Establishment of the Horse Heaven Hills Viticultural Area (2002R-103P), 38004-38009 [05-13039]
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Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations
County, Minnesota. The boundary of the
Alexandria Lakes viticultural area is as
described below:
(1) The beginning point is on the
Alexandria West, Minn. map between
Lake Carlos and Lake Darling at
benchmark (BM) 1366, which is an
unmarked bridge on County Road 11,
known as the Carlos-Darling Bridge.
From this point the boundary line
continues—
(2) Along the Carlos-Darling bridge
and then northeasterly along the
western shore of Lake Carlos on to the
Alexandria East, Minn. map; then
(3) Along the shoreline until the point
where the Lake Carlos shoreline
parallels an unlabeled road known as
County Road 38; then
(4) North along County Road 38 until
it intersects with an unlabeled road
known as County Road 62; then
(5) North along County Road 62 on to
the Lake Miltona, East, Minn. map and
then on to an unlabeled road known as
Buckskin Road; then
(6) North on Buckskin Road to the
point at BM 1411; then
(7) North from BM 1411 in a straight
line to the south shoreline of Lake
Miltona; then
(8) Generally west along the south
shoreline of Lake Miltona onto the Lake
Miltona West, Minn. map until the
southern shoreline parallels an
unlabeled road known as Krohnfeldt
Drive; then
(9) South and then west along
Krohnfeldt Drive until it intersects with
an unlabeled road known as County
Road 34; then
(10) South along County Road 34 until
the point where County Road 34 runs
parallel to Lake Ida’s eastern shoreline;
then
(11) South along Lake Ida’s eastern
shoreline, then onto the Alexandria
West, Minn. map to the point where two
unlabeled roads known as Burkey’s
Lane and Sunset Strip Road intersect;
then
(12) South along Sunset Strip Road to
the point where it intersects with an
unlabeled road known as County Road
104; then
(13) Generally east along County Road
104 until it intersects with an unlabeled
road known as County Road 34; then
(14) East along County Road 34 until
it intersects with an unlabeled road
known as County Road 11; then
(15) East along County Road 11 to the
beginning point for the area at BM 1366,
at the Carlos-Darling Bridge.
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Signed: May 17, 2005.
John J. Manfreda,
Administrator.
Approved: May 31, 2005.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
[FR Doc. 05–13040 Filed 6–30–05; 8:45 am]
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.
BILLING CODE 4810–31–P
Definition
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[T.D. TTB–28; Re: Notice No. 27]
RIN 1513–AA91
Establishment of the Horse Heaven
Hills Viticultural Area (2002R–103P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
SUMMARY: This Treasury decision
establishes the 570,000-acre Horse
Heaven Hills viticultural area in southcentral Washington State. Located along
the Columbia River in portions of
Klickitat, Yakima, and Benton counties,
the Horse Heaven Hills area is about 115
miles east of Vancouver, Washington,
and lies entirely within the established
Columbia 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: August 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Nancy Sutton, Regulations and
Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, 925
Lakeville St., No. 158, Petaluma,
California 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.
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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 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.
Horse Heaven Hills Petition and
Rulemaking
Background
TTB received a petition proposing the
establishment of the Horse Heaven Hills
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viticultural area in south-central
Washington State from Paul D. Lucas,
who filed the petition on behalf of wine
grape growers within the area. Located
in the portions of Klickitat, Yakima, and
Benton counties north and west of the
Columbia River and south of the Yakima
Valley, the proposed Horse Heaven Hills
viticultural area is about 115 miles east
of Vancouver, Washington. At about 60
miles long and 22 miles wide, the Horse
Heaven Hills viticultural area covers
some 570,000 acres, of which about
6,040 acres are planted to grapes.
The large, existing Columbia Valley
viticultural area (27 CFR 9.74)
encompasses the proposed Horse
Heaven Hills viticultural area, as well as
the existing Yakima Valley (27 CFR
9.69), the Walla Walla Valley (27 CFR
9.91), and the Red Mountain (27 CFR
9.167) viticultural areas. The Horse
Heaven Hills area lies southeast of the
Yakima Valley area, south of Red
Mountain area, and about 30 miles west
of the Walla Walla Valley area, which is
on the east, or opposite, side of the
Columbia River.
The proposed Horse Heaven Hills
viticultural area consists predominantly
of open, dry plains and hills. The
viticultural area includes a series of
south-facing slopes and has dozens of
drainages running in a spoke pattern
from north to south and into the
Columbia River. The strong winds that
blow through the Columbia River Valley
are the unique and distinctive feature of
the Horse Heaven Hills area and directly
affect the area’s viticulture.
Below, we summarize the evidence
presented in the petition.
Name Evidence
The range of hills in south-central
Washington State in which the
proposed Horse Heaven Hills
viticultural area is located has been
referred to by that name since 1857. The
books ‘‘Benton County Place Names’’
and ‘‘Prosser—The Home County,’’
explain that cattleman James Kinney
named the hills that year while camping
near Kiona, Washington. Kinney awoke
to find that his animals had wandered
up a mountainside and into an upland
plain where they were dining on
succulent bunch grass. According to the
books, he commented to himself,
‘‘Surely this is Horse Heaven.’’
The first official use of the name
Horse Heaven in conjunction with this
area dates to 1884 with the founding of
the Horse Heaven School, according to
an untitled history of the region. This
history also notes that the Horse Heaven
Cemetery started in the garden of
William Dennis, a local resident killed
in an 1892 harvest accident. Local
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newspapers, such as the Prosser Falls
American (circa 1893), often referenced
the Horse Heaven Hills name, as did
books written about the area such as
‘‘Against Odds, A Personal Narrative of
Life in Horse Heaven’’ (K. Elizabeth
Sihler, Concordia Publishing House, St.
Louis, Missouri, 1917). More recently,
the Yakima-Herald published an online
wine article in 2001 that mentions the
Horse Heaven Ranch.
Today, the hills are still officially and
popularly called the ‘‘Horse Heaven
Hills’’ and have survived attempts to
change the region’s name to Benton
Slope or Columbia Plains. For example,
the United States Geological Survey
(USGS) maps, as well as official State
maps and atlases, consistently label this
region as the ‘‘Horse Heaven Hills.’’ The
American Automobile Association map
for the States of Oregon and
Washington, published February 2003,
also identifies the region in which the
proposed viticultural area lies as the
‘‘Horse Heaven Hills.’’
Viticultural History
Growers have raised grapes in the
Horse Heaven Hills region since 1972,
when Don Mercer planted a 5-acre
parcel of Cabernet Sauvignon at Phinny
Hill, Washington. Between 1978 and
1981, Stimson Lane planted 2,000 acres
in Paterson, Washington, including
Merlot, Cabernet Sauvignon,
Gewurztraminer, Riesling, Sauvignon
Blanc, and Grenache grapes. By the mid
1980s, commercial wine production
included the Mercer Ranch Vineyards’
Cabernet Sauvignon, and St. Michelle’s
Gewurztraminer, Grenache Rose, and
Cabernet Sauvignon.
Plantings continued from the mid
1980s through the early 1990s in the
Horse Heaven Hills region, and greatly
accelerated after the vineyards in the
Horse Heaven Hills survived the hard
freeze of 1996, which destroyed much of
Washington State’s grape crop. As of
2002, there are at least 20 vineyards,
with over 6,040 acres planted, plus four
commercial wineries within the region.
