[Federal Register Volume 66, Number 90 (Wednesday, May 9, 2001)]
[Rules and Regulations]
[Pages 23589-23592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11675]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[T.D. ATF 452]
RIN 1512-AA07


River Junction Viticultural Area (98R-192P)

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

ACTION: Final rule, Treasury Decision.

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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is 
establishing a viticultural area located in southern San Joaquin 
County, California, to be known as ``River Junction.'' This 
viticultural area is the result of a petition filed by Mr. Ronald W. 
McManis. ATF believes that the establishment of viticultural areas and 
the subsequent use of viticultural area names as appellations of origin 
in wine labeling and advertising allow wineries to designate the 
specific areas where the grapes used to make the wine were grown and 
enable consumers to better identify the wines they purchase.

EFFECTIVE DATE: July 9, 2001.

FOR FURTHER INFORMATION CONTACT: Tim DeVanney, Regulations Division, 
650 Massachusetts Avenue, NW., Washington, DC 20226; Telephone (202) 
927-8196.

SUPPLEMENTARY INFORMATION:

Background

    On August 23, 1978, ATF published Treasury Decision ATF-53 (43 FR 
37672, 54624) revising regulations in 27 CFR part 4. These regulations 
allow the establishment of definite American viticultural areas (AVAs). 
The regulations also allow the name of an

[[Page 23590]]

approved viticultural area to be used as an appellation of origin in 
the labeling and advertising of wine.
    On October 2, 1979, ATF published Treasury Decision ATF-60 (44 FR 
56692), which added a new part 9 to 27 CFR, providing for the listing 
of approved American viticultural areas. Section 4.25a(e)(1), Title 27, 
Code of Federal Regulations, defines an American viticultural area as a 
delimited grape-growing region distinguishable by geographical 
features, the boundaries of which have been delineated in subpart C of 
part 9. Section 4.25a(e)(2) outlines the procedure for proposing an 
American viticultural area. Any interested person may petition ATF to 
establish a grape-growing region as a viticultural area. The petition 
should include:
    (a) Evidence that the name of the proposed viticultural area is 
locally and/or nationally known as referring to the area specified in 
the petition;
    (b) Historical or current evidence that the boundaries of the 
viticultural area are as specified in the petition;
    (c) Evidence relating to the geographical features (climate, soil, 
elevation, physical features, etc.) which distinguish the viticultural 
features of the proposed area from surrounding areas;
    (d) A description of the specific boundaries of the viticultural 
area, based on features which can be found on United States Geological 
Survey (U.S.G.S.) maps of the largest applicable scale; and
    (e) A copy of the appropriate U.S.G.S. map(s) with the boundaries 
prominently marked.

Petition

    ATF has received a petition from Mr. Ronald W. McManis, proposing 
to establish a new viticultural area in southern San Joaquin County, 
California, to be known as ``River Junction.'' The viticultural area is 
located at the western edge of San Joaquin Valley (also known as the 
Central Valley) and the southernmost edge of the Sacramento-San Joaquin 
River Delta. It contains approximately 1,300 contiguous acres, of which 
740 are currently planted to vineyards. Present agricultural use of the 
area is primarily 700 acres of Chardonnay grapes. An additional 40 
acres are planted to Cabernet Sauvignon grapes.

Notice of Proposed Rulemaking

    In response to this petition, ATF published a notice of proposed 
rulemaking, Notice No. 901, in the Federal Register on August 10, 2000 
[65 FR 48653], proposing the establishment of the River Junction 
viticultural area. The notice requested comments from interested 
persons by October 10, 2000.

