[Federal Register Volume 59, Number 7 (Tuesday, January 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-477]
[[Page Unknown]]
[Federal Register: January 11, 1994]
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DEPARTMENT OF THE TREASURY
Bureau of Alcohol, Tobacco and Firearms
27 CFR Part 9
[Notice No. 787 and 93F-022P]
RIN 1512-AA07
Seiad Valley Viticultural Area
AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of
the Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is
considering the establishment of a viticultural area located in
Siskiyou County, California, to be known as ``Seiad Valley.'' This
proposal is the result of a petition filed by Brian J. Helsaple of
Seiad Valley Vineyards. 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 allows wineries
to designate the specific areas where the grapes used to make the wine
were grown and enables consumers to better identify the wines they
purchase.
DATES: Written comments must be received by March 14, 1994.
ADDRESSES: Send written comments to: Chief, Wine and Beer Branch,
Bureau of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, DC
20091-0221, Attn: Notice No. 787. Copies of written comments received
in response to this notice of proposed rulemaking will be available for
public inspection during normal business hours at: ATF Reference
Library, Office of Public Affairs and Disclosure, room 6300, 650
Massachusetts Avenue, NW., Washington, DC 20226.
FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Wine and Beer
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 definite American viticultural areas. The
regulations also allow the name of an 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,
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 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 Brian J. Helsaple of Seiad Valley
Vineyards proposing to establish a viticultural area in Siskiyou
County, California, to be known as ``Seiad Valley.'' The proposed
viticultural area is located in northwestern California, about 15 miles
south of the Oregon border. It contains approximately 2160 acres, of
which approximately 2.5 acres are planted to vineyards. Seiad Valley
Vineyards is the only commercial grower and the only wine producer
currently active within the proposed viticultural area.
Evidence of Name
Evidence that the name of the proposed area is locally and/or
nationally known as referring to the area specified in the petition
includes:
(a) The U.S.G.S. map used to show the boundaries of the proposed
area (the Seiad Valley Quadrangle 7.5 minute series map) uses the name
``Seiad Valley'' to describe the area immediately surrounding Seiad
Creek, corresponding to the portion of the proposed area which is north
of the Klamath River. The map also shows the town of Seiad Valley
within this area. The map shows no separate designation for the portion
of the proposed area south of the Klamath River, which is drained by
Grider Creek.
(b) The petitioner provided excerpts from the 1957 issue of
Siskiyou Pioneer, an annual publication of the Siskiyou County
Historical Society, which discuss the history of the name Seiad Valley,
and local understanding of the extent of the area known as Seiad, or
Seiad Valley. ``Sciad,'' by Betty Livingston and Hazel Davis, states
the name Seiad was originally spelled Sciad, and the creek and valley
were called that by the trappers ``before the prospectors came in
1850.'' Sometime after 1871, the spelling of the name changed to Seiad.
In ``Gold Mining from Scott Bar to Happy Camp,'' by J.B. Grider, the
following description appears:
Seiad is a small valley two miles long and one mile wide * * *
There are two large creeks in Seiad, Grider Creek and Seiad Creek.
Grider Creek flows north into the Klamath from the Marble Mountain
territory. Seiad creek flows south into the Klamath from the
Siskiyous and Red Mountain.''
(c) The petitioner also provided a copy of a claim document dated
August 26, 1942, which states the Grider Creek mining claim is
``situate in the Seiad Mining District.''
Evidence of Boundaries
The petitioner has defined the proposed area primarily by its
elevation, using the 1600 and 1800 foot contour lines. As evidence that
the proposed boundaries for the area are as specified in the petition,
the petitioner states that the vegetation within and outside the area
provides a dramatic contrast. Within the proposed area, cottonwood, oak
and willow trees and wild blackberries and grapes grow in addition to
the cultivated crops. Outside the proposed area, on the higher slopes
of the surrounding mountains, conifers such as cedar, Douglas fir and
Ponderossa pine predominate in the thin, eroded soils with scant summer
moisture.
Geographical Features
The proposed viticultural area consists of the valleys drained by
Seiad Creek and Grider Creek, which both flow into the Klamath River in
northwestern California. According to the petitioner, these valleys and
an expanse of land along the Klamath River which connects them share
characteristics of topography, soil composition and climate which
distinguish the proposed viticultural area from the surrounding areas.
The petitioner provided the following evidence to support his claims:
Topography
The U.S.G.S. topographic map submitted by the petitioner shows the
proposed area is a relatively flat area varying in elevation from 1,400
to 1,600 feet, with a small portion as high as 1,800 feet, surrounded
by steeply rising terrain. Outside the area, the elevation ranges from
2,000 to 2,800 feet, with peaks exceeding 3,000 feet on all sides, and
some peaks as high as 3,900 feet. The petitioner explains that snow
melt, runoff, and erosion from these higher areas into the valley
create a contrast in both the quality of soils and the availability of
water within and outside the proposed area. The lower elevation within
the proposed area also contributes to more moderate temperatures there.
