[Federal Register Volume 61, Number 247 (Monday, December 23, 1996)]
[Rules and Regulations]
[Pages 67463-67466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32422]


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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[TD ATF-386; Re: Notice No. 838]
RIN 1512-AA07


Redwood Valley Viticultural Area (95R-053P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.

ACTION: Final rule, Treasury decision

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SUMMARY: This final rule establishes a viticultural area located within 
the east central interior portion of Mendocino County, California to be 
known as ``Redwood Valley,'' under 27 CFR part 9. This is the result of 
a petition submitted by Mr. Timothy R. Buckner and prepared by Mr. 
Buckner, Mr. Jefferson Hinchliffe, Mr. Ulysses Lolonis, and Mr. Rudolph 
H. Light. The petition was signed by 20 growers and winemakers in 
``Redwood Valley.'' In addition, 4 letters of support for the area were 
received with the petition from growers and winemakers in the area. 
``Redwood Valley'' is an unincorporated rural community in Mendocino 
County of northwestern California with approximately 6,000 people 
spread out over about 35 square miles. It is currently the home of 
seven wineries that produce varietal wines distributed around the 
world. There are 66 vineyard owners farming 2,371 acres of wine grapes.

EFFECTIVE DATE: February 21, 1997.
FOR FURTHER INFORMATION CONTACT: David W. Brokaw, Wine, Beer, and 
Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 
650 Massachusetts Avenue, NW, Washington, DC 20226, (202) 927-8230.

SUPPLEMENTARY INFORMATION:

Background

    On August 23, 1978, ATF published Treasury Decision ATF-53 (43 FR 
37672, 54624) revising regulations in 27 CFR part 4. These regulations 
allow the establishment of definitive viticultural areas. The 
regulations allow the name of an approved viticultural area to be used 
as an appellation of origin on wine labels and in wine advertisements. 
On October 2, 1979, ATF published Treasury Decision ATF-60 [44 FR 
56692] which added a new part 9 to 27 CFR, providing for the listing of 
approved American viticultural areas, the names of which may be used as 
appellations of origin.
    Section 4.25a(e)(l), title 27, CFR, defines an American 
viticultural area as a delimited grape-growing region distinguishable 
by geographic features, the boundaries of which have been delineated in 
subpart C of part 9.
    Section 4.25a(e)(2), title 27, CFR, outlines the procedure for 
proposing an American viticultural area. Any interested person may 
petition ATF to establish a grape-growing region as a viticultural 
area. The petition should include:
    (a) Evidence that the name of the proposed viticultural area is 
locally and/or nationally known as referring to the area specified in 
the petition;
    (b) Historical or current evidence that the boundaries of the 
viticultural area are as specified in the petition;
    (c) Evidence relating to the geographical characteristics (climate, 
soil, elevation, physical features, etc.) which distinguish the 
viticultural features of the proposed area from surrounding areas;
    (d) A description of the specific boundaries of the viticultural 
area, based on features which can be found on United States Geological 
Survey (U.S.G.S.) maps of the largest applicable scale, and;
    (e) A copy (or copies) of the appropriate U.S.G.S. map(s) with the 
proposed boundaries prominently marked.

Petition

    ATF received a petition from Mr. Timothy Buckner proposing to 
establish a new viticultural area located within the east central 
interior portion of Mendocino County, California to be known as 
``Redwood Valley,'' under 27 CFR part 9.
    There are currently seven wineries in ``Redwood Valley.'' The dates 
they were bonded are as follows: Fetzer (1968), Weibel (1972), Frey 
(1980), Lolonis (1983), Elizabeth (1987), Konrad (1989), and Gabrielli 
(1991). Weibel and Konrad wineries have recently changed ownership and 
were renamed Redwood Valley Cellars and Fife Vineyards, respectively.

Notice of Proposed Rulemaking

    In response to Mr. Buckner's petition, ATF published a notice of 
proposed rulemaking, Notice No. 838, in the Federal Register on 
September 3, 1996 [61 FR 46403] proposing the establishment of the 
``Redwood Valley'' viticultural area. The notice requested comments 
from all interested persons by October 18, 1996.

