[Federal Register: December 20, 2002 (Volume 67, Number 245)]
[Rules and Regulations]
[Page 77922-77924]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de02-4]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[T.D. ATF-486; Re: Notice No. 948]
RIN 1512-AC71
Capay Valley Viticultural Area (99R-449P)
AGENCY: Bureau of Alcohol, Tobacco and Firearms, Treasury.
ACTION: Treasury decision, final rule.
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SUMMARY: This Treasury decision establishes the Capay Valley
viticultural area in northwest Yolo County, California. The Capay
Valley viticultural area covers approximately 150 square miles or about
102,400 acres. Approximately 25 acres are currently planted to wine
grapes.
EFFECTIVE DATE: February 18, 2003.
FOR FURTHER INFORMATION CONTACT: Kristy Col[oacute]n, Regulations
Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts
Avenue, NW., Washington, DC 20226; telephone 202-927-8210.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
What Is ATF's Authority To Establish a Viticultural Area?
The Federal Alcohol Administration Act (FAA Act) at 27 U.S.C.
205(e) requires that alcohol beverage labels provide the consumer with
adequate information regarding a product's identity and prohibits the
use of deceptive information on such labels. The FAA Act also
authorizes the Bureau of Alcohol, Tobacco and Firearms (ATF) to issue
regulations to carry out the Act's provisions.
Regulations in 27 CFR part 4, Labeling and Advertising of Wine,
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.
A list of approved viticultural areas is contained in 27 CFR part 9,
American Viticultural Areas.
What Is the Definition of an American Viticultural Area?
Section 4.25(e)(1), title 27 CFR, defines an American viticultural
area as a delimited grape-growing region distinguishable by
geographical features. Viticultural features such as soil, climate,
elevation, and topography distinguish it from surrounding areas.
What Is Required To Establish a Viticultural Area?
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 must include:
[sbull] Evidence that the name of the proposed viticultural area is
locally and/or nationally known as referring to the area specified in
the petition;
[sbull] Historical or current evidence that the boundaries of the
viticultural area are as specified in the petition;
[sbull] Evidence relating to the geographical features (climate,
soil, elevation, physical features, etc.) which distinguish the
viticultural features of the proposed area from surrounding areas;
[sbull] A description of the specific boundaries of the
viticultural area, based on features which can be found on United
States GeologicalSurvey (U.S.G.S.) maps of the largest applicable
scale; and
[sbull] A copy of the appropriate U.S.G.S. map(s) with the
boundaries prominently marked.
Rulemaking Proceeding
Capay Valley Petition
ATF received a petition from Tom Frederick and Pam Welch of Capay
Valley Vineyards proposing to establish the ``Capay Valley''
viticultural area in northwestern Yolo County, California. The valley
has several wine grape growers, including one who recently received
awards for his wines. This viticultural area covers approximately 150
square miles, or about 102,400 acres. Approximately 25 acres are
currently planted to wine grapes.
[[Page 77923]]
Notice of Proposed Rulemaking
ATF published a notice of proposed rulemaking regarding the Capay
Valley viticultural area in the July 25, 2002, Federal Register as
Notice No. 948 (67 FR 48597). In that notice, ATF requested comments by
September 23, 2002, from all interested persons concerning the
establishment of this viticultural area. ATF received no comments in
response to Notice No. 948.
What Name Evidence Has Been Provided?
The petitioners submitted as evidence an excerpt from the book
``Capay Valley: The Land & The People,'' by Ada Merhoff. The excerpt
states that the name ``Capay Valley'' was used in the late 1840s to
identify the area when Pio Pico, governor of the territory of Alta
California, granted nine square leagues of land called the Rancho
Canada de Capay to three Berryessa brothers. The book also contains a
copy of an 1857 map of the valley, titled ``Map of the Rancho Canada De
Capay.'' A copy of a map titled ``Property Owners 1858 Canada de Capay
Grant'' on page 6 of the book shows further subdivisions as lands were
sold.
In addition, Merhoff's book mentions the Adobe Ranch, a 19th
century Capay Valley ranch owned by John Gillig, which also contained a
vineyard and winery. Merhoff references other works that also mention
Gillig's ranch. ``The Western Shore Gazeteer & Commercial Directory for
the State of California--Yolo County'' by C.P. Sprague and H.W. Atwell
states that, in 1869, the Capay Valley Winery at Gillig's ranch
processed grapes from his and several other small vineyards in the
vicinity, yielding 30,000 gallons of wine in both red and white
varieties. Frank T. Gilbert's ``The Illustrated Atlas and History of
Yolo County,'' published in 1879, notes that Gillig's vineyard was
``awarded the premium in 1861 for having the finest vineyard in the
state.'' Merhoff's book also states that the word ``Capay'' comes from
the Wintun Indian's word ``capi'', which means ``stream'' in their
Native American language.
What Boundary Evidence Has Been Provided?
The ``Capay Valley'' viticultural area is located in northwest Yolo
County, California, and borders Napa, Lake, and Colusa Counties. The
boundaries of the viticultural area follow the natural physical
boundaries of the valley, which are formed by the Blue Ridge Mountains
to the west and the Capay Hills to the east. Additionally, Cache Creek
runs the entire length of the valley. These boundaries also coincide
with those of the Capay Valley General Plan, which is a subset of the
Yolo County General Plan.
