[Federal Register Volume 77, Number 89 (Tuesday, May 8, 2012)]
[Proposed Rules]
[Pages 27001-27007]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-11069]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2012-0003; Notice No. 128]
RIN 1513-AB85
Proposed Establishment of the Ancient Lakes of Columbia Valley
Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the 162,762-acre ``Ancient Lakes of Columbia Valley''
viticultural area in Douglas, Grant, and Kittitas Counties in central
Washington. The proposed viticultural area lies within the larger
Columbia Valley viticultural area. 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. TTB invites
comments on this proposed addition to its regulations.
DATES: We must receive your comments on or before July 9, 2012.
ADDRESSES: Please send your comments on this notice to one of the
following addresses:
Internet: http://www.regulations.gov (via the online
comment form for this notice as posted within Docket No. TTB-2012-0003
at ``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington,
DC 20044-4412; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW., Suite 200E, Washington, DC
20005.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
You may view copies of this notice, selected supporting materials,
and any comments that TTB receives about this proposal at http://www.regulations.gov within Docket No. TTB-2012-0003. A link to that
docket is posted on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 128. You also may view copies of this
notice, all related petitions, maps, or other supporting materials, and
any comments that TTB receives about this proposal by appointment at
the TTB Information Resource Center, 1310 G Street NW., Washington, DC
20005. Please call 202-453-2270 to make an appointment.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G St.
NW., Box 12, Washington, DC 20005; phone 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 provides 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 FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated various
authorities through Treasury Department Order 120-01 (Revised), dated
January 21, 2003, to the TTB Administrator to perform the functions and
duties in the administration and enforcement of this law.
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 a 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 of the TTB regulations (27 CFR
9.12) 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 the proposed
viticultural area 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
[[Page 27002]]
the proposed viticultural area clearly drawn thereon; and
A detailed narrative description of the proposed
viticultural area boundary based on USGS map markings.
Ancient Lakes of Columbia Valley Petition
TTB received a petition from Joan R. Davenport, a professor of soil
sciences at Washington State University, and Cameron Fries of White
Heron Cellars, on behalf of the vintners and grape growers in the
Ancient Lakes region of central Washington, proposing the establishment
of the ``Ancient Lakes of Columbia Valley'' viticultural area. The
proposed viticultural area contains 162,762 acres, 1,399 acres of which
are dedicated to commercially-producing vineyards. The petition states
that there are six wineries and six commercially-producing vineyards
located within the proposed viticultural area. The petition also
includes a map showing that the vineyards and wineries are dispersed
throughout the proposed viticultural area. According to the petition,
the distinguishing features of the proposed viticultural area include
its topography, soils, climate, and geology. Unless otherwise noted,
all information and data contained in the below sections concerning the
name, boundary, and distinguishing features of the proposed
viticultural area are from the petition for the proposed Ancient Lakes
of Columbia Valley viticultural area and its supporting exhibits.
TTB notes that the proposed Ancient Lakes of Columbia Valley
viticultural area lies completely within the existing Columbia Valley
viticultural area (27 CFR 9.74). The proposed viticultural area does
not overlap with any other existing or proposed viticultural area.
Name Evidence
The USGS Babcock Ridge map shows the ``Ancient Lake'' place name
marking a cluster of three lakes located in the western half of the
proposed Ancient Lakes of Columbia Valley viticultural area. According
to the USGS Geographic Names Information System (GNIS), the ``Ancient
Lake'' geographical name is also used for two other areas in Oregon.
Given the multiple locations with the same name, TTB requested that the
petitioners provide a geographical modifier to the ``Ancient Lakes''
name originally proposed by the petitioners. In response to TTB's
request, the petitioners changed the proposed viticultural area name to
``Ancient Lakes of Columbia Valley'' to clarify the location of the
proposed viticultural area and avoid any potential confusion with any
other locations referred to as ``Ancient Lakes.'' Additionally, TTB
notes that GNIS shows no other area located within the Columbia Valley
region, including within the existing Columbia Valley viticultural
area, that is designated as ``Ancient Lake'' or ``Ancient Lakes.''
