[Federal Register Volume 63, Number 165 (Wednesday, August 26, 1998)]
[Proposed Rules]
[Pages 45427-45430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22875]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 864]
RIN 1512-AAD7


Yountville Viticultural Area ( 98R-28P)

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) has received 
a petition for the establishment of a viticultural area in Napa County, 
California, to be known as ``Yountville.'' This proposal is the result 
of a petition submitted by Yountville appellation committee.

DATES: Written comments must be received by October 26, 1998.

ADDRESSES: Send written comments to: Chief, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, 
D.C. 20091-0221 (Attn: Notice No. 864). Copies of the petition, the 
proposed regulation, 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, D.C.

FOR FURTHER INFORMATION CONTACT: Thomas B. Busey, Specialist, 
Regulations Division, Bureau of Alcohol, Tobacco and Firearms, 650 
Massachusetts Avenue, NW., Washington, D.C. 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 4.25(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 has received a petition from Mr. Richard Mendelson, submitted 
on behalf of a number of wineries and grape growers in the Yountville 
area. The proposed viticultural area is located entirely within the 
Napa Valley. It contains approximately 8260 acres, of which 3500 are 
planted to vineyards. The proposed viticultural area was determined by 
extending the wine growing area from around the town of Yountville 
until it abuts the already established viticultural areas of Oakville 
on the north, Stags Leap District on the east, and Mt. Veeder on the 
west. On the south is an area called Oak Knoll which has petitioned to 
be considered a viticultural area.

[[Page 45428]]

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

    An historical survey written by Charles Sullivan spells out the 
historical use of the name Yountville and vineyard plantings dating 
back to the late 1800's. Numerous references exist indicating the 
general use of the name ``Yountville'' to refer to the petitioned area. 
The petitioner included copies of title pages of various publications, 
guide and tour book references, public and private phone book listings 
and Federal and State agency maps, to illustrate the use of the name. 
For example, an ad for wine in the 1880's stresses the source of the 
grapes for the wine as ``Yountville.'' Yountville is also prominently 
mentioned in James Halliday's Wine Atlas of California.

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

    According to the petitioner, the boundaries establish a grape 
growing area with an identifiable character, based on climate, 
topography, and historical tradition. The Yountville area boundaries 
were determined by extending the grape growing area from around the 
town itself until it abuts the already established viticultural areas 
of Oakville on the north, Stags Leap District on the east and Mt. 
Veeder on the west and an area called Oak Knoll on the south, which is 
currently under consideration on whether it should be recognized as a 
viticultural area. The proposed boundaries of the area were determined 
by already existing AVA's and by the distinguishing physical features 
of the area. The boundary lines are accurately described using the 
features on the submitted U.S.G.S maps. In sum, the petitioner believes 
the proposed boundaries encompass an area of remarkable uniformity with 
respect to soils, climate and existing AVA's.
    The history of viticulture in the Napa Valley begins with George C. 
Yount. Yount first visited the Napa Valley in 1831. He was granted his 
Rancho Caymus on March 3, 1836. It amounted to approximately 11,000 
acres and covered the valley and foothills from the Bale Slough in the 
north to a line which runs through the town of Yountville today. By the 
1840's he had established a small vineyard. In 1855, he commissioned a 
surveyor to lay out the city. The new community was christened 
Sebastopol. In 1887, two years after Yount's death, the town was 
renamed in honor of its founder.

Evidence Relating To The Geographical Features (Climate, Soil, 
Elevation, Physical Features, Etc.) Which Distinguish Viticultural 
Features Of The Proposed Area From Surrounding Areas

