Redwood Valley Viticultural Area (95R-053P)

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 838]

RIN 1512-AA07

Redwood Valley Viticultural Area (95R-053P)

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

ACTION: Notice of Proposed Rulemaking.

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

received a petition for the establishment of a viticultural area

located within the east central interior portion of Mendocino County,

California to be known as ``Redwood Valley,'' under 27 CFR part 9. This

proposal is the result of a petition submitted by Mr. Timothy R.

Buckner and prepared by Mr. Buckner, Mr. Jefferson Hinchliffe, Mr.

Ulysses Lolonis, and Rudolph H. Light. The petition was signed by 20

growers and winemakers in ``Redwood Valley.'' In addition, 4 letters of

support for the proposed area have been received from growers and

winemakers in the proposed area. ``Redwood Valley'' is an

unincorporated rural community in Mendocino County of northwestern

California with approximately 6,000 people spread out over about 35

square miles. It is currently the home of seven wineries that produce

varietal wines distributed around the world. There are 66 vineyard

owners farming 2,371 acres of wine grapes.

DATES: Written comments must be received by October 18, 1996.

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

Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, PO Box

50221, Washington, DC 20091-0221 (Attn: Notice No. 838). Copies of the

petition, the proposed regulations, the appropriate maps, and written

comments will be available for public inspection during normal business

hours at: ATF Public Reading Room, Office of Public Affairs and

Disclosure, Room 6480, 650 Massachusetts Avenue, NW, Washington, DC.

FOR FURTHER INFORMATION CONTACT: David W. Brokaw, Wine, Beer, and

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

650

[[Page 46404]]

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 definitive viticultural areas. The

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

as an appellation of origin on wine labels and in wine advertisements.

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, the names of which may be used as

appellations of origin.

Section 4.25a(e)(l), title 27, CFR, defines an American

viticultural area as a delimited grape-growing region distinguishable

by geographic features, the boundaries of which have been delineated in

subpart C of part 9.

Section 4.25a(e)(2), title 27, CFR, 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 characteristics (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 (or copies) of the appropriate U.S.G.S. map(s) with the

proposed boundaries prominently marked.

Petition

ATF has received a petition from Mr. Timothy Buckner proposing to

establish a new viticultural area located within the east central

interior portion of Mendocino County, California to be known as

``Redwood Valley,'' under 27 CFR part 9.

There are currently seven wineries in ``Redwood Valley.'' The dates

they were bonded are as follows: Fetzer (1968), Weibel (1972), Frey

(1980), Lolonis (1983), Elizabeth (1987), Konrad (1989), and Gabrielli

(1991).

Evidence That the Name of the Proposed Area Is Locally or Nationally

Known

The petitioner states that, ``Redwood Valley'' is an unincorporated

rural community in Mendocino County of northwestern California with

approximately 6,000 people spread out over about 35 square miles.

According to the petitioner, it is currently the home of seven wineries

that produce premium to ultra premium varietal wines distributed around

the world. According to the petitioner, ``Redwood Valley'' grapes are

used in vineyard designated wines made by wineries throughout the

region. The petitioner further states that, there are 66 vineyard

owners farming 2,371 acres of wine grapes in Redwood Valley. There are

855 acres of white winegrapes (36%) and 1,516 (64%) planted in red

varieties in Redwood Valley according to the petitioner.

History and Tradition

According to the petitioner, the area has been known by the

proposed viticultural area name for over a century. The petitioner

states that some early settlers arrived in ``Redwood Valley'' in the

mid 1850s, and that there was a thriving community by 1900. The

petitioner states that from as early as the 1870s, grape growing and

wine making were an important part of the economy and culture of

``Redwood Valley.'' According to the petitioner, one of the earliest

published mentions of ``Redwood Valley'' as a grape growing region was

in a March 7, 1913, article in the Ukiah Republican Press (1885-1954),

which described ``Redwood Valley'' as ``* * * admirably adapted for the

grape and fruit land in Northern California.''

In the March 17, 1913 issue of the Ukiah Dispatch Democrat, the

petitioner found the following article: The Redwood Valley Improvement

Club Accomplishing Splendid Results By Concentrated Action and

Progressiveness, which stated as follows: ``This is perhaps at the

present time one of the most important industries of the valley, with

hundreds of acres in vineyards and several important wineries in active

operation, and because of the statements made * * * by Professor

Bioletti, the grape question has taken on a renewed activity. Redwood

Valley grapes are exceptionally rich in sugar and are in demand because

they raise the quality of wine. Much of the valley's product is

contracted for over a term of years * * * (g)rapes produce splendidly

on the bench lands of the valley, and because of the sunshine and

climatic conditions mature and produce the ideal wine grapes.''

