[Federal Register Volume 62, Number 66 (Monday, April 7, 1997)]
[Proposed Rules]
[Pages 16502-16506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8807]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 848]
RIN 1512-AA07


Mendocino Ridge Viticultural Area

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

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF), is 
considering the establishment of a viticultural area located within the 
boundaries of Mendocino County, California to be known as ``Mendocino 
Ridge,'' under 27 CFR part 9. This proposal is the result of a petition 
submitted by Mr. Steve Alden on behalf of the Mendocino Ridge Quality 
Alliance. The entire proposed area consists of about 262,400 acres or 
approximately 410 square miles with the actual proposed ``Mendocino 
Ridge'' viticultural area starting at the 1200 feet elevation line, and 
encompassing all areas at or above 1200 feet in elevation. Because of 
the 1200 foot elevation, this proposed area is unique from other 
coastal viticultural areas. Of the total 262,400 acres, the petitioner 
estimates that less than one-third, or 87,466 acres, lies above 1200 
feet elevation. Of these 87,466 acres, the petitioner asserts that 
approximately 1500 to 2000 acres or 2% of the narrow timber covered 
ridge-tops are suitable for grape production. According to the 
petitioner, there are approximately 75 acres of grapes currently 
growing within the boundaries of the proposed viticultural area. This 
75 acres of grapes is divided among six wineries.

DATES: Written comments must be received by May 22, 1997.

ADDRESSES: Send written comments to: Chief, Wine, Beer, and Spirits 
Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, P.O. Box 
50221, Washington, DC 20091-0221 (Attn: Notice No. 848). Copies of the 
petition, the proposed regulations, the appropriate maps, and written 
comments will be available for public inspection during normal business 
hours at: ATF Public Reading Room, Office of Public Affairs and 
Disclosure, Room 6480, 650 Massachusetts Avenue, NW, Washington, DC.

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)(1), 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

    Mr. Steve Alden of Alden Ranch Vineyards has petitioned ATF on 
behalf of the Mendocino Ridge Quality Alliance to propose the 
establishment of a new viticultural area located within the boundaries 
of Mendocino County, California, to be known as ``Mendocino Ridge.'' 
There are currently six producing vineyards in the proposed ``Mendocino 
Ridge'' viticultural area.
    The evidence submitted by the petitioner is discussed in detail 
below. Given the unusual nature of the proposed area, ATF is requesting 
public comment on specific questions regarding the supporting evidence. 
It should be noted that the proposed viticultural area would include 
only the land above a certain elevation within the boundaries 
described. Thus, ATF wishes to solicit public comment on the following 
questions about the geographic distinctiveness of the non-contiguous 
areas in the petition:
    1. Do the non-contiguous sites in the proposed viticultural area 
have such similar climate, soil, and other characteristics that they 
can be considered as a single or common grape growing region?
    2. Is the actual land included within the proposed viticultural 
area at the 1200 feet (and above) elevation line reasonably 
distinguishable from the adjacent land that is not included?
    3. Does the totality of the geographic evidence regarding the 
proposed viticultural area support the application of a reasonable 
proximity rule to exclude widely scattered but otherwise similar 
locations from being included within the proposed grape-growing region?

Evidence That the Name of the Area is Locally or Nationally Known

    The petitioner asserts that, the name Mendocino Ridge has been 
chosen as the name of the proposed viticultural area because the region 
has been known as producing some of the best and most distinctive 
Zinfandel wine in the world. In this regard, the petitioner asserts 
that many books and magazines have historically referred to the 
proposed viticultural area as the Mendocino Ridge. For example, in 1988 
the winery, Kendall-Jackson, wrote: ``* * * the vines in the Mariah 
vineyard are subject to the same complicated climatic variables that 
have caused wine experts to hail the Mendocino Coastal Ridge as one of 
the world's greatest Zinfandel regions.'' More recently, in an article 
published in the February 1994 issue of Gourmet Magazine, wine writer 
Gerald Asher wrote:

    In Mendocino there's an equally wide divide between the tense 
and concentrated Zinfandels produced from old vines planted by turn-
of-the-century Italian immigrants

[[Page 16503]]

who settled the exposed, high ridges between Anderson Valley and the 
Pacific and the subtly urbane wines from vineyards almost as old but 
planted in milder and better-protected sites around Ukiah and in the 
adjacent McDowell and Redwood valleys. (Emphasis added)

    The petitioner further notes that Jed Steele started to make wine 
from old Mendocino Ridge Zinfandel vines at the Edmeades Vineyard & 
Winery in Anderson Valley in the early 1970's. Again, the petitioner 
cites Gerald Asher:

    ``The revival of California Zinfandel as a serious varietal wine 
began with the rediscovery of forgotten patches of old vines such as 
those on the Mendocino Ridge, most of them tucked away among 
hillside orchards.''

