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. Other Italian subject to the same complicated climatic line. immigrants with names like Frati, variables that have caused wine experts to Historical or Current Evidence That the Tovani, Giusti, Pronsolino, and hail the Mendocino Coastal Ridge as one of Giovanetti homesteaded along the world’s greatest Zinfandel regions.’’ Boundaries of the Viticultural Area are as Specified in the Petition Greenwood Ridge around the same time. More recently, in an article published According to Matt Kramer in Making in the February 1994 issue of Gourmet Many articles have been written in Sense of California Wine (1992): Magazine, wine writer Gerald Asher wine periodicals and books over the The planting of these higher-elevation wrote: years about the unique and distinctive wines produced from grapes grown vineyards is due entirely to an influx of In Mendocino there’s an equally wide within the ‘‘Mendocino Ridge’’ Italian immigrants * * * in the 1890’s * * * divide between the tense and concentrated In Italy, as elsewhere in Europe, grapes were Zinfandels produced from old vines planted viticultural area. For example, Making found to perform better on hillsides than on by turn-of-the-century Italian immigrants Sense of California Wine by Matt valley floors. Considering their grapes of who settled the exposed, high ridges between Kramer (1992, William Morrow and Co., choice—Zinfandel, Alicante-Bouschet, Anderson Valley and the Pacific and the N.Y.) states: Carignan, Muscat, Palomino, and Malvasia— subtly urbane wines from vineyards almost There aren’t many ridge vineyards but, as they were right. None of these sun-loving as old but planted in milder and better- Spencer Tracy said in Pat and Mike, ‘What’s varieties could have prospered in the cool, protected sites around Ukiah and in the there is cherce.’ Even more unexpected is the frost-prone Anderson Valley floor. But once adjacent McDowell and Redwood valleys. grape variety: Zinfandel. Such ridge above the fog, the sunshine is uninterrupted. (Emphasis added) vineyards as Ciapusci Vineyard, Mariah The ridge sites rarely see the spring frosts. (Id. at 218.) Gerald Asher further stated that: Vineyard, Zeni Vineyard, and DuPratt Vineyard create some of the greatest Prohibition came and many of these The revival of California Zinfandel as a Zinfandels in California. All are found vineyards were removed. Of these serious varietal wine began with the between 1,400 feet and 2,400 feet in rediscovery of forgotten patches of old vines elevation. Jed Steele, the former winemaker original vineyards planted by the Italian such as those on the Mendocino Ridge, most for Kendall-Jackson, sought out these grapes immigrants, three have survived and of them tucked away among hillside and demanded an audience for them. The still produce award winning wines to orchards. Jed Steele started to make wine winery continues to issue named-vineyard this day. Both the Ciapusci and Zeni from old Mendocino Ridge Zinfandel vines at Zinfandels from several of these vineyards, vineyards are still tended and owned by the Edmeades Vineyard & Winery in all of them extraordinary. (Id. at 218, the original families on Fish Rock Road. Anderson Valley in the early 1970’s. emphasis added). On Greenwood Ridge Road, the DuPratt The six vineyards within the The petitioner also cited from Coastal vineyard planted in 1916 is producing ‘‘Mendocino Ridge’’ viticultural area are Ridge Zinfandel, by Jed Steele Ridge Zinfandel. In addition, the Zenis, known by locals and wine writers as the Review, Volume V, No. 1 (1995, The Ciapuscis, and DuPratts all had wineries 55514 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations at their vineyards. Part of the Ciapusci’s characterized by ‘‘lakes of fog’’ with the Yorkville area. To the south is the winery is still standing and parts of an ridge-tops protruding like ‘‘small county line and the Sonoma Coast old wine press can be found at the islands’’ soaking up the cool morning Appellation. DuPratt vineyard site. Tunnels used for sun. Moreover, the ‘‘Mendocino Ridge’’ storing wine can be found burrowed viticultural area is dominated by soils Topography into the mountain at the Zeni Vineyard. that fall into the general soil category of Three other vineyards, Mariah The ‘‘Mendocino Ridge’’ area is Ustic-isomesic type soils. These soils lie Vineyards, Greenwood Ridge Vineyards, characterized by narrow irregular ridges mainly between 500 feet and 2000 feet and Alden Ranch Vineyards, have been that have a high elevation point of 2736 elevation within the zone of coastal planted in the past 25 years. feet at Cold Spring Mountain. The side- influence. The soil does receive some slopes are steep and timber covered, moisture added by the tree canopy Evidence