Evidence That the Name River Junction Is Locally or Nationally 
Known

    The origin of the name, ``River Junction,'' refers to the junction 
of the Stanislaus River with the San Joaquin River. Mr. McManis states, 
``The name is in prominent use within the AVA, undoubtedly because of 
the significant prehistoric, historic, and ongoing influence of the 
rivers' confluence on the immediate area.'' The petitioner owns a 
vineyard in the AVA. The property, purchased in the early 1990's, was 
previously known as ``River Junction Vineyards.'' A vineyard block map 
of his ranch shows the historical ownership of the vineyards by the 
designation ``R'' for ``River Junction Vineyards.'' These vineyards are 
located within the AVA.
    The name ``River Junction'' is also used for River Junction 
Reclamation District No. 2064, a State of California Special District 
dating from at least 1925. River Junction Reclamation District includes 
Bret Harte Gardens subdivision, filed October 11, 1922. Since this 
subdivision assumes reclamation within the District, it seems likely 
that ``River Junction,'' as a District name, dates at least to 1922. 
The name is also used for River Junction Farms subdivision no. 2 within 
the River Junction Reclamation District.

Evidence of Boundaries

    The viticultural area is bounded on the north by an old river 
terrace shelf delineated by Division Road; on the northwest by a 
drainage boundary enhanced and delineated by Airport Way; on the west 
and south by the San Joaquin River; and on the south and east by the 
Stanislaus River.
    Following the Federal Swampland Act of 1850, reclamation of 
wetlands was begun. A portion of the River Junction AVA was designated 
as a State Reclamation District, River Junction Reclamation District 
No. 2064. Ronald McManus indicated that this portion of the AVA ``. . . 
occupies the southern one-third of the California State Reclamation 
District No. 2064 and is the same as River Junction Farms Subdivision 
No. 2, except that it does not include 195 acres at the northeast 
corner of that subdivision.''
    As indicated, the petitioner owns a vineyard in the viticultural 
area. Most of the property, purchased in the early 1990's, was 
previously known as River Junction Vineyards and is located within the 
northwest and southwest boundaries of the AVA, west of Two Rivers Road.

Geographical Features

Topography

    The following topographical evidence shows that the area is 
distinct from surrounding areas:
    (a) South, east and west boundaries. The River Junction 
viticultural area is bounded on the west by relatively steep slopes and 
the San Joaquin River, and is bounded on the south and east by gentle, 
nearly flat topography and the Stanislaus River. The area is locally 
unique in terms of topography: its gentle, persistent southwest slope 
and higher boundaries form a shallow, slightly tilted bowl about 18 to 
25 feet in elevation at the center. Original natural boundaries to the 
west, south and east have been exaggerated by engineered, permanent 
levees that range from about 35 to 42 feet in elevation. Geographical 
analyses, provided by the petitioner, show a transect through the River 
Junction AVA and illustrate the elevation differences that distinguish 
it.
    (b) Northern boundary. The northern boundary of the area is an 
abrupt, natural elevation change at about the 29 foot contour, 
delineated by Division Road. Physical evidence indicates that Division 
Road was placed on the upper side of a pre-existing natural river 
terrace boundary. The topographic change marked by the road exactly 
follows geologic and soil type boundaries extending from the east to 
the center of section 7 on the Ripon, CA quadrangle map T3S/R7E and 
westward to Airport Way. The natural extension of ``Red Bridge Slough'' 
to the northwest is further evidence that this boundary is a natural 
river terrace.
    (c) Northwest boundary. The northwest boundary of the River 
Junction AVA is delineated by Airport Way, a subtle natural high that 
is exaggerated by the raised roadbed. Elevation ranges from about 29 to 
35 feet. Available geologic and historic evidence strongly supports the 
conclusion that, like Division Road, Airport Way follows a natural 
topographic high. The U.S.G.S. maps submitted by the petitioner show 
two separate sloughs draining from the Airport Way/Division Road 
intersection. An unnamed slough on the U.S.G.S. Ripon, CA quadrangle 
map drains southeast through the River Junction AVA, while the other 
slough, called ``Red Bridge Slough'' on the U.S.G.S. Vernalis, CA 
quadrangle map, flows in the opposite direction. A 1925 Reclamation 
District Map (``southern part'') provided by the petitioner also

[[Page 23591]]

shows the two sloughs. These two sloughs coincide with occurrences of 
Merritt soils, which fan out to the northwest and southeast of the 
Airport Way/Division Road intersection. This provides further evidence 
that the intersection of Airport Way and Division Road has historically 
sat on naturally higher topography from which the soils accumulated 
downhill in two directions.