    The petitioner claims that the six vineyards within the proposed 
``Mendocino Ridge'' are known by locals and wine writers as the 
``Mendocino Ridge'' vineyards and that the area encompasses many named 
coastal ridges; i.e., McGuire Ridge, Zeni Ridge, Phelps Ridge, Signal 
Ridge, Campbell Ridge, German Ridge, Hanes Ridge, Adams Ridge, Cliff 
Ridge, Greenwood Ridge, McAllister Ridge, Brandt Ridge, Lambert Ridge, 
Mariah Ridge, Fleming Ridge, Mikes Ridge, Yellow Hound Ridge, Johnny 
Woodin Ridge, and Hog Ranch Ridge, Hog Pen Ridge, Steve's Ridge, Ponds 
Ridge, Brytan Ridge, and Pearly Ridge. According to the petitioner, the 
area also encompasses various ``mountain peaks''; i.e., Cold Spring 
Mountain, Lookout Mountain, Bald Hill Dry Bridge Mountain, Eureka Hill, 
Gualala Mountain, Red Rock Mountain, Snook Mountain and Rockpile Peak. 
The petitioner notes that these ``mountain peaks'' are generally no 
higher than points on the ridge and that these ridges and peaks create 
the water shed for the Gualala River, Garcia River, Alder Creek, Elk 
Creek, Greenwood Creek, and the Navarro River. The proposed ``Mendocino 
Ridge'' viticultural area encompasses only ridge-tops which reach an 
elevation of 1200 feet or higher in the Coastal Zone of southwestern 
Mendocino County. The proposed boundary encompasses approximately 410 
square miles or about 262,400 acres which was necessary to include the 
numerous ridge-tops comprising the grape growing areas. The petitioner 
stated that to his knowledge no grapes are being grown at the lower 
elevations below the 1200 foot coastal fog line.

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

    The petitioner states that, ``(m)any articles have been written in 
prestigious wine periodicals and books over the years about the unique 
and distinctive wines produced from grapes grown within the `Mendocino 
Ridge' proposed viticultural area.'' For example, the petitioner cites 
Making Sense of California Wine by Matt Kramer (1992, William Morrow 
and Co., N.Y.) in which he states:

    There aren't many ridge vineyards but, as Spencer Tracy said in 
Pat and Mike, ``What's there is cherce.'' Even more unexpected is 
the grape variety: Zinfandel. Such ridge vineyards as Ciapusci 
Vineyard, Mariah Vineyard, Zeni Vineyard, and DuPratt Vineyard 
create some of the greatest Zinfandels in California. All are found 
between 1,400 feet and 2,400 feet in elevation. Jed Steele, the 
former winemaker for Kendall-Jackson, sought out these grapes and 
demanded an audience for them. The winery continues to issue named-
vineyard Zinfandels from several of these vineyards, all of them 
extraordinary. (Id. at 218, emphasis added)

    The petitioner also cited from Coastal Ridge Zinfandel, by Jed 
Steele Ridge Review, Volume V, No. 1 (1995, The Ridgetimes Press, 
Mendocino, CA). On page 7 it states:

    That certain grape varieties, grown in specific geographical 
locations, produce distinctive wines that are sought after by 
appreciators of fine wine is a given phenomenon in the world of 
viticulture and enology. Illustrations of such situations are Pinot 
Noir when grown in Burgundy, the White Riesling when grown in the 
Mosel Valley of Germany, and the Cabernet Sauvignon when grown in 
the Rutherford-Oakville region of the Napa Valley. Zinfandel, when 
grown in the Coastal range of Mendocino County, roughly between the 
points where the Navarro River and Gualala River empty into the 
ocean, is in my mind such a classic match of grape variety with a 
particular climate, one that leads to the ultimate in winemaking 
fruit. (Emphasis added)

