[Federal Register Volume 68, Number 5 (Wednesday, January 8, 2003)]
[Proposed Rules]
[Pages 1020-1023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-286]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 965; 2002R-421P]
RIN 1512-AD05


Proposed Expansion of the Russian River Valley Viticultural Area

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Treasury.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: ATF has received a petition proposing the expansion of the 
Russian River Valley viticultural area in Sonoma County, California. 
The petitioned 767-acre expansion lies on the eastern boundary of the 
Russian River Valley viticultural area, which is entirely within the 
Sonoma Coast and North Coast viticultural areas of northern California. 
We propose this action under the authority of the Federal Alcohol 
Administration Act. We invite comments on this proposal.

[[Page 1021]]


DATES: We must receive written comments by March 10, 2003.

ADDRESSES: You may send comments to any of the following addresses:
    [sbull] Chief, Regulations Division, Bureau of Alcohol, Tobacco and 
Firearms, P.O. Box 50221, Washington, DC 20091-0221 (Attn: Notice No. 
965);
    [sbull] 202-927-8525 (Facsimile);
    [sbull] [email protected] (E-mail);
    [sbull] http://www.atf.treas.gov (An online comment form is 
available with this notice).
    See the ``Public Participation'' section of this notice for 
specific requirements, as well as for information on how to request a 
public hearing.

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 94105-1906; telephone 
(415) 271-1254.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

Authority

    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 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 and the use of 
their names as appellations of origin on wine labels and in wine 
advertisements. Title 27 CFR part 9, American Viticultural Areas, 
contains the list of approved viticultural areas.

Definition

    Title 27 CFR 4.25a(e)(1) defines an American viticultural area as a 
delimited grape-growing region distinguishable by geographic features 
whose boundaries have been delineated in subpart C of part 9.

Requirements

    Section 4.25a(e)(2) outlines the procedure for proposing an 
American viticultural area. Anyone interested may petition ATF to 
establish a grape-growing region as a viticultural area. The petition 
should include:
    [sbull] Evidence of local and/or national name recognition of the 
proposed viticultural area as the area specified in the petition;
    [sbull] Historical or current evidence that the boundaries of the 
proposed viticultural area are as specified in the petition;
    [sbull] Evidence of geographical characteristics, such as climate, 
soil, elevation, physical features, etc., that distinguish the proposed 
area from surrounding areas;
    [sbull] A description of the specific boundaries of the 
viticultural area, based on features found on maps of the largest 
applicable scale that are approved by the United States Geological 
Survey (USGS); and
    [sbull] A copy or copies of the appropriate USGS-approved map(s) 
with the boundaries prominently marked.
    Additionally, for a wine to use the name of a viticultural area as 
an appellation of origin, 85 percent of the grapes in the wine must be 
grown within the viticultural area.

Expansion Petition

    The Bureau of Alcohol, Tobacco and Firearms (ATF) has received a 
petition from Donald L. Carano of the Ferrari-Carano Vineyards and 
Winery in Healdsburg, California, proposing a 767-acre expansion of the 
established 96,000-acre Russian River Valley viticultural area (See 27 
CFR 9.66). This proposed expansion would result in less than a one 
percent increase in the established area's size. The petitioner states 
that approximately 365 of the proposed expansion's 767 acres are 
currently planted to grapes.
    Located approximately 55 miles north of San Francisco, the proposed 
expansion fits into a 90[deg] angle in the current Russian River Valley 
viticultural area's eastern boundary at the village of Fulton, which is 
just northwest of the city of Santa Rosa in Sonoma County, California. 
The proposed expansion is bordered by Fulton Road on the west, River 
Road on the north, U.S. Highway 101 on the east, and two locally known 
streets, Dennis Lane and Francisco Avenue, to the south.
    The petitioner states that the proposed expansion has the same 
climate and other characteristics of the current Russian River Valley 
viticultural area, and, therefore, the proposed expansion meets the 
criteria for inclusion in the established viticultural area. The 
petitioner also notes that, in the past, some winegrape growers in the 
proposed expansion area have erroneously believed their vineyards to be 
within the boundaries of the Russian River Valley viticultural area.