In the Santa Rosa Press Democrat, the petitioner found an article

printed on July 31, 1949, and titled, ``It's Howdy Neighbor To

Calpella, Redwood Valley,'' by Mike Pardee. According to the

petitioner, this article states that, ``[a]pproximately half of

Mendocino County's present grape acreage of 7,700 acres is in Redwood

Valley. Farm Advisor R.D. Foote of Mendocino County said. ``The Valley

thus raised about half of the county's 17,000 tons produced last year

(1948) * * * Redwood Valley for years has been one of Mendocino

County's most important farming sections. Its 314 families for the most

part farmers * * *. They'll tell you that those grapes make the finest

wines in the region'.''

Name Evidence

``Redwood Valley'' is recognized by the United States Postal

Service as a distinct community with the Zip Code 95470. The U.S.G.S.

uses the name ``Redwood Valley'' Quadrangle on its 1:24,000 topographic

map. The petitioner states that the valley has a domestic and

irrigation water supplier known as ``Redwood Valley County Water

District.'' The petitioner points out that a number of entities give

the area its sense of identity, including the ``Redwood Valley

Grange,'' ``Redwood Valley School,'' ``Redwood Valley Shopping

Center,'' ``Redwood Valley Industrial Park.'' According to the

petitioner, businesses and organizations using the ``Redwood Valley''

name include a large vineyard, a gravel plant, 2 churches, a Pomo

Indian Rancheria, and so on. The petitioner provided photocopies of

stationery and business cards from six private and three public

entities that use the name ``Redwood Valley'' in their title. According

to the petitioner, each of the entities are currently in business and

located in ``Redwood Valley.''

Historical or Current Evidence That the Boundaries of the Proposed

Viticultural Area Are as Specified in the Petition

According to the petitioner, the proposed ``Redwood Valley''

viticultural area boundaries are roughly the watershed that forms the

headwaters of the west fork of the Russian River, including Forsythe

Creek. Starting at the northern tip of the valley and following the

ridge tops, the area widens out to the south as far as State Highway

20.

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Across Highway 20 to the south is the community of Calpella. Highway 20

provides a distinct southern boundary for the proposed viticultural

area. The petitioner states that Calpella has a different zip code,

water district, school, etc. than Redwood Valley. Furthermore,

according to the petitioner, the soils and climate of Calpella occupy a

transition zone between Ukiah and ``Redwood Valley.''

Evidence Relating to the Geographical Features (Climate, Soil,

Elevation, Physical Features, Etc.) Which Distinguish the Viticultural

Features of the Proposed Area From Surrounding Areas

Topography

According to the petitioner, the geography of the area sets it

apart from surrounding areas in several respects. The petitioner states

that, ``Redwood Valley'' is clearly defined by the ridges of the

coastal mountain range that surrounds it and that the Valley floor

slopes gently up in elevation from around 750' to 900' above sea level.

The petitioner states that the mountain ridges rise steeply from the

valley floor to over 3,350' elevation. The petitioner states that most

of the grapes are grown at an elevation between 750' and 1,500' above

sea level. At the south end of the valley the foothills close in from

the east and west to form a narrowed throat through which the Russian

River flows south. This narrowing is also where Highway 20 crosses the

valley and the river to intersect with Highway 101. The petitioner

states that this combination of landforms provides a natural set of

boundaries for the proposed viticultural area. These features combine

in several ways to produce growing conditions which distinguish the

proposed area from surrounding areas, according to the petitioner. The

petition contends that the soils, as well as the micro, meso, and macro

climates are all factors that distinguish the proposed viticultural

area from surrounding areas.

Soils

According to the petitioner, while all of the specific soil series

that are found in ``Redwood Valley'' also exist in the surrounding

areas, the proportions of the soils in ``Redwood Valley'' distinguish

it from the surrounding areas. The petitioner states that, The Wine

Regions of America, a book written by John J. Baxevanis in 1992, gives

the following description of the Redwood Valley area. ``Redwood Valley,

the northernmost of the string of Russian River Valleys, lies (eight)

miles north of Ukiah and Lake Mendocino on a series of higher terraces.

Representing the birthplace of Mendocino winemaking, it is the home of

some of the county's largest wineries. With more than 40 percent of the

county's acreage, it is the most important of all the producing regions

in the two county region [Lake and Mendocino]. A region II area, it

produces above-average quality Zinfandel, Cabernet Sauvignon,

Chardonnay, Petite Sirah, and Sauvignon Blanc. One of its elements of

celebrity is the considerable quantity of Manzanita soil.'' (pg. 295).

