Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations
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16576 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations Authority: 26 U.S.C. 7805 * * *. establishment of definite American bonded wineries within the proposed Par. 2. Section 18.0 is revised to read viticultural areas. The regulations also area, and approximately 2,000 acres are as follows: allow the name of an approved planted to wine grapes. The petitioner viticultural area to be used as an notes ``the area's great history and § 18.0 Effective date of temporary appellation of origin in the labeling and heritage of wine growing and regulations under the Subchapter S advertising of wine. winemaking is truly more impressive Revision Act of 1982. On October 2, 1979, ATF published than the number of acres currently The temporary regulations provided Treasury Decision ATF±60 (44 FR farmed.'' under §§ 18.1361±1, 18.1377±1, 56692) which added a new part 9 to 27 The petition was also signed by Philo 18.1379±1, and 18.1379±2 are effective CFR, providing for the listing of Biane of Rancho de Philo Winery, Rene with respect to taxable years beginning approved American viticultural areas. Biane of Guasti Plaza, Don Galleano of after 1982, and the temporary Section 4.25a(e)(1), Title 27, CFR, Galleano Winery, Paul Hofer III of Hofer regulations provided under § 18.1378±1 defines an American viticultural area as Ranch, LeAnn Smothers of the City of are effective with respect to elections a delimited grape-growing region Rancho Cucamonga, and Jeff Wilson, of made after October 19, 1982. distinguishable by geographical Inland Empire West Resource Cynthia E. Grigsby, features, the boundaries of which have Conservation District. been delineated in subpart C of part 9. Chief, Regulations Unit, Assistant Chief Notice of Proposed Rulemaking Counsel (Corporate). Section 4.25a(e)(2) outlines the [FR Doc. 95±7970 Filed 3±30±95; 8:45 am] procedure for proposing an American In response to Mr. Filippi's petition, BILLING CODE 4830±01±P viticultural area. Any interested person ATF published a notice of proposed may petition ATF to establish a grape- rulemaking, Notice No. 802, in the growing region as a viticultural area. Federal Register on December 2, 1994 Bureau of Alcohol, Tobacco and The petition should include: (59 FR 61853), proposing the Firearms (a) Evidence that the name of the establishment of the Cucamonga Valley proposed viticultural area is locally viticultural area. The notice requested 27 CFR Part 9 and/or nationally known as referring to comments from all interested persons by [TD ATF±362; Re: Notice No. 802] the area specified in the petition; January 31, 1995. (b) Historical or current evidence that RIN 1512±AA07 the boundaries of the viticultural area Comments on Notice of Proposed are as specified in the petition; Rulemaking Cucamonga Valley Viticultural Area (c) Evidence relating to the ATF received 15 letters of comment (94F±011P) geographical features (climate, soil, and copies of several newspaper articles AGENCY: Bureau of Alcohol, Tobacco elevation, physical features, etc.) which and a newspaper editorial concerning and Firearms (ATF), Department of the distinguish the viticultural features of the proposal to establish the Cucamonga Treasury. the proposed area from surrounding Valley viticultural area. All commenters areas; expressed their support for establishing ACTION: Final rule, Treasury decision. (d) A description of the specific the Cucamonga Valley viticultural area SUMMARY: This final rule establishes a boundaries of the viticultural area, as proposed in Notice No. 802. viticultural area in San Bernardino and based on features which can be found Commenters included growers and Riverside Counties, California, to be on United States Geological Survey other local business owners, consumers, known as ``Cucamonga Valley.'' The (U.S.G.S.) maps of the largest applicable and government officials. petition was filed by Gino L. Filippi of scale; and The Honorable James L. Brulte, State J. Filippi Vintage Co. on behalf of (e) A copy of the appropriate U.S.G.S. Assembly Republican Leader, wrote to himself and other growers and wineries map(s) with the boundaries prominently support recognition of Cucamonga in the area. marked. Valley as a viticultural area. The ATF believes that the establishment of Petition Honorable Fred Aguiar, State viticultural areas and the subsequent Assemblyman for the Sixty-first ATF received a petition from Gino L. use of viticultural area names as assembly district, endorsed the Filippi of J. Filippi Vintage Co. appellations of origin in wine labeling establishment of Cucamonga Valley proposing to establish a viticultural area and advertising allows wineries to viticultural area and wrote further: in San Bernardino and Riverside designate the specific areas where the Counties, California, to be known as Our region has a long and distinguished grapes used to make the wine were ``Cucamonga Valley.'' The viticultural history in the winegrowing industry and