Seiad Valley Viticultural Area

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 787 and 93F-022P]

RIN 1512-AA07

Seiad Valley Viticultural Area

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

Siskiyou County, California, to be known as ``Seiad Valley.'' This

proposal is the result of a petition filed by Brian J. Helsaple of

Seiad Valley Vineyards. 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 March 14, 1994.

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

Bureau of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, DC

20091-0221, Attn: Notice No. 787. 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, Office of Public Affairs and Disclosure, room 6300, 650

Massachusetts Avenue, NW., Washington, DC 20226.

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

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 Brian J. Helsaple of Seiad Valley

Vineyards proposing to establish a viticultural area in Siskiyou

County, California, to be known as ``Seiad Valley.'' The proposed

viticultural area is located in northwestern California, about 15 miles

south of the Oregon border. It contains approximately 2160 acres, of

which approximately 2.5 acres are planted to vineyards. Seiad Valley

Vineyards is the only commercial grower and the only wine producer

currently active within the proposed viticultural area.

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) The U.S.G.S. map used to show the boundaries of the proposed

area (the Seiad Valley Quadrangle 7.5 minute series map) uses the name

``Seiad Valley'' to describe the area immediately surrounding Seiad

Creek, corresponding to the portion of the proposed area which is north

of the Klamath River. The map also shows the town of Seiad Valley

within this area. The map shows no separate designation for the portion

of the proposed area south of the Klamath River, which is drained by

Grider Creek.

(b) The petitioner provided excerpts from the 1957 issue of

Siskiyou Pioneer, an annual publication of the Siskiyou County

Historical Society, which discuss the history of the name Seiad Valley,

and local understanding of the extent of the area known as Seiad, or

Seiad Valley. ``Sciad,'' by Betty Livingston and Hazel Davis, states

the name Seiad was originally spelled Sciad, and the creek and valley

were called that by the trappers ``before the prospectors came in

1850.'' Sometime after 1871, the spelling of the name changed to Seiad.

In ``Gold Mining from Scott Bar to Happy Camp,'' by J.B. Grider, the

following description appears:

Seiad is a small valley two miles long and one mile wide * * *

There are two large creeks in Seiad, Grider Creek and Seiad Creek.

Grider Creek flows north into the Klamath from the Marble Mountain

territory. Seiad creek flows south into the Klamath from the

Siskiyous and Red Mountain.''

(c) The petitioner also provided a copy of a claim document dated

August 26, 1942, which states the Grider Creek mining claim is

``situate in the Seiad Mining District.''

Evidence of Boundaries

The petitioner has defined the proposed area primarily by its

elevation, using the 1600 and 1800 foot contour lines. As evidence that

the proposed boundaries for the area are as specified in the petition,

the petitioner states that the vegetation within and outside the area

provides a dramatic contrast. Within the proposed area, cottonwood, oak

and willow trees and wild blackberries and grapes grow in addition to

the cultivated crops. Outside the proposed area, on the higher slopes

of the surrounding mountains, conifers such as cedar, Douglas fir and

Ponderossa pine predominate in the thin, eroded soils with scant summer

moisture.

Geographical Features

The proposed viticultural area consists of the valleys drained by

Seiad Creek and Grider Creek, which both flow into the Klamath River in

northwestern California. According to the petitioner, these valleys and

an expanse of land along the Klamath River which connects them 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 map submitted by the petitioner shows the

proposed area is a relatively flat area varying in elevation from 1,400

to 1,600 feet, with a small portion as high as 1,800 feet, surrounded

by steeply rising terrain. Outside the area, the elevation ranges from

2,000 to 2,800 feet, with peaks exceeding 3,000 feet on all sides, and

some peaks as high as 3,900 feet. The petitioner explains that snow

melt, runoff, and erosion from these higher areas into the valley

create a contrast in both the quality of soils and the availability of

water within and outside the proposed area. The lower elevation within

the proposed area also contributes to more moderate temperatures there.

