Establishment of the Ribbon Ridge Viticultural Area (2002R-215P), 31342-31345 [05-10881]
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Federal Register / Vol. 70, No. 104 / Wednesday, June 1, 2005 / Rules and Regulations
authorize any trips into the SAP during
a fishing year.
(viii) Trip limits—(A) Yellowtail
flounder trip limit. Unless otherwise
authorized by the Regional
Administrator as specified in paragraph
(a)(3)(iv)(D) of this section, a vessel
fishing in the CA II Yellowtail Flounder
SAP may fish for, possess, and land up
to 10,000 lb (4,536 kg) of yellowtail
flounder per trip. The Regional
Administrator may adjust this limit to a
maximum of 30,000 lb (13,608 kg) per
trip after considering the factors listed
in paragraph (b)(3)(vii) of this section
for the maximum number of trips.
(B) Cod and haddock trip limit.
Unless otherwise restricted, a NE
multispecies vessel fishing any portion
of a trip in the Closed Area II Yellowtail
Flounder SAP may not fish for, possess,
or land more than 1,000 lb (453.6 kg) of
cod per trip, regardless of trip length. A
NE multispecies vessel fishing in the
Closed Area II Yellowtail Flounder SAP
is subject to the haddock requirements
described under § 648.86(a), unless
further restricted under paragraph
(a)(3)(iv) of this section.
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[T.D. TTB–27; Notice No. 21]
RIN 1513–AA58
Establishment of the Ribbon Ridge
Viticultural Area (2002R–215P)
Alcohol and Tobacco Tax and
Trade Bureau (TTB), Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
10. In § 648.87, paragraphs (d)(1)(ii)
and (d)(1)(iii)(A) are revised to read as
follows:
This Treasury decision
establishes the Ribbon Ridge viticultural
area in northern Yamhill County,
Oregon. The new Ribbon Ridge
viticultural area is entirely within the
existing Willamette Valley viticultural
area. We designate 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: July 1, 2005.
FOR FURTHER INFORMATION CONTACT: N.
A. Sutton, Regulations and Procedures
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., # 158,
Petaluma, CA 94952; telephone 415–
271–1254.
SUPPLEMENTARY INFORMATION:
§ 648.87
Background on Viticultural Areas
I
Sector allocation.
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(d) * * *
(1) * * *
(ii) Eligibility. All vessels issued a
valid limited access NE multispecies
DAS permit are eligible to participate in
the GB Cod Hook Sector, provided they
have documented landings through
valid dealer reports submitted to NMFS
of GB cod during the fishing years 1996
to 2001, regardless of gear fished.
(iii) * * *
(A) Sum of the total accumulated
landings of GB cod by vessels identified
in the Sector’s Operation Plan specified
under paragraph (b)(2) of this section,
for the fishing years 1996 through 2001,
regardless of gear used, as reported in
the NMFS dealer database.
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[FR Doc. 05–10780 Filed 5–25–05; 4:29 pm]
BILLING CODE 3510–22–P
SUMMARY:
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (the FAA Act, 27
U.S.C. 201 et seq.) requires that alcohol
beverage labels provide the consumer
with adequate information regarding a
product’s identity and prohibits the use
of misleading information on such
labels. The FAA Act also authorizes the
Secretary of the Treasury to issue
regulations to carry out its provisions.
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers these
regulations.
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) contains the
list of approved 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
distinguishable by geographical
features, the boundaries of which have
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been recognized and defined 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 grapegrowing region as a viticultural area.
Section 9.3(b) of the TTB regulations
requires the petition to include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
geographical features, such as climate,
soils, elevation, and physical features,
that distinguish the proposed
viticultural area from surrounding areas;
• A description of the specific
boundary of the proposed viticultural
area, based on features found on United
States Geological Survey (USGS) maps;
and
• A copy of the appropriate USGS
map(s) with the proposed viticultural
area’s boundary prominently marked.
Ribbon Ridge Petition
The North Willamette Valley AVA
Group petitioned TTB for the
establishment of the ‘‘Ribbon Ridge’’
viticultural area in northern Yamhill
County, Oregon. The 3,350-acre
viticultural area is about 4 miles
northwest of Dundee, 22 miles
southwest of Portland, and 40 miles
inland from the Pacific Ocean. The
Ribbon Ridge viticultural area lies
within the larger, established
Willamette Valley viticultural area (27
CFR 9.90). As of 2002, the petitioned-for
area contained 3 commercial wineries
and 14 vineyards covering about 286
acres.