Boundary Evidence
The proposed Horse Heaven Hills
viticultural area boundary is generally
based on the hills’ geographic extent
and topography, and on a combination
of their climate, terrain, and soils. These
factors differentiate the Horse Heaven
Hills from the surrounding geographic
regions, as well as from the nearby,
established viticultural areas of Yakima
Valley, Walla Walla Valley, and Red
Mountain and the larger, surrounding
Columbia Valley area.
The Columbia River marks the natural
eastern and southern boundary of the
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Horse Heaven Hills and thus serves as
the proposed viticultural area’s eastern
and southern boundary. To the west in
Klickitat County, the Horse Heaven
Hills give way to more extreme terrain.
Here, Pine Creek and the 1,700-foot
contour line are used to mark the
viticultural area’s western boundary. In
the north, the slopes of the Horse
Heaven Hills gradually rise to the crest
of the ridge that separates the hills from
the much lower Yakima Valley. This
ridge, the Yakima Valley side of which
is generally very steep, marks the
northern limit of the proposed Horse
Heaven Hills viticultural area as well.
Distinguishing Features
The proposed Horse Heaven Hills
viticultural area is a unique grapegrowing region distinguished from the
nearby viticultural areas of Yakima
Valley, Red Mountain, Walla Walla
Valley, and from the larger, surrounding
Columbia Valley viticultural area. The
primary distinguishing factors of the
Horse Heaven Hills area include its
topography, wind, annual heat unit
accumulation, and precipitation.
Topography
The proposed Horse Heaven Hills
viticultural area is located in southcentral Washington State, east of the
Cascade Mountain Range and north and
west of the Columbia River, which
bisects eastern Washington State. The
terrain within the viticultural area’s
570,000 acres consists largely of southsloping, open and dry plains, which
have the geographical characteristics of
a watershed, with dozens of drainages
running north to south through the area
in a wheel spoke pattern. Elevations
range from 1,800 feet at the area’s
northern boundary to 200 feet at its
southern boundary along the Columbia
River, which forms the area’s southern
and eastern boundary.
To the north, the Yakima Valley
borders the proposed Horse Heaven
Hills viticultural area. The steep slope
and cliffs of the Yakima Valley and the
crest of the Horse Heaven Hills form a
natural boundary between the two
viticultural regions. Only three
Washington State Department of
Transportation-maintained road passes
exist between the Horse Heaven Hills
and the Yakima Valley. In the west, Pine
Creek, which flows south to the
Columbia River, and the 1,700-foot
contour line mark the boundary
between the south-facing slopes of the
Horse Heaven Hills and the more
extreme terrain found to the west.
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Wind
A significant distinguishing feature of
the proposed Horse Heaven Hills
viticultural area is the heavy amount of
strong wind the area receives. Based on
the area’s proximity to the Columbia
River, and because the Columbia Gorge
acts as a funnel, the Horse Heaven Hills
area receives significantly more wind
than surrounding areas.
In an article titled ‘‘The Columbia
Gorge Wind Funnel’’ in the July 2003
issue of Weatherwise magazine (pages
104 through 107), Howard E. Graham of
the National Weather Service’s Portland,
Oregon, office explains that the
Columbia Gorge wind patterns are a
function of the pressure differences
between the west and east ends of this
120-mile long river canyon. The Gorge
surrounds the Columbia River between
Bridal Veil to the west, and Arlington to
the east. The article emphasizes that the
winds, rarely calm, always flow along
the axis of the Gorge. The Pacific winds
from the west bring moderating, mild
maritime air into the Gorge. Conversely,
the continental high winds from the east
bring in dry air that is seasonably hot or
cold. The heat of the Columbia Basin
draws these intense winds north over
Horse Heaven Hills after they exit the
Columbia Gorge.
Wind through the Columbia Gorge is
determined by Wind Run Miles
(WRMs), a unit of measure for the force
and speed of wind in one hour. The
Horse Heaven Hills viticultural area
records an average of 30 percent more
WRMs than the Walla Walla Valley
viticultural area to the east and the
Yakima Valley viticultural area to the
north, and 20 percent more than the Red
Mountain viticultural area to the
immediate north. The three surrounding
viticultural areas, unlike the Horse
Heaven Hills region, are not in the
direct wind funnel path of the Columbia
Gorge.
often observed consequences of the
higher winds within the proposed Horse
Heaven Hills viticultural area include a
reduction in canopy size and density of
grapes on the vines. Also, vines are less
prone to disease, based on the wind’s
drying of wet plant surfaces on which
fungal spores or bacteria can land. The
volume of wind is also a key factor in
determining the amount of irrigation
needed for optimum vine growth.
of rain annually. This is 45 percent less
rainfall than the 19.7 inches in the
Walla Walla Valley area to the east, 30
percent less than Chelan, Washington,
at 13.2 inches rainfall, to the north, and
13 percent more than the Yakima
Valley, at 7.8 inches, to the immediate
north.
Soils
Three dominant parent materials form
the soils found within the proposed
Temperature
Horse Heaven Hills viticultural area,
The proposed Horse Heaven Hills
according to Alan Busacca of the
viticultural area has a relatively warm
Department of Crop and Soil Sciences,
growing season within the Columbia
Washington State University: (1) Eolian
Valley region of Washington State. This sand and silt (wind blown dunes and
growing season warmth has a dramatic
loess); (2) sediments from giant glacial
impact on harvest dates and fruit
outburst floods, including gravelly
quality. The harvest time in the Horse
alluvium and stratified fine sands and
Heaven Hills may start up to two weeks silts (slackwater sediments); and (3) hill
before the harvest in the Yakima Valley, slope rubble from the Columbia River
40 miles to the northwest. The Horse
Basalt bedrock. The soils of each
Heaven Hills growing season allows
Washington State viticultural area are
growers to ensure full maturity in middistinct, with variations in the
to late-season grape varieties while
proportion and distribution of the three
receiving the benefit of extended time
parent materials noted above, according
on the vine. The length of the growing
to Larry Meinert, a professor of Geology
season produces unique fruit
at Washington State University. The
characteristics, resulting in many
westerly wind transport predominant in
‘‘single vineyard’’ designated wines. It
the proposed Horse Heaven Hills area
also decreases the risk of fall frost and
and the direction of glacial floods create
harvest time disease.
a differing grain size distribution of the
The Annual Heat Units index
soils in the region as compared to the
calculates the sum of the average daily
surrounding viticultural areas.
temperatures above a threshold of 50
The proposed Horse Heaven Hills
degrees Fahrenheit during the growing
viticultural area’s low annual
season. This method determines and
precipitation and its hot summers act to
compares the heat growing conditions of weather the parent materials and soils.
viticultural areas.
The soils are mainly classified as
Aridisols (desert soils) and Mollisols
Annual heat
(prairie soils), which are formed from
units
Viticultural areas
(ten year aver- various combinations of the three parent
age)
materials, according to the Soil Survey
Staff in ‘‘Soil Taxonomy, A Basic
Red Mountain .......................
3,016 System of Soil Classification for Making
Walla Walla Valley ................
2,821
Horse Heaven Hills ...............
2,801 and Interpreting Soil Surveys,’’ (Second
Yakima Valley .......................
2,568 Edition, 1999, USDA Natural Resources
Conservation Service).
Rainfall
Boundary Description
Annual wind
Central and eastern Washington State
Viticultural area
See the narrative boundary
run miles
receives most of its annual rainfall in
description of the petitioned-for
viticultural area in the proposed
Horse Heaven Hills ...............
