[Federal Register Volume 66, Number 24 (Monday, February 5, 2001)]
[Proposed Rules]
[Pages 8925-8926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2962]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 910]
RIN 1512-AA07


Realignment of the Alexander Valley and Dry Creek Valley 
Viticultural Areas (2000R-298P)

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) has received 
a petition proposing the revision and realignment of a boundary line 
between the Alexander Valley (27 CFR 9.53) and the Dry Creek Valley (27 
CFR 9.64) viticultural areas, located in northern Sonoma County, 
California. The petition proposes realigning approximately 410 acres, 
of which 50 acres are planted with grapes, from the Dry Creek Valley 
area to the Alexander Valley area.

DATES: Written comments must be received by April 6, 2001.

ADDRESSES: Send written comments to: Chief, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, PO Box 50221, Washington, DC 
20091-0221 (Attn: Notice No. 910). Copies of the petition, the proposed 
regulations, the appropriate maps, and any written comments received 
will be available for public inspection during normal business hours at 
the ATF Reading Room, Office of Public Affairs and Disclosure, room 
6480, 650 Massachusetts Avenue, NW, Washington, DC 20226. Submit e-mail 
comments to: [email protected]. E-mail comments must contain 
your name, mailing address, and e-mail address. They must also 
reference this notice number and be legible when printed on not more 
than three pages 8\1/2\"  x  11" in size. We will treat e-mail as 
originals and we will not acknowledge receipt of e-mail. See Public 
Participation section of this notice for alternative means of 
commenting.

FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Specialist, Regulations 
Division (San Francisco, CA), Bureau of Alcohol, Tobacco and Firearms, 
221 Main Street, 11th Floor, San Francisco, CA (415) 744-7011.

SUPPLEMENTARY INFORMATION:

Background

    With the issuance of T.D. ATF-187 on October 24, 1984, and T.D. 
ATF-129 on April 15, 1983, ATF formalized, respectively, the 
establishment of the Alexander Valley and Dry Creek Valley viticultural 
areas in Sonoma County, CA. The Alexander Valley viticultural area, 
T.D.-187, has been amended by T.D. ATF-233, August 26, 1986, T.D. ATF-
272, May 13, 1988, and T.D. ATF-300, August 9, 1990.

Petition

    The Bureau of Alcohol, Tobacco and Firearms (ATF) has received a 
petition from E. & J. Gallo Winery proposing the revision and 
realignment of a congruent boundary line between the Alexander Valley 
and the Dry Creek Valley viticultural areas, located in northern Sonoma 
County, California. The petition proposes realigning approximately 410 
acres from the Dry Creek Valley area to the Alexander Valley area. The 
original petitions incorporated U.S.G.S. mapping section lines to 
define the boundary in this area. The petitioner uses geographic and 
climatic features to define the proposed line between these two areas.

Proposed Amendment to Boundaries

    The petitioner believes that a small section of the boundary 
between the established Alexander Valley viticultural area, 27 CFR 
9.53, and Dry Creek Valley viticultural area, 27 CFR 9.64, should be 
modified. The petition states this boundary portion currently ignores 
distinctive geographic features, climatic differences and divides 
several vineyards.
    The original boundary line in sections 4 and 5 of T.10 N., R.10 W. 
of the U.S.G.S. map, Geyserville Quadrangle of 1955, was defined 
primarily by the mapping section lines. According to the petitioner, at 
the time this boundary line was petitioned and approved, in 1983 for 
Dry Creek Valley and 1984 for Alexander Valley, there were no vineyards 
along this boundary section.
    The petitioner provides a U.S.G.S. topographic map as evidence of a 
significant ridgeline along the proposed boundary line. This ridgeline 
is a watershed dividing point between the Dry Creek Valley and 
Alexander Valley viticultural areas. Currently both the Dutcher Creek 
and Gill Creek watersheds are in the Dry Creek Valley area but drain 
into different viticultural areas. The Gill Creek watershed, to the 
east of the ridgeline, drains east and crosses the boundary line into 
the Alexander Valley area. The Dutcher Creek Planning Watershed, to the 
west of the ridgeline, drains into Dry Creek,

[[Page 8926]]

staying in the Dry Creek Valley area. The proposed realignment would 
put the Gill Creek watershed into the Alexander Valley area, where it 
drains, and would keep the Dutcher Creek watershed within the Dry Creek 
Valley area.
    The petitioner has provided a chart of growing degree days for five 
vineyards in the Dry Creek Valley and Alexander Valley areas. This 
chart indicates the Dry Creek Valley area is generally cooler than 
sites in the Alexander Valley area. The climate of the proposed 
realignment area more closely reflects the warmer Alexander Valley than 
the cooler Dry Creek Valley.

Proposed Boundary Realignment

    The Alexander Valley and Dry Creek Valley viticultural areas are 
located in northern Sonoma County, California. The proposed realignment 
involves changing 410 acres, of which 50 acres are planted with grapes, 
from the Dry Creek Valley to the Alexander Valley viticultural area 
designation. The USGS map used for the proposed boundary realignment of 
the Alexander Valley and Dry Creek Valley areas is the Geyserville 
Quadrangle, California--Sonoma Co., 7.5 Minute Series, edition of 1955.

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 that 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. 
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 area.
    No new requirements are proposed. Accordingly, a regulatory 
flexibility analysis is not required.

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 N. A. Sutton, Regulations 
Division (San Francisco), 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.

    Par. 2. Section 9.53 is amended by revising paragraph (c)(6), 
removing paragraph (c)(7), and redesignating paragraphs (c)(8) through 
(c)(44) as (c)(7) through (c)(43) to read as follows:


Sec. 9.53  Alexander Valley

* * * * *
    (a) Boundaries. * * *
    (6) Then southeasterly in a straight line approximately 11,000 feet 
(closely following the ridge line) to the northwest corner of Section 
10, T. 10 N., R.10 W. on the Geyserville Quadrangle map;
* * * * *
    Par. 3. Section 9.64 is amended by revising paragraphs (c) 
introductory text and (c)(1) to read as follows:


Sec. 9.64  Dry Creek Valley

* * * * *
    (c) Boundaries. The Dry Creek Valley viticultural area is located 
in north central Sonoma County, California. From the beginning point 
lying at the intersection of latitude line 38 degrees 45 minutes and 
the northwest corner of Section 5, T. 10 N., R. 10 W. on the 
``Geyserville Quadrangle'' map, the boundary runs--
    (1) Southeasterly in a straight line approximately 11,000 feet 
(closely following the ridge line) to the northeast corner of Section 
9, T. 10 N., R. 10 W.;
* * * * *

    Signed: January 29, 2001.
Bradley A. Buckles,
Director.
[FR Doc. 01-2962 Filed 2-2-01; 8:45 am]
BILLING CODE 4810-31-P