    According to the petitioner, the geographical features of the 
proposed viticultural area set it apart from the surrounding area in 
the Napa Valley and produce a unique microclimate. The distinguishing 
features of the proposed viticultural area are the Napa River, the Napa 
Valley floor, the alluvial soils, the hills north of Yountville called 
the Yountville Mounts and the hills west of Yountville which form the 
western boundary of the Napa Valley.
    The petitioner has submitted evidence showing that the weather is 
specific to the Yountville area with cool marine air currents reaching 
the Yountville Mounts (northern border of the proposed area) and which 
form a weather barrier to further expansion of the fogs and winds. Also 
the soils which form the alluvial fan just across the southern boundary 
of the Yountville area can be seen to come from the Dry Creek watershed 
(see U.S.G.S. maps). The soils just north of the Yountville border come 
from the hills that form the western side of the area. The line along 
Ragatz Lane was selected to delineate the two areas. The soils between 
Yountville and Stags Leap District can be seen to differ north of the 
Yountville crossroad with the Rector canyon being the parent and the 
area between the Napa River and the Silverado Trail belonging to the 
hills immediately to the east.
    According to the petitioner, the Yountville area, and specifically 
the area near and west of the town of Yountville, is one of the coolest 
vineyard regions of the Napa Valley viticultural area with long, cool 
growing season for grapevines. The Amerine and Winkler (1944) climate 
scheme rates this area as a Region II climate in a typical year, with a 
growing season degree-day totals of 2600 to 2900. This makes the area 
around the town of Yountville warmer than most of the Carneros 
viticultural area, but cooler than parts of Mt. Veeder and Oakville.
    According to the petitioner, the Yountville area is unusual as a 
Napa Valley floor viticultural region in that it is not dominated 
geomorphically by large alluvial fans. It is most similar geologically 
to the Stags Leap District, which also is dominated by an old Napa 
River channel. However, the petitioner alleges that the Yountville area 
is also geologically and geomorphologically distinct from the Stags 
Leap District , as Yountville was an area of intense coastal deposition 
along what must have been a nearshore current set up on the western 
side of the valley. The only similar coastal deposits found in the Napa 
Valley are in the Hagen Road area east of the City of Napa off Olive 
Hill Lane. Geomorphic deposits strongly influence soil types in the 
regions. Pronounced differences in soils are seen between Yountville, 
Oakville, the Stags Leap District, Mt. Veeder, and the proposed Oak 
Knoll viticultural area.

Proposed Boundaries

    The boundaries of the proposed Yountville viticultural area may be 
found on four U.S.G.S. Quadrangle (7.5 Minute Series) maps titled: 
Napa, CA (1951); Rutherford, CA (1951); Sonoma, CA (1951); and 
Yountville, CA (1951).

Public Participation-Written Comments

    ATF requests comments from all interested persons. Comments 
received on or before the closing data 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 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 60-day comment period. The 
Director, however, reserves the right to determine, in light of all 
circumstances, whether a public hearing will be held.

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

[[Page 45429]]

rulemaking 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 the 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 Thomas B. Busey, 
Regulations Division, 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. 9.160 to read as 
follows:


Sec. 9.160  Yountville.

