Mendocino Ridge Viticultural Area

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 848]

RIN 1512-AA07

Mendocino Ridge Viticultural Area

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

ACTION: Notice of Proposed Rulemaking.

-----------------------------------------------------------------------

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

considering the establishment of a viticultural area located within the

boundaries of Mendocino County, California to be known as ``Mendocino

Ridge,'' under 27 CFR part 9. This proposal is the result of a petition

submitted by Mr. Steve Alden on behalf of the Mendocino Ridge Quality

Alliance. The entire proposed area consists of about 262,400 acres or

approximately 410 square miles with the actual proposed ``Mendocino

Ridge'' viticultural area starting at the 1200 feet elevation line, and

encompassing all areas at or above 1200 feet in elevation. Because of

the 1200 foot elevation, this proposed area is unique from other

coastal viticultural areas. Of the total 262,400 acres, the petitioner

estimates that less than one-third, or 87,466 acres, lies above 1200

feet elevation. Of these 87,466 acres, the petitioner asserts that

approximately 1500 to 2000 acres or 2% of the narrow timber covered

ridge-tops are suitable for grape production. According to the

petitioner, there are approximately 75 acres of grapes currently

growing within the boundaries of the proposed viticultural area. This

75 acres of grapes is divided among six wineries.

DATES: Written comments must be received by May 22, 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. 848). 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 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)(1), 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

Mr. Steve Alden of Alden Ranch Vineyards has petitioned ATF on

behalf of the Mendocino Ridge Quality Alliance to propose the

establishment of a new viticultural area located within the boundaries

of Mendocino County, California, to be known as ``Mendocino Ridge.''

There are currently six producing vineyards in the proposed ``Mendocino

Ridge'' viticultural area.

The evidence submitted by the petitioner is discussed in detail

below. Given the unusual nature of the proposed area, ATF is requesting

public comment on specific questions regarding the supporting evidence.

It should be noted that the proposed viticultural area would include

only the land above a certain elevation within the boundaries

described. Thus, ATF wishes to solicit public comment on the following

questions about the geographic distinctiveness of the non-contiguous

areas in the petition:

1. Do the non-contiguous sites in the proposed viticultural area

have such similar climate, soil, and other characteristics that they

can be considered as a single or common grape growing region?

2. Is the actual land included within the proposed viticultural

area at the 1200 feet (and above) elevation line reasonably

distinguishable from the adjacent land that is not included?

3. Does the totality of the geographic evidence regarding the

proposed viticultural area support the application of a reasonable

proximity rule to exclude widely scattered but otherwise similar

locations from being included within the proposed grape-growing region?

Evidence That the Name of the Area is Locally or Nationally Known

The petitioner asserts that, the name Mendocino Ridge has been

chosen as the name of the proposed viticultural area because the region

has been known as producing some of the best and most distinctive

Zinfandel wine in the world. In this regard, the petitioner asserts

that many books and magazines have historically referred to the

proposed viticultural area as the Mendocino Ridge. For example, in 1988

the winery, Kendall-Jackson, wrote: ``* * * the vines in the Mariah

vineyard are subject to the same complicated climatic variables that

have caused wine experts to hail the Mendocino Coastal Ridge as one of

the world's greatest Zinfandel regions.'' More recently, in an article

published in the February 1994 issue of Gourmet Magazine, wine writer

Gerald Asher wrote:

In Mendocino there's an equally wide divide between the tense

and concentrated Zinfandels produced from old vines planted by turn-

of-the-century Italian immigrants

[[Page 16503]]

who settled the exposed, high ridges between Anderson Valley and the

Pacific and the subtly urbane wines from vineyards almost as old but

planted in milder and better-protected sites around Ukiah and in the

adjacent McDowell and Redwood valleys. (Emphasis added)

The petitioner further notes that Jed Steele started to make wine

from old Mendocino Ridge Zinfandel vines at the Edmeades Vineyard &

Winery in Anderson Valley in the early 1970's. Again, the petitioner

cites Gerald Asher:

``The revival of California Zinfandel as a serious varietal wine

began with the rediscovery of forgotten patches of old vines such as

those on the Mendocino Ridge, most of them tucked away among

hillside orchards.''