The petitioner was unable to ascertain the origin of the term

``Manzanita soil.'' However, he states that, ``Redwood Valley does

contain the largest deposit of the famous Redvine soil in the region

and perhaps it is this to which Baxevanis refers.''

According to the petitioner, the soils in the proposed area have

several unique features as determined by the U.S.D.A. Soil Conservation

Service (SCS).

The 1991 Soil Survey of Mendocino County, Eastern Part, and Trinity

County, Southwestern Part, California, was used extensively by the

petitioner to determine the identity and areas of soils for comparison.

Whereas all of the specific soil series that are found in ``Redwood

Valley'' occur in the surrounding area, it is the proportions in which

they appear in ``Redwood Valley'' that are unique.

The petitioner states that ``Redwood Valley'' has by far the

largest deposit of Redvine Series soil (#184-186 SCS Survey) in the

area. According to the petitioner, nearly one quarter of the proposed

viticultural area's plantable acreage is composed of soils of the

Redvine Series. Potter Valley Viticultural Area to the east has no

Redvine Series soils. The petitioner contends that the Calpella/Ukiah

area to the south of ``Redwood Valley'' has a few small and isolated

pockets of Redvine soils but their combined area amounts to less than

10% of the area covered by Redvine Series soils in ``Redwood Valley.''

Another soil series that stands out, according to the petitioner,

is the Pinole Gravelly Loam (#178-180 SCS Survey), which also occurs in

the Potter Valley and Ukiah areas, but is a much smaller component of

the areas' overall composition. According to the petitioner, ``Redwood

Valley'' has three times as much Pinole Gravelly Loam as either of

these other two areas. The petitioner states that this soil type makes

up nearly a third of ``Redwood Valley's'' growing area.

The petitioner states that the Redvine and Pinole Gravelly Loam

soil series comprise over half of the vineyard acreage of ``Redwood

Valley,'' and that the rest are an amalgam of six other types: Feliz,

Pinnobie, Yokayo, Russian, Talmage, and Yokayo/Pinole/Pinobie.

According to the petitioner, these last six general types (plus traces

of a few more types) evidence themselves in the neighboring areas in

varying proportion, but all play a larger role elsewhere than they do

in ``Redwood Valley.''

The petitioner provided a table illustrating the proportions of

soil types in the ``Redwood Valley'' area compared with the Ukian/

Calpella area. These figures were derived from SCS maps and soil

descriptions, and were measured with a Compensating Polar Planimeter.

The table indicates that, while ``Redwood Valley'' contains most of the

same soil types as the Ukia Valley, such soils are present in different

quantities in the respective areas.

Climate

One local winemaker, Jefferson Hinchliffe of Gabrielli Winery

stated as follows about the way ``Redwood Valley's'' unique climate and

soils manifest themselves in the wine: ``I have been making wines from

the many districts of Mendocino County for (t)en years. During that

period I have developed a sense of what distinguishes the wines of

Redwood Valley * * *. The wines in general are of higher acidity and

later maturity than of Ukiah Valley. The typical picking schedule for a

given variety would begin with the Hopland-Sanel area, followed by

Ukiah-Calpella, and then Redwood Valley. Comparisons with Potter Valley

are based on fewer varieties since Potter Valley is planted mainly to

early ripening Pinot and Chardonnay. Anderson Valley north of Boonville

ripens later than Redwood Valley * * * Acidity, color (especially in

Pinot Noir), and phenolic content are higher in Redwood Valley than in

adjacent regions. Higher temperatures in general lower phenolic

content, color, and acidity * * *. Late ripening varieties can have

difficulty ripening in Redwood Valley. Cabernet in general is able to

tolerate the rain associated with the late season, but more fragile

varieties such as Petite Sirah, Carignane, and Sangiovese can rot

before ripening in heavier soils when bearing large crops. Conservative

farming can produce stellar examples of these varieties * * *.''

Another wine maker, Jed Steele, of Steele Wines submitted a letter

of support for the petition, in which he stated as follows. ``[T]he

REDWOOD VALLEY of Mendocino County is an

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excellent and singular grape growing region, certainly worthy of

receiving a separate viticultural district designation * * *. It

appears that REDWOOD VALLEY'S particular climate allows for attaining

many of the positive quality factors found in grapes grown in the

cooler regions of Mendocino (Anderson Valley, etc.) as well as giving

harvests that allow for more consistent maturity found in the more

interior valleys (Potter Valley, etc.) of this county.''

