55512 Federal Register / Vol
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55512 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY CFR, providing for the listing of approved American viticultural areas, Customs Service Bureau of Alcohol, Tobacco and the names of which may be used as Firearms appellations of origin. 19 CFR Parts 4, 10, 11, 12, 18, 24, 103, 112, 122, 127, 133, 141, 143, 148, 151, 27 CFR Part 9 Section 4.25a(e)(1), Title 27, CFR, 152, 159, 171, 177 and 191 defines an American viticultural area as [TD ATF±392] a delimited grape-growing region [T.D. 97±82] RIN 1512±AA07 distinguishable by geographic features, the boundaries of which have been Technical Amendments to the Mendocino Ridge Viticultural Area delineated in subpart C of part 9. Customs Regulations (95R±017P) AGENCY: U.S. Customs Service, Section 4.25a(e)(2), Title 27, CFR, AGENCY: Bureau of Alcohol, Tobacco outlines the procedure for proposing an Department of the Treasury. and Firearms (ATF), Treasury. ACTION: Final rule; correction. American viticultural area. Any ACTION: Treasury decision, final rule. interested person may petition ATF to SUMMARY: This document makes a establish a grape-growing region as a correction to the document published in SUMMARY: This Treasury decision establishes a viticultural area located viticultural area. The petition should the Federal Register which set forth include: various minor technical changes and within the boundaries of Mendocino (a) Evidence that the name of the corrections to the Customs Regulations. County, California to be known as proposed viticultural area is locally The correction involves the wording of ``Mendocino Ridge,'' under 27 CFR part the regulatory text contained in the 9. This viticultural area is the result of and/or nationally known as referring to amendatory instruction pertaining to a petition submitted by Mr. Steve Alden the area specified in the petition; § 11.9. on behalf of the Mendocino Ridge (b) Historical or current evidence that EFFECTIVE DATE: This correction is Quality Alliance. There are about the boundaries of the viticultural area effective October 3, 1997. 262,400 acres or approximately 410 are as specified in the petition; square miles within the outer FOR FURTHER INFORMATION CONTACT: (c) Evidence relating to the Harold Singer, Regulations Branch, boundaries of the ``Mendocino Ridge'' viticultural area, but the actual geographical characteristics (climate, Office of Regulations and Rulings (202± soil, elevation, physical features, etc.) 927±2340). viticultural area encompasses only the areas at or above 1200 feet in elevation. which distinguish the viticultural SUPPLEMENTARY INFORMATION: Because of the 1200 foot elevation, this features of the proposed area from surrounding areas; Background viticultural area is unique from other coastal viticultural areas. Of the total (d) A description of the specific On October 3, 1997, Customs 262,400 acres, less than one third, or boundaries of the viticultural area, published in the Federal Register (62 87,466 acres, lies above 1200 feet based on features which can be found FR 51766) as T.D. 97±82 a final rule elevation. Of these 87,466 acres, document setting forth various minor on United States Geological Survey technical changes and corrections to the approximately 1500 to 2000 acres or 2% (U.S.G.S.) maps of the largest applicable Customs Regulations. The regulatory of the narrow timber covered ridge-tops scale, and; amendments included a change to are suitable for grape production. There (e) A copy (or copies) of the paragraph (b) of § 11.9 (19 CFR 11.9). are approximately 75 acres of grapes appropriate U.S.G.S. map(s) with the Although the Background portion of currently growing within the boundaries proposed boundaries prominently T.D. 97±82 correctly included the word of the viticultural area. The 75 acres of marked. ``purchaser'' in identifying the affected grapes are divided among six wineries. regulatory text, the amendatory EFFECTIVE DATE: December 26, 1997. Petition instruction set forth later in the FOR FURTHER INFORMATION CONTACT: Mr. Steve Alden of Alden Ranch document inadvertently included the David W. Brokaw, Wine, Beer and Vineyards petitioned ATF on behalf of Spirits Regulations Branch, Bureau of word ``producer'' as part of the amended the Mendocino Ridge Quality Alliance Alcohol, Tobacco and Firearms, 650 regulatory text. This document sets forth for the establishment of a new Massachusetts Avenue, NW, a new amendatory instruction viticultural area located within the pertaining to § 11.9 to correct this error. Washington, DC 20226, (202) 927±8230. boundaries of Mendocino County, Correction to the Final Regulations SUPPLEMENTARY INFORMATION: California, to be known as ``Mendocino On page 51770, in the first column, Background Ridge.'' There are currently six producing vineyards in the ``Mendocino the amendatory instruction for § 11.9 is On August 23, 1978, ATF published corrected to read as follows: Ridge'' viticultural area. 2. In § 11.9, the