``Ancient Lakes'' is a name commonly used by local residents and
businesses for the general region near the cluster of three lakes
appearing on the Babcock Ridge map. The petitioners submitted a
newspaper article, area maps, and printed documentation of online news
articles that demonstrate such usage. The newspaper article concerned a
geological tour of the Quincy Valley and listed one of the tour stops
as the ``incised coulees of the Ancient Lakes area'' (``Geological
touring,'' Quincy Valley Post-Register, September 10, 2005). An online
news article on desert recreation in Washington State from the Web site
of The Oregonian newspaper is titled ``Ancient Lakes provide water for
wildlife in Washington's sagebrush desert'' (OregonLive.com, March 31,
2010). The Wenatchee Area Wine Trail Map denotes an area surrounding
several wineries as the ``Ancient Lakes Area.'' Also, a vacation guide
map of Grant County, Washington, designates a cluster of three lakes
within the proposed viticultural area as ``Ancient Lakes.''
The petition also includes a series of letters submitted by county
and State government officials, a Member of Congress, and businesses
within the general region of the proposed viticultural area, and area
winemakers that support both the establishment of the proposed
viticultural area and the use of the Ancient Lakes name.
Boundary Evidence
The proposed Ancient Lakes of Columbia Valley viticultural area is
located within a bowl-shaped formation known as the Quincy Basin, which
lies within the larger Columbia Valley region of central Washington.
Most of the proposed viticultural area is within Grant County, with
small parts in Douglas and Kittitas Counties. The proposed Ancient
Lakes of Columbia Valley viticultural area is 12 miles from east-to-
west and 22 miles from north-to-south, according to USGS maps. The
Columbia River forms the western portion of the proposed boundary line.
The Babcock Bench and Babcock Ridge formations, which run north and
south along the eastern side of the river within the proposed
viticultural area, rise sharply before descending to the lower slopes
of the basin floor. The Potholes Coulee, a distinctive feature within
the proposed viticultural area, juts from the Babcock Bench into the
floor of the Quincy Basin. The coulee consists of two parallel, steep-
sided canyons running west to east, perpendicular to the Babcock Bench.
When viewed from above, the coulee has a horseshoe shape, with the
Babcock Bench forming the bottom of the horseshoe. The coulee is dotted
with lakes, including the cluster of three lakes identified as Ancient
Lake on the USGS Babcock Ridge map.
Two east-to-west mountain ranges, Beezley Hills and Frenchman
Hills, define the respective northern and southern edges of the Quincy
Basin. These ranges also form the north and south portions of the
boundary line of the proposed Ancient Lakes of Columbia Valley
viticultural area.
The USGS maps show that the eastern portion of the proposed
boundary line closely follows the north-to-south Frenchman Hills
Wasteway. TTB notes that the wasteway is a manmade irrigation canal.
The proposed eastern boundary line is in the region where the Beezley
Hills begin to curve to the north and the Frenchman Hills begin to
curve to the south, pulling away from their basin-forming shape and
marking the eastern edge of the Quincy Basin.
The western portion of the proposed boundary line follows the
western shoreline of the Columbia River in Kittitas County. The
mountainous landscape to the west of the Columbia River (outside of the
proposed viticultural area) marks the western edge of the Quincy Basin.
Much of the land to the west of the Columbia River outside of the
proposed viticultural area is designated as a wildlife refuge by the
Washington State Department of Game and Wildlife, and, according to the
petitioners, is unlikely to be available for agricultural purposes.
Distinguishing Features
The distinguishing features of the proposed Ancient Lakes of
Columbia Valley viticultural area are topography, soils, and climate.
Topography
The proposed viticultural area is located within a distinctive
landform locally referred to as the Quincy Basin. The basin has
elevations lower than the surrounding area and slopes gently to the
east. As previously noted the foothills of the Beezley Mountains and
the Frenchman Hills form the northern and southern portions of the
proposed boundary. The foothills of the Beezley Hills within the
proposed viticultural area start at around 1,300 feet near the town of
Quincy and rise to around 1,600 feet at the northern portion of the
proposed boundary line. In the foothills
[[Page 27003]]
of the Frenchman Hills, the elevations begin around at 1,200 feet
within the proposed viticultural area and rise to 1,912 feet at the
peak marked Columbia on the USGS Vantage map, near the southern portion
of the proposed boundary line.