The petitioner claims that the six vineyards within the proposed

``Mendocino Ridge'' are known by locals and wine writers as the

``Mendocino Ridge'' vineyards and that the area encompasses many named

coastal ridges; i.e., McGuire Ridge, Zeni Ridge, Phelps Ridge, Signal

Ridge, Campbell Ridge, German Ridge, Hanes Ridge, Adams Ridge, Cliff

Ridge, Greenwood Ridge, McAllister Ridge, Brandt Ridge, Lambert Ridge,

Mariah Ridge, Fleming Ridge, Mikes Ridge, Yellow Hound Ridge, Johnny

Woodin Ridge, and Hog Ranch Ridge, Hog Pen Ridge, Steve's Ridge, Ponds

Ridge, Brytan Ridge, and Pearly Ridge. According to the petitioner, the

area also encompasses various ``mountain peaks''; i.e., Cold Spring

Mountain, Lookout Mountain, Bald Hill Dry Bridge Mountain, Eureka Hill,

Gualala Mountain, Red Rock Mountain, Snook Mountain and Rockpile Peak.

The petitioner notes that these ``mountain peaks'' are generally no

higher than points on the ridge and that these ridges and peaks create

the water shed for the Gualala River, Garcia River, Alder Creek, Elk

Creek, Greenwood Creek, and the Navarro River. The proposed ``Mendocino

Ridge'' viticultural area encompasses only ridge-tops which reach an

elevation of 1200 feet or higher in the Coastal Zone of southwestern

Mendocino County. The proposed boundary encompasses approximately 410

square miles or about 262,400 acres which was necessary to include the

numerous ridge-tops comprising the grape growing areas. The petitioner

stated that to his knowledge no grapes are being grown at the lower

elevations below the 1200 foot coastal fog line.

Historical or Current Evidence That the Boundaries of the Proposed

Viticultural Area are as Specified in the Petition

The petitioner states that, ``(m)any articles have been written in

prestigious wine periodicals and books over the years about the unique

and distinctive wines produced from grapes grown within the `Mendocino

Ridge' proposed viticultural area.'' For example, the petitioner cites

Making Sense of California Wine by Matt Kramer (1992, William Morrow

and Co., N.Y.) in which he states:

There aren't many ridge vineyards but, as Spencer Tracy said in

Pat and Mike, ``What's there is cherce.'' Even more unexpected is

the grape variety: Zinfandel. Such ridge vineyards as Ciapusci

Vineyard, Mariah Vineyard, Zeni Vineyard, and DuPratt Vineyard

create some of the greatest Zinfandels in California. All are found

between 1,400 feet and 2,400 feet in elevation. Jed Steele, the

former winemaker for Kendall-Jackson, sought out these grapes and

demanded an audience for them. The winery continues to issue named-

vineyard Zinfandels from several of these vineyards, all of them

extraordinary. (Id. at 218, emphasis added)

The petitioner also cited from Coastal Ridge Zinfandel, by Jed

Steele Ridge Review, Volume V, No. 1 (1995, The Ridgetimes Press,

Mendocino, CA). On page 7 it states:

That certain grape varieties, grown in specific geographical

locations, produce distinctive wines that are sought after by

appreciators of fine wine is a given phenomenon in the world of

viticulture and enology. Illustrations of such situations are Pinot

Noir when grown in Burgundy, the White Riesling when grown in the

Mosel Valley of Germany, and the Cabernet Sauvignon when grown in

the Rutherford-Oakville region of the Napa Valley. Zinfandel, when

grown in the Coastal range of Mendocino County, roughly between the

points where the Navarro River and Gualala River empty into the

ocean, is in my mind such a classic match of grape variety with a

particular climate, one that leads to the ultimate in winemaking

fruit. (Emphasis added)

As further evidence of historic boundaries, the petitioner claims

that, the cultivation of vineyards in the Mendocino Ridge began with

the first Italian settlers, who came to the area in the late 1800's to

peel tan bark. These Italian immigrants brought with them their grapes

of choice: Zinfandel, Alicante-Bouschet, Carignane, Muscat, Palomino,

and Malvasia. At one time, before Prohibition, it has been estimated

that Greenwood Ridge had some 250 acres of vineyards and Fish Rock Road

had another 150 acres of vineyards. According to the petitioner,

Italian immigrant families with names like Luccinetti, Pearli, Gianoli,

Ciapusci, Soldani, and Zeni homesteaded and planted vines along Fish

Rock Road as early as the 1860's. Other Italian immigrants with names

like Frati, Tovani, Giusti, Pronsolino, and Giovanetti homesteaded

along Greenwood Ridge around the same time. The following statement by

Matt Kramer in Making Sense of California Wine (1992) is cited by the

petitioner in support of this claim:

The planting of these higher-elevation vineyards is due entirely

to an influx of Italian immigrants * * * in the 1890's * * * In

Italy, as elsewhere in Europe, grapes were found to perform better

on hillsides than on valley floors. Considering their grapes of

choice--Zinfandel, Alicante-Bouschet, Carignan, Muscat, Palomino,

and Malvasia--they were right. None of these sun-loving varieties

could have prospered in the cool, frost-prone Anderson Valley floor.