Geographically, Ribbon Ridge is a
distinct, 3.5 mile long by 1.75-mile wide
ridge separated from the surrounding
mountains and hills on all sides by
creek valleys. According to the petition,
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the geographic isolation of Ribbon
Ridge, its soils, and, to a lesser extent,
its climate distinguish it from
surrounding Willamette Valley grapegrowing regions. Evidence supporting
establishment of the Ribbon Ridge
viticultural area is described below.
Name Evidence
Colby Carter, an early settler from
Missouri, named Ribbon Ridge in 1865,
and the ridge has been known by that
name ever since. The first official use of
the Ribbon Ridge name dates to 1888
with the creation of Ribbon Ridge
School District No. 68. Built along
Ribbon Ridge Road, which runs along
the ridge’s spine, the school operated
from 1889 to about 1953. A reference to
Ribbon Ridge also appears in the
‘‘Oregon Historical Quarterly,’’ vol.
XLIV, page 307, March-December 1943.
It reads, ‘‘Ribbon Ridge is a spur in the
southwest part of the Chehalem
Mountains, about east of Yamhill. The
top of the ridge twists like a ribbon,
hence the name.’’
The USGS Dundee Quadrangle map
and other commercial maps show
‘‘Ribbon Ridge’’ as the name of the ridge
encompassed by the Ribbon Ridge
viticultural area. The Dundee
Quadrangle map also shows Ribbon
Ridge Road running north and south
along the spine of the ridge. In addition,
a search of the U.S. Geological Survey’s
Geonames database (see https://
geonames.usgs.gov/) shows ‘‘Ribbon
Ridge’’ to be the name of the ridge
encompassed by the viticultural area’s
boundary. This search also shows the
site of the historic Ribbon Ridge School
to be within the viticultural area’s
boundary.
Boundary Evidence
Ribbon Ridge is geographically
distinct from the surrounding hills and
mountains due to its topographic
isolation. Creek valleys surround
Ribbon Ridge on all sides, giving the
ridge an ‘‘island-like’’ appearance as it
rises above the Chehalem Valley floor,
according to the petition. Two creeks,
Ayres Creek in the north and Dopp
Creek in the east, separate Ribbon Ridge
from the Chehalem Mountains.
Chehalem Creek separates Ribbon Ridge
from the Coast Range to the west and
from the Dundee Hills to the south.
A 10-mile long loop of county roads
also surrounds Ribbon Ridge at or near
its base. Beginning at the ridge’s
northern end, this loop follows Dopp
Road south along the ridge’s eastern
side, and then follows North Valley
Road along its southern and western
sides, and after traveling east a short
distance on Albertson Road, the loop is
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closed along the ridge’s northern side.
Since these roads largely follow the base
of Ribbon Ridge, the petitioners used
these roads to help delineate the
proposed viticultural area.
Local residents also view Ribbon
Ridge as a distinct farming district, with
its own mix of crops, separate from the
adjoining Chehalem Valley, Kings
Grade, and Rex Hills regions, according
to the petition. Winegrowing activity
began on Ribbon Ridge in 1980, with the
planting of Ridgecrest Vineyards. The
first commercial vineyard was
established in 1982, with the planting of
54 acres of Pinot Noir and Chardonnay.
Yamhill Valley Vineyards first used
grapes from these vineyards in wine
production in 1985. Vineyards and
winery operations now own in excess of
700 total acres on Ribbon Ridge.
Approximately 1,000 to 1,400 acres are
suited for premium wine grape planting
within the Ribbon Ridge viticultural
area boundaries, the petition states.
Distinguishing Features
Geography
As noted above, creek valleys separate
Ribbon Ridge from the higher,
surrounding landmasses. The ‘‘island’’
of Ribbon Ridge, which extends
southward from the Chehalem
Mountains, rises to a maximum height
of 683 feet from the 200-foot Chehalem
Valley floor. Ayres Creek, which flows
west then north, and Dopp Creek, which
flows south, separate Ribbon Ridge from
the Chehalem Mountains along,
respectively, the ridge’s north and east
sides. On the western side of Ribbon
Ridge, the Chehalem Creek valley
separates the ridge from the Coast Range
hillsides associated with the YamhillCarlton District viticultural area (27 CFR
9.183). After a gorge-like drop of 300
feet into the quarter-mile wide ravine of
Chehalem Creek, the creek’s valley
widens at the southern foot of Ribbon
Ridge into the broad, flat Chehalem
Valley, separating the Chehalem
Mountains and Ribbon Ridge from the
Dundee Hills to the south.