The floor of the basin comprises most of the proposed viticultural
area and is much flatter than most of the surrounding region. The
Babcock Bench, Babcock Ridge, and the Potholes Coulee provide the only
significant elevation changes and slope gradients within the basin. The
Babcock Bench begins as a narrow band of nearly flat land within the
proposed viticultural area, with an elevation of 570 feet at the edge
of the river, and quickly rises to the east to form a steep and rugged
terrain. At about the 1,100-foot elevation, the slopes of the Babcock
Bench become even steeper and higher, forming the Babcock Ridge, with
elevations up to 1,586 feet. A map submitted with the petition shows
slope gradients of 54 to 63 percent on the Babcock Ridge. The eastern
slopes of Babcock Ridge are less steep than the western slopes, with
slope gradients of approximately 27 percent, and descend to the lower
elevations of the Quincy Basin floor. The highest elevation on the
Potholes Coulee is a 1,328-foot peak on the rim. The three lakes
identified as Ancient Lake on the USGS map have an elevation of 821
feet at water level, which is one of the lowest elevations in the
coulee. The floor of the Quincy Basin has a nearly flat topography and
slopes downward gently and gradually towards the east from the Potholes
Coulee and Babcock Ridge, with a sloping gradient of less than 4
percent.
To the north of the proposed viticultural area, the slope gradient
is much steeper and the elevations are much higher. The Beezley Hills
rise from the foothills to an elevation of 2,882 feet at Monument Hill.
Slope gradients in the hills range from 27 to 54 percent, much steeper
than the floor of the Quincy Basin within the proposed viticultural
area.
To the east of the proposed viticultural area, the topography is
nearly flat, similar to the floor of the Quincy Basin within the
proposed viticultural area. However, the slight elevations of the
region to the east of the proposed viticultural area have mostly
western-facing slopes, in contrast to the mostly eastern-facing slopes
of the basin floor within the proposed viticultural area. The terrain
east of the proposed viticultural area also develops an upward slope
with a gradient of approximately 11 percent. The change in slope and
the increase in gradient mark the eastern edge of the Quincy Basin.
To the south of the proposed viticultural area are the Frenchman
Hills, which form the southern edge of the Quincy Basin. Outside of the
proposed viticultural area, the elevations of the Frenchman Hills begin
to descend from a height of around 1,740 feet, transitioning into the
feature known as the Royal Slope. The Royal Slope descends to
approximately 1,000 feet and has slope gradients ranging from 4 to 11
percent.
To the west of the Babcock Bench and Columbia River, beyond the
boundary of the proposed viticultural area, the terrain is rugged and
steep, with slope gradients of between 27 to 54 percent. Elevations in
this region start at 580 feet along the banks of the Columbia River and
quickly rise to 2,765 feet at a peak on the West Bar map.
Soils
The proposed Ancient Lakes of Columbia Valley viticultural area
contains 65 soil types (United States Department of Agriculture-Natural
Resources Conservation Service (USDA-NCRS), http://datagateway.nrcs.usda.gov), with the most common 17 soils within the
proposed viticultural area covering 88 percent of the land surface. The
Ancient Lakes region soils are classified as Aridisols, which were
formed in arid conditions and have a low presence of organic matter.
Soils with low levels of organic matter are important in viticulture
because they release less nitrogen, resulting in less vigorous vine
growth and a more favorable fruit-to-canopy ratio.
The petition includes two tables that describe the soil composition
of the proposed Ancient Lakes of Columbia Valley viticultural area and
the areas due north, east, south, and west. The first table lists the
seven most common soil series in the proposed viticultural area and the
percentage (and rank) of the series in areas due north, east, south,
and west. The second table lists the top five soil series in the areas
surrounding the proposed viticultural area. The tables show significant
contrasts in soils within and outside of the proposed Ancient Lakes of
Columbia Valley viticultural area.