it is grown and enables consumers to better highly appropriate that this area be area is located in southern California, identify the wines they purchase. recognized for such a distinction. about 45 miles east of the city of Los EFFECTIVE DATE: May 1, 1995. Angeles. It contains approximately The San Bernardino County Board of FOR FURTHER INFORMATION CONTACT: 109,400 acres. The petitioner states that Supervisors adopted a resolution which Marjorie D. Ruhf, Wine, Beer and Spirits wine grapes, probably the mission read, in part, as follows: Regulations Branch, Bureau of Alcohol, variety, were first planted in the ** * RESOLVED that the Board of Tobacco and Firearms, 650 Cucamonga Valley in 1839 or 1840, Supervisors of the County of San Bernardino, Massachusetts Avenue, NW., ``undoubtedly one of the first large State of California, hereby recognizes the Washington, DC 20226 (202±927±8230). plantings of grapes in California.'' efforts of the local wineries and supports the designation of ``CUCAMONGA VALLEY'' in SUPPLEMENTARY INFORMATION: According to the petitioner the wine industry in the Cucamonga Valley grew advertising and on the labels of wines produced in this vicinity. Background during the late nineteenth and early On August 23, 1978, ATF published twentieth centuries, reaching ``its peak The Honorable William J. Alexander, Treasury Decision ATF±53 (43 FR in the 1940's and 1950's with over 60 Mayor of Rancho Cucamonga, wrote: 37672, 54624) revising regulations in 27 wineries producing from approximately I would like to express our support in CFR part 4. These regulations allow the 35,000 acres.'' Today, there are five establishing the Cucamonga Valley as a Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16577 viticulture area. The City of Rancho Historical Commission discussed The viticultural area includes the area Cucamonga takes great pride in the fact that designation of the Galleano Winery as a described above and the valley drained the grape vineyards and the wineries of our landmark. The letter makes several by the Cucamonga Creek to the south of area contributed so much to the early history references to the Cucamonga Valley, this alluvial fan. These areas share of the region. For this reason, a grape cluster characteristics of topography, soil has a prominent focus in both the City's seal mentioning locations within the and logo. proposed area such as Rancho composition and climate which Cucamonga, Fontana, Ontario and Mira distinguish the viticultural area from the Allyn B. Scheu of Scheu Loma. surrounding areas. The petitioner Manufacturing Company wrote that the provided the following evidence of the designation ``will help consumers to Evidence of Boundaries area's distinctiveness: identify the origins of the wines they As evidence that the boundaries for Topography buy and will recognize the Cucamonga the area are as specified in the petition, area's rich heritage of wine production.'' the previously cited excerpt from The The U.S.G.S. topographic maps Charles L. Keagle, a restauranteur, also Wines of America, by Leon D. Adams, submitted by the petitioner show the supported the designation and wrote states that the vineyard area of the viticultural area slopes gradually from that ``the history of the area, America's Cucamonga Valley ``extends from 2,000 feet at the northern boundary to first, goes back over 100 years.'' Ontario east to Fontana and from the 560 feet at the southern boundary. The Columnist Garry Greenberg of the base of the San Gabriel Mountains petitioner describes the San Gabriel Victorville, California Daily Press, sent southward to the Jurupa Hills in mountains to the north of the proposed in a copy of his September 15, 1994 Riverside County.'' The San Gabriel area as ``a great wall, from 8,000 to column which reported on the filing of Mountains form the northern boundary 10,000 feet high.'' The Jurupa the petition, and described the of the proposed area, and the Jurupa Mountains to the southeast of the area Cucamonga Valley area as ``the home of Hills form the eastern part of the offer another contrast as they rise the largest winemaking industry in the southern boundary. The towns of steeply from the valley floor to form part world a century ago.'' Mr. Greenberg Fontana and Ontario are both within the of the southern boundary. The balance also sent in the text of a column which area. of the southern boundary, the 560 foot he planned to publish in January 1995, ′ contour line, was chosen because the encouraging readers to write in support The petitioner used the 560 elevation area at lower elevations was poorly of the proposed area. line as the western portion of the drained and was traditionally used for The petitioner mailed in a clipping of southern boundary. He states the area dairy farming; furthermore, the nearby an editorial from the Inland Valley Daily south of that elevation has poor Prado Dam is scheduled to be raised, so Bulletin of December 30, 1994, which drainage and is mainly used for dairy the area to the south of the 560 foot concluded: farming.