Establishment of the Snake River Valley Viticultural Area (2005R-463P), 10598-10603 [E7-4230]

Download as PDF 10598 § 524.1146 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations Imidacloprid and moxidectin. (a) Specifications—(1) Each milliliter of solution contains 100 milligrams (mg) imidacloprid and 25 mg moxidectin for use as in paragraph (d)(1) of this section. (2) Each milliliter of solution contains 100 mg imidacloprid and 10 mg moxidectin for use as in paragraph (d)(2) of this section. (b) Sponsor. See No. 000859 in § 510.600(c) of this chapter. (c) Special considerations. Federal law restricts this drug to use by or on the order of a licensed veterinarian. (d) Conditions of use—(1) Dogs—(i) Amount. Topically apply 4.5 mg/lb body weight (10 mg/kg) imidacloprid and 1.1 mg/lb (2.5 mg/kg) moxidectin, once a month. (ii) Indications for use. For the prevention of heartworm disease caused by Dirofilaria immitis; and the treatment and control of intestinal roundworms (Toxocara canis and Toxascaris leonina), hookworms (Ancylostoma caninum and Uncinaria stenocephala), and whipworms (Trichuris vulpis); kills adult fleas and treats flea infestations (Ctenocephalides felis). (2) Cats—(i) Amount. Topically apply 4.5 mg/lb body weight (10 mg/kg) imidacloprid and 0.45 mg/lb (1.0 mg/kg) moxidectin, once a month. (ii) Indications for use. For the prevention of heartworm disease caused by Dirofilaria immitis; for the treatment and control of ear mite (Otodectes cynotis) infestations, intestinal roundworms (Toxocara cati), and hookworms (Ancylostoma tubaeforme); kills adult fleas and treats flea infestations (Ctenocephalides felis). Dated: February 27, 2007. Stephen F. Sundlof, Director, Center for Veterinary Medicine. [FR Doc. E7–4226 Filed 3–8–07; 8:45 am] DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [T.D. TTB–59; Re: Notice No. 60] RIN 1513–AB22 Establishment of the Snake River Valley Viticultural Area (2005R–463P) Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Final rule; Treasury decision. erjones on PRODPC74 with RULES SUMMARY: This Treasury decision establishes the 8,263-square mile VerDate Aug<31>2005 15:24 Mar 08, 2007 Jkt 211001 EFFECTIVE DATE: April 9, 2007. N.A. Sutton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St., No. 158, Petaluma, CA 94952; phone 415– 271–1254. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background on Viticultural Areas TTB Authority Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe regulations for the labeling of wine, distilled spirits, and malt beverages. The FAA Act provides that these regulations should, among other things, prohibit consumer deception and the use of misleading statements on labels, and ensure that labels provide the consumer with adequate information as to the identity and quality of the product. The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the regulations promulgated under the FAA Act. Part 4 of the TTB regulations (27 CFR part 4) allows the establishment of definitive viticultural areas and the use of their names as appellations of origin on wine labels and in wine advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains the list of approved viticultural areas. Definition BILLING CODE 4160–01–S AGENCY: ‘‘Snake River Valley’’ viticultural area in southwestern Idaho and southeastern Oregon. 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. 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 geographical 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. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 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, elevation, physical features, and soils, 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. Snake River Valley Viticultural Area Background The wine grape growers of the Snake River Valley in Idaho, the Idaho Grape Growers and Wine Producers Commission, and the Idaho Department of Commerce and Labor, collectively referred to as the ‘‘petitioner,’’ submitted a petition to establish the 8,263-square mile Snake River Valley viticultural area. The proposed viticultural area includes Ada, Adams, Boise, Canyon, Elmore, Gem, Gooding, Jerome, Owyhee, Payette, Twin Falls, and Washington Counties in southwestern Idaho and Baker and Malheur Counties in southeastern Oregon. The proposed boundary encompasses 15 wineries, 46 vineyards, and 1,107 acres of commercial vineyard production. We summarize below the supporting