Soil
The petitioner states that the valley floor ``is composed of deep
fertile soil mixtures of loam, sand, clay and rocks eroded from the
surrounding mountain slopes.'' According to a draft environmental
impact report prepared in 1975 by the California Department of
Transportation, the valley floor is ``mostly alluvium deposits which
were widely dredged and hydraulically mined for gold. Chromite was also
mined within the Seiad Valley area.'' Dredging left ``tailings,'' or
piles of rounded rocks, wherever the dredge operated. The petitioner
states that these granite-dominated rock tailings store heat during the
day and provide protection against frost in spring and fall.
Climate
The petitioner provided the following material related to the
climate in the area:
(a) An article in the Pioneer Press of September 16, 1992, titled
``Rock-pile grapevines surprising all experts,'' contrasted Siskiyou
County growing conditions with those in Seiad Valley vineyard: ``What's
stopped the area from becoming a wine-producing area are the erratic
late spring freezes in the zone where elevations are low enough to even
make it possible. And in some of the county's lowest elevation areas,
the precipitation levels are too high.'' The article stated the rock
tailings in his vineyard ``may give Helsaple just the edge he needs to
be the county's first successful longterm wine grape grower.''
(b) The Sunset New Western Garden Book, 1979 edition, climate map
of northern California and western Nevada showed Seiad Valley as Zone
7, and characterizes a Zone 7 climate as having hot summers and mild
but pronounced winters, favorable for deciduous fruit that requires a
marked seasonal pattern.
Proposed Boundary
The boundary of the proposed Seiad Valley viticultural area may be
found on one United States Geological Survey (U.S.G.S.) map with a
scale of 1:24000. The boundary is described in Sec. 9.148.
Executive Order 12866
It has been determined that this proposed regulation is not a
significant regulatory action as defined in 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 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 proposed. Accordingly,
a regulatory flexibility analysis is not required.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1980, Public Law
96-511, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR
part 1320, do not apply to this notice of proposed rulemaking because
no requirement to collect information is proposed.
Public Participation
ATF requests comments from all interested parties. We are
particularly interested in comments concerning application of the name
``Seiad Valley'' to the area south of the Klamath River, which is
drained by Grider Creek. 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, but
assurance of consideration cannot be given except as to comments
received on or before the closing date.
ATF will not recognize any comment as confidential. Comments may be
disclosed to the public. Any material which a commenter considers to be
confidential or inappropriate for disclosure to the public should not
be included in the comment. The name of the person submitting a comment
is not exempt from disclosure. During the comment period, any person
may request an opportunity to present oral testimony at a public
hearing. However, the Director reserves the right to determine, in
light of all circumstances, whether a public hearing will be held.
Drafting Information
The principal author of this document is Marjorie D. Ruhf, Wine and
Beer 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.
Par. 2. Subpart C is amended by adding Sec. 9.148 to read as
follows:
Subpart C--Approved American Viticultural Areas
* * * * *
Sec. 9.148 Seiad Valley.
(a) Name. The name of the viticultural area described in this
section is ``Seiad Valley.''
(b) Approved map. The appropriate map for determining the boundary
of the Seiad Valley viticultural area is a U.S.G.S. 7.5 minute series
topographical map of the 1:24000 scale, titled ``Seiad Valley,
Calif.,'' 1980.
(c) Boundary. The Seiad Valley viticultural area is located in
Siskiyou County, California. The boundary is as follows:
(1) The beginning point is the intersection of the 1600 foot
contour line with the power transmission line north of the Klamath
River, near Mile 130;
(2) From the beginning point, the boundary follows the 1600'
contour line in a generally northeasterly direction until it reaches
the intersection of an unnamed light duty road and an unimproved road
just west of Canyon Creek;
(3) The boundary then follows the unimproved road north to its end,
then goes east in a straight line until it reaches the 1800' contour
line;
(4) The boundary then follows the 1800' contour line in a
northeasterly direction to the point, near Sawmill Gulch, where the
contour line crosses Seiad Creek and turns south and west;
(5) The boundary continues to follow the 1800' contour line as it
proceeds southwest for approximately 4.5 miles, then turns sharply
south-southeast for approximately 0.3 miles, until the contour line
turns sharply east at a point just north of the Klamath River;
(6) The boundary then diverges from the 1800' contour line and
proceeds south-southeast in a straight line, across the Klamath River
and State route 96, until it intersects with the 1600' contour line;
(7) The boundary then follows the 1600' contour line south and
west, then north and west, roughly following the course of the Klamath
River, until it reaches an unnamed peak 1744 feet high;
(8) The boundary continues along the 1600' contour line as it
diverges from the Klamath River and proceeds south, just to the east of
an unnamed light duty road, to the point where that road crosses Grider
Creek;
(9) The boundary diverges from the contour line and proceeds west
in a straight line across the road and Grider Creek until it intersects
with the 1600' contour line on the west side of Grider Creek;
(10) The boundary then follows the 1600' contour line north, west
and north again until it reaches a point where the contour line turns
west, just south of the Klamath River;
(11) The boundary diverges from the 1600' contour line and proceeds
in a straight line in a northeasterly direction, back to the point of
beginning.
Approved: December 28, 1993.
Daniel R. Black
Acting Director
[FR Doc. 94-477 Filed 01-10-94; 8:45 am]
BILLING CODE 4810-31-U