    As further evidence of historic boundaries, the petitioner claims 
that, the cultivation of vineyards in the Mendocino Ridge began with 
the first Italian settlers, who came to the area in the late 1800's to 
peel tan bark. These Italian immigrants brought with them their grapes 
of choice: Zinfandel, Alicante-Bouschet, Carignane, Muscat, Palomino, 
and Malvasia. At one time, before Prohibition, it has been estimated 
that Greenwood Ridge had some 250 acres of vineyards and Fish Rock Road 
had another 150 acres of vineyards. According to the petitioner, 
Italian immigrant families with names like Luccinetti, Pearli, Gianoli, 
Ciapusci, Soldani, and Zeni homesteaded and planted vines along Fish 
Rock Road as early as the 1860's. Other Italian immigrants with names 
like Frati, Tovani, Giusti, Pronsolino, and Giovanetti homesteaded 
along Greenwood Ridge around the same time. The following statement by 
Matt Kramer in Making Sense of California Wine (1992) is cited by the 
petitioner in support of this claim:

    The planting of these higher-elevation vineyards is due entirely 
to an influx of Italian immigrants * * * in the 1890's * * * In 
Italy, as elsewhere in Europe, grapes were found to perform better 
on hillsides than on valley floors. Considering their grapes of 
choice--Zinfandel, Alicante-Bouschet, Carignan, Muscat, Palomino, 
and Malvasia--they were right. None of these sun-loving varieties 
could have prospered in the cool, frost-prone Anderson Valley floor. 
But once above the fog, the sunshine is uninterrupted. The ridge 
sites rarely see the spring frosts. (Id. at 218)

    The petitioner states that Prohibition came and many of these 
vineyards were removed. Of these original vineyards planted by the 
Italian immigrants, three have survived and still produce award winning 
wines to this day. According to the petitioner, both the Ciapusci and 
Zeni vineyards are still tended and owned by the original families on 
Fish Rock Road. On Greenwood Ridge Road, the DuPratt vineyard planted 
in 1916 is producing world class Zinfandel according to the petitioner. 
In addition, the petitioner states that the Zeni's, Ciapusci's, and 
DuPratt's all had wineries at their vineyards. Part of the Ciapusci's 
winery is still standing and parts of an old wine press can be found at 
the DuPratt vineyard site. The petitioner states that tunnels used for 
storing wine can be found burrowed into the mountain at the Zeni 
Vineyard. Three other vineyards, Mariah Vineyards, Greenwood Ridge 
Vineyards, and Alden Ranch Vineyards have been planted in the past 25 
years according to the petitioner.

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

    According to the petitioner, the proposed ``Mendocino Ridge,'' 
viticultural area is shaped like a bulging triangle with its northern 
apex less than a mile wide at the mouth of the Navarro River. The 
southern base of the triangle is approximately 15 miles wide as it runs 
along the Mendocino/Sonoma County line. From north to south the 
proposed area is 36 miles long. A small segment of the proposed 
viticultural area overlaps the Anderson Valley viticultural area along 
its northeastern boundary. The petitioner asserts that this segment has 
been included in the

[[Page 16504]]

proposed ``Mendocino Ridge'' viticultural area because it is 
climatically, geologically and enologically the same as the proposed 
``Mendocino Ridge'' area. Again, the petitioner cites Matt Kramer In 
Making Sense of California Wine (1992). On page 218 he states:

    Actually, the Anderson Valley is more complicated yet. 
Everything so far described applies to what might be called Anderson 
Valley bas. There's also an Anderson Valley haut. The AVA really 
contains another, hidden appellation. Although not recognized as an 
AVA, it should be. This ``hidden'' appellation is the vineyards 
above the fog line, locally known as the ``ridge vineyards.'' The 
name is apt: They are found on ridgelines above fourteen hundred 
feet in elevation. Technically, these vineyards are Anderson Valley 
AVA. In reality, they are their own world: more sun, no fog, yet 
subject to the cooling temperatures that come with higher elevation. 
(Emphasis added)

