Cucamonga Valley Viticultural Area (94F-011P)

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 802]

RIN 1512-AA07

Cucamonga Valley Viticultural Area (94F-011P)

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

the Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is

considering the establishment of a viticultural area located in San

Bernardino and Riverside Counties, California, to be known as

``Cucamonga Valley.'' This proposal is the result of a petition filed

by Gino L. Filippi of J. Filippi Vintage Co. on behalf of himself and

other growers and wineries in the area.

ATF believes that the establishment of viticultural areas and the

subsequent use of viticultural area names as appellations of origin in

wine labeling and advertising allows wineries to designate the specific

areas where the grapes used to make the wine were grown and enables

consumers to better identify the wines they purchase.

DATES: Written comments must be received by January 31, 1995.

ADDRESSES: Send written comments to: Chief, Wine, Beer and Spirits

Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, P.O. Box

50221, Washington, DC 20091-0221, Attn: Notice No. 802. Copies of

written comments received in response to this notice of proposed

rulemaking will be available for public inspection during normal

business hours at: ATF Reference Library, Room 6480, 650 Massachusetts

Avenue, NW, Washington, DC 20226.

FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Wine, Beer and

Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms,

650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8230).

SUPPLEMENTARY INFORMATION:

Background

On August 23, 1978, ATF published Treasury Decision ATF-53 (43 FR

37672, 54624) revising regulations in 27 CFR part 4. These regulations

allow the establishment of definite American viticultural areas. The

regulations also allow the name of an approved viticultural area to be

used as an appellation of origin in the labeling and advertising of

wine.

On October 2, 1979, ATF published Treasury Decision ATF-60 (44 FR

56692) which added a new part 9 to 27 CFR, providing for the listing of

approved American viticultural areas. Section 4.25a(e)(1), Title 27,

CFR, defines an American viticultural area as a delimited grape-growing

region distinguishable by geographical features, the boundaries of

which have been delineated in subpart C of part 9. Section 4.25a(e)(2)

outlines the procedure for proposing an American viticultural area. Any

interested person may petition ATF to establish a grape-growing region

as a viticultural area. The petition should include:

(a) Evidence that the name of the proposed viticultural area is

locally and/or nationally known as referring to the area specified in

the petition;

(b) Historical or current evidence that the boundaries of the

viticultural area are as specified in the petition;

(c) Evidence relating to the geographical features (climate, soil,

elevation, physical features, etc.) which distinguish the viticultural

features of the proposed area from surrounding areas;

(d) A description of the specific boundaries of the viticultural

area, based on features which can be found on United States Geological

Survey (U.S.G.S.) maps of the largest applicable scale; and

(e) A copy of the appropriate U.S.G.S. map(s) with the boundaries

prominently marked.

Petition

ATF has received a petition from Gino L. Filippi of J. Filippi

Vintage Co. proposing to establish a viticultural area in San

Bernardino County, California, to be known as ``Cucamonga Valley.'' The

proposed viticultural area is located in southern California, about 45

miles east of the city of Los Angeles. It contains approximately

109,400 acres. The petitioner states that wine grapes, probably the

mission variety, were first planted in the Cucamonga Valley in 1839 or

1840, ``undoubtedly one of the first large plantings of grapes in

California.'' According to the petitioner the wine industry in the

Cucamonga Valley grew during the late nineteenth and early twentieth

centuries, reaching ``its peak in the 1940's and 1950's with over 60

wineries producing from approximately 35,000 acres.'' Today, there are

five bonded wineries within the proposed area, and approximately 2,000

acres are planted to wine grapes. The petitioner notes ``the area's

great history and heritage of wine growing and winemaking is truly more

impressive than the number of acres currently farmed.''

The petition was also signed by Philo Biane of Rancho de Philo

Winery, Rene Biane of Guasti Plaza, Don Galleano of Galleano Winery,

Paul Hofer III of Hofer Ranch, LeAnn Smothers of the City of Rancho

Cucamonga, and Jeff Wilson, of Inland Empire West Resource Conservation

District.