Name Evidence

    The petitioner provided evidence that the proposed expansion area, 
adjacent to the established area's boundaries, is also referred to as 
the Russian River Valley viticultural area. A Wine Country Living 
magazine map of viticultural areas, dated July 2002, shows the proposed 
expansion area as being within the established Russian River Valley 
viticultural area's borders. A June 2002 Wine Spectator Online article 
states that the Vintners Inn hotel is in the Russian River Valley 
viticultural area, although it is actually in the proposed expansion. 
The Russian River Wine Road web site (1998-2002) also locates the 
Vintners Inn, as well as Siduri Wines, inside the Russian River 
viticultural area, even though both are within the proposed expansion 
area. In August 2002, the Russian River Valley Winegrape Growers 
Association website listed several members who are in the proposed 
expansion area. Road signs in the proposed expansion area also indicate 
that the area is associated locally with the Russian River.

Evidence of Boundaries

    Historically, the proposed expansion area was used for prune 
orchards and vineyards, according to Mr. John Marcucci, whose family 
has owned thirty acres in the proposed area for four generations. He 
recalls that, prior to 1918, the acreage was planted to Petite Syrah, 
Zinfandel, and Pinot Noir wine grapes. Mr. Marcucci and Mr. Henry 
Bisordi, both life long residents of the area, also recollect that 
years ago prune orchards were more profitable than vineyards, but when 
the market turned, some orchards were replaced with vineyards. The 
previous owner of the Vintners Inn acreage claims that approximately 50 
acres of this land was devoted to French Colombard wine grapes and 
orchards until about 25 years ago when the orchards were removed for 
Chardonnay, Pinot Blanc, and Sauvignon Blanc wine grape plantings. 
Currently, 48 percent, or almost half of the 767 acre proposed 
expansion area, is used for viticulture.

Growing Conditions

    Treasury Decision ATF-159 of October 21, 1983, 48 FR 48813, 
established the Russian River Valley as a viticultural area. This 
Treasury Decision stated:

    The Russian River viticultural area includes those areas through 
which flow the Russian River or some of its tributaries and where 
there is a significant climate effect from coastal fogs. The 
specific growing climate is the principal distinctive characteristic 
of the Russian River Valley viticultural area. The area designated 
is a cool growing coastal area because of fog intruding up the 
Russian River and its tributaries during the early morning hours.

[[Page 1022]]

Climate
    The petitioner states that the term ``Russian River,'' as it 
applies to viticulture, refers to that portion of the Russian River 
valley influenced by cool temperatures and coastal fog. The proposed 
expansion area has heavy fog, according to an undated map included in 
the petition and titled ``Lines of Heaviest and Average Maximum Fog 
Intrusion for Sonoma County.''
    The current petitioner and Treasury Decision ATF-159, which 
established the Russian River Valley viticultural area, both refer to 
the Winkler degree-day (accumulated heat units) system, which is used 
to classify grape-growing climatic regions (See ``General 
Viticulture,'' Albert J. Winkler, University of California Press, 
1975). As noted in Treasury Decision ATF-159, ``The Russian River 
Valley viticultural area is termed `coastal cool' with a range of 2000 
to 2800 accumulated heat units.''
    The petitioner conducted a degree-day study of three vineyards from 
April 2001 through October 2001, which coincides with Winkler's growing 
season. Two of these vineyards are within the established Russian River 
Valley viticultural area, while the other is in the proposed expansion 
area. This study measured air temperature, wind speed, precipitation, 
and humidity at the three area vineyards. The petitioner provided the 
degree-day (accumulated heat units) results shown in the following 
table:

------------------------------------------------------------------------
                                                             Degree-days
                         Vineyard                           (accumulated
                                                             heat units)
------------------------------------------------------------------------
In the established viticultural area:
    Vino Farms Vineyard...................................         2,477
    Storey Creek Vineyard.................................         2,736
In the proposed expansion area:
    LeCarrefour Vineyards.................................         2,636
------------------------------------------------------------------------