In addition, the February 15, 1993 issue of The Wine Spectator,

page 11, contains an article entitled ``California's Redwood Valley

Moves Out of the Shadows,'' by Robyn Bullard, which states as follows.

``Wineries such as Fetzer, Weibel, and Frey have been in Redwood Valley

for years, but now four more wineries have cropped up. The region

boasts good soil and operating costs that are cheaper than other areas

in Northern California * * * Costs aside, Redwood Valley vineyards have

long yielded quality grapes * * * Compared to the hot Ukiah Valley,

Redwood Valley is much cooler. The area rarely gets fog, but the

terrain and location allow ocean breezes--the same winds that cool

Anderson Valley.''

According to the petitioner, there are a number of factors that

make ``Redwood Valley'' climatically distinct. The petitioner provided

a table listing the major agricultural areas of Mendocino County and

their respective climatic region and number of degree days, as

reflected in the SCS Soil Survey, 1991, pg. 4. Degree day figures for

Anderson Valley were unavailable. The table indicates that ``Redwood

Valley'' has 2,914 degree days and is the only Region II Climate in

Mendocino County, factors that the petitioner states are significant.

In support of this assertion, the petitioner cites the grape growing

textbook General Viticulture, 1974, by Winkler et al., which he states

contains the following excerpt: ``Region II.--An area of great

importance. The valleys can produce most of the premium-quality and

good standard white and red table wines of California. The less

productive slopes and hillsides vineyards cannot compete in growing

grapes for standard wines, because of lower yield, but, nevertheless,

can produce favorable yields of fine wines'' (pgs. 66-67).

The petitioner states that, ``(s)ince November of 1987, Light

Vineyard of Redwood Valley (Latitude 39 degrees 18.32', Longitude 123

degrees 12.46', elevation 800') has maintained a U.S. Weather Bureau

standard weather station including the following instruments: maximum/

minimum thermometer, Belfort Recording Hygrothermograph, Belfort

Recording Pyranograph, Totalizing Anemometer, Evaporation Pan, and Rain

Gauge. Readings are taken daily, and data are transmitted monthly to

the California Irrigation Management Information Service in

Sacramento.''

According to the petitioner, records from this station show that,

in the most recent eight year period, the ``Redwood Valley'' received

22% more rainfall than the Ukiah Valley. The petitioner provided a

table comparing the monthly totals for rainfall in ``Redwood Valley''

and Ukiah, for the eight year period for which they have maintained

records. The table and charts were prepared from data gathered from the

Light Vineyard Weather station which meets U.S. Weather Bureau

standards. According to these records, the average total monthly

rainfall in Ukiah Valley was 32.48 inches during the period of July

through June compared to an average total of 39.62 inches for ``Redwood

Valley'' during the same period. The petitioner also provided a graph

comparing the annual rainfall values for ``Redwood Valley'' and Ukiah

Valley averaged over a six year period. The graph indicates that the

precipitation values for ``Redwood Valley'' were consistently higher

than those for Ukia Valley over the six year period measured.

According to the petitioner, ``Redwood Valley's'' temperatures are

several degrees lower in daily lows than Ukiah Valley. The petitioner

states that, ``(t)his accounts for the lower growing degree day totals

in Redwood Valley and its placement in Region II. So, although Redwood

Valley may reach daily high temperatures similar to the Ukiah area,

because of cooler nights there remains a longer morning cool period.

The petitioner also provided a chart comparing monthly average

temperatures for the two areas averaged over a six year period.

This chart supports the petitioner's contentions regarding average

maximum and minimum temperatures.

Proposed Boundaries

The proposed ``Redwood Valley'' viticultural area is located in

east central Mendocino County, California. The proposed boundaries of

the viticultural area can be found on four U.S. Geological Survey

Quadrangle Maps labeled, ``Redwood Valley, Calif.'' 1960, photorevised

1975, ``Ukiah, Calif.'' 1958, photorevised 1975, ``Laughlin Range,

Calif.'' 1991 and, ``Orr Springs, California, provisional edition''

1991. All are 7.5 minute series maps. It should be noted that the

entire eastern boundary of the proposed ``Redwood Valley'' viticultural

area abuts the western boundary of the Potter Valley viticultural area.

Public Participation--Written Comments

ATF requests comments from all interested persons. 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. However, assurance of consideration can

only be given to comments received on or before the closing date.

ATF will not recognize any submitted material as confidential and

comments may be disclosed to the public. Any material which the

commenter considers to be confidential or inappropriate for disclosure

to the public should not be included in the comments. The name of the

person submitting a comment is not exempt from disclosure.