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Proposed
Soil viticultural North East South West
area
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Quincy fine sand................ 18.49 (1) 0.71 (40) 36.5 (1) 7.41 (5) 0
Warden very fine sandy loam..... 11.65 (2) 0.07 (92) 0.11 (20) 0.42 (26) 0
Taunton silt loam and loamy fine 9.91 (3) 0 7.75 (4) 9.76 (3) 0
sand...........................
Scoon silt loam................. 8.92 (4) 0 1.76 (11) 7.55 (4) 0
Shano silt loam................. 6.63 (5) 0 0 3.69 (9) 0
Sagehill very fine sandy loam... 5.36 (6) 0 0.06 (22) 0.42 (25) 0
Adkins very fine sandy loam..... 3.36 (7) 0 0 4.76 (7) 0
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Rank North East South West
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1.............. Toler ashy fine sandy Quincy fine sand...... Pits.................. Shin very cobbly ashy
loam. loam.
2.............. Esquatzel silt loam.... Malaga gravelly sandy Taunton silt loam and Argaback very cobbly
loam. loamy fine sand. loam.
3.............. Ritzville silt loam.... Timmerman coarse sandy Scoon silt loam....... Jumpe stony ashy loam.
loam.
4.............. Argaback very cobbly Taunton loamy fine Quincy fine sand...... Tekison stony loam.
loam. sand.
5.............. Bagdad silt loam....... Prosser very fine Adkins very fine sandy Malaga stony sandy
sandy loam. loam. loam.
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To the north of the proposed Ancient Lakes of Columbia Valley
viticultural area, the five most common northern soils are all
Mollisols, which have high levels of organic matter that can contribute
to more vigorous vine growth than the Aridisoils of the proposed
viticultural area. The most common northern soil series shows influence
[[Page 27004]]
from volcanic activity. Volcanic soils tend to have water repellant
characteristics and provide irrigation challenges.
To the east, Quincy fine sand and Taunton loamy fine sand are two
of the five most common soils, similar to the proposed Ancient Lakes of
Columbia Valley viticultural area. However, there are fewer soil types
to the east than within the proposed viticultural area, and a higher
percentage of the soils to the east are sandy soils. Soils high in sand
have lower water holding capacities than less sandy soils.
To the south, all of the seven most common soils in the Ancient
Lakes region are present; however, these soils account for only 24.72
percent of the soil composition. Schawana complex soils, which are not
present within the proposed viticultural area, are the most dominant in
the area to the south of the proposed viticultural area, comprising
15.43 percent of the soils. Schawana complex soils are described as
very weakly developed soils with very shallow depths that are not
particularly well suited for viticulture.
The region to the west contains none of the seven most common soils
found within the proposed viticultural area. Two of the most common
soils to the west are of volcanic origin, as indicated by the presence
of ash. These soils, like the volcanic soils to the north of the
proposed viticultural area, have low water holding capacities. The most
common soils to the west also contain large quantities of stones and
cobbles, which also have low water holding capacity.
Climate
The petition provides climatic data for the proposed Ancient Lakes
of Columbia Valley viticultural area and the surrounding areas,
including annual precipitation averages in inches, growing degree day
(GDD) units,\1\ and the number of consecutive days during which GDD
accumulation was not interrupted by a day when the temperature did not
exceed 50 degrees Fahrenheit (F). A base temperature of 50 degrees F is
used because that is the base temperature used for calculating growing
degree days. TTB notes that a continuous span of GDD unit accumulation
contributes to consistent grape growth and achieving maturity before
the onset of freezing temperatures.
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\1\ In the Winkler climatic classification system, annual heat
accumulation during the growing season, measured in annual GDD,
defines climatic regions. One GDD accumulates for each degree
Fahrenheit that a day's mean temperature is above 50 degrees, the
minimum temperature required for grapevine growth (``General
Viticulture,'' by Albert J. Winkler, University of California Press,
1974, pages 61-64.)