46,200 the winter months when grapevines are
Red Mountain .......................
36,700 dormant. As a result, all grape-growing
regulatory text published at the end of
Walla Walla Valley ................
32,800 areas in this region require
this notice.
Yakima Valley .......................
32,800 supplemental irrigation. However, the
Maps
low amount of precipitation received
The wind’s effect on viticulture is
during the growing season reduces the
The petitioner provided the required
especially noted during the grapevine
risk of harmful diseases that may occur
maps, and we list them below in the
bud-break to fruit-set period, according
in the vineyard. The low amount of
regulatory text.
to a 1982 article, ‘‘Influence of
water that grapevines in the Horse
Windbreaks and Climatic Region on
Heaven Hills receive prevents excessive Notice of Proposed Rulemaking
Diurnal Fluctuation of Leaf Water
TTB published a notice of proposed
vine canopy growth, which may lead to
Potential, Stomatal Conductance, and
grapes with vegetative flavors, excessive rulemaking regarding the establishment
Leaf Temperature of Grapevines,’’ by
of the Horse Heaven Hills viticultural
acidity, reduced color, and large berry
Freeman, Kliewer, and Stern in the
area in the Federal Register as Notice
size.
American Journal of Enological
The proposed Horse Heaven Hills
No. 27 on January 24, 2005 (70 FR
Viticulture, vol. 33:233–236. The mostviticultural area receives about 9 inches 3322). In that notice, TTB requested
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Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations
comments by March 25, 2005, from all
interested persons. TTB received six
comments in response to the notice. All
comments supported the establishment
of the Horse Heaven Hills viticultural
area based on its distinguishing
viticultural features and the ‘‘Horse
Heaven Hills’’ name, which accurately
identifies this geographical region.
In this final rule, we altered the
location of the Horse Heaven Hill
viticultural area’s proposed northern
boundary between Webber and Badger
Canyons in Benton County in order to
simplify the boundary’s description.
The area’s northern boundary remains
the same as proposed up to the 1,745foot peak on the western side of Webber
Canyon. From that peak, rather than
following a more complex series of
contour and section lines between the
two canyons, the finalized boundary
continues southeasterly along a straight
line to the 1,757-foot peak on the
western side of Badger Canyon. From
that peak the boundary proceeds due
south to Smith Road, where it continues
as proposed in Notice No. 27. This
change makes this boundary section
more consistent with the remainder of
the viticultural area’s northern
boundary, which generally follows a
series of straight lines drawn through
peaks in the ridge separating the Horse
Heaven Hills from the Yakima Valley.
This boundary change increases the size
of the Horse Heaven Hills area by less
than 1,000 acres.
In addition, we altered the wording of
several other boundary description
paragraphs for clarity, but we did not
change the location of the viticultural
area’s boundary except as noted above.
TTB Finding
After careful review of the Horse
Heaven Hills viticultural area petition
and the comments received, TTB finds
that the evidence submitted 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 ‘‘Horse
Heaven Hills’’ viticultural area, located
along the Columbia River in portions of
Klickitat, Yakima, and Benton counties
in south-central Washington State,
effective 30-days from the publication
date of this final rule.
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, ‘‘Horse Heaven
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Hills,’’ is recognized as a name of
viticultural significance. In addition, the
name ‘‘Horse Heaven’’ standing alone is
considered a term of viticultural
significance since the names ‘‘Horse
Heaven Hills’’ and ‘‘Horse Heaven’’ are
often used interchangeably, and the
name ‘‘Horse Heaven’’ applies to places
within the boundary of the Horse
Heaven Hills viticultural area.
Consumers and vintners could,
therefore, reasonably attribute the
quality, reputation, or other
characteristic of wine made from grapes
grown in the Horse Heaven Hills
viticultural area to the name Horse
Heaven itself. Consequently, wine
bottlers using ‘‘Horse Heaven Hills’’ or
‘‘Horse Heaven’’ 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).
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Therefore, it requires no regulatory
assessment.
Drafting Information
Nancy 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 § 9.188
to read as follows:
I
§ 9.188
Horse Heaven Hills.
(a) Name. The name of the viticultural
area described in this section is ‘‘Horse
Heaven Hills’’. For purposes of part 4 of
this chapter, ‘‘Horse Heaven Hills’’ and
‘‘Horse Heaven’’ are terms of viticultural
significance.
(b) Approved Maps. The appropriate
maps for determining the boundaries of
the Horse Heaven Hills viticultural area
are 28 United States Geological Survey
(USGS) 1:24,000 scale topographic
maps. They are titled:
(1) Umatilla Quadrangle, Oregon—
Washington, 1993;
(2) Irrigon Quadrangle, Oregon—
Washington, 1993;
(3) Paterson Quadrangle,
Washington—Oregon, 1993;
(4) West of Paterson Quadrangle,
Washington—Oregon, 1993;
(5) Boardman Quadrangle, Oregon—
Washington, 1993;
(6) Crow Butte Quadrangle,
Washington—Oregon, 1993;
(7) Golgotha Butte Quadrangle,
Washington—Oregon, 1993;
(8) Heppner Junction Quadrangle,
Oregon—Washington, 1962, photo
revised, 1970;
(9) Wood Gulch Quadrangle,
Washington—Oregon, 1962, photo
revised 1970, photo inspected 1975;
(10) Crider Valley Quadrangle,
Washington, 1962;
(11) Douty Canyon Quadrangle,
Washington, 1962;
(12) Tule Prong Quadrangle,
Washington, 1965;
(13) Prosser SW Quadrangle,
Washington, 1965, photo inspected
1975;
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(14) Mabton West Quadrangle,
Washington, 1965;
(15) Mabton East Quadrangle,
Washington, 1965;
(16) Prosser Quadrangle, Washington,
1965;
(17) Whitstran Quadrangle,
Washington, 1965;
(18) Whitstran NE Quadrangle,
Washington, 1965;
(19) Corral Canyon Quadrangle,
Washington, 1977;
(20) Webber Canyon Quadrangle,
Washington, 1965;
(21) Badger Mountain Quadrangle,
Washington, 1965, photo revised 1978;
(22) Taylor Canyon Quadrangle,
Washington, 1965;
(23) Johnson Butte Quadrangle, 1964,
photo revised 1978;
(24) Nine Canyon Quadrangle, 1964;
(25) Wallula Quadrangle, 1992;
(26) Juniper Canyon Quadrangle,
1966, photo revised 1978;
(27) Juniper Quadrangle, 1993; and
(28) Hat Rock Quadrangle, 1993.
