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Final Rule; Treasury Decision 43128 Federal Register / Vol. 50, No. 206 / Thursday, October 24, 1985 / Rules and Regulations 43128 Federal Register / Vol. 50, No. 206 I Thursday, October 24, 1985 I Rules and Re2ulations Special Analysis: this viticultural area as an appellation of Central Coast Counties" on labels of dry Because this rule is only technical in origin will also help winemakers wine. Under section 25236 of the nature, correcting a statutory citation distinguish their products from wines California Alcoholic Beverage Laws, the and a mandated dollar amount, it does made in other areas. term "California central coast counties not constitute a major rule for purposes EFFECTIVE DATE: November 25, 1985. dry wine" may appear on labels of: of Executive Order 12291, and is not FOR FURTHER INFORMATION CONTACT: * * * dry wine produced entirely from subject to the Regulatory Flexibility Act John A. Linthicum, FAA, Wine and Beer grapes grown within the Counties of Sonoma, at 5 U.S.C. 601 et seq. Branch, (202) 566-7626. Napa, Mendocino, Lake, Santa Clara, Santa SUPPLEMENTARY INFORMATION: Cruz, Alameda, San Benito, Solano, San Luis List of Subjects in 14 CFR Part 1261 Obispo, Contra Costa, Monterey, and Main. Administrative practice and Background However, effective January 1, 1983, procedure, Claims, Government On August 23, 1978, ATF published "Central Coast Counties" is not an employees, Personal property, Military Treasury Decision ATF-53 (43 FR 37672, authorized appellation of origin under 27 Personnel and Civilian Employees' corrected at 54624, November 22, 1978,) CFR 4.25a(a)(1) [v) or (c). The names of Claims Act of 1964, as amended. revising regulations in 27 CFR Part 4. two or no more than three counties in Accordingly, Title 14 of the Code of These regulations allow the the same state would be the only Federal Regulations is amended as set establishment of definite viticultural authorized multi-county appellation of forth beloh: areas. The regulations also allow the origin in conjunction with the word name of an approved viticultural area to "counties." PART 1261-PROCESSING OF be used as an appellation of origin on MONETARY CLAIMS (GENERAL) The name "Central Coast" has been wine labels and in wine advertisements. identified as a grape growing/wine 1. The authority citation for 14 CFR On October 2, 1979, ATF published producing region in several books, Part 1261 Subpart 1261.1 is revised to Treasury Decision ATF-60 (44 FR 56692) magazines, and other publications read as follows: which added a new Part 9 to 27 CFR, which cater to the wine industry and providing for the listing of approved Authority: wine consumers. 31 U.S.C. 3721. American viticultural 2. Section 1261.102 is revised to read areas, the names of which may be used as appellations Geographical Features Which Affect as of follows: origin. Viticultural Features § 1261.102 Maximum amount. Section 4.25a(e)(1),.Title 27, CFR, The Central Coast viticultural area is On or after OctobeR1, 1982, the defines an American viticultural area as bounded on the west by the Pacific maximum amount that may be paid a delimited'grape-growing region Ocean and on the east by the California under the Military Personnel and distinguishable by geographical Coastal Ranges. The Coastal Ranges Civilian Employees' Claims Act of 1964, features. Section 4.25(e)(2) outlines the form a barrier to the marine influence on as amended (31 U.S.C. 3721) is procedure for proposing an American climate, causing precipitation, heat $25,000.00. viticultural area. Any interested person summation, maximum high may ATF James M. Beggs, petition to establish a grape- temperatures, minimum low growing region as a viticultural Administrator. area. temperatures, length of the frost-free Taylor California Cellars, a winery in October 18, 1985. season, wind, marine fog incursion, and Gonzales, California, petitioned ATF to relative humidity to be significantly IFR 85-25346 Doc. Filed 10-23-85; 8:45 am] establish the Central Coast viticultural different on opposite sides of these BILLING COOE 7510-01-M area. In response to this petition, ATF mountains. The area inland of the published a notice of proposed Coastal Ranges is typically arid or semi- rulemaking (Notice No. 532) in the DEPARTMENT OF THE TREASURY arid. This difference in climate causes Federal Register on July 11, 1984 harvested grapes to be significantly proposing the establishment of the Bureau of different from grapes grown farther Alcohol, Tobacco and Central Coast viticultural area. Firearms inland. General Description ATF believes that a viticultural area 27 CFR Part 9 The proposed Central Coast named with the word "coast" should be an area which is under the marine [T.D. ATF-216; Re: Notice No. 532] viticultural area consisted of approximately 1 million acres with influence. This idea is based on a Establishment of Central Coast approximately 51,209 acres of principle in General Viticulture by A.J. Viticultural Area grapevines. There are 97 grape growers Winkler, et al (page 68), that grapes and 55 wineries