16502 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Proposed Rules

By Direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 97–8795 Filed 4–4–97; 8:45 am]

BILLING CODE 6750–01–M

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 noncontiguous 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
Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Proposed Rules 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 betterprotected 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 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)

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
16504 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Proposed Rules

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 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

proposed viticultural area, does a ridgetop 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, sunsoaked 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
Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Proposed Rules 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 Xericmesic 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 81⁄2′′ × 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.
16506 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Proposed Rules

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

§ 9.152 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: March 13, 1997.

John W. Magaw,

Director.

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

BILLING CODE 4810–31–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 926

Surface Coal Mining and Reclamation

Operations Under the Federal Lands

Program; State-Federal Cooperative

Agreements; Montana

AGENCY: Office of Surface Mining

Reclamation and Enforcement, Interior.

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: The Office of Surface Mining

Reclamation and Enforcement (OSM) is

reopening and extending the comment

period on a proposed rule which would

amend the cooperative agreement

between the Department of the Interior

and the State of Montana for the

regulation of surface coal mining and

reclamation operations on Federal lands