evidence presented with the petition. Name Evidence The petitioner provided multiple sources of ‘‘Snake River Valley’’ name evidence for the proposed viticultural area. References include winemaking and vineyards, agriculture, early regional exploration, and other name uses. The Fall 2001 edition of Wine Press Northwest ran an article titled ‘‘Idaho Wineries at a Glance,’’ which states, ‘‘At first glance, the Snake River Valley seems an idyllic place to grow grapes E:\FR\FM\09MRR1.SGM 09MRR1 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations erjones on PRODPC74 with RULES * * *’’ and continues to explain that most of the grapes are grown in the Snake River Valley area west of Boise, Idaho. The February 17, 2005, edition of Wine Press Northwest ran an article describing the Snake River Valley as a beautiful area in southwestern Idaho. The article noted that most of the Idaho wineries and vineyards are at elevations between 1,500 and 2,500 feet in the western portion of the Snake River Valley. The official Web site of the State of Idaho has a link to the history of Idaho, noting that in 1811 the Pacific Fur Company expedition explored the Snake River Valley and discovered the Boise Valley, which is within the boundary of the proposed viticultural area. An undated Sunset Magazine article, ‘‘The Snake River Valley of Idaho-Eastern Oregon,’’ discusses the significant agricultural production in the Snake River Valley of Idaho and eastern Oregon. The USGS maps used to identify the proposed Snake River Valley viticultural area prominently show the Snake River at the low elevations of the proposed viticultural area. The American Automobile Association Western States/Provinces map, dated February 2003 through May 2005, shows the Snake River flowing from its headwaters in Wyoming, through Idaho and Oregon, and into Washington to where it joins the Columbia River near Pasco and Kennewick. Boundary Evidence The proposed Snake River Valley viticultural area covers portions of southwestern Idaho and southeastern Oregon. The basis for the proposed boundaries, the petitioner explains, is the extent of ancient Lake Idaho, a deep lake that filled the western part of the Snake River Valley approximately 4 million years ago. The proposed boundary line, with a maximum elevation of 1,040 meters, or 3,412 feet, surrounds the now dry, ancient Lake Idaho at the highest elevation conducive to viticulture, according to the petitioner. The Snake River Plain, a crescentshaped belt of lava and sediment ranging from 40 to 62 miles wide, extends about 372 miles in length across southern Idaho, according to the petitioner. The geology of the western portion of the Snake River Plain, the petitioner continues, has lower elevations and a rift-bounded basin, which contrast to the higher elevations of the eastern section of the Snake River Plain. Also, according to the petitioner, the colder and drier climate of the eastern area is not conducive to VerDate Aug<31>2005 15:24 Mar 08, 2007 Jkt 211001 10599 successful viticulture, unlike the warmer weather and lower elevations of ancient Lake Idaho. An April 21, 1997, article, ‘‘Hydrogeologic Framework of the Boise Valley of Southwest Idaho,’’ by Spencer H. Wood, Department of Geosciences, Boise State University, describes the Snake River Plain as a great geologic bathtub with layers of mud sediment and interconnected layers of sand. According to the article, the depth of the basin plain averages 3,500 feet but extends to 6,000 feet. Also, in prehistoric times ancient Lake Idaho was 800 feet deep in places and covered 5,000 square miles. Today, this region is a flat, semiarid plain that is irrigated for agriculture with water from the Boise River and with ground water, according to the article. underlain by aquifers in basaltic rock but mainly in unconsolidated (sedimentary) deposits. In contrast, the Eastern Plain, to the east of the proposed Snake River Valley viticultural area, is underlain predominantly by aquifers in Pliocene and younger basaltic rocks. The petitioner includes a second map that documents the distribution of rock types in the Pacific Northwest States, based on information taken from the same USGS Hydrologic Atlas noted above. The proposed Snake River Valley viticultural area, according to the map, is underlain primarily by sedimentary rocks, distinguishing the area from basaltic and other igneous rocks in the surrounding regions. Distinguishing