in the proposed area. grown in a coastal region are different AGENCY: Bureau of Alcohol, Tobacco The following approved viticultural from grapes grown in an interior valley and Firearms (ATF), Treasury. areas are wholly within the Central even if both areas have the same heat ACTION: Final rule; Treasury decision. Coast viticultural area: Sections 9.24 summation. Therefore, the eastern Chalone, 9.54 Santa Ynez Valley, 9.27 boundary of the Central Coast SUMMARY: This final rule establishes a viticultural area is drawn at the viticultural area in Monterey, Santa Lime Kiln Valley, 9.58 Carmel Valley, 9.28 Santa Maria Valley, 9.46 approximate inland limit of the marine Cruz, Santa Clara, Alameda, San Benito, Livermore Valley, 9.59 Arroyo Seco, influence on climate. San Luis Obispo, and Santa Barbara 9.35 Edna Valley, 9.80 York Mountain, 9.38 Within the Central Coast area, two Counties, California, known as "Central Cienega Valley, 9.84 Robles, other viticultural areas, Chalone and Coast." The establishment of viticultural Paso 9.39 Paicines, 9.88 Pacheco Pass, and 9.98 Paso Robles, were established because areas and the subsequent use of Monterey. they are also under marine influence, viticultural areas names as appellations but to a lesser degree. The Chalone area of origin in wine labeling and Name is at a high altitude on a precipice above advertising will help consumers better California alcoholic beverage laws the Salinas River Valley. This area identify wines they purchase. The use of regulate the use of the words "California possesses a slightly different Federal Register / Vol. 50, No. 206 / Thursday, October 24, 1985 / Rules and Regulations 43129 microclimate than the surrounding notice of proposed rulemaking "In grapes. Any commercial advantage terrain several hundred feet below it. general, the name 'Central Coast' gained can only come from consumer However, it is still under the marine applies to the coastline between the acceptance of Central Coast wines. climate influence, especially in cities of Santa Cruz and Santa Barbara." comparison to areas which are farther However, Wente Brothers commented Regulatory Flexibility Act inland. that Livermore Valley has been placed The provisions of the Regulatory The Paso Robles area is shielded from in "Central Coast" by wine writers, Flexibility Act relating to a final marine influence from the south and retailers, and consumers. Patrick W. regulatory flexibility analysis (5 U.S.C. west. However, the marine influence Fegan, in his book Vineyards and 604) are not applicable to this final rule traveling south from Monterey Bay, Wineries of America, and The Wine because it will not have a significant through the Salinas River Valley, Spectator, in their book Wine Maps, reaches the Paso Robles area to a include Alameda County in the "Central economic impact on a substantial limited degree. This fact is readily Coast" area. Hugh Johnson, in his book number of small entities. The final rule apparent from the orientation of the Modern Encyclopedia of Wine, will not impose, or otherwise cause, a airport runway at Shandon, California, describes the "Central Coast" area as an significant increase in reporting, parallel to winds in the Salinas River indeterminate area between San recordkeeping, or other compliance Valley. Although, the marine influence Francisco and Santa Barbara. burdens on a substantial number of does not reach Paso Robles through the On the basis of this evidence relating small entities. The final rule is not Shortest route, this area is still under to the name, and on the basis of expected to have significant secondary marine inflence and possesses evidence that the marine climate or incidental effects on a substantial microclimafes characteristic of coastal influence is present throughout the areas number of small entities. valleys, especially in comparison to requested for inclusion by the Accordingly, it is hereby certified areas which are farther inland. commenters, ATF is enlarging the under the provisions of section 3 of the Public Comments approved area to include the Livermore Regulatory Flexibility Act (5 U.S.C. Valley viticultural area and the portion In response to Notice No. 532, ATF 605(b)) that this final rule, will not have of Santa Clara which is under the a significant economic impact on a received comments from the Petitioner marine climate influence. (2 comments), Paul Masson Vineyards, substantial number of small entities. Boundary Modification Sarah's Vineyard, Mirassou Vineyards, Executive Order 12291 and Wente Brothers. Based on the above discussion of Paul Masson Vineyards commented comments received, the boundary of the In compliance with Executive Order that the proposed area defines a Central Coast viticultural area proposed 12291, ATF has determined that this homogeneous climatic zone containing in Notice No. 532 is modified by final rule is not a "major rule" since it microclimate variations within a large incorporating the approved boundary of will not result in: region of marine climate influence.
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