[Federal Register Volume 67, Number 131 (Tuesday, July 9, 2002)]
[Proposed Rules]
[Pages 45437-45440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16972]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 947]
RIN: 1512-AC62


Establishment of the Oak Knoll District Viticultural Area (2002R-
046P)

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 is proposing the 
establishment of the ``Oak Knoll District'' viticultural area in Napa 
County, California. This action is in response to a petition submitted 
by the Oak Knoll District Committee.

DATES: Written comments must be received by September 9, 2002.

ADDRESSES: Send written comments to: Chief, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, PO Box 50221, Washington, DC 
20091-0221 (Attn: Notice No. 947). See the ``Public Participation'' 
section of this notice for alternative means of commenting.
    Copies of the petition, the proposed regulation, the appropriate 
maps, and any written comments received will be available for public 
inspection by appointment during normal business hours at the ATF 
Reading Room, Room 6480, 650 Massachusetts Avenue, NW., Washington, DC 
20226; telephone 202-927-7890.

FOR FURTHER INFORMATION CONTACT: Joanne Brady, Specialist, Regulations 
Division (Philadelphia, PA), Bureau of Alcohol, Tobacco and Firearms, 
The Curtis Center, Suite 875, Independence Square West, Philadelphia, 
PA 19106; telephone 215-597-5288 or e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Federal Alcohol Administration Act (FAA Act) at 27 U.S.C. 
205(e) requires that alcohol beverage labels provide the consumer with 
adequate information regarding a product's identity and prohibits the 
use of deceptive information on such labels. The FAA Act also 
authorizes the Bureau of Alcohol, Tobacco and Firearms (ATF) to issue 
regulations to carry out the Act's provisions.
    Regulations in 27 CFR part 4, Labeling and Advertising of Wine, 
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. 
A list of approved viticultural areas is contained in 27 CFR part 9, 
American Viticultural Areas.
    Section 4.25a(e)(1) of 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) 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 
boundaries prominently marked.

Oak Knoll District Petition

    The Bureau of Alcohol, Tobacco and Firearms (ATF) has received a 
petition from the Oak Knoll District Committee proposing a new American 
viticultural area to be called ``Oak Knoll District.'' As part of its 
petition, the Committee also submitted reports from historian Charles 
L. Sullivan and Dr. Deborah L. Elliott-Fisk, a professor at the 
University of California, Davis, in support of its claims.
    The proposed viticultural area is located in the southern end of 
the Napa Valley in Napa County, California. It includes approximately 
9,940 acres, of which 4,040 are plantable to vines. The proposed area 
would abut the Mt. Veeder viticultural area to the west and the 
Yountville viticultural area to the north, and would lie entirely 
within the Napa Valley viticultural area.

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

    According to the Oak Knoll District Committee, the name of the 
proposed viticultural area is based on both present and historical 
evidence. The proposed area is the site of the historic Oak Knoll 
Ranch, which dates from the early days of American settlement in the 
Napa Valley. The petitioner also provided other examples of the use of 
the name ``Oak Knoll District'' or ``Oak Knoll'' within the proposed 
area: the area's former school district was known as the Oak Knoll 
District, a historic train station was called Oak Knoll Station, and 
the Oak Knoll Inn and Oak Knoll Cellars vineyard were established 
within the proposed area.
    According to the report submitted by Mr. Charles L. Sullivan, 
Joseph W. Osborne brought the first fine vinifera varieties to the Napa 
Valley. His ranch, the Oak Knoll Ranch, became famous when it was named 
California's best-cultivated farm by the State Agricultural Society in 
1854 and 1856. Mr. Sullivan also notes that, according to a local 
newspaper's extensive article on the Oak Knoll estate in 1886, it was 
called ``the richest gem in California's golden crown'' and ``one of 
the fairest spots in California's loveliest valley.''
    Mr. Sullivan's report noted that in 1886, the Eshcol Ranch Winery 
was established on what may have been the Oak Knoll Ranch property. The 
petition contends that the purchase of the Eshcol estate by the 
Trefethen family in 1968, and the establishment of Trefethen Vineyards, 
began to transform Oak Knoll into a world-class wine grape growing 
area.
    The petitioner also supplied evidence in the form of articles from 
various publications and trade magazines that make reference to the 
``Oak Knoll District.'' An excerpt from the Lifestyle section of the 
August/September 1999 issue of ``Wine News'' magazine states that the 
Trefethens bought the 600-acre walnut, wheat, grape, and prune ranch in 
the ``Oak Knoll District of Napa'' in 1968.
    An article from the May 1999 ``Inside Napa Valley, a Visitor's 
Guide,'' states that the ``Yountville, Stag's Leap and Oak Knoll 
districts near Yountville contain some of the most renown[ed] wineries 
of Napa Valley.'' An article from the July 16, 1997, Los Angeles Times 
states, ``Trefethen's 600 acres of vines are in the (not yet legally

[[Page 45438]]

designated) Oak Knoll District at the cool southern end of Napa Valley, 
not far from the city of Napa. Over the years, Trefethen's Chardonnays 
have consistently displayed a distinctive Oak Knoll character.'' The 
petition also notes that Oak Knoll Avenue traverses the proposed 
viticultural area from Highway 29 on its western side to the Silverado 
Trail on its eastern side.
    The petitioner has requested the name ``Oak Knoll District'' 
because the petitioner believes it will identify the proposed area more 
clearly. The petitioner also believes it eliminates any possible 
confusion with a winery in Oregon named Oak Knoll. Further, the 
petitioner noted that just as ``District'' is used as part of the Stags 
Leap District and Spring Mountain District viticultural areas within 
the Napa Valley, the full name indicates an area rather than the name 
of an existing winery.