Features The proposed Snake River Valley viticultural area includes a series of distinguishing features. According to the petitioner its topography includes elevations lower than the surrounding areas and a fault-bounded, rift basin geography. Also, the area is primarily underlain by sedimentary rock. The comparatively warm climate of the proposed Snake River Valley viticultural area creates better grapegrowing conditions than those in the surrounding higher elevations and the Snake River Valley in eastern Idaho. Physical Features: The petitioner describes the ancient Lake Idaho as the physical focus and an important distinguishing feature of the proposed Snake River Valley viticultural area. Historically, the ancient Lake Idaho was a trough-like structure of lakes. The proposed Snake River Valley viticultural area boundary encircles the now dry, ancient Lake Idaho, a low elevation, fault-bounded, rift basin with a relatively flat, sedimentary bottom. The surrounding areas, beyond the proposed boundary, have a mountainous topography with generally higher elevations. Elevation: Low elevation, between 660 and 1,040 meters, or 2,165 and 3,412 feet, when compared to the surrounding mountains and the eastern portion of the Snake River Valley, is a significant distinguishing feature of the proposed Snake River Valley viticultural area, as shown on the USGS maps and described by the petitioner. Oxbow Dam, along the Snake River in Adams County, Idaho, lies at an elevation of 660 meters, or 2,165 feet, but the encircling proposed viticultural area boundary line generally adheres to an elevation of 1,040 meters, or 3,412 feet, according to the boundary outlined in the petition. The proposed boundary line deviates from its prescribed 1,040meter elevation twice at the northernmost boundary on the McCall map and again along the western boundary of the Vale map. The petitioner explains that the 1,040-meter contour line, past the boundaries of the McCall and Vale maps, continues into regions not associated with the Snake River Valley or with viticulture. The region’s viticulture, according to the petitioner, is successful between elevations of 664 and 950 meters, or 2,180 and 3,117 feet. Geology The petitioner states that the geologic history of the proposed Snake River Valley viticultural area includes flood basalts, northwest-trending structures, loess mantles, and outburst floods. The ancient Lake Idaho extends 149 miles northwest to southeast as a system of lakes and flood plains, from the OregonIdaho State line to west of Twin Falls, Idaho. North of the proposed Snake River Valley viticultural area boundary line, the petitioner explains, are Cretaceous granites of the Idaho Batholith, Eocene volcanoes, older sedimentary rocks, and volcanic flows. To the south of the proposed boundary line, volcanic rocks overlie the southern extension of the granite basement. Regional Summary The petitioner includes a map of the Snake River Plain Aquifer System and information modified from the ‘‘Ground Water Atlas of the United States: Idaho, Oregon, Washington, U.S. Geological Survey Hydrologic Atlas HA 730–H, 1994.’’ The map shows that the Western Plain, which is within the proposed Snake River Valley viticultural area, is PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 Geography E:\FR\FM\09MRR1.SGM 09MRR1 10600 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations Mountains surrounding the western Snake River Valley region exceed 7,000 feet in elevation, especially to the east of the proposed viticultural area boundary line in the Boise National Forest, as shown on the Idaho City, Idaho, USGS map. The City of Twin Falls, Idaho, about 21⁄2 miles southeast of the proposed Snake River Valley viticultural area’s eastern boundary line, as shown on the USGS Twin Falls, Idaho, map, lies at an elevation of 3,729 feet, or about 320 feet higher than the elevation of the proposed viticultural area boundary line. The petitioner provides three topographic profiles of the proposed Snake River Valley viticultural area drawn from various points of the compass. The three profiles include (1) California Mountain, Oregon, to Bruneau, Idaho, (2) Oreana, Idaho, to Danskin Peak, Idaho, and (3) Marsing, Idaho, to Emmett, Idaho. The profiles show the lower elevations of the ancient Lake Idaho basin in comparison to the surrounding higher mountain elevations beyond the proposed viticultural area boundary