Soils
Ribbon Ridge is a distinct geological
formation of eastward-tilted, marine
sedimentary strata that dates to the
upper Eocene geological era and is
unusual in having only two geological
strata—the Keasey and Pittsburgh Bluff
Formations. The ridge is ancient and
stable, and the soils formed from the
fine sedimentary parent materials are
well weathered. Consequently the
Ribbon Ridge viticultural area’s soils
are, on the average, deeper in profile
and more finely structured than soils in
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surrounding areas. The soils of Ribbon
Ridge are relatively uniform, all being
formed of fine-textured marine sediment
(mainly Willakenzie series) at vineyard
elevations, and neither slides nor
erosion have significantly altered them.
The soils found within the Ribbon
Ridge viticultural area differ from the
alluvial sedimentary soils found the
Chehalem Valley flood plain, and the
area’s soils also differ from the adjacent
volcanic soils of the Chehalem
Mountains and Dundee Hills. Finally,
the Ribbon Ridge soils are related to, but
have significant differences from, the
marine sedimentary hillsides (mainly
Willakenzie and Peavine series) to the
west of the Chehalem Creek valley in
the Yamhill-Carlton District viticultural
area (27 CFR 9.183) in that they are
younger, finer, and more uniform, due
to finer parent materials of sandstone,
siltstone, and mudstone.
Climate
Ribbon Ridge’s ‘‘island-like’’
topography and the proximity of the
surrounding, higher landmasses tend to
shield and protect the proposed Ribbon
Ridge viticultural area from many of the
extremes that affect the other
agricultural microclimates in the
northern Willamette Valley. Low clouds
tend to accumulate on the hilltops
surrounding Ribbon Ridge, and fog
settles on the valley floor in the early
and late parts of the growing season. To
the west, the Coast Range and Yamhill
Mountains encourage weather systems
to drop their moisture before reaching
Ribbon Ridge and serve to block the
severe winds of Pacific storms. To the
north, the Chehalem Mountains, Bald
Peak, and Portland Hill tend to protect
the Ribbon Ridge viticultural area from
Columbia Gorge and eastern Oregon
weather systems, which deliver cold
temperatures in the winter and heat or
winds in the summer. To the south, the
Dundee Hills shield Ribbon Ridge from
the extreme winds that funnel coastal
weather systems through the Van Duzer
corridor, whether hot, cold, or wet in
the summer or winter.
Ribbon Ridge’s grape-growing
hillsides are slightly warmer and drier
when compared to valley floor sites
within the northern Willamette Valley.
These climatic differences are especially
significant during the April to October
grape-growing season. During that time,
hillside warming is especially important
in achieving grape ripening similar to
that found at warm valley sites, but
without the risk of frost or excess soil
moisture. The ridge’s hillsides have
higher minimum (2–3° F) and maximum
(2–7° F) daily temperatures during the
early and late portions of the growing
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season than do exposed valley floor
sites. These moderate temperatures
permit early growth in the spring,
consistent and even ripening—with
retention of acids—over the summer,
and a long, full maturing season in the
fall.
Ribbon Ridge’s annual rainfall is less
than that of other wine growing regions
in the northern Willamette Valley.
Annual precipitation on the protected
hillsides of the Ribbon Ridge
viticultural area is up to 10 inches
(approximately 25 percent) less than
that of nearby unprotected valley floor
sites. Growing season precipitation
within the Ribbon Ridge area is reduced
even further, with 7.7 inches
accumulating April through October, on
average. This is approximately 35
percent less than the amount received at
Coast Range and valley floor sites.
Rainfall in the Ribbon Ridge area is also
less than that of the nearby YamhillCarlton District (27 CFR 9.183) and
Dundee Hills (27 CFR 9.180) viticultural
areas.
Boundary Description
As proposed, the boundary of the
Ribbon Ridge viticultural area followed
a 9.85-mile loop of county roads around
the base of the ridge, but the proposed
regulatory text limited the viticultural
area to land at or above 240 feet in
elevation within that loop. Since the
road loop largely follows the 200- to
240-foot base of Ribbon Ridge, we have
revised the regulatory text to eliminate
the 240-foot elevation restriction,
slightly expanding the size of the
viticultural area. The area now includes
land below 240 feet along the western
side of Dopp Road and a small area
around the Lake View School south of
Albertson Road. In addition, we have
also revised the wording of the
boundary description in the regulatory
text for clarity, and we have revised the
beginning point from the intersection of
the 240-foot contour line and North
Valley Road to the intersection of
Albertson and Dopp Roads. For a
complete description of the viticultural
area’s boundary, see the regulatory text
published at the end of this notice.
Maps
The petitioner(s) provided the
required maps, and we list them below
in the regulatory text.