Historical or Current Evidence That the Boundaries of the Proposed 
Viticultural Area Are As Specified in the Application

    In his report, Mr. Sullivan states the northern boundary of the 
proposed Oak Knoll District of Napa Valley is the same as the southern 
boundary of the Yountville viticultural area, and that the Mt. Veeder 
viticultural area boundary line to Redwood Road defines part of its 
western boundary. In her climate and soil report, Professor Deborah L. 
Elliott-Fisk states the proposed southern boundary of the Oak Knoll 
District approximates the southern edge of the Dry Creek alluvial fan. 
She concludes that the most logical west-east line to follow for this 
boundary is Redwood Road, which becomes Trancas Road to the east of 
Highway 29. Professor Elliott-Fisk also states that the proposed area's 
logical eastern boundary is the Silverado Trail.

Evidence Relating to the Geographical Features Which Distinguish 
Viticultural Features of the Proposed Area From Surrounding Areas

Climate
    Professor Elliott-Fisk states that, outside of the Los Carneros 
viticultural area, the proposed Oak Knoll District is one of the 
coolest vineyard regions in the Napa Valley viticultural area, with a 
long, cool growing season for grapevines of approximately eight months.
    According to Professor Elliott-Fisk, the Amerine and Winkler 
classification system rates this area as a Region I to a cool Region II 
climate in any given year. She notes the low degree day totals have 
favored the planting of Chardonnay and, to some extent, Pinot Noir as 
two cooler climate varietals; yet Cabernet Sauvignon and Merlot also do 
exceptionally well with the proper viticultural management.
    Professor Elliott-Fisk also notes that the uniform climate across 
the proposed area is due to the broad, flat valley floor topography. 
Along the western and eastern edges of the proposed area, small pockets 
of an even cooler climate are found in the immediate Napa River 
floodplain and in the small, first-order stream tributaries on the 
lower foothill slopes.
    Professor Elliott-Fisk also states that the proximity of this area 
to San Pablo Bay results in a maritime influence, with cool breezes 
coming off the bay. Coastal fog is also common in the mornings, 
especially in the summer. The region is classified as sub-humid and 
receives approximately 28 to 30 inches of precipitation in a normal 
year. Annual precipitation can reach 60 inches in an abnormally wet 
year.
Soils
    According to the reports and studies cited by Dr. Elliott-Fisk, the 
soils in the proposed Oak Knoll District are ``more uniform than in 
other approved Napa Valley viticultural areas, due principally to the 
dominance of the large Dry Creek alluvial fan.'' Dr. Elliott-Fisk notes 
that across the large Dry Creek fan, soils include the fine, gravelly 
clay loam, silt loam, and loam soils. Dr. Elliott-Fisk states in her 
report that the proposed southern boundary approximates the southern 
edge of the Dry Creek alluvial fan. Alluvial deposits from Dry Creek 
and the Napa River have largely buried the Diablo clays and Haire clay 
loams within the proposed Oak Knoll District of Napa Valley 
viticultural area. This contrasts with the area to the south of the 
proposed viticultural area, Napa City and Los Carneros, where Diablo 
and Haire soils are common at the surface, as are Yolo and Clear Lake 
clay soils. The Yolo soils are less well drained, with higher 
percentages of organic matter, both of which promote vine vigor.
    The bedrock, seen in the hillsides along the western edge of the 
proposed Oak Knoll District, is diverse and primarily volcanic in 
origin. The West Napa Fault Zone runs along the base of these hills. 
Serpentine, sandstone, and shale are occasionally found on the 
hillsides. Towards the toeslope, unusual clay-rich soils are found in 
many colors, including green, red, yellow, gray and black.

Proposed Boundaries

    According to the petitioner, two United States Geological Survey 
Quadrangle maps (7.5 Minute Series) show the boundaries of the proposed 
Oak Knoll District viticultural area. The list of maps and the area's 
proposed boundaries are described in the text of the proposed rule 
shown below.

Public Participation

Comments Sought

    ATF requests comments from all interested persons. ATF is 
particularly interested in comments concerning the appropriateness of 
the name ``Oak Knoll District'' for this proposed viticultural 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. 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.

