[Federal Register Volume 76, Number 240 (Wednesday, December 14, 2011)]
[Rules and Regulations]
[Pages 77696-77699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32017]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2011-0005; T.D. TTB-99; Ref: Notice No. 118]
RIN 1513-AB80
Establishment of the Naches Heights Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury Decision.
-----------------------------------------------------------------------
SUMMARY: This final rule establishes the 13,254-acre ``Naches Heights''
viticultural area in Yakima County, Washington. TTB designates
viticultural areas to allow vintners to better describe the origin of
their wines and to allow consumers to better identify wines they may
purchase.
DATES: Effective Date: January 13, 2012.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW., Washington, DC 20220; telephone (202) 453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act requires that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels, and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the
regulations promulgated under the FAA Act.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets
forth standards for the preparation and submission of petitions for the
establishment or modification of American viticultural areas and lists
the approved American viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features as described in part 9 of
the regulations and a name and delineated boundary as established in
part 9 of the regulations. These designations allow vintners and
consumers to attribute a given quality, reputation, or other
characteristic of a wine made from grapes grown in an area to its
geographic origin. The establishment of viticultural areas allows
vintners to describe more accurately the origin of their wines to
consumers and helps consumers to identify wines they may purchase.
Establishment of a viticultural area is neither an approval nor an
endorsement by TTB of the wine produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.12 (27 CFR 9.12) of the TTB
regulations prescribes standards for petitions for the establishment or
modification of American viticultural areas. Such petitions must
include the following:
Evidence that the area within the proposed viticultural
area boundary is nationally or locally known by the viticultural area
name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed viticultural area;
A narrative description of the features of the proposed
viticultural area that affect viticulture, such as climate, geology,
soils, physical features, and elevation, that make it distinctive and
distinguish it from adjacent areas outside the proposed viticultural
area boundary;
A copy of the appropriate United States Geological Survey
(USGS) map(s) showing the location of the proposed viticultural area,
with the boundary of the proposed viticultural area clearly drawn
thereon; and
A detailed narrative description of the proposed
viticultural area boundary based on USGS map markings.
Petition for the Naches Heights Viticultural Area
TTB received a petition from R. Paul Beveridge, owner of Wilridge
Winery and Vineyard, to establish the ``Naches Heights'' American
viticultural area in the State of Washington. The proposed Naches
Heights viticultural area is located entirely within the larger
Columbia Valley viticultural area (27 CFR 9.74) of Washington and
Oregon. The city of Yakima lies to the southeast of the proposed
viticultural area in a valley at lower elevations.
According to the petition, the proposed Naches Heights viticultural
area encompasses 13,254 acres and contains 105 acres of commercial
vineyards either producing or expecting to produce wine grapes in the
foreseeable future.
Name Evidence
The ``Naches Heights'' name applies to an elevated plateau area in
Yakima County, Washington, according to the petition and USGS maps. The
USGS topographical maps of Naches, Selah, Yakima West, and Wiley City
are used in the written boundary description in the petition to define
the boundary of the proposed viticultural area. The area between the
Naches River and Cowiche Creek is identified as ``Naches Heights'' on
the USGS maps as well as on a public lands map (Yakima Public Lands
Quadrangle map, 2001, Washington State Department of Natural
Resources), according to the petition.
TTB notes that a search of the USGS Geographical Names Information
System (GNIS) describes Naches Heights as a summit in Yakima County,
Washington. Also, a general Internet search for ``Naches Heights''
produced many hits relating to the geographical region in which the
proposed viticultural area falls.
The petition provided evidence of local usage of the name ``Naches
Heights,'' including listings for the ``Naches Heights Community
Center'' and the ``Little Store on Naches Heights'' in The
DexOnline.com, Qwest, 2008 Yakima Valley telephone
[[Page 77697]]
directory. The petition also included multiple articles from the Yakima
Herald-Republic referring to ``Naches Heights,'' including an October
22, 2008, obituary of Albert Robert Couchman, who had worked in
orchards in Naches Heights; an October 24, 2008, article about a cross-
country competition entitled ``Local Report: GNAC's best heading to
Naches Heights''; and an October 26, 2008, article entitled ``Naches
Heights: Senior Marcie Mullen turned in Central Washington University's
top performance in Saturday's GNAC cross country championship * * *.''