line. Payette, Idaho, is at an elevation of about 2,300 feet in the basin, but California Mountain, Oregon, reaches a height of approximately 5,150 feet, significantly higher than the proposed viticultural area boundary line. Soils The petitioner describes the soils of the proposed Snake River Valley viticultural area as being diverse and not a distinguishing feature, because the soils have developed in various parent materials, during various time frames, and under varying climatic conditions. The soils are broadly classified as Aridisols, the petitioner adds, and no single soil series or association is dominant. Vineyards within the proposed Snake River Valley viticultural area are on soils that have underlying parent material derived from weathered sediment from the ancient Lake Idaho, according to the petitioner. At the surface are loess, sand, and, in slack water areas, flood-deposited silt. Typically, vineyards in the proposed area are on very shallow soils on slopes. Climate The distinguishing climatic features of the proposed Snake River Valley viticultural area, the petitioner states, include precipitation, air temperature, heat-unit accumulation, and growing season length. The factors affecting climate, the petitioner continues, include the region’s topography, a basin depression with surrounding mountainous terrain; the continental inland location approximately 310 miles east of the Cascade Range; and the 43 degree north latitude line. The petitioner adds that the proposed Snake River Valley viticultural area is in a climatic transition zone with both continental and maritime regimes. The combination of elevation and latitude of the proposed Snake River Valley viticultural area, the petitioner continues, creates a shorter grapegrowing season than those in many other viticultural regions in the Western United States. Climatic data from four weather stations in the West Snake River Valley (WSRV) and for other grape-growing districts in the Western United States are noted in the climatic data table below. The petitioner used online data from 1971 to 2000 compiled and archived by the National Climatic Data Center (NCDC), National Oceanic and Atmospheric Administration, for four areas within the proposed Snake River Valley viticultural area and for three viticultural regions outside of Idaho. The petitioner averaged the collected data for the four Idaho weather stations listed in the climatic data table below. The data are listed separately in the table for each station outside of Idaho, including Umpqua Valley, Oregon; Walla Walla Valley, Washington; and Napa Valley, California, all of which are in established American viticultural areas. ELEVATION, LOCATION, AND CLIMATIC DATA FOR FOUR WEATHER STATIONS WITHIN IDAHO AND FOR THREE WEATHER STATIONS IN WESTERN STATES, OUTSIDE OF IDAHO [In the column headings, Elev. (m) means elevation in meters; MAT, mean annual temperature in degrees Celsius; MAP, mean annual precipitation in millimeters; GDD, growing (Celsius) degree-days; GSL, growing season length in days; XMT, 30-year extreme minimum temperature in degrees Celsius (with event year); and CNT, degrees of continental influence (mean annual temperature range that increases as the coastal marine influence decreases, in degrees Celsius).] Weather stations in the proposed Snake River Valley viticultural area Elev. (m) Location (lat./long.) MAT (°C) MAP (mm) GDD GSL 677 43°48′ N./116°57′ W .......... 9.9 283 1,342 140 722 44°15′ N./116°58′ W .......... 11.0 307 1,637 136 Deer Flat Dam, ID ............... 765 43°35′ N./116°45′ W .......... 11.6 258 1,626 165 Glenns Ferry, ID ................. 753 42°56′ N./115°19′ W .......... 10.5 248 1,413 125 Averages of above four Idaho stations in WSRV. Other Western Viticultural Areas (Reporting Station). Umpqua Valley (Roseburg, OR). Walla Walla Valley (Walla Walla, WA). Napa Valley (Napa, CA) ..... erjones on PRODPC74 with RULES Parma Experiment Station, ID. Weiser, ID ........................... 729 N/A ..................................... 10.8 274 1,504 142 128 43°2′ N./123°36′ W ............ 13.0 855 1,484 218 357 46°5′ N./118°28′ N ............. 12.3 530 1,715 206 18 38°28′ N./122°27′ W .......... 15.0 672 1,753 259 Precipitation: The proposed Snake River Valley viticultural area is a VerDate Aug<31>2005 15:24 Mar 08, 2007 Jkt 211001 semiarid desert with minimal summer precipitation, the petitioner explains. