55512 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 4, 10, 11, 12, 18, 24, 103,

112, 122, 127, 133, 141, 143, 148, 151,

152, 159, 171, 177 and 191

[T.D. 97–82]

Technical Amendments to the

Customs Regulations

AGENCY: U.S. Customs Service,

Department of the Treasury.

ACTION: Final rule; correction.

SUMMARY: This document makes a

correction to the document published in

the Federal Register which set forth

various minor technical changes and

corrections to the Customs Regulations.

The correction involves the wording of

the regulatory text contained in the

amendatory instruction pertaining to

§ 11.9.

EFFECTIVE DATE: This correction is

effective October 3, 1997.

FOR FURTHER INFORMATION CONTACT:

Harold Singer, Regulations Branch,

Office of Regulations and Rulings (202–

927–2340).

SUPPLEMENTARY INFORMATION:

Background

On October 3, 1997, Customs

published in the Federal Register (62

FR 51766) as T.D. 97–82 a final rule

document setting forth various minor

technical changes and corrections to the

Customs Regulations. The regulatory

amendments included a change to

paragraph (b) of § 11.9 (19 CFR 11.9).

Although the Background portion of

T.D. 97–82 correctly included the word

‘‘purchaser’’ in identifying the affected

regulatory text, the amendatory

instruction set forth later in the

document inadvertently included the

word ‘‘producer’’ as part of the amended

regulatory text. This document sets forth

a new amendatory instruction

pertaining to § 11.9 to correct this error.

Correction to the Final Regulations

On page 51770, in the first column,

the amendatory instruction for § 11.9 is

corrected to read as follows:

2. In § 11.9, the first sentence of

paragraph (b) is amended by removing

the words ‘‘manufacturer or purchaser

of’’ and adding, in their place, the words

‘‘manufacturer or purchaser or’’.

Dated: October 20, 1997.

Harold M. Singer,

Chief, Regulations Branch.

[FR Doc. 97–28300 Filed 10–24–97; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 9

[TD ATF–392]

RIN 1512–AA07

Mendocino Ridge Viticultural Area

(95R–017P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Treasury.

ACTION: Treasury decision, final rule.

SUMMARY: This Treasury decision

establishes a viticultural area located

within the boundaries of Mendocino

County, California to be known as

‘‘Mendocino Ridge,’’ under 27 CFR part

9. This viticultural area is the result of

a petition submitted by Mr. Steve Alden

on behalf of the Mendocino Ridge

Quality Alliance. There are about

262,400 acres or approximately 410

square miles within the outer

boundaries of the ‘‘Mendocino Ridge’’

viticultural area, but the actual

viticultural area encompasses only the

areas at or above 1200 feet in elevation.

Because of the 1200 foot elevation, this

viticultural area is unique from other

coastal viticultural areas. Of the total

262,400 acres, less than one third, 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. There

are approximately 75 acres of grapes

currently growing within the boundaries

of the viticultural area. The 75 acres of

grapes are divided among six wineries.

EFFECTIVE DATE: December 26, 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)(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 petitioned ATF on behalf of

the Mendocino Ridge Quality Alliance

for 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 ‘‘Mendocino

Ridge’’ viticultural area.

Given the unusual nature of the area,

ATF requested public comment in

Notice No. 848 on specific questions

regarding the supporting evidence. ATF

pointed out that the viticultural area

would include only the land above a

certain elevation within the boundaries

described. Thus, ATF wished to solicit

public comment on the following

questions about the geographic
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55513

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 foot (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?

Comments

No comments were received in

response to Notice No. 848.

Evidence That the Name of the Area Is

Locally or Nationally Known

The name Mendocino Ridge has been

chosen as the name of the viticultural

area because the area is widely known

by that name. Many books and

magazines have historically referred to

the 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

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 betterprotected sites around Ukiah and in the

adjacent McDowell and Redwood valleys.

(Emphasis added)

Gerald Asher further stated that:

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. 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.

The six vineyards within the

‘‘Mendocino Ridge’’ viticultural area are

known by locals and wine writers as the

‘‘Mendocino Ridge’’ vineyards. 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, Hog

Ranch Ridge, Hog Pen Ridge, Steve’s

Ridge, Ponds Ridge, Brytan Ridge, and

Pearly Ridge. 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. These ‘‘mountain peaks’’

are generally no higher than points on

the ridge. 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 ‘‘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 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. ATF is not aware of any grapes

being grown at the lower elevations in

the area below the 1200 foot coastal fog

line.

Historical or Current Evidence That the

Boundaries of the Viticultural Area are

as Specified in the Petition

Many articles have been written in

wine periodicals and books over the

years about the unique and distinctive

wines produced from grapes grown

within the ‘‘Mendocino Ridge’’

viticultural area. For example, Making

Sense of California Wine by Matt

Kramer (1992, William Morrow and Co.,

N.Y.) 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 RutherfordOakville 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.)

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.

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.

According to Matt Kramer in Making

Sense of California Wine (1992):

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.)

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. 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

Zinfandel. In addition, the Zenis,

Ciapuscis, and DuPratts all had wineries
55514 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

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. 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.

Evidence Relating to the Geographical

Features (Climate, Soil, Elevation,

Physical Features, etc.) Which

Distinguish the Viticultural Features of

the Area From Surrounding Areas

The ‘‘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 area is 36

miles long. A small segment of the

viticultural area overlaps the Anderson

Valley viticultural area along its

northeastern boundary. This segment

has been included in the ‘‘Mendocino

Ridge’’ viticultural area because it is

climatically, geologically and

enologically the same as the

‘‘Mendocino Ridge’’ area. Again, Matt

Kramer in Making Sense of California

Wine (1992) states on page 218:

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).