(c) Boundary. The Horse Heaven Hills
viticultural area is located in portions of
Benton, Klickitat, and Yakima Counties,
Washington. The boundary of the Horse
Heaven Hills viticultural area is
described below:
(1) Beginning on the Umatilla map at
the intersection of Interstate Highway 82
and the north bank of the Columbia
River in Benton County, Washington,
proceed westerly (downstream) along
the river’s north bank, passing through
the Irrigon, Paterson, West of Paterson,
Boardman, Crow Butte, and Golgotha
Butte maps, to the mouth of Pine Creek
in section 32, T4N/R22E, on the
Heppner Junction map in Klickitat
County; then
(2) Follow Pine Creek northwesterly
(upstream) for approximately 7.0 miles
to the junction of Pine Creek and the
western boundary of section 16, T4N/
R21E, on the Wood Gulch map, then
continue north along the section
boundary to the point where East Road,
which coincides with the section line at
this point, crosses the 1,700-foot
contour line, very near the southwestern
corner of section 9, T4N, R21E; then
(3) Proceed northeasterly along the
meandering 1,700-foot contour line
through, and crossing between, the
Crider Valley and Douty Canyon maps
(crossing Alder Creek, Stegeman
Canyon, Spring Canyon, Sand Ridge,
and Willow Creek) to the point where
the 1,700-foot contour line intersects
Sand Ridge Road in section 4, T5N,
R22E, on the Douty Canyon map; then
(4) Continue north-northeasterly along
the meandering 1,700-foot contour line
through, and crossing between, the Tule
Prong and Douty Canyon maps (crossing
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Tule Canyon, Tule Prong, and Dead
Canyon) to the contour line’s
intersection with Alderdale Road in
section 31, T7N/R23E, northeast of
Coyote Canyon, on the Prosser SW map
in Yakima County; then
(5) Follow Alderdale Road northwest,
returning to the Tule Prong map, and
continue northwest and then north
along Alderdale Road to its intersection
with Wandling Road in section 2, T7N/
R22E; then
(6) From that intersection, proceed
northeasterly in a straight line to the
2,011-foot peak near the northwest
corner of section 1, T7N/R22E, on the
Mabton West map, and continue
northeasterly in a straight line to the
1,989-foot peak in the southeast corner
of section 36, T8N/R22E, on the Mabton
East map; then
(7) From that peak, proceed easterly
in a straight line through the 1,860-foot
benchmark along side Township Road
in section 31, T8N/R23E, to the 2,009foot peak in section 32, T8N/R23E, then
northerly in a straight line to the 2,011foot peak in the same section, then
easterly to the 1,850 foot peak in the
northwest quadrant of section 33, T8N/
R23E, then east-northeasterly to the
1,964-foot peak beside the western
boundary of section 27, T8N/R23E, then
east-northeasterly through the 2,031-foot
peak in the northwest corner of section
26, T8N/R23E, to the 2,064-foot peak in
the northern portion of the same
section; then
(8) From that peak, proceed eastsoutheast to the 2,093 foot peak in the
northeastern quadrant of section 25,
T8N/R23E on the Prosser map, then
northeasterly in a straight line to the
2,193-foot peak of Horse Hill in the
northeast corner of section 25, T8N/
R23E, then northeasterly in a straight
line, crossing into Benton County, to the
2,107-foot peak in section 19, T8N/
R24E, then easterly to the 2,081-foot
peak in section 21, T8N/R24E, then eastnortheasterly through the 1,813-foot
peak near the northwest corner of
section 13, T8N/R24E, to the 1,861-foot
peak marked with radio towers near the
southern boundary of section 12, T8N/
R24E; then
(9) From that peak, proceed
northeasterly in a straight line to an
unmarked 1,410-foot summit in the
northeast corner of section 7, T8N/R25E,
on the Whitstran map, then eastsoutheasterly to the 1,637-foot peak near
the center of section 8, T8N/R25E, and
then north-northeasterly to the
intersection of State Route 221 and
Carter Road near the southeast corner of
section 5, T8N/R25E; then
(10) Follow Carter Road northerly to
the point where it becomes an
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unimproved road and continue
northerly then easterly along the
unimproved road to the 1,854-foot peak
of Gibbon Hill in the northeast corner of
section 4, T8N/R25E; then
(11) From that peak, proceed eastnortheasterly in a straight line through
the 1,745-foot peak in section 35, T9N/
R25E, to the 1,976-foot peak in section
36, T9N/R25E, then east-northeasterly
in a straight line onto the Whitstran NE
map through the 1,808-foot peak in
section 30, T9N/R26E, to the 1,818-foot
peak in the same section; then
(12) From that peak, proceed due
north in a straight line to the jeep trail
above the 1,750-foot contour line near
the northeast corner of section 30, T9N/
R26E; then
(13) Follow the jeep trail eastnortheasterly to the 2,046-foot peak of
Chandler Butte in section 21, T9N/
R26E, then east-northeasterly and then
southeasterly along the jeep trail
through sections 22 and 23, T9N/R26E,
on the Corral Canyon map, to the
intersection of the jeep trail and McBee
Grade road near the gravel pit in the
southeast corner of section 23, T9N/
R26E, on the Whitstran NE map; then
(14) From that intersection, proceed
southeasterly in a series of straight lines
through the 1,689-foot peak in the
southeast corner of section 23, T9N/
R26E, and the 1,826-foot peak in section
25, T9N/R26E, on the Whitstran map,
then, on the Webber Canyon map,
through the 1,845-foot peak in section
30, T9N/R27E, the 1,808-foot peak in
section 31, T9N/R27E, the 1,745-foot
peak in section 32, T9N/R27E, and the
1,572-foot peak of Rome Hill in section
14, T8N/R27E, and then, on the Badger
Mountain map, continue in a straight
line to the 1,757-foot peak in section 30,
T8N/R28E; then
(15) From the 1,757-foot peak,
proceed due south in a straight line to
the line’s intersection with Smith Road
near the northern boundary of section 6,
T7N/R28E; then
(16) Continue southerly along Smith
Road to the road’s intersection with
Clodfelter Road at the southern
boundary of section 6, T7N/R28E, on
the Taylor Canyon map; then
(17) Proceed east on Clodfelter Road
to its intersection with Williams Road at
the eastern boundary of section 5, T7N/
R28E, and continue east on Williams
Road to its intersection with the 1,800foot contour line in section 4, T7N/
R28E; then
(18) Follow the meandering 1,800-foot
contour line southerly then easterly to
the contour line’s junction with the
northeast corner of section 15, T7N/
R28E; then
E:\FR\FM\01JYR1.SGM
01JYR1
Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations
(19) From that point, proceed eastsoutheasterly in a straight line to the
1,680-foot benchmark in section 17,
T7N/R29E, on the Johnson Butte map,
and continue east-northeasterly in a
straight line through the 2,043-foot peak
of Johnson Butte in section 16, T7N/
R29E, to the 2,220-foot peak of Jump Off
Joe summit in section 12, T7N/R29E;
then
(20) From that point, proceed
southeasterly in a straight line, through
the Nine Canyon map, to the 343-foot
benchmark on the bank of the Columbia
River at Palmer Pond in section 13,
T6N/R30E, on the Wallula map; and
then
(21) Follow the north bank of the
Columbia River westerly (downstream),
through the Juniper Canyon, Juniper,
and the Hat Rock maps, to the beginning
point at the intersection of Interstate
Highway 82 and the north bank of the
Columbia River on the Umatilla map.
Signed: May 17, 2005.
John J. Manfreda,
Administrator.
Approved: May 27, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 05–13039 Filed 6–30–05; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF DEFENSE
Defense Security Service
32 CFR Part 321
[DSS Regulation 01–13–R]
Privacy Act; Implementation
Defense Security Service, DoD.
Final Rule/Transfer.
AGENCY:
ACTION:
SUMMARY: The Defense Security Service
(DSS) is adding an exemption rule for
the system of records V5–05, entitled
‘Joint Personnel Adjudication System
(JPAS)’. The system of records is being
transferred from the Department of the
Air Force’s inventory (F031 DoD A,
entitled ‘Joint Personnel Adjudication
System (JPAS)’) to the DSS inventory of
records. The exemption rule (32 CFR
part 806b) for the Air Force system is
being transferred and published as an
exemption rule (32 CFR part 321.13) for
the DSS system.