Comments may be submitted by facsimile transmission to (202) 927-

8602, provided the comments: (1) Are legible; (2) are 8\1/2\'' x 11''

in size, (3) contain a written signature, and (4) are three pages or

less in length. This limitation is necessary to assure reasonable

access to the equipment. Comments sent by FAX in excess of three pages

will not be accepted. Receipt of FAX transmittals will not be

acknowledged. Facsimile transmitted comments will be treated as

originals.

Any person who desires an opportunity to comment orally at a public

hearing on the proposed regulation should submit his or her request, in

writing, to the Director within the 45-day comment period. The

Director, however, reserves the right to determine, in light of all

circumstances, whether a public hearing will be held.

Paperwork Reduction Act

The provisions of the Paperwork Reduction Act of 1995, Pub. L. 96-

511, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR part

1320, do not apply to this notice because no requirement to collect

information is proposed.

Regulatory Flexibility Act

It is hereby certified that this proposed regulation will not have

a significant impact on a substantial number of small entities. The

establishment of a viticultural area is neither an endorsement nor

approval by ATF of the quality of wine produced in the area, but rather

an identification of an area that is distinct from surrounding areas.

ATF believes that the establishment of viticultural areas

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merely allows wineries to more accurately describe the origin of their

wines to consumers, and helps consumers identify the wines they

purchase. Thus, 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 that region.

Accordingly, a regulatory flexibility analysis is not required

because the proposal, if promulgated as a final rule, is not expected

(1) to have significant secondary, or incidental effects on a

substantial number of small entities; or (2) to impose, or otherwise

cause a significant increase in the reporting, recordkeeping, or other

compliance burdens on a substantial number of small entities.

Executive Order 12866

It has been determined that this proposed regulation is not a

significant regulatory action as defined by Executive Order 12866.

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

this executive order.

Drafting Information

The principal author of this document is David W. Brokaw, 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.

Subpart C--Approved American Viticultural Areas

Par. 2. Subpart C is amended by adding Sec. 9. to read as follows:

* * * * *

Sec. 9 Redwood Valley.

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

section is ``Redwood Valley.''

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

boundary of the Redwood Valley viticultural area are four Quadrangle

7.5 minute series 1:24,000 scale U.S.G.S. topographical maps. They are

titled:

(1) ``Redwood Valley, Calif.'' 1960, photorevised 1975.

(2) ``Ukiah, Calif.'' 1958, photorevised 1975.

(3) ``Laughlin Range, Calif.'' 1991.

(4) ``Orr Springs, California, provisional edition'' 1991.

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

the east central interior portion of Mendocino County, California. The

boundaries of the Redwood Valley viticultural area, using landmarks and

points of reference found on appropriate U.S.G.S. maps, follow.

(1) The beginning point is the intersection of State Highway 20

with the eastern boundary of Section 13, T16N/R12W located in the

extreme northeast portion of the U.S.G.S. map, ``Ukiah, Calif.'';

(2) Then north along the east boundary line of Sections 12 and 1 to

the northeast corner of Section 1, T16N/ R12W on the U.S.G.S. map,

``Redwood Valley, Calif.'';

(3) Then west along the northern boundary line of Section 1 to the

northwest corner of Section 1, T16N/ R12W;

(4) Then north along the east boundary line of sections 35, 26, 23,

14, 11, and 2 to the northeast corner of Section 2, T17N/R12W;

(5) Then west along the northern boundary of Sections 2, 3, 4, 5,

and 6 to the northwest corner of Section 6, T17N/R12W;

(6) Then 10 degrees southwest cutting diagonally across Sections 1,

12, 13, 24, 25, and 36 to a point at the northwest corner of Section 1,

T16N/R13W on the U.S.G.S. map, ``Laughlin, Range, Calif.'';

(7) Then south along the western boundary line of Sections 1 and 12

to the southwest corner of Section 12, T16N/R13W;

(8) Then 13 degrees southeast across Sections 13, 18, and 17 to the

intersection of State Highway 20 and U.S. Highway 101, T16N/R12W on the

U.S.G.S. map, Ukiah, Calif.'';

(9) Then easterly along a line following State Highway 20 back to

the beginning point at the eastern boundary of Section 13, T16N/R12W

located in the extreme northeast portion of the U.S.G.S. map ``Ukiah,

Calif.''

Dated: August 23, 1996.

John W. Magaw,

Director.

[FR Doc. 96-22346 Filed 8-30-96; 8:45 am]

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