Comments on Notice of Proposed Rulemaking

    ATF did not receive any letters of comment in response to Notice 
No. 838.

Evidence That The Name Of The Viticultural Area Is Locally Or 
Nationally Known

    ``Redwood Valley'' is an unincorporated rural community in 
Mendocino County of northwestern California with approximately 6,000 
people spread out over about 35 square miles. It is currently the home 
of seven wineries that produce premium to ultra premium varietal wines 
distributed around the world. ``Redwood Valley'' grapes are used in 
vineyard designated wines made by wineries throughout the region. There 
are 66 vineyard owners farming 2,371 acres of wine grapes in Redwood 
Valley. There are 855 acres of white winegrapes (36%) and 1,516 (64%) 
planted in red varieties in Redwood Valley.

History and Tradition

    The area has been known by the viticultural area name for over a 
century. Some early settlers arrived in ``Redwood Valley'' in the mid 
1850s, and there was a thriving community by 1900. From as early as the 
1870s, grape growing and wine making were an important part of the 
economy and culture of ``Redwood Valley.'' One of the earliest 
published mentions of ``Redwood Valley'' as a grape growing region was 
in a March 7, 1913, article in the Ukiah Republican Press (1885-1954), 
which described ``Redwood Valley'' as ``* * * admirably adapted for the 
grape and fruit land in Northern California.''
    In the March 17, 1913 issue of the Ukiah Dispatch Democrat, the 
petitioner found the following article: The Redwood Valley Improvement 
Club Accomplishing Splendid Results By Concentrated Action and 
Progressiveness, which stated as follows: ``This is perhaps at the 
present time one of the most important industries of the valley, with 
hundreds of acres in vineyards and several important wineries in active 
operation, and because of the statements made * * * by Professor 
Bioletti, the grape question has taken on a renewed activity. Redwood 
Valley grapes are exceptionally rich in sugar and are in demand because 
they raise the quality of wine. Much of the valley's product is 
contracted for over a term of years * * * (g)rapes produce splendidly 
on

[[Page 67464]]

the bench lands of the valley, and because of the sunshine and climatic 
conditions mature and produce the ideal wine grapes.''
    In the Santa Rosa Press Democrat, the petitioner found an article 
printed on July 31, 1949, and titled, ``It's Howdy Neighbor To 
Calpella, Redwood Valley,'' by Mike Pardee. This article states that, 
``[a]pproximately half of Mendocino County's present grape acreage of 
7,700 acres is in Redwood Valley. Farm Advisor R.D. Foote of Mendocino 
County said. ``The Valley thus raised about half of the county's 17,000 
tons produced last year (1948) * * *. Redwood Valley for years has been 
one of Mendocino County's most important farming sections. Its 314 
families for the most part farmers * * *. They'll tell you that those 
grapes make the finest wines in the region'.''

Name Evidence

    ``Redwood Valley'' is recognized by the United States Postal 
Service as a distinct community with the Zip Code 95470. The U.S.G.S. 
uses the name ``Redwood Valley'' Quadrangle on its 1:24,000 topographic 
map. The valley has a domestic and irrigation water supplier known as 
``Redwood Valley County Water District.'' A number of entities give the 
area its sense of identity, including the ``Redwood Valley Grange,'' 
``Redwood Valley School,'' ``Redwood Valley Shopping Center,'' 
``Redwood Valley Industrial Park.'' Businesses and organizations using 
the ``Redwood Valley'' name include a large vineyard, a gravel plant, 2 
churches, a Pomo Indian Rancheria, and so on. The petitioner provided 
photocopies of stationery and business cards from six private and three 
public entities that use the name ``Redwood Valley'' in their title. 
Each of the entities are currently in business and located in ``Redwood 
Valley.''