The rule was published as a final rule
on May 9, 2003 at 68 FR 24881.
DATES: Effective July 1, 2005.
ADDRESSES: Defense Security Service,
Chief Information Officer/Chief
Operating Officer, 1340 Braddock Place,
Alexandria, VA 22314–1651.
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FOR FURTHER INFORMATION CONTACT:
Mr.
Leslie R. Blake at (703) 325–9450.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been determined that Privacy
Act rules for the Department of Defense
are not significant rules. The rules do
not (1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy; a sector of the economy;
productivity; competition; jobs; the
environment; public health or safety; or
State, local, or tribal governments or
communities; (2) Create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another Agency; (3) Materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs, or
the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive order.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
It has been certified that Privacy Act
rules for the Department of Defense do
not have significant economic impact on
a substantial number of small entities
because they are concerned only with
the administration of Privacy Act
systems of records within the
Department of Defense.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that Privacy Act
rules for the Department of Defense
impose no information requirements
beyond the Department of Defense and
that the information collected within
the Department of Defense is necessary
and consistent with 5 U.S.C. 552a,
known as the Privacy Act of 1974.
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
It has been certified that the Privacy
Act rulemaking for the Department of
Defense does not involve a Federal
mandate that may result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
and that such rulemaking will not
significantly or uniquely affect small
governments.
Executive Order 13132, ‘‘Federalism’’
It has been certified that the Privacy
Act rules for the Department of Defense
do not have federalism implications.
The rules do not have substantial direct
effects on the States, on the relationship
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38009
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.
List of Subjects in 32 CFR Part 321
Privacy.
I Accordingly, 32 CFR part 321 is to be
amended to read as follows:
PART 321—DEFENSE SECURITY
SERVICE PRIVACY PROGRAM
1. The authority citation for 32 CFR
part 321 continues to read as follows:
I
Authority: Pub. L. 93–579, 88 Stat. 1896 (5
U.S.C. 552a).
2. Section 321.13 is amended by
adding paragraph (h) to read as follows:
I
§ 321.13
Exemptions.
*
*
*
*
*
(h) System identifier: V5–05.
(1) System name: Joint Personnel
Adjudication System (JPAS).
(2) Exemption: (i) Investigatory
material compiled solely for the purpose
of determining suitability, eligibility, or
qualifications for Federal civilian
employment, military service, Federal
contracts, or access to classified
information may be exempt pursuant to
5 U.S.C. 552a(k)(5), but only to the
extent that such material would reveal
the identity of a confidential source.
(ii) Therefore, portions of this system
of records may be exempt pursuant to 5
U.S.C. 552a(k)(5) from the following
subsections of 5 U.S.C. 552a(c)(3), (d),
and (e)(1).
(3) Authority: 5 U.S.C. 552a(k)(5).
(4) Reasons: (i) From subsections
(c)(3) and (d) when access to accounting
disclosures and access to or amendment
of records would cause the identity of
a confidential source to be revealed.
Disclosure of the source’s identity not
only will result in the Department
breaching the promise of confidentiality
made to the source but it will impair the
Department’s future ability to compile
investigatory material for the purpose of
determining suitability, eligibility, or
qualifications for Federal civilian
employment, Federal contracts, or
access to classified information. Unless
sources can be assured that a promise of
confidentiality will be honored, they
will be less likely to provide
information considered essential to the
Department in making the required
determinations.
(ii) From subsection (e)(1) because in
the collection of information for
investigatory purpose, it is not always
possible to determine the relevance and
necessity of particular information in
the early stages of the investigation. It is
only after the information is evaluated
E:\FR\FM\01JYR1.SGM
01JYR1
]]>Agencies
[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Rules and Regulations]
[Pages 38004-38009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13039]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-28; Re: Notice No. 27]
RIN 1513-AA91
Establishment of the Horse Heaven Hills Viticultural Area (2002R-
103P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This Treasury decision establishes the 570,000-acre Horse
Heaven Hills viticultural area in south-central Washington State.
Located along the Columbia River in portions of Klickitat, Yakima, and
Benton counties, the Horse Heaven Hills area is about 115 miles east of
Vancouver, Washington, and lies entirely within the established
Columbia 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: August 1, 2005.
FOR FURTHER INFORMATION CONTACT: Nancy Sutton, Regulations and
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 925
Lakeville St., No. 158, Petaluma, California 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.
Horse Heaven Hills Petition and Rulemaking
Background
TTB received a petition proposing the establishment of the Horse
Heaven Hills
[[Page 38005]]
viticultural area in south-central Washington State from Paul D. Lucas,
who filed the petition on behalf of wine grape growers within the area.
Located in the portions of Klickitat, Yakima, and Benton counties north
and west of the Columbia River and south of the Yakima Valley, the
proposed Horse Heaven Hills viticultural area is about 115 miles east
of Vancouver, Washington. At about 60 miles long and 22 miles wide, the
Horse Heaven Hills viticultural area covers some 570,000 acres, of
which about 6,040 acres are planted to grapes.
The large, existing Columbia Valley viticultural area (27 CFR 9.74)
encompasses the proposed Horse Heaven Hills viticultural area, as well
as the existing Yakima Valley (27 CFR 9.69), the Walla Walla Valley (27
CFR 9.91), and the Red Mountain (27 CFR 9.167) viticultural areas. The
Horse Heaven Hills area lies southeast of the Yakima Valley area, south
of Red Mountain area, and about 30 miles west of the Walla Walla Valley
area, which is on the east, or opposite, side of the Columbia River.
The proposed Horse Heaven Hills viticultural area consists
predominantly of open, dry plains and hills. The viticultural area
includes a series of south-facing slopes and has dozens of drainages
running in a spoke pattern from north to south and into the Columbia
River. The strong winds that blow through the Columbia River Valley are
the unique and distinctive feature of the Horse Heaven Hills area and
directly affect the area's viticulture.
Below, we summarize the evidence presented in the petition.
Name Evidence
The range of hills in south-central Washington State in which the
proposed Horse Heaven Hills viticultural area is located has been
referred to by that name since 1857. The books ``Benton County Place
Names'' and ``Prosser--The Home County,'' explain that cattleman James
Kinney named the hills that year while camping near Kiona, Washington.
Kinney awoke to find that his animals had wandered up a mountainside
and into an upland plain where they were dining on succulent bunch
grass. According to the books, he commented to himself, ``Surely this
is Horse Heaven.''
The first official use of the name Horse Heaven in conjunction with
this area dates to 1884 with the founding of the Horse Heaven School,
according to an untitled history of the region. This history also notes
that the Horse Heaven Cemetery started in the garden of William Dennis,
a local resident killed in an 1892 harvest accident. Local newspapers,
such as the Prosser Falls American (circa 1893), often referenced the
Horse Heaven Hills name, as did books written about the area such as
``Against Odds, A Personal Narrative of Life in Horse Heaven'' (K.
Elizabeth Sihler, Concordia Publishing House, St. Louis, Missouri,
1917). More recently, the Yakima-Herald published an online wine
article in 2001 that mentions the Horse Heaven Ranch.