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The table below was derived from the data contained in the
petition. The petition uses long-term weather station data from the
Quincy (within the proposed viticultural area), Wenatchee (to the
north), and Moses Lake (to the east) sites; 2009-10 data from the Royal
City West (to the south) site; \2\ and 2007-2010 data from the
Wenatchee Heights (to the west) site \3\ (the Washington Agricultural
Weather Network Version 2.0, WSU Prosser, www.weather.wsu.edu).
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\2\ According to the petitioner, the Royal City West weather
station went online in December 2008. The data included in the
tables is for the only two complete years available from that
station.
\3\ According to the petitioner, the Wenatchee Heights weather
station data is only available from 2006. The data included in the
tables is for the only four complete years available from that
station.
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Proposed
Location viticultural North East South West
area
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Precipitation in inches......... 6.49 10 7 7.03 8.18
GDD units....................... 2,570 2,640 2,551 2,784 2,169
Number of continuous GDD days... 182 186 175 153 152
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The data in the table above show that the climate within the
proposed Ancient Lakes of Columbia Valley viticultural area is
distinguishable from the climate in surrounding areas. The area to the
north of the proposed viticultural area has more precipitation, more
GDD units, and more continuous GDD unit days. The area to the east is
cooler, as shown by fewer GDD units and a shorter period of GDD unit
days. The area to the south has a greater fluctuation in growing season
temperatures than the proposed viticultural area; although daytime
temperatures climb high enough above 50 degrees F to achieve a high
total number of GDD units, temperatures also drop below 50 degrees F
frequently enough to result in a shorter number of continuous GDD unit
days. The area to the west receives more precipitation than the
proposed viticultural area and is cooler, with fewer GDD units and a
shorter period of continuous GDD unit days.
Comparison of the Proposed Ancient Lakes of Columbia Valley to the
Existing Columbia Valley Viticultural Area
The proposed Ancient Lakes of Columbia Valley viticultural area
lies entirely within, and is approximately 0.01 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, which
published in the Federal Register (49 FR 44895) on November 13, 1984.
T.D. ATF-190 describes the Columbia Valley 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 states that the Columbia Valley viticultural area is dominated
by major rivers and has a long, dry growing season characterized by an
average growing season of 150 days or more; 2,000 GDD units or more;
and 15 inches of rainfall or less annually.
The information submitted in the petition shows that the smaller
proposed Ancient Lakes of Columbia Valley viticultural area generally
has a climate that fits within the climate range of the larger Columbia
Valley viticultural area as described in T.D. ATF-190, with low annual
precipitation, a growing season of 180 days, and 2,570 GDD units.
However, TTB notes that the relatively uniform distinguishing features
of the smaller proposed Ancient Lakes of Columbia Valley viticultural
area contrast to the more varied topography, soils, and climate of the
expansive Columbia Valley viticultural area.
Like the Columbia Valley viticultural area, the proposed Ancient
Lakes of Columbia Valley viticultural area is also a basin, ringed by
the steep slopes of the Beezley Hills, the Babcock Bench, and the
Frenchman Hills. However, the Columbia Valley viticultural area is
marked by three major rivers, whereas
[[Page 27005]]
the water features of the proposed Ancient Lakes of Columbia Valley
viticultural area include many small lakes and two manmade irrigation
canals; the only major river in the proposed Ancient Lakes of Columbia
Valley viticultural area is the Columbia River, which forms the western
portion of the proposed boundary line. Additionally, the soil
information provided in the petition for the proposed Ancient Lakes of
Columbia Valley viticultural area shows that although the soil types
found within the proposed boundary are present to some extent in the
surrounding areas, they do not occur with the same frequency as within
the proposed viticultural area.