    According to the petitioner, the grape growing region of the 
proposed viticultural area encompasses the coastal ridge above the 1200 
feet elevation entirely within the Coastal Zone in the southwest corner 
of Mendocino County, California. Less than one third of the entire 
proposed area, or 87,466 acres, lies above 1200 feet elevation. Of 
these 87,466 acres, approximately 1500 to 2000 acres or 2% of the 
narrow timber covered ridge-tops are suitable for grape production 
according to the petitioner. There are approximately 75 acres of grapes 
currently growing within the boundaries of the proposed viticultural 
area. These 75 acres are located in isolated pockets carved out of 
dense redwood and douglas fir forest along the ridge-tops above the 
coastal fog line. The petitioner further asserts that summer mornings 
are characterized by lakes of fog with the ridge-tops protruding like 
small islands soaking up the cool morning sun.

Topography

    According to the petitioner, the proposed ``Mendocino Ridge'' area 
is characterized by narrow irregular ridges that have a high elevation 
point of 2736 feet at Cold Spring Mountain. The side-slopes are steep 
and timber covered, with slopes often exceeding 70%, making these areas 
unplantable. Because of the steepness and narrowness of the ridge-tops, 
farmable acreage is at a premium. Rarely, in the proposed viticultural 
area, does a ridge-top vineyard exceed 30 acres in one continuous 
block.
    According to the petitioner, the ``Mendocino Ridge'' terrain can be 
sharply contrasted with the surrounding areas. To the west is the 
Pacific Ocean. To the northeast is the valley lowlands of the Anderson 
Valley viticultural area. The grapes grown in this area are planted in 
the fertile alluvial soils along the Navarro River. To the southeast 
are the long, sloping, hillsides of the Yorkville benchland area. 
Grapes grown in this area have been traditionally planted on the bottom 
lands and on the hillside benches to the east of Highway 128. To the 
south is the Sonoma/Mendocino County line and the Sonoma Coast 
viticultural area.

Soils

    The petitioner states that, ``(t)he soils are unique to this 
triangle of rugged, timber-covered ridgetop area and have been shown to 
be distinct from the surrounding area's soils. Climatically, this area 
sits entirely within the Coastal Zone and receives the cooling 
influences of the Pacific Ocean which surround these ridges and peaks 
with fog, making these ridges into cool, sun-soaked islands in the sky. 
The `Mendocino Ridge' also receives a significantly greater amount of 
annual rainfall than the surrounding areas.''
    The petitioner further asserts that the soils within the proposed 
``Mendocino Ridge'' viticultural area have been identified by the Soil 
Conservation Service in a National Cooperative Soil Survey, a joint 
effort of the United States Department of Agriculture and other Federal 
agencies, State agencies including the Agricultural Experiment Stations 
and local agencies.
    According to the petitioner, the proposed area is dominated by 
timber type soils and is clearly separated from surrounding soils at 
the proposed ``Mendocino Ridge'' boundary. To the west is the Pacific 
Ocean. To the northeast are the fertile alluvial valley soils of the 
Anderson Valley and to the southeast are the upland grass range soils 
of the Yorkville area. To the south is the county line and the Sonoma 
Coast Appellation.
    Moreover, the petitioner states that the proposed ``Mendocino 
Ridge'' viticultural area is dominated by soils that fall into the 
general soil category of Ustic-isomesic type soils. These soils lie 
mainly between 500 feet and 2000 feet elevation within the zone of 
coastal influence. The soil does receive some moisture added by the 
tree canopy which causes water to precipitate from the fog. However, 
the fog influence is less pronounced at the upper elevations. It is 
less dense and does not blanket this zone as frequently as at the lower 
elevations. The soils are dry for part of the summer and there is 
little variation between summer and winter soil temperatures at 20 
inches of depth. Redwood is the most reliable indicator of this zone. 
Redwood can often comprise from 15 to 50 percent of the tree canopy 
with douglass fir, tanoak, and Pacific madrone being the other dominant 
species. The understory vegetation is often a dense thicket of 
California huckleberry and tanoak.
    The specific soil types that dominate the proposed ``Mendocino 
Ridge'' viticultural area are identified by the petitioner as follows:

1. Zeni

    This soil is moderately deep and well drained fine-loamy type soil. 
Typically, the loam surface layer is underlain by a loam subsoil. Soft 
sandstone is at a depth of 20 to 40 inches. Slopes range from 9 to 75 
percent. The vegetation is mainly Douglas fir and redwood. Average pH 
is 5.7.

