[Federal Register Volume 77, Number 202 (Thursday, October 18, 2012)]
[Rules and Regulations]
[Pages 64033-64036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25639]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2012-0003; T.D. TTB-108; Ref: Notice No. 128]
RIN 1513-AB85
Establishment of the Ancient Lakes of Columbia Valley
Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes
the 162,762-acre ``Ancient Lakes of Columbia Valley'' viticultural area
in Douglas, Grant, and Kittitas Counties in central Washington. The
viticultural area lies entirely 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.
DATES: Effective Date: November 19, 2012.
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
[[Page 64034]]
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, and 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 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, with 1,399 acres
dedicated to 6 commercially-producing vineyards. The petition states
that there are also six wineries located within the proposed
viticultural area. The petition includes a map showing that the
vineyards and wineries are dispersed throughout the proposed
viticultural area.
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 areas.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 128 in the Federal Register on May 8, 2012
(77 FR 27001), proposing to establish the Ancient Lakes of Columbia
Valley viticultural area. In the proposed rule, TTB summarized the
evidence from the petition regarding the name, boundary, and
distinguishing features for the proposed viticultural area. The
distinguishing features of the proposed viticultural area include
climate, topography, and soils. The proposed rule contained a
comparison of the distinguishing features of the proposed viticultural
area with the surrounding regions. Notice No. 128 also contained a
comparison of the proposed viticultural area with the existing Columbia
Valley viticultural area detailing how the distinguishing features of
the proposed viticultural area are consistent with, and distinct from,
the established Columbia Valley viticultural area. For a description of
the evidence relating to the name, boundary, and distinguishing
features of the proposed viticultural area, see Notice No. 128.
In Notice No. 128, TTB solicited comments on the accuracy of the
name, boundary, climatic, and other required information submitted in
support of the petition. In addition, given the proposed viticultural
area's location within the existing Columbia Valley viticultural area,
TTB also solicited comments on whether the evidence submitted in the
petition regarding the distinguishing features of the proposed
viticultural area sufficiently differentiates the proposed viticultural
area from the existing Columbia Valley viticultural area. TTB also
asked for comments on whether the geographical 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 the existing
viticultural area. The comment period closed on July 9, 2012.
In response to Notice No. 128, TTB received a total of three
comments regarding the proposed viticultural area: One from Cameron
Fries, one of the original petitioners; one from the executive director
of a Washington State non-profit wine tourism promotion association;
and one from the City Administrator of Quincy, Washington, commenting
on his own behalf. All three commenters supported the establishment of
the Ancient Lakes of Columbia Valley viticultural area as proposed in
Notice No. 128. TTB received no comments in opposition of the Ancient
Lakes of Columbia Valley viticultural area as proposed. In regards to
the question of whether the Ancient Lakes of Columbia Valley
viticultural area was so distinct that it should be separated from the
existing Columbia Valley viticultural area, TTB received no comments.
TTB Determination
After careful review of the petition and the comments received in
response
[[Page 64035]]
to Notice No. 128, TTB finds that the evidence provided by the
petitioner supports the establishment of the 162,762-acre Ancient Lakes
of Columbia Valley viticultural area within the Columbia Valley
viticultural area. Accordingly, under the authority of the FAA Act,
section 1111(d) of the Homeland Security Act of 2002, and part 4 of the
TTB regulations, TTB establishes the ``Ancient Lakes of Columbia
Valley'' viticultural area in Douglas, Grant, and Kittitas Counties,
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 final rule.
Maps
The petitioners provided the required maps, and TTB lists them
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, ``Ancient Lakes of Columbia Valley,'' is recognized as a name of
viticultural significance under 27 CFR 4.39(i)(3), as the text of this
regulation makes clear. Once this regulation becomes effective, 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.
The establishment of the Ancient Lakes of Columbia Valley
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 Ancient
Lakes of Columbia Valley viticultural area will not be affected by the
establishment of this new viticultural area. The establishment of the
Ancient Lakes of Columbia Valley viticultural area will allow vintners
to use ``Ancient Lakes of Columbia Valley'' and ``Columbia Valley'' as
appellations of origin for wines made from grapes grown within the
Ancient Lakes of Columbia Valley viticultural area.
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.
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 Executive Order 12866. Therefore, no regulatory assessment is
required.
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.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.227 to read as follows:
Sec. 9.227 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
[[Page 64036]]
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
(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, and onto the West Bar map, returning to the
beginning point.
Signed: September 18, 2012.
John J. Manfreda,
Administrator.
Approved: September 27, 2012.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2012-25639 Filed 10-17-12; 8:45 am]
BILLING CODE 4810-31-P