[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