Historical or Current Evidence that the Boundaries of the 
Viticultural Area are as Specified in the Petition

    The ``Redwood Valley'' viticultural area boundaries are roughly the 
watershed that forms the headwaters of the west fork of the Russian 
River, including Forsythe Creek. Starting at the northern tip of the 
valley and following the ridge tops, the area widens out to the south 
as far as State Highway 20. Across Highway 20 to the south is the 
community of Calpella. Highway 20 provides a distinct southern boundary 
for the viticultural area. Calpella has a different zip code, water 
district, school, etc than ``Redwood Valley.'' Furthermore, the soils 
and climate of Calpella occupy a transition zone between Ukiah and 
``Redwood Valley.''

Evidence Relating to the Geographical Features (Climate, Soil, 
Elevation, Physical Features, etc.) Which Distinguish the 
Viticultural Features of the Area from Surrounding Areas.

Topography

    The geography of the area sets it apart from surrounding areas in 
several respects. ``Redwood Valley'' is clearly defined by the ridges 
of the coastal mountain range that surrounds it and that the Valley 
floor slopes gently up in elevation from around 750' to 900' above sea 
level. The mountain ridges rise steeply from the valley floor to over 
3,350' elevation. Most of the grapes are grown at an elevation between 
750' and 1,500' above sea level. At the south end of the valley the 
foothills close in from the east and west to form a narrowed throat 
through which the Russian River flows south. This narrowing is also 
where Highway 20 crosses the valley and the river to intersect with 
Highway 101. This combination of landforms provides a natural set of 
boundaries for the viticultural area. These features combine in several 
ways to produce growing conditions which distinguish the area from 
surrounding areas. The soils, as well as the micro-, meso-, and macro-
climates are all factors that distinguish the viticultural area from 
surrounding areas.

Soils

    While all of the specific soil series that are found in ``Redwood 
Valley'' also exist in the surrounding areas, the proportions of the 
soils in ``Redwood Valley'' distinguish it from the surrounding areas. 
The Wine Regions of America, a book written by John J. Baxevanis in 
1992, gives the following description of the Redwood Valley area. 
``Redwood Valley, the northernmost of the string of Russian River 
Valleys, lies (eight) miles north of Ukiah and Lake Mendocino on a 
series of higher terraces. Representing the birthplace of Mendocino 
winemaking, it is the home of some of the county's largest wineries. 
With more than 40 percent of the county's acreage, it is the most 
important of all the producing regions in the two county region [Lake 
and Mendocino]. A region II area, it produces above-average quality 
Zinfandel, Cabernet Sauvignon, Chardonnay, Petite Sirah, and Sauvignon 
Blanc. One of its elements of celebrity is the considerable quantity of 
Manzanita soil.'' (pg. 295). The petitioner was unable to ascertain the 
origin of the term ``Manzanita soil.'' However, he states that, 
``Redwood Valley does contain the largest deposit of the famous Redvine 
soil in the region and perhaps it is this to which Baxevanis refers.''
    The soils in the viticultural area have several unique features as 
determined by the U.S.D.A. Soil Conservation Service (SCS). The 1991 
Soil Survey of Mendocino County, Eastern Part, and Trinity County, 
Southwestern Part, California, was used extensively by the petitioner 
to determine the identity and areas of soils for comparison. Whereas 
all of the specific soil series that are found in ``Redwood Valley'' 
occur in the surrounding area, it is the proportions in which they 
appear in ``Redwood Valley'' that are unique. ``Redwood Valley'' has by 
far the largest deposit of Redvine Series soil (#184-186 SCS Survey) in 
the area. Nearly one quarter of the viticultural area's plantable 
acreage is composed of soils of the Redvine Series. Potter Valley 
Viticultural Area to the east has no Redvine Series soils. The 
Calpella/Ukiah area to the south of ``Redwood Valley'' has a few small 
and isolated pockets of Redvine soils but their combined area amounts 
to less than 10% of the area covered by Redvine Series soils in 
``Redwood Valley.''
    Another soil series that stands out, is the Pinole Gravelly Loam 
(#178-180 SCS Survey), which also occurs in the Potter Valley and Ukiah 
areas, but is a much smaller component of the area's overall 
composition. ``Redwood Valley'' has three times as much Pinole Gravelly 
Loam as either of these other two areas. This soil type makes up nearly 
a third of ``Redwood Valley's'' growing area.
    The Redvine and Pinole Gravelly Loam soil series comprise over half 
of the vineyard acreage of ``Redwood Valley.'' The rest are an amalgam 
of six other types: Feliz, Pinnobie, Yokayo, Russian, Talmage, and 
Yokayo/Pinole/Pinobie. These last six general types (plus traces of a 
few more types) evidence themselves in the neighboring areas in varying 
proportion, but all play a larger role elsewhere than they do in 
``Redwood Valley.''
    The petitioner provided a table illustrating the proportions of 
soil types in the ``Redwood Valley'' area compared with the Ukiah/
Calpella area. These figures were derived from SCS maps and soil 
descriptions, and were measured with a Compensating Polar Planimeter. 
The table indicates that, while ``Redwood Valley'' contains most of the 
same soil types as the Ukiah Valley, such soils are present in 
different quantities in the respective areas.

