Davis Mountains Viticultural Area

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 851 (97-105)]

RIN: 1512-AA07

Davis Mountains 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 Jeff

Davis County, Texas, to be known as ``Davis Mountains.'' This proposal

is the result of a petition filed by Maymie Nelda Weisbach of Blue

Mountain Vineyard, Inc. 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 July 7, 1997.

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. 851. 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, Document Services Branch,

Room 6300, 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 Maymie Nelda Weisbach, of Blue

Mountain Vineyard, Inc., proposing to establish a viticultural area in

Jeff Davis County, Texas, to be known as ``Texas Davis Mountains.'' The

proposed viticultural area is located in the Trans-Pecos region of west

Texas. The entire area contains approximately 270,000 acres, of which

approximately 40 acres are planted to vineyards. Blue Mountain Vineyard

is the only commercial grower currently active within the proposed

viticultural area.

Evidence of Name

The petitioner provided evidence that the name ``Davis Mountains''

is locally known as referring to the area specified in the petition,

and proposed that the area be designated as ``Texas Davis Mountains''

to aid in national recognition of the area. She noted that, outside of

the State of Texas, the name Davis Mountains may not be well known.

Evidence supporting the use of the name ``Davis Mountains'' includes:

(a) One of the U.S.G.S. maps used to show the boundaries of the

proposed area (Mount Livermore, Texas--Chihuahua) uses the name ``Davis

Mountains'' to identify the northern portion of the proposed area.

There is a park named ``Davis Mountain State Park'' in the southeastern

portion of the proposed area. The map shows no conflicting designation

for the remainder of the proposed area.

(b) The petitioner provided an excerpt from the 1952 edition of The

Handbook of Texas, published by the Texas State Historical Association,

which describes the Davis Mountains. The location and other features

described in this entry are consistent with the petition.

(c) The petitioner also provided an excerpt from the 1968 edition

of Texas Today, a book in the Harlow State Geography Series, from the

Harlow Publishing Corporation. In it, the Davis Mountains are described

as the most extensive and among the highest of the Texas mountain

groups.

(d) Finally, the petitioner provided copies of two highway maps,

the Champion Map of Texas, and the Exxon Travel Club Map of the United

States, both of which identify the Davis Mountains by name.

ATF reviewed available resources and found no references to any

other ``Davis Mountains.'' There is national recognition of the name

``Davis Mountains'' as an area in Texas, known for the McDonald

Observatory, which is located there, and as a tourist destination for

its history, scenery and wildlife. For purposes of this notice, the

name ``Davis Mountains'' will be used as the name for the proposed

area. Comments on the need for further clarification of this name are

solicited in the Public Participation section of this notice.

Evidence of Boundaries

The petitioner has defined the proposed area primarily by highways

which, she states, parallel geographic features which define the area.

In support of this approach, the petitioner provided a copy of

``Texas,'' the Houston Chronicle Magazine, for June 2, 1996. The cover

story was ``High mountain vistas, driving the 73-mile loop around the

Davis Mountains.'' In a map associated with the article, the routes

used for the driving tour are the same as those selected by the

petitioner, except the northern boundary. The

[[Page 24623]]

driving tour recommendation followed a route to the north of the

proposed northern boundary, which the petitioner drew using other

features. As evidence that the proposed boundaries for the area are as

specified in the petition, the petitioner states the proposed limits of

the area parallel geographic features such as canyons, creeks and

escarpments, which represent natural boundaries between the mountains

and the surrounding desert.

Geographical Features

The proposed viticultural area is described in Great Texas

Getaways, copyright 1992, by Ann Ruff, as follows:

No matter which way you drive into the Davis Mountains you will

have to face the barren terrain without the taste of cool water. But

when you reach this wonderful oasis, those long, dreary miles are

more than worth the reward. Here the days are fresh and cool, the

nights brisk, and the scenery fantastic.

The petitioner stated the proposed area is distinguishable from

surrounding areas primarily by its altitude, which contributes to

the geographic and climatic features which provide for excellent

grape-growing.