Today, the hills are still officially and popularly called the
``Horse Heaven Hills'' and have survived attempts to change the
region's name to Benton Slope or Columbia Plains. For example, the
United States Geological Survey (USGS) maps, as well as official State
maps and atlases, consistently label this region as the ``Horse Heaven
Hills.'' The American Automobile Association map for the States of
Oregon and Washington, published February 2003, also identifies the
region in which the proposed viticultural area lies as the ``Horse
Heaven Hills.''
Viticultural History
Growers have raised grapes in the Horse Heaven Hills region since
1972, when Don Mercer planted a 5-acre parcel of Cabernet Sauvignon at
Phinny Hill, Washington. Between 1978 and 1981, Stimson Lane planted
2,000 acres in Paterson, Washington, including Merlot, Cabernet
Sauvignon, Gewurztraminer, Riesling, Sauvignon Blanc, and Grenache
grapes. By the mid 1980s, commercial wine production included the
Mercer Ranch Vineyards' Cabernet Sauvignon, and St. Michelle's
Gewurztraminer, Grenache Rose, and Cabernet Sauvignon.
Plantings continued from the mid 1980s through the early 1990s in
the Horse Heaven Hills region, and greatly accelerated after the
vineyards in the Horse Heaven Hills survived the hard freeze of 1996,
which destroyed much of Washington State's grape crop. As of 2002,
there are at least 20 vineyards, with over 6,040 acres planted, plus
four commercial wineries within the region.
Boundary Evidence
The proposed Horse Heaven Hills viticultural area boundary is
generally based on the hills' geographic extent and topography, and on
a combination of their climate, terrain, and soils. These factors
differentiate the Horse Heaven Hills from the surrounding geographic
regions, as well as from the nearby, established viticultural areas of
Yakima Valley, Walla Walla Valley, and Red Mountain and the larger,
surrounding Columbia Valley area.
The Columbia River marks the natural eastern and southern boundary
of the Horse Heaven Hills and thus serves as the proposed viticultural
area's eastern and southern boundary. To the west in Klickitat County,
the Horse Heaven Hills give way to more extreme terrain. Here, Pine
Creek and the 1,700-foot contour line are used to mark the viticultural
area's western boundary. In the north, the slopes of the Horse Heaven
Hills gradually rise to the crest of the ridge that separates the hills
from the much lower Yakima Valley. This ridge, the Yakima Valley side
of which is generally very steep, marks the northern limit of the
proposed Horse Heaven Hills viticultural area as well.
Distinguishing Features
The proposed Horse Heaven Hills viticultural area is a unique
grape-growing region distinguished from the nearby viticultural areas
of Yakima Valley, Red Mountain, Walla Walla Valley, and from the
larger, surrounding Columbia Valley viticultural area. The primary
distinguishing factors of the Horse Heaven Hills area include its
topography, wind, annual heat unit accumulation, and precipitation.
Topography
The proposed Horse Heaven Hills viticultural area is located in
south-central Washington State, east of the Cascade Mountain Range and
north and west of the Columbia River, which bisects eastern Washington
State. The terrain within the viticultural area's 570,000 acres
consists largely of south-sloping, open and dry plains, which have the
geographical characteristics of a watershed, with dozens of drainages
running north to south through the area in a wheel spoke pattern.
Elevations range from 1,800 feet at the area's northern boundary to 200
feet at its southern boundary along the Columbia River, which forms the
area's southern and eastern boundary.
To the north, the Yakima Valley borders the proposed Horse Heaven
Hills viticultural area. The steep slope and cliffs of the Yakima
Valley and the crest of the Horse Heaven Hills form a natural boundary
between the two viticultural regions. Only three Washington State
Department of Transportation-maintained road passes exist between the
Horse Heaven Hills and the Yakima Valley. In the west, Pine Creek,
which flows south to the Columbia River, and the 1,700-foot contour
line mark the boundary between the south-facing slopes of the Horse
Heaven Hills and the more extreme terrain found to the west.
[[Page 38006]]
Wind
A significant distinguishing feature of the proposed Horse Heaven
Hills viticultural area is the heavy amount of strong wind the area
receives. Based on the area's proximity to the Columbia River, and
because the Columbia Gorge acts as a funnel, the Horse Heaven Hills
area receives significantly more wind than surrounding areas.
In an article titled ``The Columbia Gorge Wind Funnel'' in the July
2003 issue of Weatherwise magazine (pages 104 through 107), Howard E.
Graham of the National Weather Service's Portland, Oregon, office
explains that the Columbia Gorge wind patterns are a function of the
pressure differences between the west and east ends of this 120-mile
long river canyon. The Gorge surrounds the Columbia River between
Bridal Veil to the west, and Arlington to the east. The article
emphasizes that the winds, rarely calm, always flow along the axis of
the Gorge. The Pacific winds from the west bring moderating, mild
maritime air into the Gorge. Conversely, the continental high winds
from the east bring in dry air that is seasonably hot or cold. The heat
of the Columbia Basin draws these intense winds north over Horse Heaven
Hills after they exit the Columbia Gorge.
Wind through the Columbia Gorge is determined by Wind Run Miles
(WRMs), a unit of measure for the force and speed of wind in one hour.
The Horse Heaven Hills viticultural area records an average of 30
percent more WRMs than the Walla Walla Valley viticultural area to the
east and the Yakima Valley viticultural area to the north, and 20
percent more than the Red Mountain viticultural area to the immediate
north. The three surrounding viticultural areas, unlike the Horse
Heaven Hills region, are not in the direct wind funnel path of the
Columbia Gorge.
------------------------------------------------------------------------
Annual wind
Viticultural area run miles
------------------------------------------------------------------------
Horse Heaven Hills...................................... 46,200
Red Mountain............................................ 36,700
Walla Walla Valley...................................... 32,800
Yakima Valley........................................... 32,800
------------------------------------------------------------------------
The wind's effect on viticulture is especially noted during the
grapevine bud-break to fruit-set period, according to a 1982 article,
``Influence of Windbreaks and Climatic Region on Diurnal Fluctuation of
Leaf Water Potential, Stomatal Conductance, and Leaf Temperature of
Grapevines,'' by Freeman, Kliewer, and Stern in the American Journal of
Enological Viticulture, vol. 33:233-236. The most-often observed
consequences of the higher winds within the proposed Horse Heaven Hills
viticultural area include a reduction in canopy size and density of
grapes on the vines. Also, vines are less prone to disease, based on
the wind's drying of wet plant surfaces on which fungal spores or
bacteria can land. The volume of wind is also a key factor in
determining the amount of irrigation needed for optimum vine growth.
Temperature
The proposed Horse Heaven Hills viticultural area has a relatively
warm growing season within the Columbia Valley region of Washington
State. This growing season warmth has a dramatic impact on harvest
dates and fruit quality. The harvest time in the Horse Heaven Hills may
start up to two weeks before the harvest in the Yakima Valley, 40 miles
to the northwest. The Horse Heaven Hills growing season allows growers
to ensure full maturity in mid-to late-season grape varieties while
receiving the benefit of extended time on the vine. The length of the
growing season produces unique fruit characteristics, resulting in many
``single vineyard'' designated wines. It also decreases the risk of
fall frost and harvest time disease.
The Annual Heat Units index calculates the sum of the average daily
temperatures above a threshold of 50 degrees Fahrenheit during the
growing season. This method determines and compares the heat growing
conditions of viticultural areas.