    The results from the three vineyards studied show that all three 
are within the 2,000 to 2,800 accumulated heat units range found in the 
Russian River Valley viticultural area, as stated in Treasury Decision 
ATF-159. ATF independently confirmed that LeCarrefour Vineyards, at 
4350 Barnes Road, Santa Rosa, California, is within the petitioned 
expansion area.
Elevation
    Elevations within the proposed expansion area range from 130 feet 
to 160 feet, with a gentle rise from southwest to northeast, according 
to the two USGS topographic maps covering the expansion area. These 
elevations are similar to those found in the portion of the established 
Russian River Valley viticultural area immediately adjacent to the 
proposed expansion.
Soil
    The predominant soils of the proposed expansion of the Russian 
River Valley viticultural area are Huichica Loam, Yolo Clay Loam, and 
Yolo Silt Loam, as depicted on the Sonoma County Soil Survey map (USDA, 
1972), sheet 74. These soils are also found within the established 
Russian River Valley viticultural area in vineyards to the north of the 
proposed area, as depicted on pages 57 and 66 of the maps developed by 
the USDA's Forest Service and Soil Conservation Service in May 1972. 
Treasury Decision ATF-159, which established the Russian River Valley 
viticultural area, does not identify the predominant soils of the area 
or indicate any uniqueness in the soils of the viticultural area.
Watershed
    The established Russian River Valley viticultural area and the 
proposed expansion area are in the large Russian River Valley 
watershed, as noted on the (California) Department of Fish and Game 
Inland Fisheries Division's ``Russian River Watershed'' map of April 1, 
1997. This watershed includes the Russian River and the tributaries 
noted in Treasury Decision ATF-159.

Boundary Description

    The proposed expansion area is along the current eastern boundary 
line of the Russian River Valley viticultural area in a 90[deg] angle 
at the village of Fulton, just northwest of the city of Santa Rosa, 
California. The proposed expansion area boundary has four irregular 
sides and is wider along its southern side than at its northern side. 
Its overall size is 767 acres, or about 1.2 square miles. The general 
road boundaries are Fulton Road to the west, River Road to the north, 
U.S. Highway 101 to the east, and Dennis Lane and Francisco Avenue to 
the south. Fulton Road on the west and River Road on the north form a 
portion of the current Russian River Valley viticultural area's eastern 
boundary.

Maps

    The proposed expansion of the Russian River Valley viticultural 
area is shown on two USGS maps: the Santa Rosa Quadrangle, California--
Sonoma Co., 7.5 Minute Series, edition of 1994; and the Sebastopol 
Quadrangle, California, 7.5 Minute Series, edition of 1954, 
photorevised 1980.

Public Participation

    We request comments from anyone interested. Please support your 
comments with historical data or data concerning the growing conditions 
or boundaries of the area. We will consider your comments if we receive 
them on or before the closing date. We will consider comments received 
after the closing date if we can. We will not acknowledge receipt of 
any comments. All comments received will be considered as originals.
    You may submit comments in any of five ways:
    [sbull] By Mail: You may send written comments to ATF at the 
address listed in the Addresses section.
    [sbull] By Facsimile: You may submit comments by facsimile 
transmission to 202-927-8525. Comments transmitted as facsimiles must--
    (1) Be legible;
    (2) Reference this notice number;
    (3) Be on 8\1/2\ x 11-inch paper,
    (4) Contain a legible, written signature; and
    (5) Be five or less pages long. This limitation assures electronic 
access to our equipment. We will not accept faxed comments that exceed 
five pages.
    [sbull] By E-mail: You may e-mail comments to 
[email protected]. Comments transmitted as electronic-mail 
must--
    (1) Contain your name, mailing address, and e-mail address;
    (2) Reference this notice number on the subject line; and
    (3) Be legible when printed on 8\1/2\ x 11-inch paper.
    [sbull] Online: We provide a comment form with the online copy of 
this proposed rule. See the ``Regulations'' section of the ATF Internet 
Web site at http://www.atf.treas.gov.
    [sbull] In Person: You may write to the Director to ask for a 
public hearing. The Director reserves the right to determine, in light 
of all circumstances, whether a public hearing will be held.

