[Federal Register Volume 67, Number 245 (Friday, December 20, 2002)]
[Rules and Regulations]
[Pages 77922-77924]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31940]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[T.D. ATF-486; Re: Notice No. 948]
RIN 1512-AC71


Capay Valley Viticultural Area (99R-449P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms, Treasury.

ACTION: Treasury decision, final rule.

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SUMMARY: This Treasury decision establishes the Capay Valley 
viticultural area in northwest Yolo County, California. The Capay 
Valley viticultural area covers approximately 150 square miles or about 
102,400 acres. Approximately 25 acres are currently planted to wine 
grapes.

EFFECTIVE DATE: February 18, 2003.

FOR FURTHER INFORMATION CONTACT: Kristy Col[oacute]n, Regulations 
Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts 
Avenue, NW., Washington, DC 20226; telephone 202-927-8210.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

What Is ATF's Authority To Establish a Viticultural Area?

    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.

What Is the Definition of an American Viticultural Area?

    Section 4.25(e)(1), title 27 CFR, defines an American viticultural 
area as a delimited grape-growing region distinguishable by 
geographical features. Viticultural features such as soil, climate, 
elevation, and topography distinguish it from surrounding areas.

What Is Required To Establish a Viticultural Area?

    Section 4.25a(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 must include:
    [sbull] Evidence that the name of the proposed viticultural area is 
locally and/or nationally known as referring to the area specified in 
the petition;
    [sbull] Historical or current evidence that the boundaries of the 
viticultural area are as specified in the petition;
    [sbull] Evidence relating to the geographical features (climate, 
soil, elevation, physical features, etc.) which distinguish the 
viticultural features of the proposed area from surrounding areas;
    [sbull] A description of the specific boundaries of the 
viticultural area, based on features which can be found on United 
States GeologicalSurvey (U.S.G.S.) maps of the largest applicable 
scale; and
    [sbull] A copy of the appropriate U.S.G.S. map(s) with the 
boundaries prominently marked.

Rulemaking Proceeding

Capay Valley Petition

    ATF received a petition from Tom Frederick and Pam Welch of Capay 
Valley Vineyards proposing to establish the ``Capay Valley'' 
viticultural area in northwestern Yolo County, California. The valley 
has several wine grape growers, including one who recently received 
awards for his wines. This viticultural area covers approximately 150 
square miles, or about 102,400 acres. Approximately 25 acres are 
currently planted to wine grapes.

[[Page 77923]]

Notice of Proposed Rulemaking

    ATF published a notice of proposed rulemaking regarding the Capay 
Valley viticultural area in the July 25, 2002, Federal Register as 
Notice No. 948 (67 FR 48597). In that notice, ATF requested comments by 
September 23, 2002, from all interested persons concerning the 
establishment of this viticultural area. ATF received no comments in 
response to Notice No. 948.

What Name Evidence Has Been Provided?

    The petitioners submitted as evidence an excerpt from the book 
``Capay Valley: The Land & The People,'' by Ada Merhoff. The excerpt 
states that the name ``Capay Valley'' was used in the late 1840s to 
identify the area when Pio Pico, governor of the territory of Alta 
California, granted nine square leagues of land called the Rancho 
Canada de Capay to three Berryessa brothers. The book also contains a 
copy of an 1857 map of the valley, titled ``Map of the Rancho Canada De 
Capay.'' A copy of a map titled ``Property Owners 1858 Canada de Capay 
Grant'' on page 6 of the book shows further subdivisions as lands were 
sold.
    In addition, Merhoff's book mentions the Adobe Ranch, a 19th 
century Capay Valley ranch owned by John Gillig, which also contained a 
vineyard and winery. Merhoff references other works that also mention 
Gillig's ranch. ``The Western Shore Gazeteer & Commercial Directory for 
the State of California--Yolo County'' by C.P. Sprague and H.W. Atwell 
states that, in 1869, the Capay Valley Winery at Gillig's ranch 
processed grapes from his and several other small vineyards in the 
vicinity, yielding 30,000 gallons of wine in both red and white 
varieties. Frank T. Gilbert's ``The Illustrated Atlas and History of 
Yolo County,'' published in 1879, notes that Gillig's vineyard was 
``awarded the premium in 1861 for having the finest vineyard in the 
state.'' Merhoff's book also states that the word ``Capay'' comes from 
the Wintun Indian's word ``capi'', which means ``stream'' in their 
Native American language.

What Boundary Evidence Has Been Provided?

    The ``Capay Valley'' viticultural area is located in northwest Yolo 
County, California, and borders Napa, Lake, and Colusa Counties. The 
boundaries of the viticultural area follow the natural physical 
boundaries of the valley, which are formed by the Blue Ridge Mountains 
to the west and the Capay Hills to the east. Additionally, Cache Creek 
runs the entire length of the valley. These boundaries also coincide 
with those of the Capay Valley General Plan, which is a subset of the 
Yolo County General Plan.
    In addition to the required U.S.G.S. map, the petitioner provided a 
set of maps of Yolo County compiled in 1970 as part of a soil survey by 
the United States Department of Agriculture's Soil Conservation Service 
and the University of California Agricultural Experiment Station. These 
maps show in further detail the boundaries of the viticultural area.

What Evidence Relating to Geographical Features Has Been Provided?