------------------------------------------------------------------------
Annual heat
Viticultural areas units (ten
year average)
------------------------------------------------------------------------
Red Mountain............................................ 3,016
Walla Walla Valley...................................... 2,821
Horse Heaven Hills...................................... 2,801
Yakima Valley........................................... 2,568
------------------------------------------------------------------------
Rainfall
Central and eastern Washington State receives most of its annual
rainfall in the winter months when grapevines are dormant. As a result,
all grape-growing areas in this region require supplemental irrigation.
However, the low amount of precipitation received during the growing
season reduces the risk of harmful diseases that may occur in the
vineyard. The low amount of water that grapevines in the Horse Heaven
Hills receive prevents excessive vine canopy growth, which may lead to
grapes with vegetative flavors, excessive acidity, reduced color, and
large berry size.
The proposed Horse Heaven Hills viticultural area receives about 9
inches of rain annually. This is 45 percent less rainfall than the 19.7
inches in the Walla Walla Valley area to the east, 30 percent less than
Chelan, Washington, at 13.2 inches rainfall, to the north, and 13
percent more than the Yakima Valley, at 7.8 inches, to the immediate
north.
Soils
Three dominant parent materials form the soils found within the
proposed Horse Heaven Hills viticultural area, according to Alan
Busacca of the Department of Crop and Soil Sciences, Washington State
University: (1) Eolian sand and silt (wind blown dunes and loess); (2)
sediments from giant glacial outburst floods, including gravelly
alluvium and stratified fine sands and silts (slackwater sediments);
and (3) hill slope rubble from the Columbia River Basalt bedrock. The
soils of each Washington State viticultural area are distinct, with
variations in the proportion and distribution of the three parent
materials noted above, according to Larry Meinert, a professor of
Geology at Washington State University. The westerly wind transport
predominant in the proposed Horse Heaven Hills area and the direction
of glacial floods create a differing grain size distribution of the
soils in the region as compared to the surrounding viticultural areas.
The proposed Horse Heaven Hills viticultural area's low annual
precipitation and its hot summers act to weather the parent materials
and soils. The soils are mainly classified as Aridisols (desert soils)
and Mollisols (prairie soils), which are formed from various
combinations of the three parent materials, according to the Soil
Survey Staff in ``Soil Taxonomy, A Basic System of Soil Classification
for Making and Interpreting Soil Surveys,'' (Second Edition, 1999, USDA
Natural Resources Conservation Service).
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 we list them below
in the regulatory text.
Notice of Proposed Rulemaking
TTB published a notice of proposed rulemaking regarding the
establishment of the Horse Heaven Hills viticultural area in the
Federal Register as Notice No. 27 on January 24, 2005 (70 FR 3322). In
that notice, TTB requested
[[Page 38007]]
comments by March 25, 2005, from all interested persons. TTB received
six comments in response to the notice. All comments supported the
establishment of the Horse Heaven Hills viticultural area based on its
distinguishing viticultural features and the ``Horse Heaven Hills''
name, which accurately identifies this geographical region.
In this final rule, we altered the location of the Horse Heaven
Hill viticultural area's proposed northern boundary between Webber and
Badger Canyons in Benton County in order to simplify the boundary's
description. The area's northern boundary remains the same as proposed
up to the 1,745-foot peak on the western side of Webber Canyon. From
that peak, rather than following a more complex series of contour and
section lines between the two canyons, the finalized boundary continues
southeasterly along a straight line to the 1,757-foot peak on the
western side of Badger Canyon. From that peak the boundary proceeds due
south to Smith Road, where it continues as proposed in Notice No. 27.
This change makes this boundary section more consistent with the
remainder of the viticultural area's northern boundary, which generally
follows a series of straight lines drawn through peaks in the ridge
separating the Horse Heaven Hills from the Yakima Valley. This boundary
change increases the size of the Horse Heaven Hills area by less than
1,000 acres.
In addition, we altered the wording of several other boundary
description paragraphs for clarity, but we did not change the location
of the viticultural area's boundary except as noted above.
TTB Finding
After careful review of the Horse Heaven Hills viticultural area
petition and the comments received, TTB finds that the evidence
submitted 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 ``Horse Heaven
Hills'' viticultural area, located along the Columbia River in portions
of Klickitat, Yakima, and Benton counties in south-central Washington
State, effective 30-days from the publication date of this final rule.
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, ``Horse
Heaven Hills,'' is recognized as a name of viticultural significance.
In addition, the name ``Horse Heaven'' standing alone is considered a
term of viticultural significance since the names ``Horse Heaven
Hills'' and ``Horse Heaven'' are often used interchangeably, and the
name ``Horse Heaven'' applies to places within the boundary of the
Horse Heaven Hills viticultural area. Consumers and vintners could,
therefore, reasonably attribute the quality, reputation, or other
characteristic of wine made from grapes grown in the Horse Heaven Hills
viticultural area to the name Horse Heaven itself. Consequently, wine
bottlers using ``Horse Heaven Hills'' or ``Horse Heaven'' 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
Nancy 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. 9.188 to read as follows:
Sec. 9.188 Horse Heaven Hills.
(a) Name. The name of the viticultural area described in this
section is ``Horse Heaven Hills''. For purposes of part 4 of this
chapter, ``Horse Heaven Hills'' and ``Horse Heaven'' are terms of
viticultural significance.
(b) Approved Maps. The appropriate maps for determining the
boundaries of the Horse Heaven Hills viticultural area are 28 United
States Geological Survey (USGS) 1:24,000 scale topographic maps. They
are titled:
(1) Umatilla Quadrangle, Oregon--Washington, 1993;
(2) Irrigon Quadrangle, Oregon--Washington, 1993;
(3) Paterson Quadrangle, Washington--Oregon, 1993;
(4) West of Paterson Quadrangle, Washington--Oregon, 1993;
(5) Boardman Quadrangle, Oregon--Washington, 1993;
(6) Crow Butte Quadrangle, Washington--Oregon, 1993;
(7) Golgotha Butte Quadrangle, Washington--Oregon, 1993;
(8) Heppner Junction Quadrangle, Oregon--Washington, 1962, photo
revised, 1970;
(9) Wood Gulch Quadrangle, Washington--Oregon, 1962, photo revised
1970, photo inspected 1975;
(10) Crider Valley Quadrangle, Washington, 1962;
(11) Douty Canyon Quadrangle, Washington, 1962;
(12) Tule Prong Quadrangle, Washington, 1965;
(13) Prosser SW Quadrangle, Washington, 1965, photo inspected 1975;
[[Page 38008]]
(14) Mabton West Quadrangle, Washington, 1965;
(15) Mabton East Quadrangle, Washington, 1965;
(16) Prosser Quadrangle, Washington, 1965;
(17) Whitstran Quadrangle, Washington, 1965;
(18) Whitstran NE Quadrangle, Washington, 1965;
(19) Corral Canyon Quadrangle, Washington, 1977;
(20) Webber Canyon Quadrangle, Washington, 1965;
(21) Badger Mountain Quadrangle, Washington, 1965, photo revised
1978;
(22) Taylor Canyon Quadrangle, Washington, 1965;
(23) Johnson Butte Quadrangle, 1964, photo revised 1978;
(24) Nine Canyon Quadrangle, 1964;
(25) Wallula Quadrangle, 1992;
(26) Juniper Canyon Quadrangle, 1966, photo revised 1978;
(27) Juniper Quadrangle, 1993; and
(28) Hat Rock Quadrangle, 1993.