Relating to the Geographical with slopes often exceeding 70%, which causes water to precipitate from Features (Climate, Soil, Elevation, making these areas unplantable. Physical Features, etc.) Which the fog. However, the fog influence is Because of the steepness and less pronounced at the upper elevations. Distinguish the Viticultural Features of narrowness of the ridge-tops, farmable the Area From Surrounding Areas It is less dense and does not blanket this acreage is at a premium. Rarely in the zone as frequently as at the lower The ‘‘Mendocino Ridge’’ viticultural viticultural area, does a ridge-top elevations. The soils are dry for part of area is shaped like a bulging triangle vineyard exceed 30 acres in one the summer and there is little variation with its northern apex less than a mile continuous block. between summer and winter soil wide at the mouth of the Navarro River. The ‘‘Mendocino Ridge’’ terrain can temperatures at 20 inches of depth. The southern base of the triangle is be sharply contrasted with the Redwood is the most reliable indicator approximately 15 miles wide as it runs surrounding areas. To the west is the of this zone. Redwood can often along the Mendocino/Sonoma County Pacific Ocean. To the northeast is the comprise 15 to 50 percent of the tree line. From north to south the area is 36 valley lowlands of the Anderson Valley canopy with douglas fir, tanoak, and miles long. A small segment of the viticultural area. The grapes grown in Pacific madrone being the other viticultural area overlaps the Anderson this area are planted in the fertile dominant species. The understory Valley viticultural area along its alluvial soils along the Navarro River. vegetation is often a dense thicket of northeastern boundary. This segment To the southeast are the long, sloping California huckleberry and tanoak. has been included in the ‘‘Mendocino hillsides of the Yorkville benchland The specific soil types that dominate Ridge’’ viticultural area because it is area. Grapes grown in this area have the ‘‘Mendocino Ridge’’ viticultural area climatically, geologically and been traditionally planted on the bottom are identified as follows: enologically the same as the lands and on the hillside benches to the ‘‘Mendocino Ridge’’ area. Again, Matt east of Highway 128. To the south is the 1. Zeni Kramer in Making Sense of California Sonoma/Mendocino County line and This soil is moderately deep and well- Wine (1992) states on page 218: the Sonoma Coast viticultural area. drained fine-loamy type soil. Typically, Actually, the Anderson Valley is more Soils the loam surface layer is underlain by a complicated yet. Everything so far described loam subsoil. Soft sandstone is at a applies to what might be called Anderson The soils are unique to this triangle of depth of 20 to 40 inches. Slopes range Valley bas. There’s also an Anderson Valley rugged, timber-covered ridge-top area from 9 to 75 percent. The vegetation is haut. The AVA really contains another, and have been shown to be distinct from mainly Douglas fir and redwood. hidden appellation. Although not recognized the surrounding area’s soils. Average pH is 5.7. as an AVA, it should be. This ‘‘hidden’’ Climatically, this area sits entirely appellation is the vineyards above the fog within the Coastal Zone and receives 2. Yellowhound line, locally known as the ‘‘ridge vineyards.’’ The name is apt: They are found on the cooling influences of the Pacific This soil is deep and well-drained. ridgelines above fourteen hundred feet in Ocean which surround these ridges and Typically, the gravelly loam surface is elevation. Technically, these vineyards are peaks with fog, making these ridges into underlain by an extremely gravelly loam Anderson Valley AVA. In reality, they are what the petitioner calls ‘‘cool, sun- subsoil. Hard sandstone is at a depth of their own world: more sun, no fog, yet soaked islands in the sky.’’ The 40 to 60 inches. Slopes range from 9 to subject to the cooling temperatures that come ‘‘Mendocino Ridge’’ viticultural area 100 percent. The vegetation is mainly with higher elevation. (Emphasis added). also receives a significantly greater Douglas fir and redwood. Average pH is The grape growing region of the amount of annual rainfall than the 5.6. viticultural area encompasses the surrounding areas. coastal ridge above the 1200 foot The soils within the ‘‘Mendocino 3. Ornbaun elevation entirely within the Coastal Ridge’’ viticultural area have been This subsoil is deep and well-drained, Zone in the southwest corner of identified by the Soil Conservation with little or no seasonal fluctuation in Mendocino County, California. Less Service in a National Cooperative Soil soil temperature. Typically, the loam than one third of the entire area, or Survey, a joint effort of the United