[Federal Register Volume 67, Number 203 (Monday, October 21, 2002)]
[Proposed Rules]
[Pages 64573-64575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26677]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 958]
RIN 1512-AC77


Temecula Viticultural Area Name Change (2001R-280P)

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 proposing to rename the ``Temecula'' viticultural area as 
the ``Temecula Valley'' viticultural area. The size and boundaries of 
the Temecula viticultural area would remain unchanged.

DATES: Comments must be received by December 20, 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. 958). Copies of the petition, the proposed 
regulations, and any written comments received will be available for 
public inspection by appointment at the ATF Reference Library, Room 
6480, 650 Massachusetts Avenue, NW., Washington, DC 20226. See the 
Public Participation section of this notice for alternative means of 
commenting.

FOR FURTHER INFORMATION CONTACT: Nancy Sutton, Specialist, Regulations 
Division (San Francisco, California), Bureau of Alcohol, Tobacco and 
Firearms, 221 Main Street, 11th Floor, San Francisco, CA (415) 947-
5192.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

    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 while prohibiting 
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), 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 or 
amending an American viticultural area. Any interested person may 
petition ATF to establish a grape-growing region as a viticultural area 
or modify an existing area. A petition for a new area 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.
    A petition requesting the modification of an established 
viticultural area should include information, evidence, and maps 
appropriate to support the requested change(s).

Temecula Viticultural Area

    ATF established the Temecula viticultural area (27 CFR 9.50) in 
Treasury Decision ATF-188, which was published in the Federal Register 
on October 23, 1984 (See 49 FR 42563). Located in southern California, 
the 33,000-acre Temecula viticultural area is in southwestern Riverside 
County in the Temecula Basin. The viticultural

[[Page 64574]]

area covers the southern portion of the former Vail Ranch, and its 
outer boundaries generally follow those of the historical Santa Rosa, 
Temecula, Little Temecula, and Pauba land grants.
    Treasury Decision ATF-188 stated that the name ``Temecula'' was 
derived from the Luiseno Indian word ``Temeku,'' which means ``a place 
where the sun breaks through the white mist.'' The original Temecula 
petition stated that this description applied to the entire 
viticultural area, which is in a valley characterized by bright sun and 
misty marine air that flows inland from the Pacific Ocean. The 1984 
decision noted that it is this marine air, which enters the Temecula 
Valley through gaps in the Santa Ana Mountains, that allows grape 
growing in this area.

Temecula Valley Petition

    The Temecula Valley Winegrowers Association has submitted a 
petition to ATF requesting that the Temecula viticultural area's name 
be changed to ``Temecula Valley.'' The petitioners believe this name 
change will provide a more accurate description of the Temecula area's 
geography and provide greater clarity as to the area's location for 
wine consumers and the public. This proposed name change does not 
affect the boundaries of the established Temecula viticultural area.
    When the Temecula viticultural area was originally petitioned 
twenty years ago, the Association's petition states, the area was 
largely rural and agricultural. The small, unincorporated village of 
Temecula was located near the middle of the area's southern boundary. 
This village is now an incorporated city, larger in size, with a 
growing population. According to the petitioners, the city of 
Temecula's growth has accentuated the differences between the city and 
the surrounding agricultural region known as the Temecula Valley.
    The current petition states that when the Temecula viticultural 
area was petitioned 20 years ago, the terms ``Temecula'' and ``Temecula 
Valley'' were used interchangeably. The petition cites evidence from 
Tom Hudson's book ``A Thousand Years in the Temecula Valley'' (Temecula 
Valley Chamber of Commerce, 1981), including its many uses of the term 
``Temecula Valley,'' in support of this position. The original Temecula 
petition and the 1984 Treasury Decision also cited this work. The 
current petition also cites the local telephone directory, which shows 
that numerous businesses and agencies use the name ``Temecula Valley'' 
in conjunction with their operating name. The 1984 Treasury Decision 
additionally noted the planned establishment of the new Temecula Valley 
High School within the viticultural area's boundaries.
    The Temecula Valley Winegrowers Association petition also comments 
on the importance of the word ``valley'' in relation to the Temecula 
area by noting that the Association itself is a merger of the Temecula 
Valley Vintners Association and the Temecula Winegrape Growers 
Association. In addition, the petition cites the use of ``Napa'' and 
``Napa Valley'' as an example of how the differences between a city 
(Napa) and the surrounding agricultural area (Napa Valley) are 
recognized in a viticultural area name. The petition states, ``To 
continue to mandate the term ``Temecula'' is to honor a loose and ill-
defined use of the term.''
    The current petition also cited a letter from Mr. Gary McMillan, 
one of the original Temecula viticultural area petitioners, supporting 
the name change. Mr. McMillan sent his letter directly to ATF, and a 
copy of was included with the Association's petition. According to his 
letter, Mr. McMillan recalls that the original Temecula petitioners 
desired to use a true, historical name for their proposed viticultural 
area and not the more recent commercial name of ``Rancho California,'' 
which was originally favored by some growers in the area. In his 
letter, Mr. McMillan agrees with the Association's contention that the 
names Temecula and Temecula Valley were often used interchangeably at 
the time of the original petition.

Public Participation

Comments Sought

    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 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 U.S. Mail: Written comments may be mailed to ATF at the address 
listed in the ADDRESSES section above.
    By Fax: Comments may be submitted by facsimile transmission to 
(202) 927-8525, provided the comments: (1) Are legible; (2) are 8\1/
2\'' x 11'' in size; (3) contain a written signature; and (4) are five 
pages or less in length. This limitation is necessary to assure 
reasonable access to the equipment. Comments sent by fax in excess of 
five 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 on 8\1/2\ x 11 inch size paper. We will not 
acknowledge the receipt of e-mail. We will treat comments submitted by 
e-mail as originals.
    Comments may also be submitted using the comment form provided with 
the online copy of this proposed rule on the ATF Internet Web site at 
http://www.atf.treas.gov/alcohol/rules/index.htm.
    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, however, reserves the right to determine, in 
light of all circumstances, whether a public hearing will be held.

Reviewing Comments

    You may view copies of the full comments in response to this notice 
of proposed rulemaking by appointment at the ATF Reference Library, 
Room 6480, 650 Massachusetts Avenue, NW., Washington, DC 20226, 
telephone 202-927-7890. You may request paper copies of the full 
comments (at 20 cents per page) by writing to the ATF Reference 
Librarian at the address shown above.
    For the convenience of the public, ATF will post copies of the 
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 ATF library as noted above. To access online

[[Page 64575]]

copies of the comments on this rulemaking, visit http://www.atf.treas.gov/, and select ``Regulations,'' then ``Notices of 
Proposed Rulemaking (Alcohol),'' and then this notice. 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

    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

    ATF 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

    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. Section 9.50 is amended by revising paragraph (a) and the 
introductory text of paragraphs (b) and (c) to read as follows:


Sec.  9.50  Temecula Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Temecula Valley.''
    (b) Approved map. The approved maps for determining the boundary of 
the Temecula Valley viticultural area are seven U.S.G.S. quadrangle 
maps in the 7.5 minute series, as follows:
* * * * *
    (c) Boundary. The Temecula Valley viticultural area is located in 
Riverside County, California. The boundary is as follows:
* * * * *

    Signed: September 26, 2002.
Bradley A. Buckles,
Director.
[FR Doc. 02-26677 Filed 10-18-02; 8:45 am]
BILLING CODE 4810-31-P