But once above the fog, the sunshine is uninterrupted. The ridge

sites rarely see the spring frosts. (Id. at 218)

The petitioner states that Prohibition came and many of these

vineyards were removed. Of these original vineyards planted by the

Italian immigrants, three have survived and still produce award winning

wines to this day. According to the petitioner, both the Ciapusci and

Zeni vineyards are still tended and owned by the original families on

Fish Rock Road. On Greenwood Ridge Road, the DuPratt vineyard planted

in 1916 is producing world class Zinfandel according to the petitioner.

In addition, the petitioner states that the Zeni's, Ciapusci's, and

DuPratt's all had wineries at their vineyards. Part of the Ciapusci's

winery is still standing and parts of an old wine press can be found at

the DuPratt vineyard site. The petitioner states that tunnels used for

storing wine can be found burrowed into the mountain at the Zeni

Vineyard. Three other vineyards, Mariah Vineyards, Greenwood Ridge

Vineyards, and Alden Ranch Vineyards have been planted in the past 25

years according to the petitioner.

Evidence Relating to the Geographical Features (Climate, Soil,

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

Features of the Proposed Area From Surrounding Areas

According to the petitioner, the proposed ``Mendocino Ridge,''

viticultural area is shaped like a bulging triangle with its northern

apex less than a mile wide at the mouth of the Navarro River. The

southern base of the triangle is approximately 15 miles wide as it runs

along the Mendocino/Sonoma County line. From north to south the

proposed area is 36 miles long. A small segment of the proposed

viticultural area overlaps the Anderson Valley viticultural area along

its northeastern boundary. The petitioner asserts that this segment has

been included in the

[[Page 16504]]

proposed ``Mendocino Ridge'' viticultural area because it is

climatically, geologically and enologically the same as the proposed

``Mendocino Ridge'' area. Again, the petitioner cites Matt Kramer In

Making Sense of California Wine (1992). On page 218 he states:

Actually, the Anderson Valley is more complicated yet.

Everything so far described applies to what might be called Anderson

Valley bas. There's also an Anderson Valley haut. The AVA really

contains another, hidden appellation. Although not recognized as an

AVA, it should be. This ``hidden'' appellation is the vineyards

above the fog line, locally known as the ``ridge vineyards.'' The

name is apt: They are found on ridgelines above fourteen hundred

feet in elevation. Technically, these vineyards are Anderson Valley

AVA. In reality, they are their own world: more sun, no fog, yet

subject to the cooling temperatures that come with higher elevation.

(Emphasis added)

According to the petitioner, the grape growing region of the

proposed viticultural area encompasses the coastal ridge above the 1200

feet elevation entirely within the Coastal Zone in the southwest corner

of Mendocino County, California. Less than one third of the entire

proposed area, or 87,466 acres, lies above 1200 feet elevation. Of

these 87,466 acres, approximately 1500 to 2000 acres or 2% of the

narrow timber covered ridge-tops are suitable for grape production

according to the petitioner. There are approximately 75 acres of grapes

currently growing within the boundaries of the proposed viticultural

area. These 75 acres are located in isolated pockets carved out of

dense redwood and douglas fir forest along the ridge-tops above the

coastal fog line. The petitioner further asserts that summer mornings

are characterized by lakes of fog with the ridge-tops protruding like

small islands soaking up the cool morning sun.

Topography

According to the petitioner, the proposed ``Mendocino Ridge'' area

is characterized by narrow irregular ridges that have a high elevation

point of 2736 feet at Cold Spring Mountain. The side-slopes are steep

and timber covered, with slopes often exceeding 70%, making these areas

unplantable. Because of the steepness and narrowness of the ridge-tops,

farmable acreage is at a premium. Rarely, in the proposed viticultural

area, does a ridge-top vineyard exceed 30 acres in one continuous

block.