TTB Determination
TTB concludes that the petition to establish the 162,762-acre
Ancient Lakes of Columbia Valley viticultural area merits consideration
and public comment, as invited in this notice.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required maps, and TTB lists them below
in the proposed 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. If TTB establishes this proposed viticultural area,
its name, ``Ancient Lakes of Columbia Valley,'' will be recognized as a
name of viticultural significance under 27 CFR 4.39(i)(3). The text of
the proposed regulation clarifies this point. Consequently, wine
bottlers using ``Ancient Lakes of Columbia Valley'' 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 does not believe that any single part of the
proposed viticultural area name standing alone, that is, ``Ancient
Lakes'' or ``Columbia Valley,'' would have viticultural significance in
relation to this proposed viticultural area because: (1) According to
Geographic Names Information Service, the ``Ancient Lakes'' area name
refers to locations in Oregon as well as Washington, so TTB believes
that a determination of ``Ancient Lakes'' as a term of viticultural
significance could lead to consumer and industry confusion and should
be avoided; and (2) ``Columbia Valley,'' standing alone, is locally and
nationally known as referring to the established Columbia Valley
viticultural area (27 CFR 9.74), which is already a term of
viticultural significance under 27 CFR 4.39(i)(3), which states that
``[a] name has viticultural significance * * * when approved as a
viticultural area * * *.'' Therefore, the proposed part 9 regulatory
text set forth in this document specifies only ``Ancient Lakes of
Columbia Valley'' as a term of viticultural significance for purposes
of part 4 of the TTB regulations.
For a wine to be eligible to use a viticultural area name as an
appellation of origin or a term of viticultural significance in a brand
name, at least 85 percent of the wine must be derived from grapes grown
within the area represented by that name or term, and the wine must
meet the other conditions listed in 27 CFR 4.25(e)(3). If the wine is
not eligible to use the viticultural area name as an appellation of
origin and that name or other term of viticultural significance 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.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed viticultural area. TTB is also
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, topography, soils, climate, and other required
information submitted in support of the petition. In addition, given
the proposed Ancient Lakes of Columbia Valley viticultural area's
location within the existing Columbia Valley viticultural area, TTB is
interested in comments on whether the evidence submitted in the
petition regarding the distinguishing features of the proposed
viticultural area sufficiently differentiates it from the existing
Columbia Valley viticultural area. TTB is also interested in comments
whether the geographic features of the proposed viticultural area are
so distinguishable from the surrounding Columbia Valley viticultural
area that the proposed Ancient Lakes of Columbia Valley viticultural
area should no longer be part of that viticultural area. Please provide
any available specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Ancient Lakes of Columbia Valley viticultural area on wine
labels that include the term ``Ancient Lakes of Columbia Valley'' as
discussed above under Impact on Current Wine Labels, TTB is
particularly interested in comments regarding whether there will be a
conflict between the proposed area name and currently used brand names.
If a commenter believes that a conflict will arise, the comment should
describe the nature of that conflict, including any anticipated
negative economic impact that approval of the proposed viticultural
area will have on an existing viticultural enterprise. TTB is also
interested in receiving suggestions for ways to avoid conflicts, for
example, by adopting a modified or different name for the viticultural
area.
Submitting Comments
You may submit comments on this notice by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2012-
0003 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under
Notice No. 128 on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab at the
top of the page.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW., Suite 200E, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice
[[Page 27006]]
No. 128 and include your name and mailing address. Your comments also
must be made in English, be legible, and be written in language
acceptable for public disclosure. TTB does not acknowledge receipt of
comments, and TTB considers all comments as originals.
If you are commenting on behalf of an association, business, or
other entity, your comment must include the entity's name as well as
your name and position title. If you comment via Regulations.gov,
please enter the entity's name in the ``Organization'' blank of the
online comment form. If you comment via postal mail or hand delivery/
courier, please submit your entity's comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
On the Federal e-rulemaking portal, Regulations.gov, TTB will post,
and you may view, copies of this notice, selected supporting materials,
and any electronic or mailed comments TTB receives about this proposal.