In addition, the petition included a 1990 Cowiche Canyon brochure
issued by the Bureau of Land Management's Spokane District that
contained a drawing showing the Naches Heights geographical area, with
Cowiche Canyon to the immediate west at lower elevations.
Boundary Evidence
According to USGS maps submitted with the petition, the Naches
Heights plateau landform is surrounded by lower elevation valleys and
the lower Tieton River to the west, the Naches River to the north and
east, and Cowiche Creek to the south and west. The man-made Congdon
(Schuler) Canal is located along a portion of the proposed eastern
boundary line, closely following the 1,300-foot elevation line. TTB
notes that these landforms are distinguishable on both the aerial
photographs and the USGS maps submitted with the petition.
Comparison of the Proposed Naches Heights Viticultural Area to the
Existing Columbia Valley Viticultural Area
The proposed Naches Heights viticultural area lies entirely within,
and is 0.001 percent the size of, the Columbia Valley viticultural
area. The 11.6 million acre Columbia Valley viticultural area was
established by T.D. ATF-190, published in the Federal Register (49 FR
44895) on November 13, 1984. It was described as a large, treeless
basin surrounding the Yakima, Snake, and Columbia Rivers in portions of
Washington and Oregon. The topography of the Columbia Valley
viticultural area was described as a rolling terrain, cut by rivers and
broken by long, sloping, basaltic, east-west uplifts. In addition, T.D.
ATF-190 stated that the Columbia Valley viticultural area is dominated
by major rivers and has a long, dry growing season. The Naches Heights
petition notes that the ancient Missoula Floods carved much of the
basin geography within the Columbia Valley AVA.
The proposed viticultural area is a single, elevated Tieton
andesite plateau landform that ends in andesite cliffs that descend
into the valleys surrounding the plateau. Although this landform
generally shares a similar climate, it is geographically and
geologically distinguishable from the surrounding portions of the
Columbia Valley viticultural area, according to the petition. The
relatively flat terrain of the plateau gently increases in elevation
over the 11 miles from southeast to northwest, as shown on the USGS
maps, and the entire plateau is elevated over the surrounding valleys.
Unlike the rest of the Columbia Valley, no major rivers cross the
plateau landscape, although the proposed viticultural area contains
several intermittent streams and small ponds.
Distinguishing Features
The petition states that geology, geography, and soils distinguish
the proposed viticultural area from the surrounding areas.
Geology
The petition states that approximately one million years ago, the
termination of andesite flow from the Cascade Mountains down the valley
of the Tieton River formed the Naches Heights plateau. The proposed
Naches Heights viticultural area is located on, and encompasses, a
geological formation of Tieton andesite, a volcanic rock.
According to the petition, in contrast to the Naches Heights
plateau, there are alluvial deposits, including those that are terraced
and older, to the north, east, and south of the proposed viticultural
area. To the west of the area are alluvial deposits and Grande Ronde
Basalt, Ringold Formation gravels, the Ellensburg Formation, and the
Cascade Mountains.
Geography
The petition states that the proposed Naches Heights viticultural
area is a plateau that terminates in cliffs of andesite to the north,
east, and south. The andesite cliffs distinguish the proposed
viticultural area from the Naches River Valley, the Cowiche Creek
Valley, and the nearby Yakima River Valley. The USGS maps show that the
Naches Heights plateau is elevated in comparison to the surrounding
river and creek valleys. Aerial photos submitted with the petition also
show the Naches Heights plateau landform and the cliffs that surround
it in contrast with the surrounding lower elevation valleys.
On the far west side of the proposed viticultural area, the
andesite cliffs are subsumed by the foothills of the Cascade Mountains,
according to the petition and the USGS maps. Although not distinguished
by steep cliffs, the proposed western boundary line marks the end of
andesite rocks and the beginning of the Cascade Mountains foothills, as
shown in an aerial photo submitted with the petition. Elevations
gradually rise heading west and northwest of the Naches Heights into
the Cascade Mountains and the 3,578-foot Bethel Ridge. The high
mountainous elevations to the west create a rain shadow effect that
protects the Naches Heights plateau from Pacific winter storms.