2. Yellowhound

    This soil is deep and well drained. Typically, the gravelly loam 
surface is underlain by an extremely gravelly loam subsoil. Hard 
sandstone is at a depth of 40 to 60 inches. Slopes range from 9 to 100 
percent. The vegetation is mainly Douglas fir and redwood. Average pH 
is 5.6.

3. Ornbaun

    This subsoil is deep and well drained, with little or no seasonal 
fluctuation in soil temperature. Typically, the loam surface layer is 
underlain by a loam and clay loam subsoil. Soft sandstone is found 
underneath at a depth of 40 to 60 inches. This soil occurs on hilly and 
mountainous uplands with slopes of 9 to 75 percent. The vegetation is 
mainly Douglas fir and redwood. Average pH is not available.

4. Gube

    This soil is moderately deep, well drained soil formed in material 
weathered from sandstone. Gube soils are on mountains and have slopes 
of 30 to 75 percent. The vegetation is mainly Douglas fir and redwood. 
Average pH is 5.4.

5. Fish Rock

    This soil is a shallow, well drained soil formed in material 
weathered from sandstone or mudstone. Fish Rock soils are on ridgetops 
and upper sideslopes of coastal hills and mountains and have slopes of 
2 to 30 percent. The vegetation is mainly Douglas fir and redwood. 
Average pH is 4.8.

6. Snook Series

    This soil is a very shallow, somewhat excessively drained soil 
formed in material weathered from sandstone and

[[Page 16505]]

shale. Snook soils are on mountains and have slopes of 30 to 75 
percent. The vegetation is mainly Douglas fir and redwood. Average pH 
is 5.6.

7. Kibesillah

    This soil consists of moderately deep, well drained soils formed in 
material weathered from sandstone. Kibesillah soils are on hills and 
mountains and have slopes of 9 to 100 percent. The vegetation is mainly 
Douglas fir and redwood. Average pH is 5.5
    The petitioner contrasts the above soils with the soils to the 
northeast and southeast of the proposed ``Mendocino Ridge'' 
viticultural area. Along the northeast border of the proposed 
``Mendocino Ridge'' viticultural area are the deep alluvial soils of 
the Anderson Valley and Mendocino viticultural area bottom land. These 
fertile soils were identified by the USDA soil conservation service of 
the Mendocino County bottom lands completed in 1973. These soils are: 
CeB, Cole Clay Loam Wet; JaF, Jesephine Loam; TaC, Talmadge; Gravelly 
Sandy Loam; SeB, San Ysidro Loam; EdA, Esparto Silt Loam, Wet; PbC, 
Pinole Gravelly Loam; MdB, Maywood Sandy Loam, occasionally flooded 
and; FcA, Fluvents, frequently flooded. Along the southeast border of 
the proposed ``Mendocino Ridge'' viticultural area are the Xeric-mesic 
soils of the Yorkville corridor east of Highway 128 along the sweeping, 
grassy, oak studded slopes. These soils are grass, oak, and brush 
covered. The Yorkville soils are subject to little or no coastal 
influence, unlike the soils in the proposed ``Mendocino Ridge'' 
viticultural area which are dominated by the coastal influence. Soils 
are usually dry from early June to October. The soil temperature at 20 
inches in depth varies by more than 9 degrees between summer and winter 
unlike the Ustic-isomestic soils of the proposed ``Mendocino Ridge'' 
viticultural area which do not vary. The vegetation types commonly 
found on Xeric-mesic soils are interior live oak, California black oak, 
Oregon white oak, Eastwood manzanita, toyon rose, bedstraw and annual 
bromes. The petition contrasts the specific Xeric-mesic type soils of 
the Yorkville upland area with the soils in the proposed ``Mendocino 
Ridge'' viticultural area.
    In summary, the soils of the proposed ``Mendocino Ridge'' 
viticultural area are dominated by ``timber'' type soils with redwood, 
Douglas fir, tanoak, and Pacific madrone being the dominant vegetation. 
These soils are well drained and have little or no summer to winter 
soil temperature variations. In contrast, the soils of the surrounding 
areas are the deep alluvial Anderson Valley soils to the northeast and 
the upland rangeland soils of the Yorkville area to the southwest.