Evidence of Name

Evidence that the name of the proposed area is locally and/or

nationally known as referring to the area specified in the petition

includes:

(a) Leon D. Adams, in The Wines of America, describes the Cucamonga

Valley as follows:

The Cucamonga Valley, forty-five miles east of Los Angeles, has

grown the bulk of Southern California wine during the present

century. The vineyard area extends from Ontario east to Fontana and

from the base of the San Gabriel Mountains southward to the Jurupa

Hills in Riverside County. The climate, though tempered by winds

from the ocean, is as warm as the northern San Joaquin Valley and is

classed as Region IV.

(b) The petitioner provided a copy of an article published in The

Sun, a San Bernardino, California, newspaper, on March 30, 1994. The

article, titled ``Fontana winery soaks up more awards,'' described

awards won by two wines from J. Filippi Vintage Co. at a recent

competition and stated that the ``Ruby Port is produced from Cucamonga

Valley grapes, renowned for sherry and port wines.''

(c) The petitioner also provided an excerpt of a letter dated

August 20, 1991, from the San Bernardino County Archives to the

Riverside County Historical Commission discussing designation of the

Galleano Winery as a landmark. The excerpt makes several references to

the Cucamonga Valley, mentioning locations within the proposed area

such as Rancho Cucamonga, Fontana, Ontario and Mira Loma.

Evidence of Boundaries

As evidence that the proposed boundaries for the area are as

specified in the petition, the previously cited excerpt from The Wines

of America, by Leon D. Adams, states that the vineyard area of the

Cucamonga Valley ``extends from Ontario east to Fontana and from the

base of the San Gabriel Mountains southward to the Jurupa Hills in

Riverside County.'' The San Gabriel Mountains form the northern

boundary of the proposed area, and the Jurupa Hills form the eastern

part of the southern boundary. The towns of Fontana and Ontario are

both within the proposed area.

The petitioner proposes using the 560' elevation line as the

western portion of the southern boundary. He states the area south of

that elevation has poor drainage and is mainly used for dairy farming.

In support of Euclid Avenue as the western boundary for the

proposed viticultural area, the petitioner gave historical information.

He stated that the area west of Euclid Avenue ``was subjected to

flooding from the San Antonio Canyon. In the 1940's several flood

control construction projects began to solve the problem. Historically,

agriculture in this area (Upland, CA) was citrus (lemons and

oranges).'' He stated that citrus trees were grown there because there

was a good water source and better drainage than within the proposed

viticultural area to the east of Euclid Avenue.

The eastern boundary, made up of Lytle Creek Wash, Warm River, and

the Santa Ana River, marks a shift in the type of soil and the ability

of the soils to drain. These characteristics will be discussed in

detail in the section of the background material on soils.

Geographical Features

The petitioner describes the proposed viticultural area as follows:

Cucamonga Valley is an east-west oriented valley. The San

Gabriel mountains form the valley's northern boundary. The San

Antonio Creek, Cucamonga Creek, Deer Creek, Day Creek, San Sevaine

Creeks, from west to east respectively, spread out to form alluvial

fans as they descend the foothills and emerge in the Cucamonga

Plain. These fans contain sand and silt deposits that create a rich

mixture of fertile soil.

The petitioner seeks viticultural area designation for the area

described above and the valley drained by the Cucamonga Creek to the

south of this alluvial fan. According to the petitioner, these areas

share characteristics of topography, soil composition and climate which

distinguish the proposed viticultural area from the surrounding areas.

The petitioner provided the following evidence to support his claims:

Topography

The U.S.G.S. topographic maps submitted by the petitioner show the

proposed area slopes gradually from 2,000 feet at the northern boundary

to 560 feet at the southern boundary. The petitioner describes the San

Gabriel mountains to the north of the proposed area as ``a great wall,

from 8,000 to 10,000 feet high.'' The Jurupa Mountains to the southeast

of the proposed area offer another contrast as they rise steeply from

the valley floor to form part of the southern boundary. The balance of

the southern boundary, the 560 foot contour line, was chosen because

the area at lower elevations was poorly drained and was traditionally

used for dairy farming; furthermore, the nearby Prado Dam is scheduled

to be raised, so the area to the south of the 560 foot contour line

will be flooded.