Notice of Proposed Rulemaking
TTB published a notice of proposed
rulemaking, Notice No. 21, in the
Federal Register on November 3, 2003
(68 FR 62259), regarding the
establishment of the Ribbon Ridge
viticultural area. In that notice, TTB
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requested comments by January 2, 2004,
from anyone interested. We received
one supporting comment and no
opposing comments.
After careful review, TTB finds that
the evidence submitted with the
petition supports the establishment of
the proposed viticultural area.
Therefore, under the authority of the
Federal Alcohol Administration Act and
part 4 of our regulations, we establish
the ‘‘Ribbon Ridge’’ viticultural area in
Yamhill County, Oregon, effective 60days from this document’s publication
date.
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
and its inclusion in part 9 of the TTB
regulations, its name, ‘‘Ribbon Ridge,’’
is recognized as a name of viticultural
significance. Consequently, wine
bottlers using ‘‘Ribbon Ridge’’ in a
brand name, including a trademark, or
in another label reference as to the
origin of the wine, must ensure that the
product is eligible to use the viticultural
area’s name as an appellation of origin.
For a wine to be eligible to use as an
appellation of origin the name of a
viticultural area specified in part 9 of
the TTB regulations, at least 85 percent
of the grapes used to make the wine
must have been grown within the area
represented by that name, 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 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
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 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
We certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
This regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name is the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
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regulatory flexibility analysis is
required.
Executive Order 12866
This rule is not a significant
regulatory action as defined by
Executive Order 12866 (58 FR 51735).
Therefore, it requires no regulatory
assessment.
Drafting Information
N. A. Sutton of the Regulations and
Procedures Division drafted this
document.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, we amend 27 CFR, chapter 1,
part 9 as follows:
I
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
I
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Amend subpart C by adding § 9.182
to read as follows:
I
§ 9.182
Ribbon Ridge.
(a) Name. The name of the viticultural
area described in this section is ‘‘Ribbon
Ridge.’’
(b) Approved Maps. The appropriate
maps used to determine the boundaries
of the Ribbon Ridge viticultural area are
the following two United States
Geological Survey (USGS), 1:24,000
scale, topographical maps (7.5 minute
series).
(1) Laurelwood Quadrangle, Oregon,
1956, photorevised 1978; and
(2) Dundee Quadrangle, Oregon, 1956,
revised 1993.
(c) Boundary. The Ribbon Ridge
viticultural area is located in northern
Yamhill County, Oregon, northwest of
the town of Dundee.
(1) The beginning point is on the
Laurelwood Quadrangle map at the
intersection of a light-duty road known
locally as Albertson Road and Dopp
Road (named on the Dundee map), just
east of the Lake View School, section
58, T2S, R3W. From the beginning
point, the boundary line—
(2) Continues south on Dopp Road for
about 4.9 miles, crossing onto the
Dundee map, to the road’s intersection
with North Valley Road, near the Erwin
Young School, section 39, T3S, R3W
(Dundee Quadrangle); then
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(3) Continues west then north on
North Valley Road for about 5 miles,
crossing over to the Laurelwood map, to
the road’s intersection with Laughlin
and Albertson Roads, just west of the
Lake View School, section 58, T2S, R3W
(Laurelwood Quadrangle); then
(4) Continues east on Albertson Road
for about 0.2 miles and returns to the
beginning point.
Signed: April 21, 2005.
John J. Manfreda,
Administrator.
Approved: May 11, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 05–10881 Filed 5–31–05; 8:45 am]
BILLING CODE 4810–31–P
3.24) on the management of personal
watercraft (PWC) use within all units of
the national park system (65 FR 15077).
This regulation prohibits PWC use in all
national park units unless the NPS
determines that this type of water-based
recreational activity is appropriate for
the specific park unit based on the
legislation establishing that park, the
park’s resources and values, other
visitor uses of the area, and overall
management objectives. The regulation
banned PWC use in all park units
effective April 20, 2000, except 21
parks, lakeshores, seashores, and
recreation areas. The regulation
established a 2-year grace period
following the final rule publication to
provide these 21 park units time to
consider whether PWC use should be
allowed.
DEPARTMENT OF THE INTERIOR
Description of Bighorn Canyon National
Recreation Area
National Park Service
Bighorn Canyon National Recreation
Area was established by an act of
Congress on October 15, 1966, following
the construction of the Yellowtail Dam
by the Bureau of Reclamation. This
dam, named after the famous Crow
chairman Robert Yellowtail, harnessed
the waters of the Bighorn River and
turned this variable stream into a lake.
The most direct route to the southern
end of Bighorn Canyon NRA is via
Montana State road 310 from Billings,
Montana, or U.S. Highway 14A from
Sheridan, Wyoming.
