[Federal Register Volume 62, Number 87 (Tuesday, May 6, 1997)]
[Proposed Rules]
[Pages 24622-24624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11746]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[Notice No. 851 (97-105)]
RIN: 1512-AA07
Davis Mountains Viticultural Area
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the 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 in Jeff
Davis County, Texas, to be known as ``Davis Mountains.'' This proposal
is the result of a petition filed by Maymie Nelda Weisbach of Blue
Mountain Vineyard, Inc. ATF believes that the establishment of
viticultural areas and the subsequent use of viticultural area names as
appellations of origin in wine labeling and advertising allows wineries
to designate the specific areas where the grapes used to make the wine
were grown and enables consumers to better identify the wines they
purchase.
DATES: Written comments must be received by July 7, 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. 851. Copies of
written comments received in response to this notice of proposed
rulemaking will be available for public inspection during normal
business hours at: ATF Reference Library, Document Services Branch,
Room 6300, 650 Massachusetts Avenue, NW, Washington, DC 20226.
FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, 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 definite American viticultural areas. The
regulations also allow the name of an approved viticultural area to be
used as an appellation of origin in the labeling and advertising of
wine.
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. Section 4.25a(e)(1), title 27,
CFR, defines an American viticultural area as a delimited grape-growing
region distinguishable by geographical features, the boundaries of
which have been delineated in subpart C of part 9. Section 4.25a(e)(2)
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 features (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 of the appropriate U.S.G.S. map(s) with the boundaries
prominently marked.
Petition
ATF has received a petition from Maymie Nelda Weisbach, of Blue
Mountain Vineyard, Inc., proposing to establish a viticultural area in
Jeff Davis County, Texas, to be known as ``Texas Davis Mountains.'' The
proposed viticultural area is located in the Trans-Pecos region of west
Texas. The entire area contains approximately 270,000 acres, of which
approximately 40 acres are planted to vineyards. Blue Mountain Vineyard
is the only commercial grower currently active within the proposed
viticultural area.
Evidence of Name
The petitioner provided evidence that the name ``Davis Mountains''
is locally known as referring to the area specified in the petition,
and proposed that the area be designated as ``Texas Davis Mountains''
to aid in national recognition of the area. She noted that, outside of
the State of Texas, the name Davis Mountains may not be well known.
Evidence supporting the use of the name ``Davis Mountains'' includes:
(a) One of the U.S.G.S. maps used to show the boundaries of the
proposed area (Mount Livermore, Texas--Chihuahua) uses the name ``Davis
Mountains'' to identify the northern portion of the proposed area.
There is a park named ``Davis Mountain State Park'' in the southeastern
portion of the proposed area. The map shows no conflicting designation
for the remainder of the proposed area.
(b) The petitioner provided an excerpt from the 1952 edition of The
Handbook of Texas, published by the Texas State Historical Association,
which describes the Davis Mountains. The location and other features
described in this entry are consistent with the petition.
(c) The petitioner also provided an excerpt from the 1968 edition
of Texas Today, a book in the Harlow State Geography Series, from the
Harlow Publishing Corporation. In it, the Davis Mountains are described
as the most extensive and among the highest of the Texas mountain
groups.
(d) Finally, the petitioner provided copies of two highway maps,
the Champion Map of Texas, and the Exxon Travel Club Map of the United
States, both of which identify the Davis Mountains by name.
ATF reviewed available resources and found no references to any
other ``Davis Mountains.'' There is national recognition of the name
``Davis Mountains'' as an area in Texas, known for the McDonald
Observatory, which is located there, and as a tourist destination for
its history, scenery and wildlife. For purposes of this notice, the
name ``Davis Mountains'' will be used as the name for the proposed
area. Comments on the need for further clarification of this name are
solicited in the Public Participation section of this notice.
Evidence of Boundaries
The petitioner has defined the proposed area primarily by highways
which, she states, parallel geographic features which define the area.
In support of this approach, the petitioner provided a copy of
``Texas,'' the Houston Chronicle Magazine, for June 2, 1996. The cover
story was ``High mountain vistas, driving the 73-mile loop around the
Davis Mountains.'' In a map associated with the article, the routes
used for the driving tour are the same as those selected by the
petitioner, except the northern boundary. The
[[Page 24623]]
driving tour recommendation followed a route to the north of the
proposed northern boundary, which the petitioner drew using other
features. As evidence that the proposed boundaries for the area are as
specified in the petition, the petitioner states the proposed limits of
the area parallel geographic features such as canyons, creeks and
escarpments, which represent natural boundaries between the mountains
and the surrounding desert.
Geographical Features
The proposed viticultural area is described in Great Texas
Getaways, copyright 1992, by Ann Ruff, as follows:
No matter which way you drive into the Davis Mountains you will
have to face the barren terrain without the taste of cool water. But
when you reach this wonderful oasis, those long, dreary miles are
more than worth the reward. Here the days are fresh and cool, the
nights brisk, and the scenery fantastic.
The petitioner stated the proposed area is distinguishable from
surrounding areas primarily by its altitude, which contributes to
the geographic and climatic features which provide for excellent
grape-growing.
The petitioner provided the following evidence to support her
claims:
Topography
The U.S.G.S. topographic map submitted by the petitioner shows the
proposed area is a mountainous area varying in elevation from 4,500 to
8,300 feet, surrounded by flatter terrain. The petitioner adds these
mountains are the second-highest range in Texas. The northern and
eastern limits are clearly defined by escarpments. Sharp boundaries in
the west and south, however, are lacking as the same formations
continue into the Ord and Del Norte Mountains. The Chihuahua desert
extends for miles in all directions, its gently rolling grasses
interspersed with yucca and agave.