Soil

    The following is evidence regarding the soil composition of the 
River Junction AVA:
    (a) Formation and distribution of local soils. The River Junction 
AVA contains soils that are generally grouped as alluvial, and which 
formed on the geologic parent material of recent river channel deposits 
that are exposed in, and partly define, the area. Soils that formed on 
the stream channel deposits and derived from these deposits, are 
similar to one another in nature, and are characteristic of the parent 
sedimentary deposits. These soils are identified as ``recent alluvial 
floodplains soils'' and ``delta and floodplains soils'' in the U.S. 
Department of Agriculture soils reports for San Joaquin and Stanislaus 
counties.
    Where the Stanislaus River joins the San Joaquin River, bounding 
topography is steeper to the west and flatter to the east, thus 
restricting the westward limits of soils. West of the San Joaquin 
River, northeast facing slopes limit alluvial soils to an area only 
about \1/2\ mile or less in width. These soils, primarily Merritt--
Columbia--Dello series and Dospalos--Bolfar complex, are bounded on the 
west by basin soils of the Willows--Pescadero series and terrace soils 
of the Capay series. Conversely, east of the San Joaquin River, flatter 
topography has allowed alluvial soils to accumulate to a width of 1 to 
1\1/2\ miles.
    South of the Stanislaus River there are mostly Columbia--Temple 
series soils, bounded by basin soils of the Waukena--Fresno 
association, and alluvial fan soils of the Modesto--Chualar group that 
extend eastward.
    North of the Stanislaus River, elevation is slightly higher than to 
the south, and topography is nearly flat but includes subtle northwest-
facing and more strongly expressed southwest-facing slopes. Here the 
alluvial soils reach 1\1/2\ miles in width and are composed of 
Merritt--Grangeville--Columbia series with lesser amounts of Dello and 
Egbert soils. They are bounded to the east by terrace soil groups, 
primarily of the Delhi--Veritas--Tinnin series.
    (b) Unique soil composition of area. The River Junction 
viticultural area is a mix of soils that differs from the surrounding 
areas. Among the total soils, nearly one-half are sandy types, and 
about one-fourth of the total is fine sandy loam of the Grangeville 
series. Soil types include about 25 percent Grangeville fine sandy 
loam; about 50 percent Merritt silty clay loam; nearly 25 percent 
Columbia fine sandy loams; and less than 1 percent Veritas silty clay 
loam. None of the surrounding areas has nearly as high a ratio between 
sandy loam to clay loam soils. Grangeville sandy loam is unusual in 
this part of the southern delta. The single other local occurrence of 
Grangeville sandy loam soil is west of the San Joaquin River, 1\1/2\ 
miles northwest, and is less than 11 acres in area.
    Grangeville and Columbia series are formed in alluviums derived 
from granitic rock sources and the Merritt series is formed in 
alluviums from mixed rock sources. The Grangeville, Merritt, and 
Columbia series of soils are characterized as ``prime farmland.'' These 
soils are all very deep, less well drained, and have moderate to high 
water capacity. Permeability ranges from moderately slow in the Merritt 
series to rapid in the Columbia and Grangeville series. They occupy 
nearly flat areas at low elevation and are occasionally flooded. They 
are exceedingly fertile soils that are capable of supporting wine 
grapes, almonds, tomatoes, sugar beets, wheat and other crops. Grapes 
have been grown on Columbia soils, but apparently, in San Joaquin 
County at least, have not been previously grown on bottomlands with 
Grangeville and Merritt.
    Soil samples collected on-site at the viticultural area during 
October 1997 include one sample from each of the dominant units. Brief 
low-power microscopic analysis from each of these samples indicated 
similar texture and composition. All samples contained abundant angular 
quartz grains and mica flakes, indicating granitic origin. These soils 
are mineralogically young and should be expected to be very high in 
available minerals.
    (c) Comparisons with surrounding areas. The River Junction 
viticultural area is clearly distinct from all potentially comparable 
adjacent local tracts, including the Red Bridge Slough, Walthall 
Slough, and Northeast areas.
    As would be expected of deposits formed along rivers, downstream 
alluvial soils have a wider distribution than does their parent 
alluvial substrate, due to stream transport, while upstream the derived 
soils are less widely distributed than the underlying stream channel 
deposits.
    In the River Junction viticultural area, derived alluvial soils 
strictly overlap but do not extend beyond their parent recent river 
deposits. The strict relationship between the channel deposits and 
their derived soils in the area results in a strikingly distinct 
northern boundary.
    The location of these soil changes corresponds to the location of a 
strongly expressed terrace (distinct change in elevation) which angles 
northwest from the Stanislaus River near its mouth. Its upper side is 
nearly exactly followed by Division Road. This terrace probably marks 
the highest flood stage in historically recent times and suggests that 
soils in the area are probably derived from Stanislaus River alluvium. 
This would explain the distinctively high granitic content of these 
soils as compared with the surrounding area.
    In the Red Bridge Slough area (north of the AVA's boundary 
following Airport Way) overlap of alluvial soils with parent channel 
deposits is less exact and the soils are restricted to the west of the 
Slough. This tract has a slight northwest slope and, based on field 
observation, is wetter than the River Junction viticultural area. It 
has no strongly expressed northern or eastern boundaries, and thus 
would have less temperature extremes than the AVA due to the absence of 
topographic enclosure.
    The Red Bridge Slough area also has soils that are different from 
the proposed River Junction AVA. It contains about 35 percent Columbia 
loam. At its center it includes 10 percent Egbert silty clay loam. No 
Grangeville sands are present. As indicated above, the tract is part of 
River Junction Reclamation District No. 2064, which was recorded as 
River Junction Farms subdivision no. 3 in 1925. Durham Ferry State 
Recreation Area occupies about 20 percent of the tract, and the 
remaining part is essentially flat at 20-25 feet elevation.
    Southeast of Walthall Slough, located north of the Red Bridge 
Slough area, the relationship between channel deposits and derived 
soils is obscure. Here the soils occupy a larger expanse than do the 
underlying stream deposits. They include nearly 40 percent Columbia 
soils and about 20 percent Dello clay loam. No Grangeville sands are 
present. Topographically, this area is essentially flat to slightly 
northwest sloping. In terms of soils, and the microclimate that would 
be inferred from the flat and open topography, it is completely 
different from the AVA.
    To the northeast, recent river alluvium still underlies the soils 
but soils in this area include about 20