Elevations on the Naches Heights and along the Tieton andesite
cliffs also distinguish the plateau from the surrounding regions,
according the petition. The lowest elevations of the proposed
viticultural area are approximately 1,200 feet, which is at the tip of
the andesite flow at the far eastern edge of the proposed viticultural
area. From this point, the cliffs rise to 1,400 feet, according to the
USGS maps. The highest elevation of the plateau, located near the far
western end of the proposed viticultural area, is approximately 2,100
feet, at which point the cliffs drop immediately to 1,600 feet. The
Yakima City Hall lies to the southeast of the proposed viticultural
area at 1,061 feet, a significantly lower elevation than that of the
Naches Heights. As explained in the petition, cold air drains off the
plateau and into the surrounding valleys, thereby reducing potential
frost damage and winterkill to vineyards on the Naches Heights.
Soils
After the volcanic flow of andesite cooled and hardened to form the
Naches Heights plateau, pockets of loess, or wind-blown soil, were
deposited on the plateau, according to the petition. After a period of
about 1 million years marked by winds and volcanic eruptions in the
Cascades, deep beds of unique soils formed in the loess pockets on the
plateau. The predominant soils on the plateau are Tieton loam and
Ritzville silt loam (U.S. Department of Agriculture, National Resource
Conservation Service, Web Soil Survey at http://websoilsurvey.nrcs.usda.gov/). According to the petition, the only
major difference between Tieton loam and Ritzville silt loam is that
the latter formed in deeper pockets of loess, thus creating a very
consistent soil type throughout the proposed viticultural area.
The Naches Heights plateau landform, according to the NRCS web soil
survey, has generally deep loess soils with
[[Page 77698]]
adequate drainage and deep rooting depths conducive to successful
viticulture. Further, the grape vine roots are not prone to freezing,
or winterkill, in the deep plateau soils.
Unlike the plateau, much of the greater Columbia Valley region that
surrounds the Naches Heights was covered by alluvial material deposited
by the ancient Missoula Floods, according to the petition. Hence, the
proposed viticultural area is surrounded mainly by gravelly alluvial
soils readily distinguishable from the Tieton loam and Ritzville silt
loam of Naches Heights. Harwood loam, a transitional soil formed in
both loess and alluvium, is located in small areas of the southern
portion of the Naches Heights that is outside the boundary line of the
proposed viticultural area.
Rocks, cobbles, and shallow rooting depths are characteristics of
the lower elevation valley region that surrounds the Naches Heights
plateau, according to the NRCS data. In the valley region, the cold air
from the surrounding mountain elevations drains onto the valley floor
and ponds to create stagnant, cold air environments that make vine
growth difficult during some seasons, the petition explains. Unlike the
Naches Heights soils, the valley and floodplain soils, including the
Weirman, Wenas, and Kittitas series, are subject to seasonal flooding
and a water table close to the surface of the soil, according to NRCS
data. In addition, the valley vines have shallow rooting depths that
can reach the water table and be frozen during extreme cold weather.
Further, seasonal flooding can affect some portions of the surrounding
valley area.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 118 regarding the proposed Naches Heights
viticultural area in the Federal Register (76 FR 30060) on May 24,
2011. In that notice, TTB requested comments from all interested
persons by July 25, 2011. TTB solicited comments on the accuracy of the
name, boundary, and other required information submitted in support of
the petition. TTB expressed particular interest in whether the
geographical features of the proposed viticultural area are so
distinguishable from the surrounding Columbia Valley viticultural area
that the proposed Naches Heights viticultural area should no longer be
a part of the Columbia Valley viticultural area. TTB also sought
information on the impact of the establishment of the proposed Naches
Heights viticultural area on wine labels that include the words
``Naches Heights,'' and whether there would be a conflict between the
proposed viticulturally significant terms and currently used brand
names.