(c) Boundary. The Horse Heaven Hills viticultural area is located
in portions of Benton, Klickitat, and Yakima Counties, Washington. The
boundary of the Horse Heaven Hills viticultural area is described
below:
(1) Beginning on the Umatilla map at the intersection of Interstate
Highway 82 and the north bank of the Columbia River in Benton County,
Washington, proceed westerly (downstream) along the river's north bank,
passing through the Irrigon, Paterson, West of Paterson, Boardman, Crow
Butte, and Golgotha Butte maps, to the mouth of Pine Creek in section
32, T4N/R22E, on the Heppner Junction map in Klickitat County; then
(2) Follow Pine Creek northwesterly (upstream) for approximately
7.0 miles to the junction of Pine Creek and the western boundary of
section 16, T4N/R21E, on the Wood Gulch map, then continue north along
the section boundary to the point where East Road, which coincides with
the section line at this point, crosses the 1,700-foot contour line,
very near the southwestern corner of section 9, T4N, R21E; then
(3) Proceed northeasterly along the meandering 1,700-foot contour
line through, and crossing between, the Crider Valley and Douty Canyon
maps (crossing Alder Creek, Stegeman Canyon, Spring Canyon, Sand Ridge,
and Willow Creek) to the point where the 1,700-foot contour line
intersects Sand Ridge Road in section 4, T5N, R22E, on the Douty Canyon
map; then
(4) Continue north-northeasterly along the meandering 1,700-foot
contour line through, and crossing between, the Tule Prong and Douty
Canyon maps (crossing Tule Canyon, Tule Prong, and Dead Canyon) to the
contour line's intersection with Alderdale Road in section 31, T7N/
R23E, northeast of Coyote Canyon, on the Prosser SW map in Yakima
County; then
(5) Follow Alderdale Road northwest, returning to the Tule Prong
map, and continue northwest and then north along Alderdale Road to its
intersection with Wandling Road in section 2, T7N/R22E; then
(6) From that intersection, proceed northeasterly in a straight
line to the 2,011-foot peak near the northwest corner of section 1,
T7N/R22E, on the Mabton West map, and continue northeasterly in a
straight line to the 1,989-foot peak in the southeast corner of section
36, T8N/R22E, on the Mabton East map; then
(7) From that peak, proceed easterly in a straight line through the
1,860-foot benchmark along side Township Road in section 31, T8N/R23E,
to the 2,009-foot peak in section 32, T8N/R23E, then northerly in a
straight line to the 2,011-foot peak in the same section, then easterly
to the 1,850 foot peak in the northwest quadrant of section 33, T8N/
R23E, then east-northeasterly to the 1,964-foot peak beside the western
boundary of section 27, T8N/R23E, then east-northeasterly through the
2,031-foot peak in the northwest corner of section 26, T8N/R23E, to the
2,064-foot peak in the northern portion of the same section; then
(8) From that peak, proceed east-southeast to the 2,093 foot peak
in the northeastern quadrant of section 25, T8N/R23E on the Prosser
map, then northeasterly in a straight line to the 2,193-foot peak of
Horse Hill in the northeast corner of section 25, T8N/R23E, then
northeasterly in a straight line, crossing into Benton County, to the
2,107-foot peak in section 19, T8N/R24E, then easterly to the 2,081-
foot peak in section 21, T8N/R24E, then east-northeasterly through the
1,813-foot peak near the northwest corner of section 13, T8N/R24E, to
the 1,861-foot peak marked with radio towers near the southern boundary
of section 12, T8N/R24E; then
(9) From that peak, proceed northeasterly in a straight line to an
unmarked 1,410-foot summit in the northeast corner of section 7, T8N/
R25E, on the Whitstran map, then east-southeasterly to the 1,637-foot
peak near the center of section 8, T8N/R25E, and then north-
northeasterly to the intersection of State Route 221 and Carter Road
near the southeast corner of section 5, T8N/R25E; then
(10) Follow Carter Road northerly to the point where it becomes an
unimproved road and continue northerly then easterly along the
unimproved road to the 1,854-foot peak of Gibbon Hill in the northeast
corner of section 4, T8N/R25E; then
(11) From that peak, proceed east-northeasterly in a straight line
through the 1,745-foot peak in section 35, T9N/R25E, to the 1,976-foot
peak in section 36, T9N/R25E, then east-northeasterly in a straight
line onto the Whitstran NE map through the 1,808-foot peak in section
30, T9N/R26E, to the 1,818-foot peak in the same section; then
(12) From that peak, proceed due north in a straight line to the
jeep trail above the 1,750-foot contour line near the northeast corner
of section 30, T9N/R26E; then
(13) Follow the jeep trail east-northeasterly to the 2,046-foot
peak of Chandler Butte in section 21, T9N/R26E, then east-northeasterly
and then southeasterly along the jeep trail through sections 22 and 23,
T9N/R26E, on the Corral Canyon map, to the intersection of the jeep
trail and McBee Grade road near the gravel pit in the southeast corner
of section 23, T9N/R26E, on the Whitstran NE map; then
(14) From that intersection, proceed southeasterly in a series of
straight lines through the 1,689-foot peak in the southeast corner of
section 23, T9N/R26E, and the 1,826-foot peak in section 25, T9N/R26E,
on the Whitstran map, then, on the Webber Canyon map, through the
1,845-foot peak in section 30, T9N/R27E, the 1,808-foot peak in section
31, T9N/R27E, the 1,745-foot peak in section 32, T9N/R27E, and the
1,572-foot peak of Rome Hill in section 14, T8N/R27E, and then, on the
Badger Mountain map, continue in a straight line to the 1,757-foot peak
in section 30, T8N/R28E; then
(15) From the 1,757-foot peak, proceed due south in a straight line
to the line's intersection with Smith Road near the northern boundary
of section 6, T7N/R28E; then
(16) Continue southerly along Smith Road to the road's intersection
with Clodfelter Road at the southern boundary of section 6, T7N/R28E,
on the Taylor Canyon map; then
(17) Proceed east on Clodfelter Road to its intersection with
Williams Road at the eastern boundary of section 5, T7N/R28E, and
continue east on Williams Road to its intersection with the 1,800-foot
contour line in section 4, T7N/R28E; then
(18) Follow the meandering 1,800-foot contour line southerly then
easterly to the contour line's junction with the northeast corner of
section 15, T7N/R28E; then
[[Page 38009]]
(19) From that point, proceed east-southeasterly in a straight line
to the 1,680-foot benchmark in section 17, T7N/R29E, on the Johnson
Butte map, and continue east-northeasterly in a straight line through
the 2,043-foot peak of Johnson Butte in section 16, T7N/R29E, to the
2,220-foot peak of Jump Off Joe summit in section 12, T7N/R29E; then
(20) From that point, proceed southeasterly in a straight line,
through the Nine Canyon map, to the 343-foot benchmark on the bank of
the Columbia River at Palmer Pond in section 13, T6N/R30E, on the
Wallula map; and then
(21) Follow the north bank of the Columbia River westerly
(downstream), through the Juniper Canyon, Juniper, and the Hat Rock
maps, to the beginning point at the intersection of Interstate Highway
82 and the north bank of the Columbia River on the Umatilla map.
Signed: May 17, 2005.
John J. Manfreda,
Administrator.
Approved: May 27, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-13039 Filed 6-30-05; 8:45 am]
BILLING CODE 4810-31-P