Submitting Comments

    By mail: Written comments should be mailed to ATF at the address 
listed in the ADDRESSES section above.
    By fax: Comments may be submitted by facsimile transmission to 215-
597-7003, 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 public 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.
    By e-mail: Comments may be submitted by e-mail to nprm@atfhq/
treas.gov. E-mail comments must:
    (1) Contain your name, mailing address, and e-mail address;
    (2) Reference this notice number; and
    (3) Be legible when printed.
    We will not acknowledge the receipt of e-mail. We will treat 
comments submitted by e-mail as originals.
    By on-line form: Comments may also be submitted using the comment 
form provided with the online copy of this

[[Page 45439]]

proposed rule on the ATF Internet web site at http://www.atf.treas.gov.
    Public Hearing: 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 reserves the right to determine, however, in light 
of all circumstances, whether a public hearing will be held.

Reviewing Comments

    Copies of the petition, the proposed regulation, the appropriate 
maps, and any written comments received will be available for public 
inspection by appointment at the ATF Reading Room, Room 6480, 650 
Massachusetts Avenue, NW., Washington, DC 20226. For an appointment, 
call 202-927-7890. To obtain copies of the comments (at 20 cents per 
page), contact the ATF librarian in writing at the address above.
    For the convenience of the public, ATF will post comments received 
in response to this notice on the ATF web site. All comments posted on 
our web site will show the name of the commenter, but will have street 
addresses, telephone numbers and e-mail addresses removed. We may also 
omit voluminous attachments or material that we do not consider 
suitable for posting. In all cases, the full comment will be available 
in the library or through FOIA requests, as noted above. To access 
online copies of the comments on this rulemaking, visit http://www.atf.treas.gov/, select ``Regulations,'' this notice, and then click 
on the ``view comments'' link.

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

    ATF certifies 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

    ATF has 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 Joanne Brady, Regulations 
Division (Philadelphia), 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. Subpart C is amended by adding Sec. 9.161 to read as 
follows:

Subpart C--Approved American Viticultural Areas


Sec. 9.161  Oak Knoll District

    (a) Name. The name of the viticultural area described in this 
section is ``Oak Knoll District''.
    (b) Approved maps. The appropriate maps for determining the 
boundary of the Oak Knoll District viticultural area are the following 
United States Geological Survey Quadrangle maps (7.5 Minute Series):
    (1) Napa, California, 1951 (Photo revised 1980); and
    (2) Yountville, California, 1951 (Photo revised 1968).
    (c) Boundaries. The Oak Knoll District viticultural area is located 
entirely within Napa County, California. The boundaries of the Oak 
Knoll District viticultural area, using landmarks and points of 
reference found on the appropriate U.S.G.S. maps, are as follows:
    (1) Beginning at the intersection of State Highway 29 and Trancas 
Road in the city of Napa on the Napa, CA quadrangle map;
    (2) Proceed easterly along Trancas Road until it meets the Napa 
River;
    (3) Proceed southerly along the Napa River approximately 3,500 feet 
to its confluence with Milliken Creek;
    (4) Continue northerly up Milliken Creek to its intersection with 
Monticello Road;
    (5) Then proceed westerly along Monticello Road to its intersection 
with Silverado Trail;
    (6) Then proceed northerly and then northeasterly along Silverado 
Trail to its intersection with an unimproved dirt road located 
approximately 1,300 feet north of the intersection of Silverado Trail 
and Oak Knoll Avenue;
    (7) From that point, proceed west in a straight line to the 
confluence of Dry Creek and the Napa River;
    (8) Then proceed northwesterly along Dry Creek onto the Yountville 
map to the fork in the creek; then northwesterly along the north fork 
of Dry Creek to its intersection with the easterly end of the light-
duty road labeled Ragatz Lane;
    (9) Proceed southwesterly along Ragatz Lane to the west side of 
State Highway 29;
    (10) Then proceed southerly along the west side of State Highway 29 
for 982 feet to a point marking the easterly extension of the northern 
boundary of Napa County Assessor's parcel number 034-170-015 (marked in 
part by a fence along the southern edge of the orchard shown along the 
west side of State Highway 29 just above the bottom of the Yountville 
map);
    (11) Then proceed westerly for 3,550 feet along the northern 
boundary of Napa County Assessor's parcel number 034-170-015 and its 
westerly extension to the dividing line between Range 5 West and Range 
4 West on the Napa, CA map;
    (12) Then proceed southwest in a straight line to the peak marked 
with an elevation of 564 feet; then south-southwest in a straight line 
to the peak marked with an elevation of 835 feet;
    (13) Then proceed southwest in a straight line approximately 1,300 
feet to the reservoir gauging station located on Dry Creek; then 
proceed west in a straight line across Dry Creek to the 400 foot 
contour line;
    (14) Proceed along the 400-foot contour line in a generally 
southeasterly direction to its intersection with the line dividing 
Range 5 West and Range 4 West; then proceed south along that dividing 
line approximately 2,400 feet to the center of Redwood Road;
    (15) Then proceed southerly and then easterly along Redwood Road to 
the point of beginning at Highway 29.


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    Signed: May 17, 2002.
Bradley A. Buckles,
Director.
[FR Doc. 02-16972 Filed 7-8-02; 8:45 am]
BILLING CODE 4810-31-P