According to the petitioner, the ``Mendocino Ridge'' terrain can be

sharply contrasted with the surrounding areas. To the west is the

Pacific Ocean. To the northeast is the valley lowlands of the Anderson

Valley viticultural area. The grapes grown in this area are planted in

the fertile alluvial soils along the Navarro River. To the southeast

are the long, sloping, hillsides of the Yorkville benchland area.

Grapes grown in this area have been traditionally planted on the bottom

lands and on the hillside benches to the east of Highway 128. To the

south is the Sonoma/Mendocino County line and the Sonoma Coast

viticultural area.

Soils

The petitioner states that, ``(t)he soils are unique to this

triangle of rugged, timber-covered ridgetop area and have been shown to

be distinct from the surrounding area's soils. Climatically, this area

sits entirely within the Coastal Zone and receives the cooling

influences of the Pacific Ocean which surround these ridges and peaks

with fog, making these ridges into cool, sun-soaked islands in the sky.

The `Mendocino Ridge' also receives a significantly greater amount of

annual rainfall than the surrounding areas.''

The petitioner further asserts that the soils within the proposed

``Mendocino Ridge'' viticultural area have been identified by the Soil

Conservation Service in a National Cooperative Soil Survey, a joint

effort of the United States Department of Agriculture and other Federal

agencies, State agencies including the Agricultural Experiment Stations

and local agencies.

According to the petitioner, the proposed area is dominated by

timber type soils and is clearly separated from surrounding soils at

the proposed ``Mendocino Ridge'' boundary. To the west is the Pacific

Ocean. To the northeast are the fertile alluvial valley soils of the

Anderson Valley and to the southeast are the upland grass range soils

of the Yorkville area. To the south is the county line and the Sonoma

Coast Appellation.

Moreover, the petitioner states that the proposed ``Mendocino

Ridge'' viticultural area is dominated by soils that fall into the

general soil category of Ustic-isomesic type soils. These soils lie

mainly between 500 feet and 2000 feet elevation within the zone of

coastal influence. The soil does receive some moisture added by the

tree canopy which causes water to precipitate from the fog. However,

the fog influence is less pronounced at the upper elevations. It is

less dense and does not blanket this zone as frequently as at the lower

elevations. The soils are dry for part of the summer and there is

little variation between summer and winter soil temperatures at 20

inches of depth. Redwood is the most reliable indicator of this zone.

Redwood can often comprise from 15 to 50 percent of the tree canopy

with douglass fir, tanoak, and Pacific madrone being the other dominant

species. The understory vegetation is often a dense thicket of

California huckleberry and tanoak.

The specific soil types that dominate the proposed ``Mendocino

Ridge'' viticultural area are identified by the petitioner as follows:

1. Zeni

This soil is moderately deep and well drained fine-loamy type soil.

Typically, the loam surface layer is underlain by a loam subsoil. Soft

sandstone is at a depth of 20 to 40 inches. Slopes range from 9 to 75

percent. The vegetation is mainly Douglas fir and redwood. Average pH

is 5.7.

2. Yellowhound

This soil is deep and well drained. Typically, the gravelly loam

surface is underlain by an extremely gravelly loam subsoil. Hard

sandstone is at a depth of 40 to 60 inches. Slopes range from 9 to 100

percent. The vegetation is mainly Douglas fir and redwood. Average pH

is 5.6.

3. Ornbaun

This subsoil is deep and well drained, with little or no seasonal

fluctuation in soil temperature. Typically, the loam surface layer is

underlain by a loam and clay loam subsoil. Soft sandstone is found

underneath at a depth of 40 to 60 inches. This soil occurs on hilly and

mountainous uplands with slopes of 9 to 75 percent. The vegetation is

mainly Douglas fir and redwood. Average pH is not available.

4. Gube

This soil is moderately deep, well drained soil formed in material

weathered from sandstone. Gube soils are on mountains and have slopes

of 30 to 75 percent. The vegetation is mainly Douglas fir and redwood.

Average pH is 5.4.

5. Fish Rock

This soil is a shallow, well drained soil formed in material

weathered from sandstone or mudstone. Fish Rock soils are on ridgetops

and upper sideslopes of coastal hills and mountains and have slopes of

2 to 30 percent. The vegetation is mainly Douglas fir and redwood.

Average pH is 4.8.

