Redwood Valley Viticultural Area (95R-053P)

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[TD ATF-386; Re: Notice No. 838]

RIN 1512-AA07

Redwood Valley Viticultural Area (95R-053P)

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

ACTION: Final rule, Treasury decision

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SUMMARY: This final rule establishes 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 is the result of

a petition submitted by Mr. Timothy R. Buckner and prepared by Mr.

Buckner, Mr. Jefferson Hinchliffe, Mr. Ulysses Lolonis, and Mr. Rudolph

H. Light. The petition was signed by 20 growers and winemakers in

``Redwood Valley.'' In addition, 4 letters of support for the area were

received with the petition from growers and winemakers in the 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.

EFFECTIVE DATE: February 21, 1997.

FOR FURTHER INFORMATION CONTACT: David W. Brokaw, 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 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 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). Weibel and Konrad wineries have recently changed ownership and

were renamed Redwood Valley Cellars and Fife Vineyards, respectively.

Notice of Proposed Rulemaking

In response to Mr. Buckner's petition, ATF published a notice of

proposed rulemaking, Notice No. 838, in the Federal Register on

September 3, 1996 [61 FR 46403] proposing the establishment of the

``Redwood Valley'' viticultural area. The notice requested comments

from all interested persons by October 18, 1996.

Comments on Notice of Proposed Rulemaking

ATF did not receive any letters of comment in response to Notice

No. 838.

Evidence That The Name Of The Viticultural Area Is Locally Or

Nationally Known

``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 premium to ultra premium varietal wines

distributed around the world. ``Redwood Valley'' grapes are used in

vineyard designated wines made by wineries throughout the region. 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.

History and Tradition

The area has been known by the viticultural area name for over a

century. Some early settlers arrived in ``Redwood Valley'' in the mid

1850s, and there was a thriving community by 1900. From as early as the

1870s, grape growing and wine making were an important part of the

economy and culture of ``Redwood Valley.'' 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

[[Page 67464]]

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. 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 valley has a domestic and irrigation water supplier known as

``Redwood Valley County Water District.'' 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.'' 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.

Each of the entities are currently in business and located in ``Redwood

Valley.''

Historical or Current Evidence that the Boundaries of the

Viticultural Area are as Specified in the Petition

The ``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. Across Highway 20 to the south is the

community of Calpella. Highway 20 provides a distinct southern boundary

for the viticultural area. Calpella has a different zip code, water

district, school, etc than ``Redwood Valley.'' Furthermore, 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 Area from Surrounding Areas.

Topography

The geography of the area sets it apart from surrounding areas in

several respects. ``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 mountain ridges rise steeply from the valley floor to over

3,350' elevation. 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. This combination of landforms provides a natural set of

boundaries for the viticultural area. These features combine in several

ways to produce growing conditions which distinguish the area from

surrounding areas. The soils, as well as the micro-, meso-, and macro-

climates are all factors that distinguish the viticultural area from

surrounding areas.

Soils

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 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.''

The soils in the viticultural 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. ``Redwood Valley'' has by

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

the area. Nearly one quarter of the 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

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, 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 area's overall

composition. ``Redwood Valley'' has three times as much Pinole Gravelly

Loam as either of these other two areas. This soil type makes up nearly

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

The Redvine and Pinole Gravelly Loam soil series comprise over half

of the vineyard acreage of ``Redwood Valley.'' The rest are an amalgam

of six other types: Feliz, Pinnobie, Yokayo, Russian, Talmage, and

Yokayo/Pinole/Pinobie. 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 Ukiah/

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 Ukiah Valley, such soils are present in

different quantities in the respective areas.

[[Page 67465]]

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 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.''

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.''

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 Ukiah Valley over the

six year period measured.

``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.

Boundaries

The ``Redwood Valley'' viticultural area is located in east central

Mendocino County, California. The 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

``Redwood Valley'' viticultural area abuts the western boundary of the

Potter Valley viticultural area.

Executive Order 12866

It has been determined that this 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.

Regulatory Flexibility Act

It is hereby certified that this 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 merely allows

wineries to more accurately describe the origin of their wines to

consumers, and helps consumers identify the wines they

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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 this 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.

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 C.F.R.

Part 1320, do not apply to this rulemaking because no requirement to

collect information is proposed.

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, Wine.

Authority and Issuance

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

Viticultural Areas, is 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. 9.153 to read as

follows:

* * * * *

Sec. 9.153 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) ``Orrs 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, are:

(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.''; and

(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.''

Signed: November 8, 1996.

John W. Magaw,

Director.

Approved: November 22, 1996.

Dennis M. O'Connell,

Acting Deputy Assistant Secretary (Regulatory, Tariff, and Trade

Enforcement).

[FR Doc. 96-32422 Filed 12-20-96; 8:45 am]

BILLING CODE 4810-31-P