surface layer is underlain by a loam and 87,466 acres, lies above 1200 feet States Department of Agriculture and clay loam subsoil. Soft sandstone is elevation. Of these 87,466 acres, other Federal agencies, State agencies found underneath at a depth of 40 to 60 approximately 1500 to 2000 acres or 2% including the Agricultural Experiment inches. This soil occurs on hilly and of the narrow timber covered ridge-tops Stations and local agencies. mountainous uplands with slopes of 9 are suitable for grape production. There The area is dominated by timber type to 75 percent. The vegetation is mainly are approximately 75 acres of grapes soils and is clearly separated from Douglas fir and redwood. Average pH is currently growing within the boundaries surrounding soils at the ‘‘Mendocino not available. of the viticultural area. These 75 acres Ridge’’ boundary. To the west is the are located in isolated pockets carved Pacific Ocean. To the northeast are the 4. Gube out of dense redwood and douglas fir fertile alluvial valley soils of the This soil is moderately deep, well- forest along the ridge-tops above the Anderson Valley and to the southeast drained soil formed in material coastal fog line. Summer mornings are are the upland grass range soils of the weathered from sandstone. Gube soils Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55515 are on mountains and have slopes of 30 found on Xeric-mesic soils are interior Yorkville Area, east of Highway 128, to 75 percent. The vegetation is mainly live oak, California black oak, Oregon long, sweeping slopes lie within the Douglas fir and redwood. Average pH is white oak, Eastwood manzanita, toyon Transitional Climatic Zone, receiving 5.4. rose, bedstraw and annual bromes. The much more sun and inland weather specific Xeric-mesic type soils of the influences. These inland weather 5. Fish Rock Yorkville upland area contrast with the influences mean the Yorkville area’s This soil is a shallow, well-drained soils in the ‘‘Mendocino Ridge’’ average temperatures are cooler in the soil formed in material weathered from viticultural area. winter and hotter in the summer and the sandstone or mudstone. Fish Rock soils In summary, the soils of the growing season is shorter, averaging are on ridgetops and upper sideslopes of ‘‘Mendocino Ridge’’ viticultural area are between 250 and 275 days in length. coastal hills and mountains and have dominated by ‘‘timber’’ type soils with The average annual precipitation is only slopes of 2 to 30 percent. The vegetation redwood, Douglas fir, tanoak, and 49.46 inches a year. Source: The Climate is mainly Douglas fir and redwood. Pacific madrone being the dominant of Mendocino County, Mendocino Average pH is 4.8. vegetation. These soils are well drained County Farm and Home Advisors 6. Snook Series and have little or no summer to winter Office, page 10. With regard to soil temperature variations. In contrast, Anderson Valley, it lies under the fog This soil is a very shallow, somewhat the soils of the surrounding areas are the layer, receiving fewer sunlight hours excessively drained soil formed in deep alluvial Anderson Valley soils to than the ‘‘Mendocino Ridge,’’ grape material weathered from sandstone and the northeast and the upland rangeland growing areas which are entirely above shale. Snook soils are on mountains and soils of the Yorkville area to the the fogline. The average annual have slopes of 30 to 75 percent. The southwest. precipitation is only 40.68 inches a year. vegetation is mainly Douglas fir and Source: The Climate of Mendocino redwood. Average pH is 5.6. Climate County, Mendocino County Farm and The ‘‘Mendocino Ridge’’ viticultural 7. Kibesillah Home Advisors Office, page 10. area lies entirely within the Coastal This soil is moderately deep and well- Climate Zone as defined by The Climate Boundaries drained and was formed in material Of Mendocino County, a booklet The boundary lines of the weathered from sandstone. Kibesillah published by the Mendocino County ‘‘Mendocino Ridge’’ viticultural area soils are on hills and mountains and Farm and Home Advisors Office. The closely follow the line of Coastal Zone have slopes of 9 to 100 percent. The Coastal Climate Zone is cooled by the influence, above 1200 feet elevation in vegetation is mainly Douglas fir and ocean influence of the Pacific. This the southwest corner of Mendocino redwood. Average pH is 5.5 Zone is continuous from north to south The above soils contrast with the soils County, California. The boundaries of along the ‘‘Mendocino Ridge’’ the area may be found on the following to the northeast and southeast of the viticultural area boundary and is ‘‘Mendocino Ridge’’ viticultural area. U.S. Department of Interior Geological commonly referred to as the redwood Survey 15 minute series Quadrangle