6. Snook Series

This soil is a very shallow, somewhat excessively drained soil

formed in material weathered from sandstone and

[[Page 16505]]

shale. Snook soils are on mountains and have slopes of 30 to 75

percent. The vegetation is mainly Douglas fir and redwood. Average pH

is 5.6.

7. Kibesillah

This soil consists of moderately deep, well drained soils formed in

material weathered from sandstone. Kibesillah soils are on hills and

mountains and have slopes of 9 to 100 percent. The vegetation is mainly

Douglas fir and redwood. Average pH is 5.5

The petitioner contrasts the above soils with the soils to the

northeast and southeast of the proposed ``Mendocino Ridge''

viticultural area. Along the northeast border of the proposed

``Mendocino Ridge'' viticultural area are the deep alluvial soils of

the Anderson Valley and Mendocino viticultural area bottom land. These

fertile soils were identified by the USDA soil conservation service of

the Mendocino County bottom lands completed in 1973. These soils are:

CeB, Cole Clay Loam Wet; JaF, Jesephine Loam; TaC, Talmadge; Gravelly

Sandy Loam; SeB, San Ysidro Loam; EdA, Esparto Silt Loam, Wet; PbC,

Pinole Gravelly Loam; MdB, Maywood Sandy Loam, occasionally flooded

and; FcA, Fluvents, frequently flooded. Along the southeast border of

the proposed ``Mendocino Ridge'' viticultural area are the Xeric-mesic

soils of the Yorkville corridor east of Highway 128 along the sweeping,

grassy, oak studded slopes. These soils are grass, oak, and brush

covered. The Yorkville soils are subject to little or no coastal

influence, unlike the soils in the proposed ``Mendocino Ridge''

viticultural area which are dominated by the coastal influence. Soils

are usually dry from early June to October. The soil temperature at 20

inches in depth varies by more than 9 degrees between summer and winter

unlike the Ustic-isomestic soils of the proposed ``Mendocino Ridge''

viticultural area which do not vary. The vegetation types commonly

found on Xeric-mesic soils are interior live oak, California black oak,

Oregon white oak, Eastwood manzanita, toyon rose, bedstraw and annual

bromes. The petition contrasts the specific Xeric-mesic type soils of

the Yorkville upland area with the soils in the proposed ``Mendocino

Ridge'' viticultural area.

In summary, the soils of the proposed ``Mendocino Ridge''

viticultural area are dominated by ``timber'' type soils with redwood,

Douglas fir, tanoak, and Pacific madrone being the dominant vegetation.

These soils are well drained and have little or no summer to winter

soil temperature variations. In contrast, the soils of the surrounding

areas are the deep alluvial Anderson Valley soils to the northeast and

the upland rangeland soils of the Yorkville area to the southwest.

Climate

The petitioner notes that the proposed ``Mendocino Ridge''

viticultural area lies entirely within the Coastal Climate Zone as

defined by The Climate Of Mendocino County, a booklet published by the

Mendocino County Farm and Home Advisors Office. The Coastal Climate

Zone is cooled by the ocean influence of the Pacific. This Zone is

continuous from north to south along the proposed ``Mendocino Ridge''

boundary and is commonly referred to as the redwood belt. The area is

dominated by the influence of the Pacific Ocean at its western border

throughout the year, unlike the area to the east of the proposed area

which is within the Transitional Climate Zone. ``Transitional'' means

the area's climate is subject to both the ocean's cooling influences

and the warmth of the interior areas at different times of the year.

The ``Mendocino Ridge'' viticultural area is unique from other

coastal viticultural areas because of its elevation of 1200 feet or

higher. According to the petitioner, the elevation line being at

approximately the fog line means that while the valleys may be full of

coastal fog, the vineyards are fully exposed to the sun while receiving

the cooling influences of the fog.

The proposed ``Mendocino Ridge'' area has both a rainy and dry

season of moderate temperature. The rainy season occurs from November

through May. The petitioner states that the average annual temperature

for the area is about 53 degrees F., and the average annual

precipitation is 75+ inches a year. Because of the area's coastal

influence the average length of the growing season is from 275 to 300

days.

The petitioner claims that the climate in the adjacent growing

regions are strikingly different. In the Yorkville Area, east of

Highway 128, long, sweeping slopes lie within the Transitional Climatic

Zone, receiving much more sun and inland weather influences. These

inland weather influences mean the Yorkville area's average

temperatures are cooler in the winter and hotter in the summer and the

growing season is shorter, averaging between 250 and 275 days in

length. The average annual precipitation is only 49.46 inches a year.