Climate

    The petitioner notes that the proposed ``Mendocino Ridge'' 
viticultural area lies entirely within the Coastal Climate Zone as 
defined by The Climate Of Mendocino County, a booklet published by the 
Mendocino County Farm and Home Advisors Office. The Coastal Climate 
Zone is cooled by the ocean influence of the Pacific. This Zone is 
continuous from north to south along the proposed ``Mendocino Ridge'' 
boundary and is commonly referred to as the redwood belt. The area is 
dominated by the influence of the Pacific Ocean at its western border 
throughout the year, unlike the area to the east of the proposed area 
which is within the Transitional Climate Zone. ``Transitional'' means 
the area's climate is subject to both the ocean's cooling influences 
and the warmth of the interior areas at different times of the year.
    The ``Mendocino Ridge'' viticultural area is unique from other 
coastal viticultural areas because of its elevation of 1200 feet or 
higher. According to the petitioner, the elevation line being at 
approximately the fog line means that while the valleys may be full of 
coastal fog, the vineyards are fully exposed to the sun while receiving 
the cooling influences of the fog.
    The proposed ``Mendocino Ridge'' area has both a rainy and dry 
season of moderate temperature. The rainy season occurs from November 
through May. The petitioner states that the average annual temperature 
for the area is about 53 degrees F., and the average annual 
precipitation is 75+ inches a year. Because of the area's coastal 
influence the average length of the growing season is from 275 to 300 
days.
    The petitioner claims that the climate in the adjacent growing 
regions are strikingly different. In the Yorkville Area, east of 
Highway 128, long, sweeping slopes lie within the Transitional Climatic 
Zone, receiving much more sun and inland weather influences. These 
inland weather influences mean the Yorkville area's average 
temperatures are cooler in the winter and hotter in the summer and the 
growing season is shorter, averaging between 250 and 275 days in 
length. The average annual precipitation is only 49.46 inches a year. 
Source: The Climate of Mendocino County, Mendocino County Farm and Home 
Advisors Office, page 10. With regard to Anderson Valley, it lies under 
the fog layer, receiving fewer sunlight hours than the proposed 
``Mendocino Ridge,'' grape growing areas which are entirely above the 
fogline. The average annual precipitation is only 40.68 inches a year. 
Source: The Climate of Mendocino County, Mendocino County Farm and Home 
Advisors Office, page 10.

Proposed Boundaries

    The boundary lines of the proposed ``Mendocino Ridge'' viticultural 
area closely follow the line of Coastal Zone influence, above 1200 feet 
elevation in the southwest corner of Mendocino County, California. The 
boundaries of the proposed area may be found on the following U.S. 
Department of Interior Geological Survey 15 minute series Quadrangle 
maps: Ornbaun Valley Quadrangle, California, 1960, Navarro Quadrangle, 
California, 1961, Point Arena Quadrangle, California, 1960, Boonville 
Quadrangle, California, 1959.

Public Participation-Written Comments

    ATF requests comments from all interested persons. Comments 
received on or before the closing date will be carefully considered. 
Comments received after that date will be given the same consideration 
if it is practical to do so. However, assurance of consideration can 
only be given to comments received on or before the closing date.
    ATF will not recognize any submitted material as confidential and 
comments may be disclosed to the public. Any material which the 
commenter considers to be confidential or inappropriate for disclosure 
to the public should not be included in the comments. The name of the 
person submitting a comment is not exempt from disclosure.
    Comments may be submitted by facsimile transmission to (202) 927-
8602, provided the comments: (1) Are legible; (2) are 8\1/2\''  x  11'' 
in size, (3) contain a written signature, and (4) are three pages or 
less in length. This limitation is necessary to assure reasonable 
access to the equipment. Comments sent by FAX in excess of three pages 
will not be accepted. Receipt of FAX transmittals will not be 
acknowledged. Facsimile transmitted comments will be treated as 
originals.
    Any person who desires an opportunity to comment orally at a public 
hearing on the proposed regulation should submit his or her request, in 
writing, to the Director within the 45-day comment period. The 
Director, however, reserves the right to determine, in light of all 
circumstances, whether a public hearing will be held.