The grape growing region of the

viticultural area encompasses the

coastal ridge above the 1200 foot

elevation entirely within the Coastal

Zone in the southwest corner of

Mendocino County, California. Less

than one third of the entire 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. There

are approximately 75 acres of grapes

currently growing within the boundaries

of the 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. Summer mornings are

characterized by ‘‘lakes of fog’’ with the

ridge-tops protruding like ‘‘small

islands’’ soaking up the cool morning

sun.

Topography

The ‘‘Mendocino Ridge’’ area is

characterized by narrow irregular ridges

that have a high elevation point of 2736

feet at Cold Spring Mountain. The sideslopes 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

viticultural area, does a ridge-top

vineyard exceed 30 acres in one

continuous block.

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 soils are unique to this triangle of

rugged, timber-covered ridge-top 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

what the petitioner calls ‘‘cool, sunsoaked islands in the sky.’’ The

‘‘Mendocino Ridge’’ viticultural area

also receives a significantly greater

amount of annual rainfall than the

surrounding areas.

The soils within the ‘‘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.

The area is dominated by timber type

soils and is clearly separated from

surrounding soils at the ‘‘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 ‘‘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 15 to 50 percent of the tree

canopy with douglas 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 ‘‘Mendocino Ridge’’ viticultural area

are identified as follows:

1. Zeni

This soil is moderately deep and welldrained 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, welldrained soil formed in material

weathered from sandstone. Gube soils
Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations 55515

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

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 is moderately deep and welldrained and was 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 above soils contrast with the soils

to the northeast and southeast of the

‘‘Mendocino Ridge’’ viticultural area.

Along the northeast border of the

‘‘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 ‘‘Mendocino

Ridge’’ viticultural area are the Xericmesic 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

‘‘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 Usticisomestic soils of the ‘‘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

specific Xeric-mesic type soils of the

Yorkville upland area contrast with the

soils in the ‘‘Mendocino Ridge’’

viticultural area.

In summary, the soils of the

‘‘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 ‘‘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 ‘‘Mendocino Ridge’’

viticultural area 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

‘‘Mendocino Ridge’’ viticultural 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. 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 ‘‘Mendocino Ridge’’ area has both

a rainy and dry season of moderate

temperature. The rainy season occurs

from November through May. The

average annual temperature for the area

is about 53 degrees Fahrenheit, 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 climate in the adjacent growing

regions is 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 ‘‘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.

Boundaries

The boundary lines of the

‘‘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 area may be found on the following

U.S. Department of Interior Geological

Survey 15 minute series Quadrangle

maps:

(1) Ornbaun Valley Quadrangle,

California, 1960

(2) Navarro Quadrangle, California,

1961.

(3) Point Arena Quadrangle,

California, 1960.

(4) Boonville Quadrangle, California,

1959.

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

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 more

accurately describe the origin of their

wines to consumers, and helps
55516 Federal Register / Vol. 62, No. 207 / Monday, October 27, 1997 / Rules and Regulations

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. No new

requirements are proposed.

Accordingly, a regulatory flexibility

analysis is not required.

Executive Order 12866

It has been determined that this

regulation is not a significant regulatory

action as defined by Executive Order

12866. Accordingly, this final rule 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, Wine.

Authority and Issuance

Title 27, Code of Federal Regulations,

part 9, American Viticultural Areas, is

amended as follows:

PART 9—AMERICAN VITICULTURAL

AREAS

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 § 9.158 to read as follows:

* * * * *

§ 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: September 3, 1997.

John W. Magaw,

Director.

Approved: September 24, 1997.

John P. Simpson,

Deputy Assistant Secretary (Regulatory, Tariff

and Trade Enforcement).

[FR Doc. 97–28280 Filed 10–24–97; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 67

[DoD Instruction 1215.17]

Educational Requirements for

Appointment of Reserve Component

Officers to a Grade Above First

Lieutenant or Lieutenant (Junior

Grade)

AGENCY: Department of Defense.

ACTION: Final rule.

SUMMARY: Publishes DoD guidelines for

implementing policy, assigns

responsibilities, and prescribes

procedures for identifying criteria for

determining educational institutions

which award baccalaureate degrees that

satisfy the educational requirement of

officers to a grade above First Lieutenant

in the Army Reserve, Air Force Reserve,

and Marine Corps Reserve, or

Lieutenant (Junior Grade) in the Naval

Reserve, or for officers to be federally

recognized in a grade above First

Lieutenant as a member of the Army

National Guard or the Air National

Guard.

EFFECTIVE DATE: This rule is effective

October 27, 1997.

FOR FURTHER INFORMATION CONTACT:

Colonel Rowan W. Bronson, OASD/RA

(M&P), (703) 693–7490.

SUPPLEMENTARY INFORMATION: It has been

determined that this amendment is not

a significant regulatory action. This final

rule does not:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy; a section of the economy;

productivity; competition; jobs; the

environment; public health or safety; or

State, local, or tribal governments of

communities.

(2) Subject to the Regulatory

Flexibility Act and does not impose any

reporting or recordkeeping requirements

under the Paperwork Reduction Act of

1980.

(3) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another Agency.