Source: The Climate of Mendocino County, Mendocino County Farm and Home

Advisors Office, page 10. With regard to Anderson Valley, it lies under

the fog layer, receiving fewer sunlight hours than the proposed

``Mendocino Ridge,'' grape growing areas which are entirely above the

fogline. The average annual precipitation is only 40.68 inches a year.

Source: The Climate of Mendocino County, Mendocino County Farm and Home

Advisors Office, page 10.

Proposed Boundaries

The boundary lines of the proposed ``Mendocino Ridge'' viticultural

area closely follow the line of Coastal Zone influence, above 1200 feet

elevation in the southwest corner of Mendocino County, California. The

boundaries of the proposed area may be found on the following U.S.

Department of Interior Geological Survey 15 minute series Quadrangle

maps: Ornbaun Valley Quadrangle, California, 1960, Navarro Quadrangle,

California, 1961, Point Arena Quadrangle, California, 1960, Boonville

Quadrangle, California, 1959.

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.

[[Page 16506]]

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 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 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. 9.152 to read as

follows:

* * * * *

Sec. 9.152 Mendocino Ridge.

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

section is ``Mendocino Ridge.''

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

boundary of the Mendocino Ridge viticultural area are four 1:62,500

scale U.S.G.S. topographical maps. They are titled:

(1) Ornbaun Valley Quadrangle, California, 15 minute series

topographic map, 1960.

(2) Navarro Quadrangle, California, 15 minute series topographic

map, 1961.

(3) Point Arena Quadrangle, California, 15 minute series

topographic map, 1960.

(4) Boonville Quadrangle, California, 15 minute series topographic

map, 1959.

(c) Boundary. The Mendocino Ridge viticultural area is located

within Mendocino County, California. Within the boundary description

that follows, the viticultural area starts at the 1200 foot elevation

(contour line) and encompasses all areas at or above the 1200 foot

elevation line. The boundaries of the Mendocino Ridge viticultural

area, using landmarks and points of reference found on appropriate

U.S.G.S. maps, follow.

(1) Beginning at the Mendocino/Sonoma County line at the mouth of

the Gualala River, where the Gualala River empties into the Pacific

Ocean, in section 27 of Township 11 North (T11N), Range 5 West (R5W),

located in the southeastern portion of U.S.G.S. 15 minute series map,

``Point Arena, California;''

(2) Then following the Mendocino/Sonoma County line eastward to the

southeast corner of section 8 in T11N/R13W, on the U.S.G.S. 15 minute

map, ``Ornbaun Valley, California;''

(3) Then from the southeast corner of section 8 in T11N/R13W

directly north approximately 3+ miles to the southwest corner of

section 9 in T12N/R13W;

(4) Then proceeding in a straight line in a northwesterly direction

to the southwestern corner of section 14 in T13N/R14W;

(5) Then directly north along the western line of section 14 in

T13N/R14W to a point on the western line of section 14 approximately 1/

4 from the top where the Anderson Valley viticultural area boundary

intersects the western line of section 14 in T13N/R14W;

(6) Then in a straight line, in a northwesterly direction, to the

intersection of an unnamed creek and the south section line of section

14, T14N/R15W, on the U.S.G.S. 15 minute series map, ``Boonville,

California;''

(7) Then in a westerly direction along the south section lines of

sections 14 and 15 in T14N/R15W to the southwest corner of section 15,

T14N/R15W, on the U.S.G.S. 15 minute series map, ``Navarro,

California;''

(8) Then in a northerly direction along the western section lines

of sections 15, 10, and 3 in T14N/R15W in a straight line to the

intersection of the Navarro River on the western section line of

section 3 in T14N/R15W;

(9) Then in a northwesterly direction along the Navarro River to

the mouth of the river where it meets the Pacific Ocean in section 5 of

T15N/R17W;

(10) Then in a southern direction along the Mendocino County

coastline to the Mendocino/Sonoma County line to the beginning point at

the mouth of the Gualala River in section 27 of T11N/R15W, on the

U.S.G.S. 15 minute series map, ``Point Arena, California.''

Signed: March 13, 1997.

John W. Magaw,

Director.

[FR Doc. 97-8807 Filed 4-4-97; 8:45 am]

BILLING CODE 4810-31-P