Bighorn Lake extends approximately
60 miles through Wyoming and
Montana, 55 miles of which are held
within Bighorn Canyon. The Recreation
Area is composed of more than 70,000
acres of land and water, which straddle
the northern Wyoming and southern
Montana borders. There are two visitor
centers and other developed facilities in
Fort Smith, Montana, and near Lovell,
Wyoming. The Afterbay Lake below the
Yellowtail Dam is a good spot for trout
fishing and wildlife viewing for ducks,
geese, and other animals. The Bighorn
River below the Afterbay Dam is a world
class trout fishing area.
36 CFR Part 7
RIN 1024–AC96
Bighorn Canyon National Recreation
Area, Personal Watercraft Use
National Park Service, Interior.
Final rule.
AGENCY:
ACTION:
SUMMARY: This rule designates areas
where personal watercraft (PWC) may
be used in Bighorn Canyon National
Recreation Area, Montana and
Wyoming. This rule implements the
provisions of the National Park Service
(NPS) general regulations authorizing
park areas to allow the use of PWC by
promulgating a special regulation. The
NPS Management Policies 2001 require
individual parks to determine whether
PWC use is appropriate for a specific
park area based on an evaluation of that
area’s enabling legislation, resources
and values, other visitor uses, and
overall management objectives.
DATES: Effective June 1, 2005.
ADDRESSES: Mail inquiries to
Superintendent, Bighorn Canyon NRA,
P.O. Box 7458, Fort Smith, MT 59035 or
e-mail to bica@den.nps.gov.
FOR FURTHER INFORMATION CONTACT: Jerry
Case, Regulations Program Manager,
National Park Service, 1849 C Street,
NW., Room 7241, Washington, DC
20240. Phone: (202) 208–4206. E-mail:
Jerry_Case@nps.gov.
SUPPLEMENTARY INFORMATION:
Background
Personal Watercraft Regulation
On March 21, 2000, the National Park
Service published a regulation (36 CFR
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Purpose of Bighorn Canyon National
Recreation Area
The purpose and significance
statements listed below are from
Bighorn Canyon’s Strategic Plan and
Master Plan. Bighorn Canyon National
Recreation Area was established to:
1. Provide for public outdoor
recreation use and enjoyment of Bighorn
Lake (also referred to as Yellowtail
Reservoir) and lands adjacent thereto
within the boundary of the National
Recreation Area on NPS lands.
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2. Preserve the scenic, scientific, and
historic features contributing to public
enjoyment of such lands and waters.
3. Coordinate administration of the
recreation area with the other purposes
of the Yellowtail Reservoir project so
that it will best provide for: (1) Public
outdoor recreation benefits, (2)
preservation of scenic, scientific, and
historic features contributing to public
enjoyment, and (3) management,
utilization, and disposal of renewable
natural resources that promotes or is
compatible with and does not
significantly impair public recreation or
scenic, scientific, or historic features
contributing to public enjoyment.
Significance of Bighorn Canyon
National Recreation Area
Bighorn Canyon National Recreation
Area is significant for the following
reasons:
1. The outstanding scenic and
recreational values of the 60-mile long,
12,700 acre Bighorn Lake.
2. The history of over 10,000 years of
continuous human habitation.
3. The contribution the recreation area
is making to the preservation of wild
horses on the Pryor Mountain Wild
Horse Range, of which one-third is
located within the recreation area, as
well as the preservation of a Bighorn
sheep herd that repatriated the area in
the early 1970s.
4. The 19,000 acre Yellowtail Wildlife
Habitat, which preserves one of the best
examples of a Cottonwood Riparian area
remaining in the western United States.
Authority and Jurisdiction
Under the National Park Service’s
Organic Act of 1916 (Organic Act) (16
U.S.C. 1 et seq.) Congress granted the
NPS broad authority to regulate the use
of the Federal areas known as national
parks. In addition, the Organic Act (16
U.S.C. 3) allows the NPS, through the
Secretary of the Interior, to ‘‘make and
publish such rules and regulations as he
may deem necessary or proper for the
use and management of the parks
* * *’’
16 U.S.C. 1a–1 states, ‘‘The
authorization of activities shall be
conducted in light of the high public
value and integrity of the National Park
System and shall not be exercised in
derogation of the values and purposes
for which these various areas have been
established * * *’’
As with the United States Coast
Guard, NPS’s regulatory authority over
waters subject to the jurisdiction of the
United States, including navigable
waters and areas within their ordinary
reach, is based upon the Property and
Commerce Clauses of the U.S.