[[Page 16506]]

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1980, Pub. L. 96-
511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR part 
1320, do not apply to this notice because no requirement to collect 
information is proposed.

Regulatory Flexibility Act

    It is hereby certified that this proposed 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 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 the proposal, if promulgated as a 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.

Executive Order 12866

    It has been determined that this proposed 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.

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, and Wine.

Authority and Issuance

    Title 27, Code of Federal Regulations, part 9, American 
Viticultural Areas, is proposed to be 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. 9.152 to read as 
follows:
* * * * *


Sec. 9.152  Mendocino Ridge.

    (a) Name. The name of the viticultural area described in this 
section is ``Mendocino Ridge.''
    (b) Approved maps. The appropriate maps for determining the 
boundary of the Mendocino Ridge viticultural area are four 1:62,500 
scale U.S.G.S. topographical maps. They are titled:
    (1) Ornbaun Valley Quadrangle, California, 15 minute series 
topographic map, 1960.
    (2) Navarro Quadrangle, California, 15 minute series topographic 
map, 1961.
    (3) Point Arena Quadrangle, California, 15 minute series 
topographic map, 1960.
    (4) Boonville Quadrangle, California, 15 minute series topographic 
map, 1959.
    (c) Boundary. The Mendocino Ridge viticultural area is located 
within Mendocino County, California. Within the boundary description 
that follows, the viticultural area starts at the 1200 foot elevation 
(contour line) and encompasses all areas at or above the 1200 foot 
elevation line. The boundaries of the Mendocino Ridge viticultural 
area, using landmarks and points of reference found on appropriate 
U.S.G.S. maps, follow.
    (1) Beginning at the Mendocino/Sonoma County line at the mouth of 
the Gualala River, where the Gualala River empties into the Pacific 
Ocean, in section 27 of Township 11 North (T11N), Range 5 West (R5W), 
located in the southeastern portion of U.S.G.S. 15 minute series map, 
``Point Arena, California;''
    (2) Then following the Mendocino/Sonoma County line eastward to the 
southeast corner of section 8 in T11N/R13W, on the U.S.G.S. 15 minute 
map, ``Ornbaun Valley, California;''
    (3) Then from the southeast corner of section 8 in T11N/R13W 
directly north approximately 3+ miles to the southwest corner of 
section 9 in T12N/R13W;
    (4) Then proceeding in a straight line in a northwesterly direction 
to the southwestern corner of section 14 in T13N/R14W;
    (5) Then directly north along the western line of section 14 in 
T13N/R14W to a point on the western line of section 14 approximately 1/
4 from the top where the Anderson Valley viticultural area boundary 
intersects the western line of section 14 in T13N/R14W;
    (6) Then in a straight line, in a northwesterly direction, to the 
intersection of an unnamed creek and the south section line of section 
14, T14N/R15W, on the U.S.G.S. 15 minute series map, ``Boonville, 
California;''
    (7) Then in a westerly direction along the south section lines of 
sections 14 and 15 in T14N/R15W to the southwest corner of section 15, 
T14N/R15W, on the U.S.G.S. 15 minute series map, ``Navarro, 
California;''
    (8) Then in a northerly direction along the western section lines 
of sections 15, 10, and 3 in T14N/R15W in a straight line to the 
intersection of the Navarro River on the western section line of 
section 3 in T14N/R15W;
    (9) Then in a northwesterly direction along the Navarro River to 
the mouth of the river where it meets the Pacific Ocean in section 5 of 
T15N/R17W;
    (10) Then in a southern direction along the Mendocino County 
coastline to the Mendocino/Sonoma County line to the beginning point at 
the mouth of the Gualala River in section 27 of T11N/R15W, on the 
U.S.G.S. 15 minute series map, ``Point Arena, California.''

    Signed: March 13, 1997.
John W. Magaw,
Director.
[FR Doc. 97-8807 Filed 4-4-97; 8:45 am]
BILLING CODE 4810-31-P