    (a) Name. The name of the viticultural area described in this 
section is ``Yountville.''
    (b) Approved maps. The appropriate maps for determining the 
boundary of the Yountville viticultural area are four 1:24,000 Scale 
U.S.G.S. topography maps. They are titled:
    (1) Napa, CA 1951 photorevised 1980.
    (2) Rutherford, CA 1951 photorevised 1968.
    (3) Sonoma, CA 1951 photorevised 1980.
    (4) Yountville, CA 1951 photorevised 1968.
    (c) Boundary. The Yountville viticultural area is located in the 
State of California, entirely within the Napa Valley viticultural area. 
The boundaries of the Yountville viticultural area, using landmarks and 
points of reference found on appropriate U.S.G.S. maps are as follows:
    (1) Beginning on the Rutherford quadrangle map at the intersection 
of the 500 foot contour line with an unnamed stream known locally as 
Hopper Creek north of the center of Section 3, T6N, R5W, Mount Diablo 
Meridan (MDM);
    (2) Then along the unnamed stream (Hopper Creek) southeasterly, and 
at the fork in Section 3, northeasterly along the stream to the point 
where the stream intersects with an unnamed dirt road in the northwest 
corner of Section 2, T6N, R5W, MDM;
    (3) Then in a straight line to the light duty road to the immediate 
northeast in Section 2, then along the light duty road in a 
northeasterly direction to the point at which the road turns 90 degrees 
to the left;
    (4) Then northerly along the light duty road 625 feet, then 
northeasterly (N 40 deg. by 43') in a straight line 1,350 feet, along 
the northern property line of Assessor's Parcel Number 27-380-08, to 
State Highway 29, then continuing in a straight line approximately 500 
feet to the peak of the 320 plus foot hill along the western edge of 
the Yountville hills;
    (5) Then east to the second 300 foot contour line, then along said 
contour line around the Yountville hills to the north to the point at 
which the 300 foot line exits the Rutherford quadrangle for the second 
time;
    (6) Then, on the Yountville quadrangle map, in a straight line in a 
northeasterly direction approximately N34 deg. by 30'E approximately 
1,000 feet to the 90 degree bend in the unimproved dirt road shown on 
the map, then along that road, which coincides with a fence line to the 
intersection of Conn Creek and Rector Creek;
    (7) Then along Rector Creek to the northeast past Silverado Trail 
to the Rector Reservoir spillway entrance, then south approximately 100 
feet to the 400 foot contour line, then southerly along the 400 foot 
contour line approximately 4200 feet to the intersection with a gully 
in section 30, T7N, R4W, MDM;
    (8) Then southwesterly down the center of the gully approximately 
800 feet to the medium duty road known as Silverado Trail, then 
southeasterly along the Silverado Trail approximately 590 feet to the 
medium duty road known locally as Yountville Cross Road;
    (9) Then southwesterly along the Yountville Cross Road (denoted as 
GRANT BDY on the map) approximately 4,700 feet to the main branch of 
the Napa River, then following the western boundary of the Stags Leap 
District viticultural area, first southerly down the center of the Napa 
River approximately 21,000 feet, then leaving the Napa River 
northeasterly in a straight line approximately 900 feet to the 
intersection of the Silverado Trail with an intermittent stream at the 
60 foot contour line in T6N, R4W, MDM;
    (10) Then along the Silverado Trail southerly approximately 3,200 
feet, passing into the Napa quadrangle, to a point which is east of the 
confluence of Dry Creek with the Napa River; then west approximately 
600 feet to said confluence; then northwesterly along Dry Creek 
approximately 3,500 feet, passing into the Yountville quadrangle to a 
fork in the creek; then northwesterly along the north fork of Dry Creek 
approximately 5,700 feet to the easterly end of the light duty road 
labeled Ragatz Lane;
    (11) Then southwesterly along Ragatz Lane to the west side of State 
Highway 29, then southerly along Highway 29 by 982 feet to the easterly 
extension of the north line boundary of Napa County Assessor's parcel 
number 034-170-015, then along the north line of APN 034-170-015 and 
its extension westerly 3,550 feet to the dividing line Between R4W and 
R5W on the Napa quadrangle, then southwesterly approximately 1000 feet 
to the peak denoted as 564 (which is about 5,500 feet easterly of the 
northwest corner of the Napa quadrangle); then southwesterly 
approximately 4,000 feet to the peak northeast of the reservoir gauging 
station denoted as 835.
    (12) Then southwesterly approximately 1,500 feet to the reservoir

[[Page 45430]]

gauging station, then west to the 400 foot contour line on the west 
side of Dry Creek, then northwesterly along the 400 foot contour line 
to the point where the contour intersects the north line of Section 10. 
T6N, R5W, MDM, immediately adjacent to Dry Creek on the Rutherford, CA 
map;
    (13) Then northwesterly along Dry Creek approximately 6,500 feet to 
BM503, then northeasterly approximately 3,000 feet to the peak denoted 
as 1478, then southeasterly approximately 2,300 feet to the beginning 
of the creek known locally as Hopper Creek, then southeasterly along 
Hopper Creek approximately 2,300 feet to the point of beginning.

    Signed: August 19, 1998.
John W. Magaw,
Director.
[FR Doc. 98-22875 Filed 8-25-98; 8:45 am]
BILLING CODE 4810-31-U