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 XMT (°C) CNT (°C) ¥32 (1990) ¥34 (1990) ¥30 (1989) ¥32 (1989) N/A 25 3 (1989) ¥11 (1985) 14 (1990) 15 The proposed viticultural area has a mean annual precipitation of 10 to 12 E:\FR\FM\09MRR1.SGM 09MRR1 27 24 24 25 23 11 erjones on PRODPC74 with RULES Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations inches, occurring mostly in winter. The low precipitation rate combines with warm weather during the growing season, and the vineyards therefore need irrigation. According to the petitioner, the Idaho weather stations within the proposed Snake River Valley viticultural area record about half the annual precipitation of the weather stations at Umpqua Valley, Oregon; Walla Walla Valley, Washington; and Napa Valley, California. The petitioner explains that the lower annual precipitation of the proposed Snake River Valley viticultural area may be partially due to the rain shadows of the Cascade, Sierra Nevada, and Owyhee Ranges. Temperature: The proposed Snake River Valley viticultural area’s mean annual temperature, based on an average of the four Idaho stations monitored, is 51 degrees F, or 10.8 degrees C. The midwinter mean temperatures are below 0 degrees C for several months, and potential vineyard damage is a hazard, the petitioner explains. The California, Oregon, and Washington weather stations listed in the climatic data table above record warmer average winter temperatures. The differences in the extreme winter temperatures and the mean annual temperature ranges between the proposed Snake River Valley viticultural area and the three weather stations monitored in California, Oregon, and Washington show significant variations in viticultural growing conditions. The petitioner explains that the difference in winter temperatures between the colder proposed Snake River Valley viticultural area and the stations at Umpqua Valley, Oregon; Walla Walla Valley, Washington; and Napa Valley, California, results, to a great extent, from the higher elevations in the proposed viticultural area, which are between 660 and 1,040 meters, or 2,165 and 3,412 feet. Elevations of the other stations are Umpqua Valley, about 460 feet; Walla Walla Valley, 1,200 feet; and Napa Valley, 40 feet. Also, distances from the Pacific Ocean affect the amount of moderating, marine air temperatures the seven weather stations receive. Oceans tend to moderate air temperatures over land; hence, a wider annual temperature range indicates a greater degree of continental influence, or distance from an ocean. The proposed Snake River Valley viticultural area and the Walla Walla Valley both have, as a measure of continental influence, mean annual temperature ranges of about 25 degrees C. In comparison, the Umpqua Valley and the Napa Valley, both of which are VerDate Aug<31>2005 15:24 Mar 08, 2007 Jkt 211001 closer to the Pacific Ocean and are at low elevations, have a smaller mean annual temperature range—about 15 degrees C. The temperatures of the proposed Snake River Valley viticultural area, according to the petitioner, rise rapidly during the growing season, from June through August. The Umpqua Valley in Oregon and the proposed Snake River Valley viticultural area have similar, annual, total growing degree-days, as shown in the climatic data table above; but, they have between 200 and 250 fewer heat units than the Walla Walla Valley, Washington, and the Napa Valley, California. Each degree that a day’s mean temperature is above 50 degrees F, which is the minimum temperature required for grapevine growth, is counted as 1 degree-day (see ‘‘General Viticulture,’’ Albert J. Winkler, University of California Press, 1975). The length of the proposed Snake River Valley viticultural area’s growing season correlates to the frost-free period from about May 10 to September 29 annually, according to the petitioner. The total measurement of annual viticultural growth is between 64 and 117 days less than that measured at Walla Walla Valley, Washington; Umpqua Valley, Oregon; and Napa Valley, California. Notice of Proposed Rulemaking and Comments Received TTB published Notice No. 60 regarding the proposed Snake River Valley viticultural area in the Federal Register on July 17, 2006 (71 FR 40458). In that notice, TTB invited comments by September 15, 2006, from all interested persons. We expressed particular interest in receiving comments on whether the proposed area name would result in a conflict