Diamond Mountain Viticultural Area (99R-223P)

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

RIN 1512-AA07

[Notice No. 882]

Diamond Mountain Viticultural Area (99R-223P)

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 proposing the Diamond Mountain viticultural area. This

petition was submitted by Rudy von Strasser of Von Strasser Winery on

behalf of the Diamond Mountain Appellation Committee, whose 15 growers

and vintners represent 87 percent of the total vineyard holdings in the

proposed area. The Diamond Mountain proposed viticultural area is

located entirely within the Napa Valley viticultural area. The proposed

viticultural area encompasses approximately 5,000 acres, of which

approximately 450 acres are planted to vineyards.

DATES: Written comments must be received by November 29, 1999.

ADDRESSES: Send written comments to: Chief, Regulations Division,

Bureau of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, DC

20091-0221 (Attn: Notice No. 882). 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

the ATF Reading Room, Office of Public Affairs and Disclosure, room

6480, 650 Massachusetts Avenue, NW, Washington, DC 20226

FOR FURTHER INFORMATION CONTACT: Thomas B. Busey, Regulations Division,

Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW,

Washington DC 20226 (202) 927-8199.

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

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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, 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) 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

boundaries prominently marked.

Petition

The Bureau of Alcohol, Tobacco and Firearms (ATF) has received a

petition proposing a new viticultural area to be called Diamond

Mountain. The proposed viticultural area is located entirely in Napa

County, California. The proposed area encompasses approximately 5,000

acres, of which approximately 450 acres are planted to vineyards.

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

According to the petitioner, Diamond Mountain has been home to

vineyards and wineries since the 1860's. The petitioner presented

evidence that a Mr. Joseph Schram planted his first vines as early as

1863 and had a hundred acres of vineyards by 1892.

According to the petitioner, the evolution of Diamond Mountain into

a Napa Valley regional name began in the early decades of the 20th

century, with Diamond Mountain School and Diamond Mountain Road being

the first features in the region to bear the name. The naming of the

school took place in 1909, with the major access road in the region

designated as Diamond Mountain Road shortly thereafter.

The petitioner has also presented substantial evidence that the

Diamond Mountain region began to gain national renown in the early

1970's, as expanding consumer interest in California wines resulted in

new vineyards, new wineries and a greater awareness of regional wine

character. As evidence for this national name the petitioner includes

an excerpt from the second edition of The Wines of America by Leon

Adams that states, ``Diamond Mountain, like Mt. Veeder and Spring

Mountain also on the west side of Napa Valley, is regarded as a

viticultural district separate from the rest of Napa Valley.''

Historical or Current Evidence That the Boundaries of the

Viticultural Area Are as Specified in the Petition

According to the petitioner, precise boundaries for the region

being proposed have never been delineated. The petitioner does,

however, state that Diamond Mountain's viticultural history and

identity are associated almost exclusively with the Napa Valley, in

Napa County. For this reason, the boundaries of the proposed

viticultural area are entirely within Napa County. According to the

petitioner, the petition takes a conservative approach to establishing

boundaries for Diamond Mountain. The petitioner states that special

care has been taken to assure that the boundaries encompass only those

lands that meet both the historic and geographic criteria for inclusion

in the proposed viticultural area. Also, the boundaries have been drawn

to respect neighboring regions with separate names, histories,

geographic features and political boundaries.

The petitioner cites the Fourth Edition of ``The Connoisseurs'

Handbook of the Wines of California and the Pacific Northwest'' for a

description of the proposed area ``. . . a portion of the Napa Valley's

western hills between St. Helena and Calistoga''. This citation is

accompanied by a map which shows the rough limits of the region: Spring

Mountain to the south, the 400 foot elevation that generally parallels

Highway 29 to the east, Petrified Forest Road to the north and the

Napa-Sonoma County line to the west.

The petitioner claims that the 400 foot contour line for the

northeastern boundary accurately reflects the lowest elevation of

vineyards historically associated with Diamond Mountain. The petitioner

also claims that the southwestern boundary acknowledges the historic

association of the proposed Diamond Mountain viticultural area with

Napa County and Napa Valley, and also recognizes the differences in

history and geography that distinguish Diamond Mountain from adjacent

slopes of the Mayacama Mountains in Sonoma County.