Soil

The petitioner describes the soil in the proposed area as

``alluvial valley floors, fans and terraces . . . derived from granitic

rock from the San Gabriel formation in the north.'' He further states

that the wine grape vineyards in the region are ``found to be located

on Delhi, Hanford, Tujunga, Gorgonio and Hilmar soil series'' and

``most vineyards are nearly level to moderately sloping (0-15O).''

The General Soil Map for southwestern San Bernardino County

describes these associations as very deep, ``dominantly brownish soils

that are coarse textured throughout'' and ``somewhat excessively

drained to excessively drained.'' On this map, the proposed eastern

boundary in particular is distinguished by a change in the soil

composition to the Hanford-Greenfield-San Emigdio association, finer

textured and less well drained than the soils within the proposed area.

The mountainous areas to the north and southeast of the proposed area

have shallower soils over granite, schist and sandstone.

Climate

The petitioner states that the climate in the proposed area is

``well-suited for viticulture. * * * There are relatively few nights

below freezing in the winter and summer days can be very hot, reaching

temperatures over 100 degrees Fahrenheit.'' According to the

petitioner, the climate is classed as Region IV, with a heat summation

in the 3,501 to 4,000 degree F. range. He states this corresponds to

the Ukiah, Davis and Lodi areas of California, and is warmer than the

Santa Barbara, Santa Rosa and Santa Maria areas to the north and the

Temecula and Rancho California areas to the south.

Proposed Boundary

The boundary of the proposed Cucamonga Valley viticultural area may

be found on ten United States Geological Survey (U.S.G.S.) maps with a

scale of 1:24000. The boundary is described in Sec. 9.150.

Executive Order 12866

It has been determined that this proposed regulation is not a

significant regulatory action as defined in Executive Order 12866.

Accordingly, this proposal is not subject to the analysis required by

this Executive Order.

Regulatory Flexibility Act

It is hereby certified that this regulation will not have a

significant economic impact on a substantial number of small entities.

Any benefit derived from the use of a viticultural area name is the

result of the proprietor's own efforts and consumer acceptance of wines

from a particular area. No new recordkeeping or reporting requirements

are proposed. Accordingly, a regulatory flexibility analysis is not

required.

Paperwork Reduction Act

The provisions of the Paperwork Reduction Act of 1980, Public Law

96-511, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR

part 1320, do not apply to this notice of proposed rulemaking because

no requirement to collect information is proposed.

Public Participation

ATF requests comments from all interested parties. We are

particularly interested in comments concerning the proposed western

boundary, Euclid Avenue. Comments received on or before the closing

date will be carefully considered. Comments received after that date

will be given the same consideration if it is practical to do so, but

assurance of consideration cannot be given except as to comments

received on or before the closing date.

ATF will not recognize any comment as confidential. Comments may be

disclosed to the public. Any material which a commenter considers to be

confidential or inappropriate for disclosure to the public should not

be included in the comment. The name of the person submitting a comment

is not exempt from disclosure. During the comment period, any person

may request an opportunity to present oral testimony at a public

hearing. However, the Director reserves the right to determine, in

light of all circumstances, whether a public hearing will be held.

Drafting Information

The principal author of this document is Marjorie D. Ruhf, Wine,

Beer and Spirits Regulations Branch, Bureau of Alcohol, Tobacco and

Firearms.

List of Subjects in 27 CFR Part 9

Administrative practices and procedures, Consumer protection,

Viticultural areas, and Wine.

Authority and Issuance

Title 27, Code of Federal Regulations, part 9, American

Viticultural Areas, is proposed to be amended 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. Subpart C is amended by adding Sec. 9.150 to read as

follows:

Subpart C--Approved American Viticultural Areas

* * * * *

Sec. 9.150 Cucamonga Valley.

(a) Name. The name of the viticultural area described in this

section is ``Cucamonga Valley.''