first sentence of Treasury Decision ATF±53 (43 FR 37672, 54624) revising regulations in 27 Given the unusual nature of the area, paragraph (b) is amended by removing ATF requested public comment in the words ``manufacturer or purchaser CFR part 4. These regulations allow the establishment of definitive viticultural Notice No. 848 on specific questions of'' and adding, in their place, the words regarding the supporting evidence. ATF ``manufacturer or purchaser or''. areas. The regulations allow the name of an approved viticultural area to be used pointed out that the viticultural area Dated: October 20, 1997. as an appellation of origin on wine would include only the land above a Harold M. Singer, labels and in wine advertisements. On certain elevation within the boundaries Chief, Regulations Branch. October 2, 1979, ATF published described. Thus, ATF wished to solicit [FR Doc. 97±28300 Filed 10±24±97; 8:45 am] Treasury Decision ATF±60 [44 FR public comment on the following BILLING CODE 4820±02±P 56692] which added a new part 9 to 27 questions about the geographic Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55513 distinctiveness of the non-contiguous ``Mendocino Ridge'' vineyards. The area Ridgetimes Press, Mendocino, CA). On areas in the petition: encompasses many named coastal page 7 it states: 1. Do the non-contiguous sites in the ridges; i.e., McGuire Ridge, Zeni Ridge, That certain grape varieties, grown in proposed viticultural area have such Phelps Ridge, Signal Ridge, Campbell specific geographical locations, produce similar climate, soil, and other Ridge, German Ridge, Hanes Ridge, distinctive wines that are sought after by characteristics that they can be Adams Ridge, Cliff Ridge, Greenwood appreciators of fine wine is a given considered as a single or common grape Ridge, McAllister Ridge, Brandt Ridge, phenomenon in the world of viticulture and growing region? Lambert Ridge, Mariah Ridge, Fleming enology. Illustrations of such situations are 2. Is the actual land included within Ridge, Mikes Ridge, Yellow Hound Pinot Noir when grown in Burgundy, the the proposed viticultural area at the Ridge, Johnny Woodin Ridge, Hog White Riesling when grown in the Mosel 1200 foot (and above) elevation line Ranch Ridge, Hog Pen Ridge, Steve's Valley of Germany, and the Cabernet reasonably distinguishable from the Sauvignon when grown in the Rutherford- Ridge, Ponds Ridge, Brytan Ridge, and Oakville region of the Napa Valley. adjacent land that is not included? Pearly Ridge. The area also encompasses Zinfandel, when grown in the Coastal range 3. Does the totality of the geographic various ``mountain peaks;'' i.e., Cold of Mendocino County, roughly between the evidence regarding the proposed Spring Mountain, Lookout Mountain, points where the Navarro River and Gualala viticultural area support the application Bald Hill Dry Bridge Mountain, Eureka River empty into the ocean, is in my mind of a reasonable proximity rule to Hill, Gualala Mountain, Red Rock such a classic match of grape variety with a exclude widely scattered but otherwise Mountain, Snook Mountain and particular climate, one that leads to the similar locations from being included Rockpile Peak. These ``mountain peaks'' ultimate in winemaking fruit. (Emphasis within the proposed grape-growing are generally no higher than points on added.) region? the ridge. These ridges and peaks create The cultivation of vineyards in the the water shed for the Gualala River, Comments Mendocino Ridge began with the first Garcia River, Alder Creek, Elk Creek, Italian settlers, who came to the area in No comments were received in Greenwood Creek, and the Navarro the late 1800's to peel tan bark. These response to Notice No. 848. River. The ``Mendocino Ridge'' Italian immigrants brought with them Evidence That the Name of the Area Is viticultural area encompasses only their grapes of choice: Zinfandel, Locally or Nationally Known ridge-tops which reach an elevation of Alicante-Bouschet, Carignane, Muscat, 1200 feet or higher in the Coastal Zone Palomino, and Malvasia. At one time, The name Mendocino Ridge has been of southwestern Mendocino County. before Prohibition, it has been estimated chosen as the name of the viticultural The boundary encompasses that Greenwood Ridge had some 250 area because the area is widely known approximately 410 square miles or acres of vineyards and Fish Rock Road by that name. Many books and about 262,400 acres which was had another 150 acres of vineyards. magazines have historically referred to necessary to include the numerous Italian immigrant families with names the viticultural area as the Mendocino ridge-tops comprising the grape growing like Luccinetti, Pearli, Gianoli, Ciapusci, Ridge. For example, in 1988 the winery, areas. ATF is not aware of any grapes Soldani, and Zeni homesteaded and Kendall-Jackson, wrote: being grown at the lower elevations in planted vines along Fish Rock Road as ** * the vines in the Mariah vineyard are the area below the 1200 foot coastal fog early as the 1860's.