A direct link to that docket is available on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 128. You may
also reach the docket containing this notice and the posted comments
received on it through the Regulations.gov search page at http://www.regulations.gov.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this notice, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments that TTB receives about this proposal by appointment at the
TTB Information Resource Center, 1310 G Street NW., Washington, DC
20005. You may also obtain copies at 20 cents per 8.5 x
11 page. Contact TTB's information specialist at the above
address or by telephone at 202-453-2270 to schedule an appointment or
to request copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed 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 proposed rule is not a significant regulatory action as
defined by Executive Order 12866. Therefore, no regulatory assessment
is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, 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.---- to read as follows:
Sec. 9.---- Ancient Lakes of Columbia Valley.
(a) Name. The name of the viticultural area described in this
section is ``Ancient Lakes of Columbia Valley''. For purposes of part 4
of this chapter, ``Ancient Lakes of Columbia Valley'' is a term of
viticultural significance.
(b) Approved maps. The 12 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Ancient Lakes of Columbia Valley viticultural area are titled:
(1) West Bar, Washington, 1966;
(2) Rock Island Dam, Washington, 1966;
(3) Appledale, Washington, 1966, photoinspected 1976;
(4) Monument Hill, Washington--Grant County, 1966;
(5) Ephrata SW, Washington--Grant County, 1956;
(6) Winchester, Washington--Grant County, 1966;
(7) Winchester SW, Washington--Grant County, 1966, photorevised
1978;
(8) Royal City, Washington--Grant County, provisional edition 1986
(formerly named Smyrna);
(9) Beverly NE, Washington--Grant County, 1965;
(10) Vantage, Washington, 1965, photorevised 1978;
(11) Ginkgo, Washington, 1953, photorevised 1978; and
(12) Cape Horn SE, Washington, 1966, photoinspected 1975.
(c) Boundary. The Ancient Lakes of Columbia Valley viticultural
area is located in Douglas, Grant, and Kittitas Counties in central
Washington. The boundary of the Ancient Lakes of Columbia Valley
viticultural area is as described below:
(1) The beginning point is on the West Bar map where the western
shoreline of the Columbia River in Kittitas County intersects with the
north boundary line of section 8, T20N/R22E. Proceed east along the
section boundaries for approximately 4.35 miles, over the Columbia
River and into Douglas County, to the intersection of the line with the
Grant and Douglas Counties common boundary line (concurrent with the
R22E and R23E common line) at the northwest corner of section 12, T20N/
R22E; then
(2) Proceed north along the Grant and Douglas Counties common
boundary line for approximately 2.25 miles, onto the Rock Island Dam
map, to the northwest corner of section 31, T21N/R23E; then
(3) Proceed east in a straight line along the section boundaries
for approximately 12.1 miles, over the Appledale and Monument Hills
maps, onto the Ephrata SW map to the intersection of the line with the
R24E and R25E common line at the northwest corner of section 36, T21N/
R24E; then
(4) Proceed south along the R24E and R25E common line for
approximately 22.5 miles, over the Winchester and Winchester SW maps,
onto the Royal City map, passing over the West Canal and into the
Frenchman Hills, to the southwest corner of section 12, T17N/R24E
(concurrent with the intersection of the R24E and R25E common line and
a single transmission line); then
(5) Proceed west in a straight line along the section boundaries
(marked for 3 sections by the single transmission line) for
approximately 4 miles, onto the Beverly NE map, to the southwest corner
of section 9, T17N/R24E; then
[[Page 27007]]
(6) Proceed north in a straight line along the section boundary for
approximately 1 mile to the northwest corner of section 9, T17N/R24E;
then
(7) Proceed west in a straight line along the section boundaries
for approximately 7.9 miles, onto the Vantage map, crossing over
Interstate Route 90 and Columbia River, to the western shoreline of the
Columbia River, at Hole in the Wall in Kittitas County, section 6,
T17N/R23E; and then
(8) Proceed north along the western shoreline of the meandering
Columbia River for approximately 23.3 miles, crossing over the Ginkgo
and Cape Horn SE maps, onto the West Bar map, and returning to the
beginning point.
Signed: April 30, 2012.
John J. Manfreda,
Administrator.
[FR Doc. 2012-11069 Filed 5-7-12; 8:45 am]
BILLING CODE 4810-31-P