(b) Approved maps. The appropriate maps for determining the

boundary of the Cucamonga Valley viticultural area are the following

ten U.S.G.S. topographical maps (7.5 minute series 1:24000 scale):

(1) ``Mt. Baldy, Calif.,'' 1967, photorevised 1988.

(2) ``Cucamonga Peak, Calif.,'' 1966, photorevised 1988.

(3) ``Devore, Calif.,'' 1966, photorevised 1988.

(4) ``San Bernardino North, Calif.,'' 1967, photorevised 1988.

(5) ``Ontario, Calif.,'' 1967, photorevised 1981.

(6) ``Guasti, Calif.,'' 1966, photorevised 1981.

(7) ``Fontana, Calif.,'' 1967, photorevised 1980.

(8) ``San Bernardino South, Calif.,'' 1967, photorevised 1980.

(9) ``Prado Dam, Calif.,'' 1967, photorevised 1981.

(10) ``Corona North, Calif.,'' 1967, photorevised 1981.

(c) Boundary. The Cucamonga Valley viticultural area is located in

San Bernardino and Riverside Counties, California. The boundary is as

follows:

(1) The beginning point is the intersection of Euclid Avenue and

24th Street on the Mt. Baldy, Calif. U.S.G.S. map;

(2) From the beginning point, the boundary follows 24th Street east

for approximately 0.3 mile, until it reaches the intersection of 24th

Street with two unnamed light-duty streets to the north;

(3) The boundary then diverges from 24th Street and goes straight

north for approximately 0.3 mile, until it reaches the 2,000 foot

contour line;

(4) The boundary then follows the 2,000 foot contour line in a

generally easterly direction across the Cucamonga Peak, Calif.,

U.S.G.S. map and onto the Devore, Calif., U.S.G.S. map until it reaches

Lytle Creek Wash;

(5) The boundary follows the intermittent stream in Lytle Creek

Wash in a southeasterly direction to the end of the intermittent stream

on the Devore, Calif., U.S.G.S. map;

(6) The boundary then continues through Lytle Creek Wash,

proceeding southeast in a straight line from the end of the

intermittent stream, across the southwest corner of the San Bernardino

North, Calif., U.S.G.S. map and onto the San Bernardino, South, Calif.,

U.S.G.S. map, to the northernmost point of the flood control basin at

the end of the Lytle Creek Wash, a distance of approximately 4.3 miles;

(7) The boundary then proceeds in a straight line south-southeast

across the flood control basin to the point where Lytle Creek Channel

exits the basin;

(8) The boundary continues along Lytle Creek Channel until it

empties into Warm Creek;

(9) The boundary then follows Warm Creek until it meets the Santa

Ana River;

(10) The boundary then follows the western edge of the Santa Ana

River in a generally southwesterly direction until it meets the San

Bernardino--Riverside County line;

(11) The boundary follows the county line west, crossing onto the

Guasti, Calif., U.S.G.S. map, until it reaches the unnamed channel

between Etiwanda and Mulberry Avenues (identified by the petitioner as

Etiwanda Creek Channel);

(12) The boundary then follows Etiwanda Creek Channel in a

southerly direction until it parallels Bain Street;

(13) The boundary then diverges from Etiwanda Creek Channel and

follows Bain Street south until it ends at Limonite Avenue in the

northeast corner of the Corona North, Calif., U.S.G.S. map;

(14) The boundary then continues south in a straight line until it

reaches the northern shore of the Santa Ana River;

(15) The boundary then follows the north shore of the Santa Ana

River until it intersects the 560 foot contour line in Section 1 T3S/

R7W;

(16) The boundary then follows the 560' contour line to the north

of the Santa Ana River in a generally westerly direction until it

reaches Euclid Avenue on the Prado Dam, Calif., U.S.G.S. map;

(17) The boundary then follows Euclid Avenue north to the point of

beginning.

Approved: November 8, 1994.

Daniel R. Black,

Acting Director.

[FR Doc. 94-29632 Filed 12-1-94; 8:45 am]

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