[[Page 23592]]

percent Veritas and Manteca series. No Grangeville sands are present. 
Otherwise, the Merritt and Columbia soils percentages are comparable to 
the River Junction AVA. However, this area is higher and flatter, 
averaging about 30-35 feet elevation, and has no distinct topographic 
boundaries. Therefore, it undoubtedly has less temperature extremes 
than the AVA. This area comprises about 195 acres of the original River 
Junction Farms subdivision no. 2.

Climate

    The River Junction AVA is shown on a Sacramento-San Joaquin Delta 
map (``Base Map Source--Department Of Water Resources''). The AVA 
appears within the boundaries of the aforementioned delta, at the 
southeasternmost tip. The southernmost edge of the Sacramento-San 
Joaquin River Delta is more modified by inland weather patterns than 
other parts of the Delta. This part of the Delta experiences more 
extreme high and low temperatures, although still receiving maritime 
influence. It is subject to little rainfall (10 to 11 inches per year) 
and, at its southernmost part, lies within the rain shadow of the 
maritime influenced land to the west. This is the driest part of the 
Delta and can be considered as arid to semiarid with maritime 
influence.
    The viticultural area is distinctively cooler than the immediate 
surrounding area (Modesto, Stockton, Tracy Carbona, Tracy Pumping 
Plant, and Rivercrest Vineyards). Temperature data from 1995 and 1996 
were recorded by a weather station located near the center of the River 
Junction AVA, at Rivercrest Vineyards. The monthly-averaged data show 
that minimum temperatures are consistently slightly cooler than 
elsewhere in the region, especially in summer. Average high 
temperatures are similar to Antioch and Lodi, which are significantly 
closer to the Suisun and San Francisco Bays and would be expected to 
experience more cooling from the maritime influence. Average low 
temperatures are generally the coolest among Tracy Carbona and Tracy 
Pumping Plant. Significantly, minimum August temperatures are 2 to 5 
degrees cooler than Tracy, Stockton, and Modesto.
    Grapes grown here are also subject to seasonally later frosts as 
pointed out by an unpublished agricultural analysis by Cook and Lider 
dated 1972.