[[Page 67465]]

Climate

    One local winemaker, Jefferson Hinchliffe of Gabrielli Winery 
stated as follows about the way ``Redwood Valley's'' unique climate and 
soils manifest themselves in the wine: ``I have been making wines from 
the many districts of Mendocino County for (t)en years. During that 
period I have developed a sense of what distinguishes the wines of 
Redwood Valley * * *. The wines in general are of higher acidity and 
later maturity than of Ukiah Valley. The typical picking schedule for a 
given variety would begin with the Hopland-Sanel area, followed by 
Ukiah-Calpella, and then Redwood Valley. Comparisons with Potter Valley 
are based on fewer varieties since Potter Valley is planted mainly to 
early ripening Pinot and Chardonnay. Anderson Valley north of Boonville 
ripens later than Redwood Valley * * *. Acidity, color (especially in 
Pinot Noir), and phenolic content are higher in Redwood Valley than in 
adjacent regions. Higher temperatures in general lower phenolic 
content, color, and acidity * * *. Late ripening varieties can have 
difficulty ripening in Redwood Valley. Cabernet in general is able to 
tolerate the rain associated with the late season, but more fragile 
varieties such as Petite Sirah, Carignane, and Sangiovese can rot 
before ripening in heavier soils when bearing large crops. Conservative 
farming can produce stellar examples of these varieties * * *.''
    Another wine maker, Jed Steele, of Steele Wines submitted a letter 
of support for the petition, in which he stated as follows. ``[T]he 
REDWOOD VALLEY of Mendocino County is an excellent and singular grape 
growing region, certainly worthy of receiving a separate viticultural 
district designation * * *. It appears that REDWOOD VALLEY's particular 
climate allows for attaining many of the positive quality factors found 
in grapes grown in the cooler regions of Mendocino (Anderson Valley, 
etc.) as well as giving harvests that allow for more consistent 
maturity found in the more interior valleys (Potter Valley, etc.) of 
this county.''
    In addition, the February 15, 1993 issue of The Wine Spectator, 
page 11, contains an article entitled ``California's Redwood Valley 
Moves Out of the Shadows,'' by Robyn Bullard, which states as follows. 
``Wineries such as Fetzer, Weibel, and Frey have been in Redwood Valley 
for years, but now four more wineries have cropped up. The region 
boasts good soil and operating costs that are cheaper than other areas 
in Northern California * * *. Costs aside, Redwood Valley vineyards 
have long yielded quality grapes * * *. Compared to the hot Ukiah 
Valley, Redwood Valley is much cooler. The area rarely gets fog, but 
the terrain and location allow ocean breezes--the same winds that cool 
Anderson Valley.''
    There are a number of factors that make ``Redwood Valley'' 
climatically distinct. The petitioner provided a table listing the 
major agricultural areas of Mendocino County and their respective 
climatic region and number of degree days, as reflected in the SCS Soil 