with currently used brand names. We also solicited comments on the appropriateness of the proposed eastern boundary line and asked whether the boundary should be extended into southeastern Idaho. Finally, we specifically solicited comments on the appropriateness of the name ‘‘Snake River Valley’’ and asked whether ‘‘West Snake River Valley’’ or another alternative name would be more appropriate for this area. We received three comments in response to that notice. All three comments supported the establishment of the Snake River Valley viticultural area as proposed. TTB Finding After careful review of the petition and the comments received, TTB finds that the evidence submitted supports the establishment of the proposed viticultural area. Therefore, under the PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 10601 authority of the Federal Alcohol Administration Act and part 4 of our regulations, we establish the ‘‘Snake River Valley’’ viticultural area in southwestern Idaho and southeastern Oregon, effective 30 days from the publication date of this document. Boundary Description See the narrative boundary description of the viticultural area in the regulatory text published at the end of this document. Maps The maps for determining the boundary of the viticultural area are listed below in the regulatory text. Impact on Current Wine Labels Part 4 of the TTB regulations prohibits any label reference on a wine that indicates or implies an origin other than the wine’s true place of origin. With the establishment of this viticultural area and its inclusion in part 9 of the TTB regulations, its name, ‘‘Snake River Valley,’’ is recognized under 27 CFR 4.39(i)(3) as a name of viticultural significance. The text of the new regulation clarifies this point. Consequently, wine bottlers using ‘‘Snake River Valley’’ 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. No single part of the ‘‘Snake River Valley’’ viticultural area name standing alone, such as ‘‘snake’’ or ‘‘Snake River’’, has viticultural significance. The word ‘‘snake’’ alone is not routinely identified with the ‘‘Snake River Valley.’’ The name ‘‘Snake River’’ applies to 13 streams in 9 States, spanning from Florida to Alaska, according to the USGS Geographic Names Information System. For a wine to be labeled with a viticultural area name or with a brand name that includes a viticultural area name or other term specified as having viticultural significance in part 9 of the TTB regulations, at least 85 percent of the wine must be derived from grapes grown within the area represented by that name or other term, and the wine must meet the other conditions listed in 27 CFR 4.25(e)(3). If the wine is not eligible to use the viticultural area name or other term of viticultural significance as an appellation of origin and that name or other term appears in the brand name, then the label is not in compliance and the bottler must change the brand name and obtain approval of a new label. Similarly, if the viticultural area name or other term of viticultural E:\FR\FM\09MRR1.SGM 09MRR1 10602 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations significance appears in another reference on the label in a misleading manner, the bottler would have to obtain approval of a new label. Different rules apply if a wine has a brand name containing a viticultural area name or other term of viticultural significance that was used as a brand name on a label approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details. Regulatory Flexibility Act 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 Rulings Division drafted this notice. List of Subjects in 27 CFR Part 9 Wine. The Regulatory Amendment For the reasons discussed in the preamble, we amend title 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. 