Along the northeast border of the belt. The area is dominated by the ‘‘Mendocino Ridge’’ viticultural area are maps: influence of the Pacific Ocean at its (1) Ornbaun Valley Quadrangle, the deep alluvial soils of the Anderson western border throughout the year, California, 1960 Valley and Mendocino viticultural area unlike the area to the east of the (2) Navarro Quadrangle, California, bottom land. These fertile soils were ‘‘Mendocino Ridge’’ viticultural area 1961. identified by the USDA soil which is within the Transitional (3) Point Arena Quadrangle, conservation service of the Mendocino Climate Zone. ‘‘Transitional’’ means the California, 1960. County bottom lands completed in area’s climate is subject to both the (4) Boonville Quadrangle, California, 1973. These soils are: CeB, Cole Clay ocean’s cooling influences and the 1959. Loam Wet; JaF, Jesephine Loam; TaC, warmth of the interior areas at different Talmadge; Gravelly Sandy Loam; SeB, times of the year. Paperwork Reduction Act San Ysidro Loam; EdA, Esparto Silt The ‘‘Mendocino Ridge’’ viticultural The provisions of the Paperwork Loam, Wet; PbC, Pinole Gravelly Loam; area is unique from other coastal Reduction Act of 1995, 44 U.S.C. MdB, Maywood Sandy Loam, viticultural areas because of its Chapter 35, and its implementing occasionally flooded, and; FcA, elevation of 1200 feet or higher. The regulations, 5 CFR Part 1320, do not Fluvents, frequently flooded. Along the elevation line being at approximately apply to this notice because no southeast border of the ‘‘Mendocino the fog line means that while the valleys requirement to collect information is Ridge’’ viticultural area are the Xeric- may be full of coastal fog, the vineyards proposed. mesic soils of the Yorkville corridor east are fully exposed to the sun while Regulatory Flexibility Act of Highway 128 along the sweeping, receiving the cooling influences of the grassy, oak studded slopes. These soils fog. It is hereby certified that this are grass, oak, and brush covered. The The ‘‘Mendocino Ridge’’ area has both regulation will not have a significant Yorkville soils are subject to little or no a rainy and dry season of moderate economic impact on a substantial coastal influence, unlike the soils in the temperature. The rainy season occurs number of small entities. The ‘‘Mendocino Ridge’’ viticultural area from November through May. The establishment of a viticultural area is which are dominated by the coastal average annual temperature for the area neither an endorsement nor approval by influence. Soils are usually dry from is about 53 degrees Fahrenheit, and the ATF of the quality of wine produced in early June to October. The soil average annual precipitation is 75+ the area, but rather an identification of temperature at 20 inches in depth varies inches a year. Because of the area’s an area that is distinct from surrounding by more than 9 degrees between coastal influence the average length of areas. ATF believes that the summer and winter unlike the Ustic- the growing season is from 275 to 300 establishment of viticultural areas isomestic soils of the ‘‘Mendocino days. merely allows wineries to more Ridge’’ viticultural area which do not The climate in the adjacent growing accurately describe the origin of their vary. The vegetation types commonly regions is strikingly different. In the wines to consumers, and helps 55516 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations consumers identify the wines they the boundary description that follows, Signed: September 3, 1997. purchase. Thus, any benefit derived the viticultural area starts at the 1200 John W. Magaw, from the use of a viticultural area name foot elevation (contour line) and Director. is the result of the proprietor’s own encompasses all areas at or above the Approved: September 24, 1997. efforts and consumer acceptance of 1200 foot elevation line. The boundaries John P. Simpson, wines from that region. No new of the Mendocino Ridge viticultural requirements are proposed. area, using landmarks and points of Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement). Accordingly, a regulatory flexibility reference found on appropriate U.S.G.S. analysis is not required. maps, follow. [FR Doc. 97–28280 Filed 10–24–97; 8:45 am] (1) Beginning at the Mendocino/ BILLING CODE 4810±31±P Executive Order 12866 Sonoma County line at the mouth of the It has been determined that this Gualala River, where the Gualala River regulation is not a significant regulatory empties into the Pacific Ocean, in DEPARTMENT OF DEFENSE action as defined by Executive Order section 27 of Township 11 North 12866. Accordingly, this final rule is not (T11N), Range 5 West (R5W), located in Office of the Secretary subject to the analysis required by this the southeastern portion of