Soil

The petitioner states that the valley floor ``is composed of deep

fertile soil mixtures of loam, sand, clay and rocks eroded from the

surrounding mountain slopes.'' According to a draft environmental

impact report prepared in 1975 by the California Department of

Transportation, the valley floor is ``mostly alluvium deposits which

were widely dredged and hydraulically mined for gold. Chromite was also

mined within the Seiad Valley area.'' Dredging left ``tailings,'' or

piles of rounded rocks, wherever the dredge operated. The petitioner

states that these granite-dominated rock tailings store heat during the

day and provide protection against frost in spring and fall.

Climate

The petitioner provided the following material related to the

climate in the area:

(a) An article in the Pioneer Press of September 16, 1992, titled

``Rock-pile grapevines surprising all experts,'' contrasted Siskiyou

County growing conditions with those in Seiad Valley vineyard: ``What's

stopped the area from becoming a wine-producing area are the erratic

late spring freezes in the zone where elevations are low enough to even

make it possible. And in some of the county's lowest elevation areas,

the precipitation levels are too high.'' The article stated the rock

tailings in his vineyard ``may give Helsaple just the edge he needs to

be the county's first successful longterm wine grape grower.''

(b) The Sunset New Western Garden Book, 1979 edition, climate map

of northern California and western Nevada showed Seiad Valley as Zone

7, and characterizes a Zone 7 climate as having hot summers and mild

but pronounced winters, favorable for deciduous fruit that requires a

marked seasonal pattern.

Proposed Boundary

The boundary of the proposed Seiad Valley viticultural area may be

found on one United States Geological Survey (U.S.G.S.) map with a

scale of 1:24000. The boundary is described in Sec. 9.148.

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 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 application of the name

``Seiad Valley'' to the area south of the Klamath River, which is

drained by Grider Creek. 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 and

Beer 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. 9.148 to read as

follows:

Subpart C--Approved American Viticultural Areas

* * * * *

Sec. 9.148 Seiad Valley.

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

section is ``Seiad Valley.''

(b) Approved map. The appropriate map for determining the boundary

of the Seiad Valley viticultural area is a U.S.G.S. 7.5 minute series

topographical map of the 1:24000 scale, titled ``Seiad Valley,

Calif.,'' 1980.

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

Siskiyou County, California. The boundary is as follows:

(1) The beginning point is the intersection of the 1600 foot

contour line with the power transmission line north of the Klamath

River, near Mile 130;

(2) From the beginning point, the boundary follows the 1600'

contour line in a generally northeasterly direction until it reaches

the intersection of an unnamed light duty road and an unimproved road

just west of Canyon Creek;

(3) The boundary then follows the unimproved road north to its end,

then goes east in a straight line until it reaches the 1800' contour

line;

(4) The boundary then follows the 1800' contour line in a

northeasterly direction to the point, near Sawmill Gulch, where the

contour line crosses Seiad Creek and turns south and west;

(5) The boundary continues to follow the 1800' contour line as it

proceeds southwest for approximately 4.5 miles, then turns sharply

south-southeast for approximately 0.3 miles, until the contour line

turns sharply east at a point just north of the Klamath River;

(6) The boundary then diverges from the 1800' contour line and

proceeds south-southeast in a straight line, across the Klamath River

and State route 96, until it intersects with the 1600' contour line;

(7) The boundary then follows the 1600' contour line south and

west, then north and west, roughly following the course of the Klamath

River, until it reaches an unnamed peak 1744 feet high;

(8) The boundary continues along the 1600' contour line as it

diverges from the Klamath River and proceeds south, just to the east of

an unnamed light duty road, to the point where that road crosses Grider

Creek;

(9) The boundary diverges from the contour line and proceeds west

in a straight line across the road and Grider Creek until it intersects

with the 1600' contour line on the west side of Grider Creek;

(10) The boundary then follows the 1600' contour line north, west

and north again until it reaches a point where the contour line turns

west, just south of the Klamath River;

(11) The boundary diverges from the 1600' contour line and proceeds

in a straight line in a northeasterly direction, back to the point of

beginning.

Approved: December 28, 1993.

Daniel R. Black

Acting Director

[FR Doc. 94-477 Filed 01-10-94; 8:45 am]

BILLING CODE 4810-31-U