In addition to the required U.S.G.S. map, the petitioner provided a
set of maps of Yolo County compiled in 1970 as part of a soil survey by
the United States Department of Agriculture's Soil Conservation Service
and the University of California Agricultural Experiment Station. These
maps show in further detail the boundaries of the viticultural area.
What Evidence Relating to Geographical Features Has Been Provided?
Soils
The petitioners assert that the soils of the Capay Valley
viticultural area range from Yolo-Brentwood, which is a well-drained,
nearly level, silty clay loam on alluvial fans, to Dibble-Millsholm,
which is a well drained, steep to very steep loam to silty clay loam
over sandstone.
Some areas have clay soils with creek rock and debris intermixed.
Volcanic ash is also found in some areas, primarily in the rolling
hills in the center of the valley. The petitioners contend that these
clay soils intermixed with creek rock and volcanic ash, add a
distinctive viticultural aspect to the area.
The petitioners state that one of the major soil differences
between Capay Valley and the adjacent Central Valley area is the
abundance of calcareous soils. This supply of calcium makes the clay
soils of the Capay Valley less binding and allows grapevine roots to
penetrate through the soils more easily. Water usage is therefore less
than would be expected given the warm climatic conditions. The calcium-
magnesium ratio in the soils is easier to manage because it is easier
to add magnesium than calcium.
Elevation
The petitioners note that the elevation of the Capay Valley
viticultural area ranges from 100 meters on the valley floor, to 750
meters at the top of the Blue Ridge, and 550 meters at the top of the
Capay Hills.
Climate
The petitioners characterize the climate of the viticultural area
as one with hot, dry summers and a long growing season. Portions of the
valley receive moderating breezes from the Sacramento Delta and San
Francisco Bay. Fog creeps over the tops of the Blue Ridge during heavy
fog periods in the bay, but the valley is shielded from the ground fog
that is pervasive in the Sacramento Valley. Winters are moderate and
late spring frosts are occasional enough to negate the need for active
frost protection.
Also, the petitioners state that Capay Valley is warmer than Napa
Valley to the west. This warmer climate enables the Capay Valley to
avoid the frost problems that are common in Napa, offers an earlier
growing season, typically 3 to 4 weeks, and reduces the need for as
many sulfur sprays throughout the growing season.
Additionally, the petitioners note, the area differs from its
Central Valley neighbors to the east in that, while they share a warmer
climate, Capay Valley's bud-break is typically 1-2 weeks later.
Regulatory Analyses and Notices
Is This a Significant Regulatory Action as Defined by 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.
How Does the Regulatory Flexibility Act Apply to This Proposed Rule?
This regulation will not have a significant economic impact on a
substantial number of small entities. No new requirements are proposed.
The establishment of a viticultural area is neither an endorsement nor
approval by ATF of the quality of wine produced in the area. The
approval of this viticultural area petition 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 a
proprietor's own efforts and consumer acceptance of wines from that
area. Accordingly, a regulatory flexibility analysis is not required.
Does the Paperwork Reduction Act Apply to This Proposed Rule?
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 rule
because no requirement to collect information is imposed.
Drafting Information
The principal author of this document is Kristy Col[oacute]n,
Regulations Division, Bureau of Alcohol, Tobacco and Firearms.
List of Subjects in 27 CFR Part 9
Administrative practice and procedure, Alcohol and alcoholic
[[Page 77924]]
beverages, Consumer protection, 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
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
2. Subpart C is amended by adding Sec. 9.176 to read as follows:
Sec. 9.176 Capay Valley.
(a) Name. The name of the viticultural area described in this
section is ``Capay Valley''.
(b) Approved Maps. The appropriate map for determining the boundary
of the Capay Valley viticultural area is the United States Geological
Survey (U.S.G.S.) topographic map titled: 30X60 Minute Quadrangle
(Healdsburg, California 1972) (Scale: 1:100,000).
(c) Boundaries. The Capay Valley viticultural area is located in
Yolo County, California. The beginning point is the junction of the
Yolo, Napa, and Lake County lines.
(1) From the beginning point, proceed north then east along the
Yolo-Lake County line;
(2) At the junction of the Yolo, Lake, and Colusa County lines,
continue east along the Yolo-Colusa County line to its junction with
the boundary between ranges R4W and R3W;
(3) Then south along the R4W and R3W boundary to its junction with
the 250 meter contour line;
(4) Proceed generally southeast along the meandering 250 meter
contour line to its junction with the T10N-T11N section line;
(5) Continue east along the T10N-T11N section line to the unnamed
north-south secondary highway known locally as County Road 85;
(6) Then south along County Road 85, crossing Cache Creek, to its
intersection with State Highway 16;
(7) Proceed east on Highway 16 to its junction with the unnamed
north-south light duty road known locally as County Road 85B;
(8) Then south on County Road 85B to its junction with the unnamed
east-west light duty road known locally as County Road 23;
(9) Proceed west on County Road 23 for approximately 500 feet to an
unnamed light duty road known locally as County Road 85;
(10) Proceed south on County Road 85 until the road ends and
continue south in a straight line to the T9N-T10N section line;
(11) Then west on the T9N-T10N section line to the Napa-Yolo County
line;
(12) Continue northwest following the Napa-Yolo county line and
return to the starting point.
Dated: October 24, 2002.
Bradley A. Buckles,
Director.
Approved: November 14, 2002.
Timothy E. Skud,
Deputy Assistant Secretary (Regulatory, Tariff & Trade Enforcement).
[FR Doc. 02-31940 Filed 12-19-02; 8:45 am]
BILLING CODE 4810-31-P