[Federal Register Volume 61, Number 115 (Thursday, June 13, 1996)]
[Rules and Regulations]
[Pages 29952-29954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14854]



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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco, and Firearms
27 CFR Part 9

[T.D. ATF-377; Ref: Notice No. 818, T.D. ATF-148]
RIN 1512-AA07


Extension Of The Paso Robles Viticultural Area (93F-026T)

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

ACTION: Final rule. Treasury decision.

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SUMMARY: This final rule extends the western border of the Paso Robles 
viticultural area in San Luis Obispo County, California. This extension 
will include vineyard land similar to land in the current Paso Robles 
viticultural area which was established on October 4, 1983, by the 
issuance of Treasury Decision ATF-148 (48 FR 45241). This extension of 
the western border adds approximately 52,618 acres, of which 235 acres 
are being planted to vineyards.

EFFECTIVE DATE: August 12, 1996.

FOR FURTHER INFORMATION CONTACT: Mary Lou Blake, Wine, Beer, and 
Spirits Regulations Branch, Bureau of Alcohol, Tobacco and Firearms, 
650 Massachusetts Avenue, NW., Washington, DC 20226 (202-927-8210).

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 American 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, for the listing of approved 
American viticultural areas.
    Section 4.25a(e)(1), Title 27 CFR, 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 the 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 with the boundaries 
prominently marked.

Petition

    The original petition to extend the western border of the Paso 
Robles viticultural area was filed in July 1993, by Justin C. Baldwin 
as spokesperson for his own vineyard and winery and for five other 
vineyards in the area. All of the vineyards and the winery, which are 
located outside the western border of the current Paso Robles 
viticultural area, were established after the original Paso Robles 
viticultural area was approved. At the time Mr. Baldwin submitted his 
petition additional information was still needed to complete the 
petition. Until the additional information could be obtained, the 
original petition was returned to Mr. Baldwin.
    July Ackerman, Executive Director of the Paso Robles Vintners and 
Growers Association, later resubmitted the petition in December 1994. 
Ms. Ackerman, in her official role as Executive Director, along with 
members of the Paso Robles Vintners and Growers Association, supported 
the extension. The petition also included the names of 71 people in the 
grape and wine

[[Page 29953]]

industries who supported the expansion area.
    Ms. Ackerman stated the expansion area has always been considered a 
part of the Paso Robles Wine Country. In fact, the petition noted that 
the expansion area was included in the original petition but was 
removed due to a petition involving a contiguous area. The expansion 
area is between the boundaries set forth in these two petitions. In 
1989 the Paso Robles Chamber of Commerce published ``A History and Tour 
Guide of the Paso Robles Wine Country.'' Included in this publication 
was one of the vineyards and wineries located in the expansion area. As 
noted, the expansion area was also originally included in the petition 
for the current Paso Robles viticultural area. However, a concurrent 
petition was being considered for the York Mountain viticultural area 
and to prevent any intrusion into York Mountain the petitioner for Paso 
Robles amended the southwestern border. At the same time, the western 
boundary was amended to begin at the next most eastern range line. At 
the time of this amendment, no vineyards had been established in the 
area beyond the amended western boundary.
    The expanded western border of the Paso Robles viticultural area 
will continue to maintain a southwestern border adjacent to York 
Mountain's northern border. This expansion would add approximately 
52,618 acres to the existing viticultural area. Since the final rule 
for the Paso Robles viticultural area was published in 1983, seven 
vineyards have been planted in the expansion area.

Notice of Proposed Rulemaking

    In response to Ms. Ackerman's petition, ATF published a notice of 
proposed rulemaking, Notice No. 818, in the Federal Register on January 
10, 1996 (61 FR 706), proposing the extension of the western border. 
This notice requested comments from all interested persons. Written 
comments were to be received on or before April 9, 1996. No comments 
were received in response to Notice No. 818.

Historical and Current Evidence

    The name of the area comes from the Spanish name ``El Paso de 
Robles'' (meaning ``the Pass of the Oaks''), which was given to the 
area by travelers between the missions of San Miguel and San Luis 
Obispo. A land grant, in this name, was conveyed by Governor 
Micheltorena to Pedro Narvaez on May 12, 1844. This land grant included 
the present area of Paso Robles, Templeton, and Adelaida.
    Historically, the Santa Lucia Mountain range has been known as the 
western border of the Paso Robles area. All seven of the vineyards 
planted since 1983 are located east of the Santa Lucia Mountain Range, 
just beyond the western border of the current Paso Robles Viticultural 
area and north of the York Mountain viticultural area.
    In addition, the expansion area contains the same telephone number 
prefixes and post office zip codes as the existing viticultural area. 
Further, the expansion area utilizes the same government services (i.e. 
schools, fire departments, etc.) as the existing viticultural area.