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]]>Agencies
[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Rules and Regulations]
[Pages 31342-31345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10881]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-27; Notice No. 21]
RIN 1513-AA58
Establishment of the Ribbon Ridge Viticultural Area (2002R-215P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision establishes the Ribbon Ridge
viticultural area in northern Yamhill County, Oregon. The new Ribbon
Ridge viticultural area is entirely within the existing Willamette
Valley viticultural area. We designate 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: July 1, 2005.
FOR FURTHER INFORMATION CONTACT: N. A. Sutton, Regulations and
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 925
Lakeville St., 158, Petaluma, CA 94952; telephone 415-271-
1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide the consumer with adequate information regarding a product's
identity and prohibits the use of misleading information on such
labels. The FAA Act also authorizes the Secretary of the Treasury to
issue regulations to carry out its provisions. The Alcohol and Tobacco
Tax and Trade Bureau (TTB) administers these regulations.
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) contains
the list of approved 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 distinguishable by geographical features, the boundaries
of which have been recognized and defined 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 9.3(b) of the TTB regulations requires
the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, soils, elevation, and physical features, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
Ribbon Ridge Petition
The North Willamette Valley AVA Group petitioned TTB for the
establishment of the ``Ribbon Ridge'' viticultural area in northern
Yamhill County, Oregon. The 3,350-acre viticultural area is about 4
miles northwest of Dundee, 22 miles southwest of Portland, and 40 miles
inland from the Pacific Ocean. The Ribbon Ridge viticultural area lies
within the larger, established Willamette Valley viticultural area (27
CFR 9.90). As of 2002, the petitioned-for area contained 3 commercial
wineries and 14 vineyards covering about 286 acres.
Geographically, Ribbon Ridge is a distinct, 3.5 mile long by 1.75-
mile wide ridge separated from the surrounding mountains and hills on
all sides by creek valleys. According to the petition,
[[Page 31343]]
the geographic isolation of Ribbon Ridge, its soils, and, to a lesser
extent, its climate distinguish it from surrounding Willamette Valley
grape-growing regions. Evidence supporting establishment of the Ribbon
Ridge viticultural area is described below.
Name Evidence
Colby Carter, an early settler from Missouri, named Ribbon Ridge in
1865, and the ridge has been known by that name ever since. The first
official use of the Ribbon Ridge name dates to 1888 with the creation
of Ribbon Ridge School District No. 68. Built along Ribbon Ridge Road,
which runs along the ridge's spine, the school operated from 1889 to
about 1953. A reference to Ribbon Ridge also appears in the ``Oregon
Historical Quarterly,'' vol. XLIV, page 307, March-December 1943. It
reads, ``Ribbon Ridge is a spur in the southwest part of the Chehalem
Mountains, about east of Yamhill. The top of the ridge twists like a
ribbon, hence the name.''
The USGS Dundee Quadrangle map and other commercial maps show
``Ribbon Ridge'' as the name of the ridge encompassed by the Ribbon
Ridge viticultural area. The Dundee Quadrangle map also shows Ribbon
Ridge Road running north and south along the spine of the ridge. In
addition, a search of the U.S. Geological Survey's Geonames database
(see https://geonames.usgs.gov/) shows ``Ribbon Ridge'' to be the name
of the ridge encompassed by the viticultural area's boundary. This
search also shows the site of the historic Ribbon Ridge School to be
within the viticultural area's boundary.
Boundary Evidence
Ribbon Ridge is geographically distinct from the surrounding hills
and mountains due to its topographic isolation. Creek valleys surround
Ribbon Ridge on all sides, giving the ridge an ``island-like''
appearance as it rises above the Chehalem Valley floor, according to
the petition. Two creeks, Ayres Creek in the north and Dopp Creek in
the east, separate Ribbon Ridge from the Chehalem Mountains. Chehalem
Creek separates Ribbon Ridge from the Coast Range to the west and from
the Dundee Hills to the south.
A 10-mile long loop of county roads also surrounds Ribbon Ridge at
or near its base. Beginning at the ridge's northern end, this loop
follows Dopp Road south along the ridge's eastern side, and then
follows North Valley Road along its southern and western sides, and
after traveling east a short distance on Albertson Road, the loop is
closed along the ridge's northern side. Since these roads largely
follow the base of Ribbon Ridge, the petitioners used these roads to
help delineate the proposed viticultural area.