Comments on Notice of Proposed Rulemaking

    ATF did not receive any comments in response to Notice No. 901. 
Having analyzed and evaluated the evidence contained in the petition, 
ATF is adopting the River Junction viticultural area as proposed.

Boundary

    The boundaries of the River Junction viticultural area may be found 
on the following two 1:24,000 Scale U.S.G.S. topographical maps. They 
are titled:

(1) Ripon, CA 1969, photorevised 1980;
(2) Vernalis, CA 1969, photorevised 1980;

The boundaries are described in Sec. 9.164.

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.

Regulatory Flexibility Act

    It is hereby certified that this proposed regulation will not have 
a significant economic impact on a substantial number of small 
entities. Any benefit derived from the use of a viticultural area name 
is the result of the proprietor's own efforts and consumer acceptance 
of wines from a particular area. No new requirements are imposed. 
Accordingly, a regulatory flexibility analysis is not required.

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(j)) and its implementing regulations, 5 CFR part 1320, do not 
apply to this final rule because no requirement to collect information 
is proposed.

Drafting Information

    The principal author of this document is Tim DeVanney, 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 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 Sec. 9.164 as follows:

Subpart C--Approved American Viticultural Areas


Sec. 9.164  River Junction.

    (a) Name. The name of the viticultural area described in this 
section is ``River Junction.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the River Junction viticultural area are the following 
two 1:24,000 Scale U.S.G.S. topographical maps. They are titled:

(1) Ripon, CA 1969, photorevised 1980;
(2) Vernalis, CA 1969, photorevised 1980;

    (c) Boundaries. The River Junction AVA is located in southern San 
Joaquin County, California. The boundaries are as follows:
    (1) Beginning on the Vernalis, CA quadrangle map at the 
intersection of the secondary highway Airport Way and the San Joaquin 
River levee, near Benchmark 35 in T3S/R6E;
    (2) Then in a southeasterly direction, follow the levee along the 
San Joaquin River onto the Ripon, CA quadrangle map;
    (3) Then in a northerly direction around Sturgeon Bend in section 
18 T3S/R7E;
    (4) Then continuing in a generally southeasterly, then 
northeasterly direction along the levee adjoining the Stanislaus River 
through sections 19, 20 and 17 to the point where the levee intersects 
sections 17 and 8;
    (5) Then continuing in a northerly direction along the levee in 
section 8 for approximately 1,000 feet;
    (6) Then in a straight line in a northwesterly direction for 
approximately 100 feet to the intersection with Division Road;
    (7) Then in a southwesterly, then northwesterly direction along 
Division Road through sections 8, 17, 18 and 7 to the intersection with 
the secondary highway Airport Way;
    (8) Then in a southwesterly direction along Airport Way onto the 
Vernalis quadrangle map to the starting point at the intersection of 
Airport Way and the San Joaquin River levee T3S/R6E.

    Dated: March 8, 2001.
Bradley A. Buckles,
Director.

    Approved: April 4, 2001.
Timothy E. Skud,
Acting Deputy Assistant Secretary, (Regulatory, Tariff and Trade 
Enforcement).
[FR Doc. 01-11675 Filed 5-8-01; 8:45 am]
BILLING CODE 4810-31-P