Extension of the Paso Robles Viticultural Area

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco, and Firearms

27 CFR Part 9

[Notice No. 818]

RIN 1512-AA07

Extension of the Paso Robles Viticultural Area

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

the Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes the extension of the western border of

the Paso Robles viticultural area in San Luis Obispo County,

California. The Paso Robles viticultural area was originally approved

in Treasury Decision ATF-148, 48 FR 45241, October 4, 1983 (27 CFR

9.84). The petition was initially submitted by Justin C. Baldwin and

more recently re-submitted by July Ackerman, Executive Director, Paso

Robles Vintners and Growers Association as spokesperson for the seven

vineyards and one winery within the proposed new border.

ATF believes the establishment of American viticultural areas and

their subsequent use as appellations of origin in wine labeling and

advertising allows wineries to better designate the specific grape-

growing area where their wines come from and allows consumers to better

identify the wines they purchase.

DATES: Comments must be received on or before April 9, 1996.

ADDRESSES: Comments must be addressed to: Chief, Wine, Beer, and

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

P.O. Box 50221, Washington, DC 20226 (Notice No. 818). Copies of the

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

written comments received will be available for public inspection

during normal business hours at: ATF Reading Room, Office of Public

Affairs and Disclosure, Room 6480, 650 Massachusetts Avenue, NW,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mary Lou Blake, Wine, Beer, and

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

650 Massachusetts Avenue, N.W., Washington, D.C. 20226 (202-927-8210).

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 American 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, 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 the 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 with the boundaries

prominently marked.

Petition

The original petition to extend the western border of the Paso

Robles viticultural area was filed in July 1993,

[[Page 707]]

by Justin C. Baldwin as spokesperson for his own vineyard and winery

and for five other wineries in the area. All of the vineyards and the

winery, which are located outside the western border of the current

Paso Robles viticultural area, were established after the original Paso

Robles viticultural area was approved. At the time Mr. Baldwin

submitted his petition additional information was still needed to

complete the petition. Until the additional information could be

obtained, the original petition was returned to Mr. Baldwin.

July Ackerman, Executive Director of the Paso Robles Vintners and

Growers Association, later resubmitted the petition in December 1994.

Ms. Ackerman, in her official role as Executive Director, along with

members of the Paso Robles Vintners and Growers Association, support

the proposed extension. The petition also includes the names of 71

people in the grape and wine industries who support the proposed

expansion area.

Ms. Ackerman states the proposed expansion area has always been

considered a part of the Paso Robles Wine Country. In fact, the

petition notes that the proposed expansion area was included in the

original petition but was removed due to a petition involving a

contiguous area. The proposed expansion area is between the boundaries

set forth in these two petitions. In 1989 the Paso Robles Chamber of

Commerce published ``A History and Tour Guide of the Paso Robles Wine

Country.'' Included in this publication was one of the vineyards and

wineries located in the proposed expansion area. As noted, the proposed

expansion area was also originally included in the petition for the

current Paso Robles viticultural area. However, a concurrent petition

was being considered for the York Mountain viticultural area and to

prevent any intrusion into York Mountain the petitioner for Paso Robles

amended the southwestern border. At the same time, the western boundary

was amended to begin at the next most eastern range line. At the time

of this amendment, no vineyards had been established in the area beyond

the amended western boundary.

The area under petition will expand the western border of the

current Paso Robles viticultural area while continuing to maintain a

southwestern border adjacent to York Mountain's northern border. This

expansion would add approximately 52,618 acres to the existing

viticultural area. Since the final rule for the Paso Robles

viticultural area was published in 1983, seven vineyards have been

planted in the proposed expansion area.

Historical and Current Evidence

The name of the area comes from the Spanish name ``El Paso de

Robles'' (meaning ``the Pass of the Oaks''), which was given to the

area by travelers between the missions of San Miguel and San Luis

Obispo. A land grant, in this name, was conveyed by Governor

Micheltorena to Pedro Narvaez on May 12, 1844. This land grant included

the present area of Paso Robles, Templeton, and Adelaida.