The petitioner provided the following evidence to support her

claims:

Topography

The U.S.G.S. topographic map submitted by the petitioner shows the

proposed area is a mountainous area varying in elevation from 4,500 to

8,300 feet, surrounded by flatter terrain. The petitioner adds these

mountains are the second-highest range in Texas. The northern and

eastern limits are clearly defined by escarpments. Sharp boundaries in

the west and south, however, are lacking as the same formations

continue into the Ord and Del Norte Mountains. The Chihuahua desert

extends for miles in all directions, its gently rolling grasses

interspersed with yucca and agave.

Soil

The petitioner states the Davis Mountains were created about 35

million years ago by the same volcanic thrust that formed the front

range of the Rockies. The mountains are composed of granitic,

porphrytic and volcanic rocks, as well as limestones of various ages.

Climate

The cover story in ``Texas,'' the Houston Chronicle Magazine, for

June 2, 1996, titled ``High mountain vistas, driving the 73-mile loop

around the Davis Mountains'' by Leslie Sowers, described the proposed

area as a ``mountain island * * * that is cooler, wetter, and more

biologically diverse than the vast plains of the Chihuahua desert that

surround it.'' The article went on to note that the Davis Mountains

receive 20 inches of rainfall a year, contrasted with 10 inches a year

in the surrounding desert.

Proposed Boundary

The boundary of the proposed Davis Mountains viticultural area may

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

scale of 1:100,000. The boundary is described in Sec. 9.155

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 1995 (44 U.S.C.

3507(j)) 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 need for the use of

the name ``Texas Davis Mountains'' to clarify the location of the

proposed area. 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 practice and procedure, Consumer protection,

Viticultural areas, and 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.

Par. 2. The table of sections in subpart C is amended by adding

Sec. 9.155 to read as follows:

Sec.

* * * * *

9. Davis Mountains.

Par. 3. Subpart C is amended by adding Sec. 9.155 to read as

follows:

Subpart C--Approved American Viticultural Areas

* * * * *

Sec. 9.155 Davis Mountains.

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

section is ``Davis Mountains.''

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

of the Davis Mountains viticultural area are two U.S.G.S. metric

topographical maps of the 1:100,000 scale, titled:

(1) ``Fort Davis, Texas,'' 1985.

(2) ``Mount Livermore, Texas--Chihuahua,'' 1985.

(c) Boundary. The Davis Mountains viticultural area is located in

Jeff Davis County, Texas. The boundary is as follows:

(1) The beginning point is the intersection of Texas Highway 17 and

Farm Road 1832 on the Fort Davis, Texas, U.S.G.S. map;

(2) From the beginning point, the boundary follows Highway 17 in a

southeasterly and then southwesterly direction until it intersects with

Highway 166;

(3) The boundary then follows Highway 166 in a southwesterly

[[Page 24624]]

direction onto the Mt. Livermore, Texas--Chihuahua, U.S.G.S. map;

(4) The boundary continues to follow Highway 166 in a westerly

direction;

(5) The boundary then continues to follow Highway 166 as it turns

in a northerly and then northeasterly direction to the point where it

meets Highway 118;

(6) The boundary then follows Highway 118 in a northerly direction

until it reaches a point where it intersects with the 1600 meter

contour line, just north of Robbers Roost Canyon;

(7) The boundary then proceeds in a straight line due east for

about two miles until it reaches the 1600 meter contour line to the

west of Friend Mountain;

(8) The boundary follows the 1600 meter contour line in a

northeasterly direction until it reaches the northernmost point of

Friend Mountain;

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

in a straight line east-southeast until it reaches the beginning point

of Buckley Canyon, approximately three-fifths of a mile;

(10) The boundary then follows Buckley Canyon in an easterly

direction to the point where it meets Cherry Canyon;

(11) The boundary then follows Cherry Canyon in a northeasterly

direction to the point where it meets Grapevine Canyon;

(12) The boundary then proceeds in a straight line from the

intersection of Cherry and Grapevine Canyons to the peak of Bear Cave

Mountain, on the Fort Davis, Texas, U.S.G.S. map;

(13) The boundary then proceeds in a straight line from the peak of

Bear Cave Mountain to the point where Farm Road 1832 begins;

(14) The boundary follows Farm Road 1832 back to its intersection

with Texas Highway 17, at the point of beginning.

Approved: April 21, 1997.

John W. Magaw,

Director.

[FR Doc. 97-11746 Filed 5-5-97; 8:45 am]

BILLING CODE 4810-31-U