Survey, 1991, pg. 4. Degree day figures for Anderson Valley were 
unavailable. The table indicates that ``Redwood Valley'' has 2,914 
degree days and is the only Region II Climate in Mendocino County, 
factors that the petitioner states are significant. In support of this 
assertion, the petitioner cites the grape growing textbook General 
Viticulture, 1974, by Winkler et al., which he states contains the 
following excerpt: ``Region II.--An area of great importance. The 
valleys can produce most of the premium-quality and good standard white 
and red table wines of California. The less productive slopes and 
hillsides vineyards cannot compete in growing grapes for standard 
wines, because of lower yield, but, nevertheless, can produce favorable 
yields of fine wines'' (pgs. 66-67).
    The petitioner states that, ``(s)ince November of 1987, Light 
Vineyard of Redwood Valley (Latitude 39 degrees 18.32', Longitude 123 
degrees 12.46', elevation 800') has maintained a U.S. Weather Bureau 
standard weather station including the following instruments: maximum/
minimum thermometer, Belfort Recording Hygrothermograph, Belfort 
Recording Pyranograph, Totalizing Anemometer, Evaporation Pan, and Rain 
Gauge. Readings are taken daily, and data are transmitted monthly to 
the California Irrigation Management Information Service in 
Sacramento.''
    Records from this station show that, in the most recent eight year 
period, the ``Redwood Valley'' received 22% more rainfall than the 
Ukiah Valley. The petitioner provided a table comparing the monthly 
totals for rainfall in ``Redwood Valley'' and Ukiah, for the eight year 
period for which they have maintained records. The table and charts 
were prepared from data gathered from the Light Vineyard Weather 
station which meets U.S. Weather Bureau standards. According to these 
records, the average total monthly rainfall in Ukiah Valley was 32.48 
inches during the period of July through June compared to an average 
total of 39.62 inches for ``Redwood Valley'' during the same period. 
The petitioner also provided a graph comparing the annual rainfall 
values for ``Redwood Valley'' and Ukiah Valley averaged over a six year 
period. The graph indicates that the precipitation values for ``Redwood 
Valley'' were consistently higher than those for Ukiah Valley over the 
six year period measured.
    ``Redwood Valley's'' temperatures are several degrees lower in 
daily lows than Ukiah Valley. The petitioner states that, ``(t)his 
accounts for the lower growing degree day totals in Redwood Valley and 
its placement in Region II. So, although Redwood Valley may reach daily 
high temperatures similar to the Ukiah area, because of cooler nights 
there remains a longer morning cool period.'' The petitioner also 
provided a chart comparing monthly average temperatures for the two 
areas averaged over a six year period. This chart supports the 
petitioner's contentions regarding average maximum and minimum 
temperatures.