Local residents also view Ribbon Ridge as a distinct farming
district, with its own mix of crops, separate from the adjoining
Chehalem Valley, Kings Grade, and Rex Hills regions, according to the
petition. Winegrowing activity began on Ribbon Ridge in 1980, with the
planting of Ridgecrest Vineyards. The first commercial vineyard was
established in 1982, with the planting of 54 acres of Pinot Noir and
Chardonnay. Yamhill Valley Vineyards first used grapes from these
vineyards in wine production in 1985. Vineyards and winery operations
now own in excess of 700 total acres on Ribbon Ridge. Approximately
1,000 to 1,400 acres are suited for premium wine grape planting within
the Ribbon Ridge viticultural area boundaries, the petition states.
Distinguishing Features
Geography
As noted above, creek valleys separate Ribbon Ridge from the
higher, surrounding landmasses. The ``island'' of Ribbon Ridge, which
extends southward from the Chehalem Mountains, rises to a maximum
height of 683 feet from the 200-foot Chehalem Valley floor. Ayres
Creek, which flows west then north, and Dopp Creek, which flows south,
separate Ribbon Ridge from the Chehalem Mountains along, respectively,
the ridge's north and east sides. On the western side of Ribbon Ridge,
the Chehalem Creek valley separates the ridge from the Coast Range
hillsides associated with the Yamhill-Carlton District viticultural
area (27 CFR 9.183). After a gorge-like drop of 300 feet into the
quarter-mile wide ravine of Chehalem Creek, the creek's valley widens
at the southern foot of Ribbon Ridge into the broad, flat Chehalem
Valley, separating the Chehalem Mountains and Ribbon Ridge from the
Dundee Hills to the south.
Soils
Ribbon Ridge is a distinct geological formation of eastward-tilted,
marine sedimentary strata that dates to the upper Eocene geological era
and is unusual in having only two geological strata--the Keasey and
Pittsburgh Bluff Formations. The ridge is ancient and stable, and the
soils formed from the fine sedimentary parent materials are well
weathered. Consequently the Ribbon Ridge viticultural area's soils are,
on the average, deeper in profile and more finely structured than soils
in surrounding areas. The soils of Ribbon Ridge are relatively uniform,
all being formed of fine-textured marine sediment (mainly Willakenzie
series) at vineyard elevations, and neither slides nor erosion have
significantly altered them.
The soils found within the Ribbon Ridge viticultural area differ
from the alluvial sedimentary soils found the Chehalem Valley flood
plain, and the area's soils also differ from the adjacent volcanic
soils of the Chehalem Mountains and Dundee Hills. Finally, the Ribbon
Ridge soils are related to, but have significant differences from, the
marine sedimentary hillsides (mainly Willakenzie and Peavine series) to
the west of the Chehalem Creek valley in the Yamhill-Carlton District
viticultural area (27 CFR 9.183) in that they are younger, finer, and
more uniform, due to finer parent materials of sandstone, siltstone,
and mudstone.
Climate
Ribbon Ridge's ``island-like'' topography and the proximity of the
surrounding, higher landmasses tend to shield and protect the proposed
Ribbon Ridge viticultural area from many of the extremes that affect
the other agricultural microclimates in the northern Willamette Valley.
Low clouds tend to accumulate on the hilltops surrounding Ribbon Ridge,
and fog settles on the valley floor in the early and late parts of the
growing season. To the west, the Coast Range and Yamhill Mountains
encourage weather systems to drop their moisture before reaching Ribbon
Ridge and serve to block the severe winds of Pacific storms. To the
north, the Chehalem Mountains, Bald Peak, and Portland Hill tend to
protect the Ribbon Ridge viticultural area from Columbia Gorge and
eastern Oregon weather systems, which deliver cold temperatures in the
winter and heat or winds in the summer. To the south, the Dundee Hills
shield Ribbon Ridge from the extreme winds that funnel coastal weather
systems through the Van Duzer corridor, whether hot, cold, or wet in
the summer or winter.
Ribbon Ridge's grape-growing hillsides are slightly warmer and
drier when compared to valley floor sites within the northern
Willamette Valley. These climatic differences are especially
significant during the April to October grape-growing season. During
that time, hillside warming is especially important in achieving grape
ripening similar to that found at warm valley sites, but without the
risk of frost or excess soil moisture. The ridge's hillsides have
higher minimum (2-3[deg] F) and maximum (2-7[deg] F) daily temperatures
during the early and late portions of the growing
[[Page 31344]]
season than do exposed valley floor sites. These moderate temperatures
permit early growth in the spring, consistent and even ripening--with
retention of acids--over the summer, and a long, full maturing season
in the fall.
Ribbon Ridge's annual rainfall is less than that of other wine
growing regions in the northern Willamette Valley. Annual precipitation
on the protected hillsides of the Ribbon Ridge viticultural area is up
to 10 inches (approximately 25 percent) less than that of nearby
unprotected valley floor sites. Growing season precipitation within the
Ribbon Ridge area is reduced even further, with 7.7 inches accumulating
April through October, on average. This is approximately 35 percent
less than the amount received at Coast Range and valley floor sites.