Geographical Evidence

    The petitioner provided geographical evidence derived from the 
``Soil Survey of San Luis Obispo County, California'' --Paso Robles 
Area. This survey was a cooperative effort of the Soil Conservation 
Service and the University of California Agriculture Experiment 
Station. Petitioner's data also reflects information collected from 
airports, forestry stations, city and county historical records and 
individual agriculturalists.
    The expansion area is characterized by rolling hills, 750 feet to 
1800 feet, similar to the current Paso Robles appellation and unlike 
the more mountainous area of York Mountain. Soils generally consist of 
Nacimiento Ayar, Nacimento Los Osos Balcom Series and Linne-Calodo 
Series, three of the four soil types found in the current appellation.
    Temperatures in the expansion area are the same as the current 
appellation, ranging between 20-110 degrees Fahrenheit. Rainfall in the 
current appellation is between 10 and 25 inches per year. The expansion 
area averages 25 inches per year maintaining a similarity with the 
current appellation and less than the 45 inches per year within the 
York Mountain Viticultural Area. Degree days of 2500--3500 are also the 
same for both the current appellation and the expansion area.

Boundaries

    The boundaries for the extension of the Paso Robles viticultural 
area use range and township lines, the county line and other points of 
reference. These same features are used as boundaries for the existing 
Paso Robles viticultural area.
    The points of reference for the boundaries of the current 
viticultural area and the expansion area are found on United States 
Geological Survey (U.S.G.S.) map entitled ``San Luis Obispo,'' scale 
1:250,000 (1956, revised 1969).

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 final rule because no requirement to collect 
information is imposed.

Regulatory Flexibility Act

    It is hereby certified that this 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 that region. No new recordkeeping or reporting requirements are 
imposed. 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. Therefore, a 
regulatory assessment is not required.

Drafting Information

    The principal author of this document is Mary Lou Blake, Wine, 
Beer, and Spirits Regulations Branch, Bureau of Alcohol, Tobacco and 
Firearms.

List of Subject 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 revising section 9.84(c) to read as 
follows:

Subpart C--Approved American Viticultural Areas
* * * * *


Sec. 9.84   Paso Robles.

* * * * *
    (c) Boundaries. The Paso Robles viticultural area is located within 
San Luis Obispo County, California. From the point of beginning where 
the county

[[Page 29954]]

lines of San Luis Obispo, Kings and Kern Counties converge, the county 
line also being the township line between T.24S. and T.25S., in R.16E.:
    (1) Then in a westerly direction along this county line for 42 
miles to the range line between R.9E. and R.10E.;
    (2) Then in a southerly direction for 12 miles along the range line 
to the southwest of corner of T.26S. and R.10E.;
    (3) Then in a southeasterly direction, approximately 5.5 miles to a 
point of intersection of the Dover Canyon Jeep Trail and Dover Canyon 
Road;
    (4) Then in an easterly direction along Dover Canyon Road, 
approximately 1.5 miles, to the western border line of Rancho Paso de 
Robles;
    (5) Then, following the border of the Paso Robles land grant, 
beginning in an easterly direction, to a point where it intersects the 
range line between R.11E. and R.12E.;
    (6) Then southeasterly for approximately 16.5 miles to the point of 
intersection of the township line between T.29S. and T.30S. and the 
range line between R.12E. and R.13E.;
    (7) Then in an easterly direction for approximately 6 miles to the 
range line between R.13E. and R.14E.;
    (8) Then in a northerly direction for approximately 6 miles to the 
township line between T.28S. and T.29S.;
    (9) Then in an easterly direction for approximately 18 miles to the 
range line between R.16E. and R.17E.;
    (10) Then in a northerly direction for approximately 24 miles to 
the point of beginning.

    Signed: May 17, 1996.
Bradley A. Buckles,
Acting Director.

    Approved: May 24, 1996.
John P. Simpson,
Deputy Assistant Secretary (Regulatory, Tariff and Trade Enforcement).
[FR Doc. 96-14854 Filed 6-12-96; 8:45 am]
BILLING CODE 4810-31-U