TTB received no comments in response to Notice No. 118.
TTB Finding
After careful review of the petition, and after receiving no
contrary evidence during the comment period, TTB finds that the
evidence provided by the petitioner supports the establishment of the
proposed Naches Heights viticultural area within the Columbia Valley
viticultural area as proposed in Notice No. 118. Accordingly, under the
authority of the Federal Alcohol Administration Act and part 4 of TTB's
regulations, TTB establishes the ``Naches Heights'' viticultural area
in Yakima County, Washington, effective 30 days from the publication
date of this document.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this notice. In this final
rule, TTB altered some of the language in the written boundary
description provided in the petition and published as part of Notice
No. 118. TTB made these alterations in the written boundary description
language for clarity and to conform the written boundary description to
the boundary of the proposed viticultural area as marked on the USGS
maps submitted with the petition.
Maps
The maps for determining the boundary areas of the viticultural
area are listed below in the regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. With the establishment of this viticultural area, its
name, ``Naches Heights,'' is recognized as a name of viticultural
significance under 27 CFR 4.39(i)(3). The text of the regulation
clarifies this point. Once this final rule becomes effective, wine
bottlers using ``Naches Heights'' in a brand name, including a
trademark, or in another label reference as to the origin of the wine,
will have to ensure that the product is eligible to use the
viticultural area's name as an appellation of origin.
On the other hand, TTB finds that no single part of the proposed
viticultural area name standing alone, such as ``Naches,'' has
viticultural significance. Accordingly, the regulatory text set forth
in this document specifies only the full ``Naches Heights'' name as a
term of viticultural significance for purposes of part 4 of the TTB
regulations. The establishment of the Naches Heights viticultural area
will not affect any existing viticultural area, and any bottlers using
Columbia Valley as an appellation of origin or in a brand name for
wines made from grapes grown within the Naches Heights viticultural
area will not be affected by the establishment of this new viticultural
area. The establishment of the Naches Heights viticultural area will
allow vintners to use both ``Naches Heights'' and ``Columbia Valley''
as appellations of origin for wines made from grapes grown within the
Naches Heights viticultural area.
For a wine to be labeled with a viticultural area name or with a
brand name that includes a viticultural area name or other term
identified as being viticulturally significant in part 9 of the TTB
regulations, at least 85 percent of the wine must be derived from
grapes grown within the area represented by that name or other term,
and the wine must meet the other conditions listed in 27 CFR
4.25(e)(3). If the wine is not eligible for labeling with the
viticultural area name or other viticulturally significant term and
that name or term appears in the brand name, then the label is not in
compliance and the bottler must change the brand name and obtain
approval of a new label. Similarly, if the viticultural area name or
other term of viticultural significance appears in another reference on
the label in a misleading manner, the bottler would have to obtain
approval of a new label.
Different rules apply if a wine has a brand name containing a
viticultural area name or other term of viticultural significance that
was used as a brand name on a label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name would be the result of a proprietor's efforts
and consumer acceptance of wines from that area. Therefore, no
regulatory flexibility analysis is required.
Executive Order 12866
This final rule is not a significant regulatory action as defined
by
[[Page 77699]]
Executive Order 12866. Therefore, it requires no regulatory assessment.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
0
2. Subpart C is amended by adding Sec. 9.222 to read as follows:
Subpart C--Approved American Viticultural Areas
Sec. 9.222 Naches Heights.
(a) Name. The name of the viticultural area described in this
section is ``Naches Heights''. For purposes of part 4 of this chapter,
``Naches Heights'' is a term of viticultural significance.
(b) Approved maps. The five United States Geological Survey
1:24,000 scale topographic maps used to determine the boundary of the
Naches Heights viticultural area are titled:
(1) Selah, Wash., 1958, photorevised 1985;
(2) Yakima West, Wash., 1958, photorevised 1985;
(3) Wiley City, Wash., 1958, photorevised 1985;
(4) Naches, Wash., 1958, photorevised 1978; and
(5) Tieton, Wash., 1971, photoinspected 1981.