Evidence Relating to the Geographical Features (Climate, Soil,

Elevation, Physical Features, Etc.) Which Distinguish Viticultural

Features of the Proposed Area From Surrounding Areas

According to the petitioner, the geographical features in the

proposed Diamond Mountain viticultural area clearly distinguish it from

surrounding areas. The Diamond Mountain region is situated in the Napa

Valley on the eastern slope of the Mayacamas Mountains. The region

consists entirely of residual upland soils derived from volcanic parent

material. According to the petitioner, these soils are very different

from the alluvial soils on the floor of the Napa Valley to the east and

northeast and are also significantly different from the sedimentary

upland soils prevalent in the Spring Mountain viticultural area to the

south. The petitioner also emphasizes that these soils are

significantly different from the shallow, dry soils in Sonoma County to

the west and southwest.

According to the petitioner, the proposed viticultural area's

topography and aspect contribute to a special microclimate. Hillside

topography and valley temperature inversions combine to give the region

an unusually moderate temperate regime during a growing season, with

lower maximum temperatures and higher minimum temperatures than nearby

locations on the floor of the Napa Valley. The petitioner states that

the microclimate of the Diamond Mountain region is clearly distinctive

when compared to the surrounding areas. The region's microclimate is

slightly warmer than that of the Spring Mountain District to the south,

but somewhat similar due to comparable upland locations, northeastern

(eastern, in Spring Mountain's case) aspects, and cooling influence of

marine breezes from the Pacific Ocean. The microclimate is

significantly cooler than the floor of the Napa Valley to its northeast

and north, due to various tempering influences primarily associated

with its upland location. So too is it cooler than adjacent land to the

west in Sonoma County, due to its predominantly northeastern aspect

which provides

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oblique sun and shade in the afternoon, while the western aspect of the

Mayacamas Mountains adjacent to the region in Sonoma County is clearly

hotter and drier.

Proposed Boundaries

The proposed viticultural area is located in Napa County,

California. The approved USGS maps for determining the boundary of the

proposed Diamond Mountain viticultural area are, ``Mark West Springs,

Calif.'', 7.5 minute series, edition of 1993, and the ``Calistoga,

Calif.'', 7.5 minute series, edition of 1993.

The northeastern boundary follows the 400 foot contour line from

Ritchey Creek northwest to the Petrified Forest Road and the northern

boundary follows the Petrified Forest Road west from the 400 foot

contour line to the Napa-Sonoma county line. The southwestern boundary

follows the official boundary line between Napa and Sonoma counties

southeast from Petrified Forest Road to the east-west boundary between

Sections 18 and 19 in Township 8 North, Range 6 West, Mount Diablo

Range and Meridian. The southern boundary follows the boundary between

Sections 18 and l9, Sections 17 and 20 and Ritchey Creek east from the

Napa-Sonoma county line to the 400 foot elevation line. It also

corresponds with the Northern Boundary of the Spring Mountain District

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 60-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, 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 area.

No new requirements are proposed. Accordingly, a regulatory

flexibility analysis is not required.

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

Thomas B. Busey, Regulations Division, 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.

Par. 2. Subpart C is amended by adding Section 9.166 to read as

follows

Subpart C--Approved American Viticultural Areas

* * * * *

Sec. 9.166 Diamond Mountain.

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

section is ``Diamond Mountain.''

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

of the Diamond Mountain viticultural area are two 1:24,000 Scale

U.S.G.S. topography maps. They are titled:

(1) Mark West Springs, CA 1993

(2) Calistoga, CA 1993

(c) Boundary. The proposed viticultural area is located in Napa

County, California. The beginning point is where the boundary between

Napa and Sonoma counties intersects Petrified Forest Road in Section 3

of Township 8 North, Range 7 West, Mount Diablo Base and Meridian on

the Mark West Springs map;

(1) Then north and east along Petrified Forest Road approximately

1.9 miles to the point where it intersects the 400 foot contour just

east of Section 35 of Township 9 North, Range 7 West, Mount Diablo Base

and Meridian, in the Mallacomes land grant;

(2) Then generally east southeast along the 400 foot contour

approximately 6.5 miles to the point where it intersects Ritchey Creek

in Section 3 of Township 8 North, Range 6 West, Mount Diablo Base and

Meridian;

(3) Then west southwest along Ritchey Creek approximately 2.2 miles

to the point where it intersects the boundary between Sections 17 and

20 of Township 8 North, Range 6 West, Mount Diablo Base and Meridian;

(4) Then due west in a straight line along the section boundary

approximately 0.8 miles to the point where it intersects the boundary

between Napa and Sonoma Counties between Sections 18 and 19 of Township

8 North, Range 6 West, Mount Diablo Base and Meridian;

(5) Then generally northwest along the boundary between Napa and

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Sonoma Counties approximately 4.2 miles to the point where it

intersects Petrified Forest Road, to the point of beginning.

Signed: September 21, 1999.

John W. Magaw,

Director.

[FR Doc. 99-25286 Filed 9-28-99; 8:45 am]

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