U.S.G.S. 15 32 CFR Part 67 Executive Order. minute series map, ‘‘Point Arena, [DoD Instruction 1215.17] Drafting Information California;’’ (2) Then following the Mendocino/ The principal author of this document Sonoma County line eastward to the Educational Requirements for is David W. Brokaw, Wine, Beer, and southeast corner of section 8 in T11N/ Appointment of Reserve Component Spirits Regulations Branch, Bureau of R13W, on the U.S.G.S. 15 minute map, Officers to a Grade Above First Alcohol, Tobacco, and Firearms. ‘‘Ornbaun Valley, California;’’ Lieutenant or Lieutenant (Junior (3) Then from the southeast corner of Grade) List of Subjects in 27 CFR Part 9 section 8 in T11N/R13W directly north AGENCY: Department of Defense. Administrative practices and approximately 3+ miles to the ACTION: Final rule. procedures, Consumer protection, southwest corner of section 9 in T12N/ Viticultural areas, Wine. R13W; SUMMARY: Publishes DoD guidelines for Authority and Issuance (4) Then proceeding in a straight line implementing policy, assigns in a northwesterly direction to the responsibilities, and prescribes Title 27, Code of Federal Regulations, southwestern corner of section 14 in procedures for identifying criteria for part 9, American Viticultural Areas, is T13N/R14W; determining educational institutions amended as follows: (5) Then directly north along the which award baccalaureate degrees that western line of section 14 in T13N/ PART 9ÐAMERICAN VITICULTURAL satisfy the educational requirement of R14W to a point on the western line of officers to a grade above First Lieutenant AREAS 1 section 14 approximately ⁄4 from the in the Army Reserve, Air Force Reserve, 1. The authority citation for part 9 top where the Anderson Valley and Marine Corps Reserve, or continues to read as follows: viticultural area boundary intersects the Lieutenant (Junior Grade) in the Naval western line of section 14 in T13N/ Authority: 27 U.S.C. 205. Reserve, or for officers to be federally R14W; recognized in a grade above First Subpart CÐApproved American (6) Then in a straight line, in a Lieutenant as a member of the Army Viticultural Areas northwesterly direction, to the National Guard or the Air National intersection of an unnamed creek and Guard. Par. 2. Subpart C is amended by the south section line of section 14, EFFECTIVE DATE: adding § 9.158 to read as follows: T14N/R15W, on the U.S.G.S. 15 minute This rule is effective October 27, 1997. * * * * * series map, ‘‘Boonville, California;’’ (7) Then in a westerly direction along FOR FURTHER INFORMATION CONTACT: § 9.152 Mendocino Ridge. the south section lines of sections 14 Colonel Rowan W. Bronson, OASD/RA (a) Name. The name of the viticultural and 15 in T14N/R15W to the southwest (M&P), (703) 693–7490. area described in this section is corner of section 15, T14N/R15W, on SUPPLEMENTARY INFORMATION: It has been ‘‘Mendocino Ridge.’’ the U.S.G.S. 15 minute series map, determined that this amendment is not (b) Approved maps. The appropriate ‘‘Navarro, California;’’ a significant regulatory action. This final maps for determining the boundary of (8) Then in a northerly direction along rule does not: the Mendocino Ridge viticultural area the western section lines of sections 15, (1) Have an annual effect on the are four 1:62,500 scale U.S.G.S. 10, and 3 in T14N/R15W in a straight economy of $100 million or more or topographical maps. They are titled: line to the intersection of the Navarro adversely affect in a material way the (1) Ornbaun Valley Quadrangle, River on the western section line of economy; a section of the economy; California, 15 minute series topographic section 3 in T14N/R15W; productivity; competition; jobs; the map, 1960. (9) Then in a northwesterly direction environment; public health or safety; or (2) Navarro Quadrangle, California, 15 along the Navarro River to the mouth of State, local, or tribal governments of minute series topographic map, 1961. the river where it meets the Pacific communities. (3) Point Arena Quadrangle, Ocean in section 5 of T15N/R17W; (2) Subject to the Regulatory California, 15 minute series topographic (10) Then in a southern direction Flexibility Act and does not impose any map, 1960. along the Mendocino County coastline reporting or recordkeeping requirements (4) Boonville Quadrangle, California, to the Mendocino/Sonoma County line under the Paperwork Reduction Act of 15 minute series topographic map, 1959. to the beginning point at the mouth of 1980. (c) Boundary. The Mendocino Ridge the Gualala River in section 27 of T11N/ (3) Create a serious inconsistency or viticultural area is located within R15W, on the U.S.G.S. 15 minute series otherwise interfere with an action taken Mendocino County, California. Within map, ‘‘Point Arena, California.’’ or planned by another Agency.