(c) Boundary. The Naches Heights viticultural area is located in
Yakima County, Washington. The boundary of the Naches Heights
viticultural area is as described below:
(1) The beginning point is on the Selah map at the intersection of
the Burlington Northern single-track rail line and the Congdon
(Schuler) Canal, section 9, T13N/R18E. From the beginning point,
proceed south-southwesterly along the single rail line, onto the Yakima
West map, approximately 0.35 mile to the first intersection of the rail
line with an unnamed creek, locally known as Cowiche Creek, section 9,
T13N/R18E; then
(2) Proceed upstream (westerly) along Cowiche Creek, onto the Wiley
City map and then onto the Naches map, approximately 6.25 miles to the
confluence of the North and South Forks of Cowiche Creek, south of
Mahoney Road, section 3, T13N/R17E; then
(3) Proceed upstream (northwesterly) along the North Fork of
Cowiche Creek approximately 1.6 miles to the intersection of the North
Fork with Livengood Road, section 34, T14N/R17E; then
(4) Proceed north and northwest on Livengood Road approximately
1.12 miles until the road turns west and joins Forney Road, and
continue approximately 1.02 miles along Forney Road to the intersection
of Forney Road with the North Fork of Cowiche Creek, section 28
northwest corner, T14N/R17E; then
(5) Proceed upstream (northwesterly) along the North Fork of
Cowiche Creek approximately 1.8 miles to the intersection of the North
Fork with the section 17 west boundary line, T14N/R17E; then
(6) Proceed straight north along the section 17 west boundary line
to its intersection with Cox Road, and then continue north along Cox
Road to the intersection of Cox Road with Rosenkranz Road, section 17
northwest corner, T14N/R17E; then
(7) Proceed west on Rosenkranz Road, onto the Tieton map,
approximately 0.6 mile to the intersection of Rosenkranz Road with
North Tieton Road, section 7 south boundary line, T14N/R17E; then
(8) Proceed north on North Tieton Road approximately 0.5 mile to
the intersection of North Tieton Road with Dilley Road, section 7,
T14N/R17E; then
(9) Proceed west on Dilley Road approximately 0.5 mile to the
intersection of Dilley Road with Franklin Road, section 7 west boundary
line and the R16E and R17E common line, T14N; then
(10) Proceed north on Franklin Road approximately 0.8 mile to the
intersection of Franklin Road with Schenk Road and the section 6 west
boundary line, T14N/R16E; then
(11) Proceed west on Schenk Road approximately 0.55 mile to the
intersection of Schenk Road with Section 1 Road, section 1, T14N/R16E;
then
(12) Proceed straight north from the intersection of Schenk Road
and Section 1 Road approximately 2.2 miles to the 1,600-foot elevation
line, section 36, T15N/R16E; then
(13) Proceed easterly and then southeasterly along the 1,600-foot
elevation line, onto the Naches map, approximately 7.5 miles to the
intersection of the 1,600-foot elevation line with the section 26 north
boundary line, T14N/R17E; then
(14) Proceed straight east along the section 26 north boundary line
approximately 0.25 mile to the intersection of the section 26 north
boundary line with the 1,400-foot elevation line, T14N/R17E; then
(15) Proceed southeasterly along the 1,400-foot elevation line
approximately 2.5 miles to the intersection of the 1,400-foot elevation
line with Young Grade Road, section 31, T14N/R18E; then
(16) Proceed east in a straight line approximately 0.15 mile to the
Congdon (Schuler) Canal, which closely parallels the 1,300-foot
elevation line, section 31, T14N/R18E; and then
(17) Proceed southeasterly along the Congdon (Schuler) Canal, onto
the Selah map, approximately 3.25 miles, returning to the beginning
point, section 9, T13N/R18E.
Signed: September 28, 2011.
John J. Manfreda,
Administrator.
Approved: October 20, 2011.
Timothy E. Skud,
Deputy Assistant Secretary, Tax, Trade, and Tariff Policy.
[FR Doc. 2011-32017 Filed 12-13-11; 8:45 am]
BILLING CODE 4810-31-P