Disclosure

    You may inspect copies of the petition, the proposed regulations, 
the appropriate maps, and any written comments received by appointment 
at the ATF Reference Library, Room 6480, 650 Massachusetts Avenue, NW., 
Washington, DC 20226. You may also obtain copies of documents and 
comments related to this notice at 20 cents per page. If you want to 
view or request copies of comments, call the ATF librarian at 202-927-
7890.
    For your convenience, we will post comments received in response to 
this notice on the ATF Web site. All

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comments posted on our Web site will show the names of commenters, but 
not street addresses, telephone numbers, or e-mail addresses. We may 
also omit voluminous attachments or material that we consider 
unsuitable for posting. In all cases, the full comment will be 
available in the ATF Reference Library. To access online copies of the 
comments on this rulemaking, visit http://www.atf.treas.gov/ and select 
``Regulations,'' then ``Notices of proposed rulemaking (Alcohol).'' 
Next, select ``View Comments'' under this notice number.
    We will not recognize any comments or submitted materials as 
confidential. We will disclose all information in comments and the 
names of commenters. Do not enclose in your comments any material you 
consider confidential or inappropriate for disclosure.

Regulatory Analyses and Notices

Paperwork Reduction Act

    We propose no requirement to collect information. Therefore, the 
provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, and 
its implementing regulations, 5 CFR part 1320, do not apply.

Regulatory Flexibility Act

    We certify that this regulation will not have a significant 
economic impact on a substantial number of small entities, including 
small businesses. 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 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 a 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

    This proposed rule is not a significant regulatory action as 
defined by Executive Order 12866. Therefore, no regulatory assessment 
is required.

Drafting Information

    The principal author of this document is N. A. Sutton (San 
Francisco), Regulations Division, Bureau of Alcohol, Tobacco, and 
Firearms.

List of Subjects in 27 CFR Part 9

    Wine.

Authority and Issuance

    ATF proposes to amend Title 27, Code of Federal Regulations, Part 
9, American Viticultural Areas, 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. Amend Sec. 9.66, Russian River Valley viticultural area by 
removing ``Road'' and adding in its place ``Avenue'' at the end of 
paragraph (c)(9), by redesignating paragraphs (c)(12) through (c)(24) 
as (c)(14) through (c)(26), by revising paragraphs (c)(10) and (c)(11), 
and by adding new paragraphs (c)(12) and (c)(13) to read as follows:

Subpart C--Approved American Viticultural Areas


Sec.  9.66  Russian River Valley.

* * * * *
    (c) Boundaries. * * *
    (10) Proceed north on Wright Avenue, which becomes Fulton Road, for 
approximately 3.8 miles to an unnamed unimproved road running to the 
east in Section 5 of T7W, R8W, which becomes a light duty road locally 
known as Francisco Avenue, and continue east on Francisco Avenue for 
about 0.6 mile to its intersection with the eastern boundary line of 
Section 5 in T7W, R8W, at a point where Francisco Avenue makes a 
90[deg] turn to the south.
    (11) Proceed north along that section line for about 500 feet to a 
point due west of the intersection of Barnes Road and an unnamed light 
duty road locally known as Dennis Lane.
    (12) From that point, proceed east in a straight line to Dennis 
Lane, continue east on Dennis Lane to its end, and continue due east in 
a straight line to U.S. Highway 101, passing onto the Santa Rosa map in 
the process.
    (13) Proceed northwest along U.S. Highway 101, passing onto the 
Sebastopol map, to its intersection with an unnamed medium duty road 
locally known as River Road west of U.S. Highway 101 and as Mark West 
Springs Road east of U.S. Highway 101.
* * * * *

    Signed: December 20, 2002.
Bradley A. Buckles,
Director.
[FR Doc. 03-286 Filed 1-7-03; 8:45 am]
BILLING CODE 4810-31-P