Rainfall in the Ribbon Ridge area is also less than that of the nearby
Yamhill-Carlton District (27 CFR 9.183) and Dundee Hills (27 CFR 9.180)
viticultural areas.
Boundary Description
As proposed, the boundary of the Ribbon Ridge viticultural area
followed a 9.85-mile loop of county roads around the base of the ridge,
but the proposed regulatory text limited the viticultural area to land
at or above 240 feet in elevation within that loop. Since the road loop
largely follows the 200- to 240-foot base of Ribbon Ridge, we have
revised the regulatory text to eliminate the 240-foot elevation
restriction, slightly expanding the size of the viticultural area. The
area now includes land below 240 feet along the western side of Dopp
Road and a small area around the Lake View School south of Albertson
Road. In addition, we have also revised the wording of the boundary
description in the regulatory text for clarity, and we have revised the
beginning point from the intersection of the 240-foot contour line and
North Valley Road to the intersection of Albertson and Dopp Roads. For
a complete description of the viticultural area's boundary, see the
regulatory text published at the end of this notice.
Maps
The petitioner(s) provided the required maps, and we list them
below in the regulatory text.
Notice of Proposed Rulemaking
TTB published a notice of proposed rulemaking, Notice No. 21, in
the Federal Register on November 3, 2003 (68 FR 62259), regarding the
establishment of the Ribbon Ridge viticultural area. In that notice,
TTB requested comments by January 2, 2004, from anyone interested. We
received one supporting comment and no opposing comments.
After careful review, TTB finds that the evidence submitted with
the petition supports the establishment of the proposed viticultural
area. Therefore, under the authority of the Federal Alcohol
Administration Act and part 4 of our regulations, we establish the
``Ribbon Ridge'' viticultural area in Yamhill County, Oregon, effective
60-days from this document's publication date.
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 and
its inclusion in part 9 of the TTB regulations, its name, ``Ribbon
Ridge,'' is recognized as a name of viticultural significance.
Consequently, wine bottlers using ``Ribbon Ridge'' in a brand name,
including a trademark, or in another label reference as to the origin
of the wine, must ensure that the product is eligible to use the
viticultural area's name as an appellation of origin.
For a wine to be eligible to use as an appellation of origin the
name of a viticultural area specified in part 9 of the TTB regulations,
at least 85 percent of the grapes used to make the wine must have been
grown within the area represented by that name, 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 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
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 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
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is 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 rule is not a significant regulatory action as defined by
Executive Order 12866 (58 FR 51735). Therefore, it requires no
regulatory assessment.
Drafting Information
N. A. Sutton of the Regulations and Procedures Division drafted
this document.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1,
part 9 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. Amend subpart C by adding Sec. 9.182 to read as follows:
Sec. 9.182 Ribbon Ridge.
(a) Name. The name of the viticultural area described in this
section is ``Ribbon Ridge.''
(b) Approved Maps. The appropriate maps used to determine the
boundaries of the Ribbon Ridge viticultural area are the following two
United States Geological Survey (USGS), 1:24,000 scale, topographical
maps (7.5 minute series).
(1) Laurelwood Quadrangle, Oregon, 1956, photorevised 1978; and
(2) Dundee Quadrangle, Oregon, 1956, revised 1993.
(c) Boundary. The Ribbon Ridge viticultural area is located in
northern Yamhill County, Oregon, northwest of the town of Dundee.
(1) The beginning point is on the Laurelwood Quadrangle map at the
intersection of a light-duty road known locally as Albertson Road and
Dopp Road (named on the Dundee map), just east of the Lake View School,
section 58, T2S, R3W. From the beginning point, the boundary line--
(2) Continues south on Dopp Road for about 4.9 miles, crossing onto
the Dundee map, to the road's intersection with North Valley Road, near
the Erwin Young School, section 39, T3S, R3W (Dundee Quadrangle); then
[[Page 31345]]
(3) Continues west then north on North Valley Road for about 5
miles, crossing over to the Laurelwood map, to the road's intersection
with Laughlin and Albertson Roads, just west of the Lake View School,
section 58, T2S, R3W (Laurelwood Quadrangle); then
(4) Continues east on Albertson Road for about 0.2 miles and
returns to the beginning point.
Signed: April 21, 2005.
John J. Manfreda,
Administrator.
Approved: May 11, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-10881 Filed 5-31-05; 8:45 am]
BILLING CODE 4810-31-P