Boundaries

    The ``Redwood Valley'' viticultural area is located in east central 
Mendocino County, California. The boundaries of the viticultural area 
can be found on four U.S. Geological Survey Quadrangle Maps labeled, 
``Redwood Valley, Calif.'' 1960, photorevised 1975, ``Ukiah, Calif.'' 
1958, photorevised 1975, ``Laughlin Range, Calif.'' 1991 and, ``Orr 
Springs, California, provisional edition'' 1991. All are 7.5 minute 
series maps. It should be noted that the entire eastern boundary of the 
``Redwood Valley'' viticultural area abuts the western boundary of the 
Potter Valley viticultural area.

Executive Order 12866

    It has been determined that this regulation is not a significant 
regulatory action as defined by Executive Order 12866. Accordingly, 
this proposal is not subject to the analysis required by this executive 
order.

Regulatory Flexibility Act

    It is hereby certified that this regulation will not have a 
significant impact on a substantial number of small entities. The 
establishment of a viticultural area is neither an endorsement nor 
approval by ATF of the quality of wine produced in the area, but rather 
an identification of an area that is distinct from surrounding areas. 
ATF believes that the establishment of viticultural areas merely allows 
wineries to more accurately describe the origin of their wines to 
consumers, and helps consumers identify the wines they

[[Page 67466]]

purchase. Thus, any benefit derived from the use of a viticultural area 
name is the result of the proprietor's own efforts and consumer 
acceptance of wines from that region.
    Accordingly, a regulatory flexibility analysis is not required 
because this final rule, is not expected (1) to have significant 
secondary, or incidental effects on a substantial number of small 
entities; or (2) to impose, or otherwise cause a significant increase 
in the reporting, recordkeeping, or other compliance burdens on a 
substantial number of small entities.

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1995, Pub. L. 96-
511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 C.F.R. 
Part 1320, do not apply to this rulemaking because no requirement to 
collect information is proposed.

Drafting Information

    The principal author of this document is David W. Brokaw, Wine, 
Beer, and Spirits Regulations Branch, Bureau of Alcohol, Tobacco and 
Firearms.

List of Subjects in 27 CFR Part 9

    Administrative practices and procedures, Consumer protection, 
Viticultural areas, Wine.

Authority and Issuance

    Title 27, Code of Federal Regulations, Part 9, American 
Viticultural Areas, is amended as follows:

PART 9--AMERICAN VITICULTURAL AREAS

    Paragraph 1. The authority citation for Part 9 continues to read as 
follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

    Par. 2. Subpart C is amended by adding Sec. 9.153 to read as 
follows:
* * * * *


Sec. 9.153  Redwood Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Redwood Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundary of the Redwood Valley viticultural area are four Quadrangle 
7.5 minute series 1:24,000 scale U.S.G.S. topographical maps. They are 
titled:
    (1) ``Redwood Valley, Calif.'' 1960, photorevised 1975.
    (2) ``Ukiah, Calif.'' 1958, photorevised 1975.
    (3) ``Laughlin Range, Calif.'' 1991.
    (4) ``Orrs Springs, California, provisional edition'' 1991.
    (c) Boundary. The Redwood Valley viticultural area is located in 
the east central interior portion of Mendocino County, California. The 
boundaries of the Redwood Valley viticultural area, using landmarks and 
points of reference found on appropriate U.S.G.S. maps, are:
    (1) The beginning point is the intersection of State Highway 20 
with the eastern boundary of Section 13, T16N/R12W located in the 
extreme northeast portion of the U.S.G.S. map, ``Ukiah, Calif.'';
    (2) Then north along the east boundary line of Sections 12 and 1 to 
the northeast corner of Section 1, T16N/R12W on the U.S.G.S. map, 
``Redwood Valley, Calif.'';
    (3) Then west along the northern boundary line of Section 1 to the 
northwest corner of Section 1, T16N/R12W;
    (4) Then north along the east boundary line of sections 35, 26, 23, 
14, 11, and 2 to the northeast corner of Section 2, T17N/R12W;
    (5) Then west along the northern boundary of Sections 2, 3, 4, 5, 
and 6 to the northwest corner of Section 6, T17N/R12W;
    (6) Then 10 degrees southwest cutting diagonally across Sections 1, 
12, 13 ,24, 25, and 36 to a point at the northwest corner of Section 1, 
T16N/R13W on the U.S.G.S. map, ``Laughlin, Range, Calif.'';
    (7) Then south along the western boundary line of Sections 1 and 12 
to the southwest corner of Section 12, T16N/R13W;
    (8) Then 13 degrees southeast across Sections 13, 18, and 17 to the 
intersection of State Highway 20 and U.S. Highway 101, T16N/R12W on the 
U.S.G.S. map, Ukiah, Calif.''; and
    (9) Then easterly along a line following State Highway 20 back to 
the beginning point at the eastern boundary of Section 13, T16N/R12W 
located in the extreme northeast portion of the U.S.G.S. map ``Ukiah, 
Calif.''

    Signed: November 8, 1996.
John W. Magaw,
Director.
    Approved: November 22, 1996.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary (Regulatory, Tariff, and Trade 
Enforcement).
[FR Doc. 96-32422 Filed 12-20-96; 8:45 am]
BILLING CODE 4810-31-P