Soils
    The petitioners assert that the soils of the Capay Valley 
viticultural area range from Yolo-Brentwood, which is a well-drained, 
nearly level, silty clay loam on alluvial fans, to Dibble-Millsholm, 
which is a well drained, steep to very steep loam to silty clay loam 
over sandstone.
    Some areas have clay soils with creek rock and debris intermixed. 
Volcanic ash is also found in some areas, primarily in the rolling 
hills in the center of the valley. The petitioners contend that these 
clay soils intermixed with creek rock and volcanic ash, add a 
distinctive viticultural aspect to the area.
    The petitioners state that one of the major soil differences 
between Capay Valley and the adjacent Central Valley area is the 
abundance of calcareous soils. This supply of calcium makes the clay 
soils of the Capay Valley less binding and allows grapevine roots to 
penetrate through the soils more easily. Water usage is therefore less 
than would be expected given the warm climatic conditions. The calcium-
magnesium ratio in the soils is easier to manage because it is easier 
to add magnesium than calcium.
Elevation
    The petitioners note that the elevation of the Capay Valley 
viticultural area ranges from 100 meters on the valley floor, to 750 
meters at the top of the Blue Ridge, and 550 meters at the top of the 
Capay Hills.
Climate
    The petitioners characterize the climate of the viticultural area 
as one with hot, dry summers and a long growing season. Portions of the 
valley receive moderating breezes from the Sacramento Delta and San 
Francisco Bay. Fog creeps over the tops of the Blue Ridge during heavy 
fog periods in the bay, but the valley is shielded from the ground fog 
that is pervasive in the Sacramento Valley. Winters are moderate and 
late spring frosts are occasional enough to negate the need for active 
frost protection.
    Also, the petitioners state that Capay Valley is warmer than Napa 
Valley to the west. This warmer climate enables the Capay Valley to 
avoid the frost problems that are common in Napa, offers an earlier 
growing season, typically 3 to 4 weeks, and reduces the need for as 
many sulfur sprays throughout the growing season.
    Additionally, the petitioners note, the area differs from its 
Central Valley neighbors to the east in that, while they share a warmer 
climate, Capay Valley's bud-break is typically 1-2 weeks later.

Regulatory Analyses and Notices

Is This a Significant Regulatory Action as Defined by Executive Order 
12866?

    It has been determined that this regulation is not a significant 
regulatory action as defined by Executive Order 12866. Therefore, a 
regulatory assessment is not required.

How Does the Regulatory Flexibility Act Apply to This Proposed Rule?

    This regulation will not have a significant economic impact on a 
substantial number of small entities. No new requirements are proposed. 
The establishment of a viticultural area is neither an endorsement nor 
approval by ATF of the quality of wine produced in the area. The 
approval of this viticultural area petition 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 a 
proprietor's own efforts and consumer acceptance of wines from that 
area. Accordingly, a regulatory flexibility analysis is not required.

Does the Paperwork Reduction Act Apply to This Proposed Rule?

    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 rule 
because no requirement to collect information is imposed.

Drafting Information

    The principal author of this document is Kristy Col[oacute]n, 
Regulations Division, Bureau of Alcohol, Tobacco and Firearms.

List of Subjects in 27 CFR Part 9

    Administrative practice and procedure, Alcohol and alcoholic

[[Page 77924]]

beverages, Consumer protection, 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

    1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

    2. Subpart C is amended by adding Sec.  9.176 to read as follows:


Sec.  9.176  Capay Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Capay Valley''.
    (b) Approved Maps. The appropriate map for determining the boundary 
of the Capay Valley viticultural area is the United States Geological 
Survey (U.S.G.S.) topographic map titled: 30X60 Minute Quadrangle 
(Healdsburg, California 1972) (Scale: 1:100,000).
    (c) Boundaries. The Capay Valley viticultural area is located in 
Yolo County, California. The beginning point is the junction of the 
Yolo, Napa, and Lake County lines.
    (1) From the beginning point, proceed north then east along the 
Yolo-Lake County line;
    (2) At the junction of the Yolo, Lake, and Colusa County lines, 
continue east along the Yolo-Colusa County line to its junction with 
the boundary between ranges R4W and R3W;
    (3) Then south along the R4W and R3W boundary to its junction with 
the 250 meter contour line;
    (4) Proceed generally southeast along the meandering 250 meter 
contour line to its junction with the T10N-T11N section line;
    (5) Continue east along the T10N-T11N section line to the unnamed 
north-south secondary highway known locally as County Road 85;
    (6) Then south along County Road 85, crossing Cache Creek, to its 
intersection with State Highway 16;
    (7) Proceed east on Highway 16 to its junction with the unnamed 
north-south light duty road known locally as County Road 85B;
    (8) Then south on County Road 85B to its junction with the unnamed 
east-west light duty road known locally as County Road 23;
    (9) Proceed west on County Road 23 for approximately 500 feet to an 
unnamed light duty road known locally as County Road 85;
    (10) Proceed south on County Road 85 until the road ends and 
continue south in a straight line to the T9N-T10N section line;
    (11) Then west on the T9N-T10N section line to the Napa-Yolo County 
line;
    (12) Continue northwest following the Napa-Yolo county line and 
return to the starting point.

    Dated: October 24, 2002.
Bradley A. Buckles,
Director.

    Approved: November 14, 2002.
Timothy E. Skud,
Deputy Assistant Secretary (Regulatory, Tariff & Trade Enforcement).
[FR Doc. 02-31940 Filed 12-19-02; 8:45 am]
BILLING CODE 4810-31-P