Historically, the Santa Lucia Mountain range has been known as the

western border of the Paso Robles area. All seven of the vineyards

planted since 1983 are located east of the Santa Lucia Mountain Range,

just beyond the western border of the current Paso Robles Viticultural

area and north of the York Mountain viticultural area.

In addition, the proposed expansion area contains the same

telephone number prefixes and post office zip codes as the existing

viticultural area. Further, the proposed expansion area utilizes the

same government services (i.e. schools, fire departments, etc.) as the

existing viticultural area.

Geographical Evidence

The petitioner provided geographical evidence derived from the

``Soil Survey of San Luis Obispo County, California''--Paso Robles

Area. This survey was a cooperative effort of the Soil Conservation

Service and the University of California Agriculture Experiment

Station. Petitioner's data also reflects information collected from

airports, forestry stations, city and county historical records and

individual agriculturalists.

The proposed expansion area is characterized by rolling hills, 750

feet to 1800 feet, similar to the current Paso Robles appellation and

unlike the more mountainous area of York Mountain. Soils generally

consist of Nacimiento Ayar, Nacimento Los Osos Balcom Series and Linne-

Calodo Series, three of the four soil types found in the current

appellation.

Temperatures in the proposed expansion area are the same as the

current appellation, ranging between 20-110 degrees Fahrenheit.

Rainfall in the current appellation is between 10 and 25 inches per

year. The proposed expansion area averages 25 inches per year

maintaining a similarity with the current appellation and less than the

45 inches per year within the York Mountain Viticultural Area. Degree

days of 2500--3500 are also the same for both the current appellation

and the proposed expansion area.

Proposed Boundaries

The proposed boundaries for the expansion of the Paso Robles

viticultural area use range and township lines, the county line and

other points of reference. These same features are used as boundaries

for the existing Paso Robles viticultural area.

The points of reference for the boundaries of the current

viticultural area and the proposed expansion area are found on United

States Geological Survey (U.S.G.S.) map entitled ``San Luis Obispo,''

scale 1:250,000 (1956, revised 1969).

Paperwork Reduction Act

The provisions of the Paperwork Reduction Act of 1980, Pub. L. 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.

Regulatory Flexibility Act

It is hereby certified that this proposed regulation will not have

a significant economic 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 merely allows wineries to describe more accurately 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.

[[Page 708]]

Public Participation

ATF requests comments from all interested parties. 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 Mary Lou Blake, Wine,

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

Firearms.

List of Subject 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. Section 9.84(c) is revised to read as follows:

Sec. 9.84 Paso Robles.

* * * * *

(c) Boundaries. The Paso Robles viticultural area is located within

San Luis Obispo County, California. From the point of beginning where

the county lines of San Luis Obispo, Kings and Kern Counties converge,

the county line also being the township line between T.24S. and T.25S.,

in R.16E.:

(1) Then in a westerly direction along this county line for 42

miles to the range line between R.9E. and R.10E.;

(2) Then in a southerly direction for 12 miles along the range line

to the southwest of corner of T.26S. and R.10E.;

(3) Then in a southeasterly direction, approximately 5.5 miles to a

point of intersection of the Dover Canyon Jeep Trail and Dover Canyon

Road;

(4) Then in an easterly direction along Dover Canyon Road,

approximately 1.5 miles, to the western border line of Rancho Paso de

Robles;

(5) Then, following the border of the Paso Robles land grant,

beginning in an easterly direction, to a point where it intersects the

range line between R.11E. and R.12E.;

(6) Then southeasterly for approximately 16.5 miles to the point of

intersection of the township line between T.29S. and T.30S. and the

range line between R.12E. and R.13E.;

(7) Then in an easterly direction for approximately 6 miles to the

range line between R.13E. and R.14E.;

(8) Then in a northerly direction for approximately 6 miles to the

township line between T.28S. and T.29S.;

(9) Then in an easterly direction for approximately 18 miles to the

range line between R.16E. and R.17E.;

(10) Then in a northerly direction for approximately 24 miles to

the point of beginning.

Dated: December 29, 1995.

Daniel R. Black,

Acting Director.

[FR Doc. 96-298 Filed 1-9-96; 8:45 am]

BILLING CODE 4810-31-U