Soil
The petitioner states the Davis Mountains were created about 35
million years ago by the same volcanic thrust that formed the front
range of the Rockies. The mountains are composed of granitic,
porphrytic and volcanic rocks, as well as limestones of various ages.
Climate
The cover story in ``Texas,'' the Houston Chronicle Magazine, for
June 2, 1996, titled ``High mountain vistas, driving the 73-mile loop
around the Davis Mountains'' by Leslie Sowers, described the proposed
area as a ``mountain island * * * that is cooler, wetter, and more
biologically diverse than the vast plains of the Chihuahua desert that
surround it.'' The article went on to note that the Davis Mountains
receive 20 inches of rainfall a year, contrasted with 10 inches a year
in the surrounding desert.
Proposed Boundary
The boundary of the proposed Davis Mountains viticultural area may
be found on two United States Geological Survey (U.S.G.S.) maps with a
scale of 1:100,000. The boundary is described in Sec. 9.155
Executive Order 12866
It has been determined that this proposed regulation is not a
significant regulatory action as defined in 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 economic impact on a substantial number of small entities.
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 a particular area. No new requirements are proposed. Accordingly,
a regulatory flexibility analysis is not required.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(j)) and its implementing regulations, 5 CFR Part 1320, do not
apply to this notice of proposed rulemaking because no requirement to
collect information is proposed.
Public Participation
ATF requests comments from all interested parties. We are
particularly interested in comments concerning the need for the use of
the name ``Texas Davis Mountains'' to clarify the location of the
proposed area. 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, but assurance of
consideration cannot be given except as to comments received on or
before the closing date.
ATF will not recognize any comment as confidential. Comments may be
disclosed to the public. Any material which a commenter considers to be
confidential or inappropriate for disclosure to the public should not
be included in the comment. The name of the person submitting a comment
is not exempt from disclosure. During the comment period, any person
may request an opportunity to present oral testimony at a public
hearing. However, the Director reserves the right to determine, in
light of all circumstances, whether a public hearing will be held.
Drafting Information: The principal author of this document is
Marjorie D. Ruhf, Wine, Beer and Spirits Regulations Branch, Bureau of
Alcohol, Tobacco and Firearms.
List of Subjects in 27 CFR Part 9
Administrative practice and procedure, Consumer protection,
Viticultural areas, and 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.
Par. 2. The table of sections in subpart C is amended by adding
Sec. 9.155 to read as follows:
Sec.
* * * * *
9. Davis Mountains.
Par. 3. Subpart C is amended by adding Sec. 9.155 to read as
follows:
Subpart C--Approved American Viticultural Areas
* * * * *
Sec. 9.155 Davis Mountains.
(a) Name. The name of the viticultural area described in this
section is ``Davis Mountains.''
(b) Approved map. The appropriate maps for determining the boundary
of the Davis Mountains viticultural area are two U.S.G.S. metric
topographical maps of the 1:100,000 scale, titled:
(1) ``Fort Davis, Texas,'' 1985.
(2) ``Mount Livermore, Texas--Chihuahua,'' 1985.
(c) Boundary. The Davis Mountains viticultural area is located in
Jeff Davis County, Texas. The boundary is as follows:
(1) The beginning point is the intersection of Texas Highway 17 and
Farm Road 1832 on the Fort Davis, Texas, U.S.G.S. map;
(2) From the beginning point, the boundary follows Highway 17 in a
southeasterly and then southwesterly direction until it intersects with
Highway 166;
(3) The boundary then follows Highway 166 in a southwesterly
[[Page 24624]]
direction onto the Mt. Livermore, Texas--Chihuahua, U.S.G.S. map;
(4) The boundary continues to follow Highway 166 in a westerly
direction;
(5) The boundary then continues to follow Highway 166 as it turns
in a northerly and then northeasterly direction to the point where it
meets Highway 118;
(6) The boundary then follows Highway 118 in a northerly direction
until it reaches a point where it intersects with the 1600 meter
contour line, just north of Robbers Roost Canyon;
(7) The boundary then proceeds in a straight line due east for
about two miles until it reaches the 1600 meter contour line to the
west of Friend Mountain;
(8) The boundary follows the 1600 meter contour line in a
northeasterly direction until it reaches the northernmost point of
Friend Mountain;
(9) The boundary then diverges from the contour line and proceeds
in a straight line east-southeast until it reaches the beginning point
of Buckley Canyon, approximately three-fifths of a mile;
(10) The boundary then follows Buckley Canyon in an easterly
direction to the point where it meets Cherry Canyon;
(11) The boundary then follows Cherry Canyon in a northeasterly
direction to the point where it meets Grapevine Canyon;
(12) The boundary then proceeds in a straight line from the
intersection of Cherry and Grapevine Canyons to the peak of Bear Cave
Mountain, on the Fort Davis, Texas, U.S.G.S. map;
(13) The boundary then proceeds in a straight line from the peak of
Bear Cave Mountain to the point where Farm Road 1832 begins;
(14) The boundary follows Farm Road 1832 back to its intersection
with Texas Highway 17, at the point of beginning.
Approved: April 21, 1997.
John W. Magaw,
Director.
[FR Doc. 97-11746 Filed 5-5-97; 8:45 am]
BILLING CODE 4810-31-U