2. Amend subpart C by adding § 9.208 to read as follows: I Subpart C—Approved American Viticultural Areas erjones on PRODPC74 with RULES § 9.208 Snake River Valley. (a) Name. The name of the viticultural area described in this section is ‘‘Snake River Valley’’. For purposes of part 4 of this chapter, ‘‘Snake River Valley’’ is a term of viticultural significance. (b) Approved maps. The appropriate maps for determining the boundary of the Snake River Valley viticultural area are 14 United States Geological Survey 1:100,000 scale, metric topographic maps. They are titled, (1) Baker, Oregon-Idaho, 1981; VerDate Aug<31>2005 15:24 Mar 08, 2007 Jkt 211001 (2) Brogan, Oregon-Idaho, 1980; (3) McCall, Idaho-Oregon, 1980, Photoinspected 1990; (4) Weiser, Idaho-Oregon, 1980, Photoinspected 1990; (5) Boise, Idaho-Oregon, 1981; (6) Idaho City, Idaho, 1982; (7) Murphy, Idaho, 1986; (8) Mountain Home, Idaho, 1990; (9) Fairfield, Idaho, 1978; (10) Twin Falls, Idaho, 1979; (11) Glenns Ferry, Idaho, 1992; (12) Triangle, Idaho, 1990; (13) Mahogany Mountain, Idaho, 1978; and (14) Vale, Oregon-Idaho, 1993. (c) Boundary. The Snake River Valley viticultural area is located in Ada, Adams, Boise, Canyon, Elmore, Gem, Gooding, Jerome, Owyhee, Payette, Twin Falls, and Washington Counties in southwestern Idaho and in Baker and Malheur Counties in southeastern Oregon. The boundary of the Snake River Valley viticultural area is as described below: (1) The beginning point is on the Baker map in Oregon at the intersection of the 1,040-meter contour line and Interstate 84, between Pleasant Valley and Oxman in Baker County, T10S/ R42E; (2) From the beginning point proceed east following the 1,040-meter contour line along the eastern side of the Burnt River Valley, then crossing over to the Brogan map, proceed northerly along the western side of the Snake River Valley and, crossing back over to the Baker map, proceed westerly along the southern side of the Powder River Valley to the 1,040-meter contour line’s intersection with the northern boundary of Baker County, T7S/R40E, on the Baker map; (3) Proceed 7.5 miles straight east along the northern boundary of Baker County to its intersection with the 1,040-meter line east of Oregon State Road 203 and three unnamed creeks, T7S/R41E, on the Baker map; (4) Proceed generally southeast along the 1,040-meter contour line onto the McCall map, to its intersection with the 45 degree north latitude line, to the immediate west of North Creek in the Hell’s Canyon National Recreation Area, T6S/R47E, on the northern border of the McCall map; (5) Proceed straight east along the 45 degree north latitude line to its intersection with the 1,040-meter contour line, to the immediate east of North Creek, T6S/R47E, on the McCall map; (6) Follow the 1,040-meter contour line, which encircles the northern portion of McLain Gulch, to its third intersection with the 45 degree north PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 latitude line, west of the Snake River in Baker County, Oregon, T6S/R48E, on the McCall map; (7) Proceed straight east along the 45 degree north latitude line to its intersection with the 1,040-meter contour line, to east of the Snake River and Indian Creek in Adams County, Idaho, T6S/R48W, on the McCall map; (8) Continue following the 1,040meter contour line in a generally clockwise rotation on the McCall map, proceeding southerly on the southeast side of the Snake River, northeasterly north of the Crooked River, crossing the Crooked River, T7S/R3W, proceeding southwesterly south of the Crooked River, crossing Brownlee Creek, T16N/ R4W, proceeding generally southwesterly onto the Baker map, continuing southwesterly, crossing Sturgill Creek, T15N/R6W, and Dennett Creek, T14N/R6W, proceeding onto the Brogan map, proceeding southeasterly, crossing Rock Creek, T13N/R6W, proceeding onto the Weiser map, proceeding northeasterly, north of the Mann Creek State Recreation Area, crossing Mann Creek, T13N/R5W, continuing northeasterly onto the McCall map; (9) Continue following the 1,040meter contour line in a clockwise rotation on the McCall map, proceeding northeasterly, crossing Pine Creek, T15N/R4W, and Hornet Creek, T8S/ R2W, passing west of the Payette National Forest, proceeding southerly, passing east of Mesa, onto the Weiser map, proceeding southerly, crossing Crane Creek, T12N/R1W, turning westerly, rounding north of the Paddock Valley Reservoir, crossing Willow Creek, T9N/R1W, turning southerly onto the Boise map, looping southerly and northerly north of the Black Canyon Reservoir and moving back onto the Weiser map; (10) Continue following the 1,040meter contour line in a clockwise rotation on the Weiser map, proceeding northerly, crossing Squaw Creek, T12N/ R1E, and then southerly, crossing Cottonweed Creek, T11N/R1E, and then southerly again onto the Boise map, rounding south of South Mountain, back onto the Weiser map, proceeding northeasterly north of the Payette River, crossing the North Fork Payette River, T10N/R3E, then proceeding southwesterly south of the Payette River, onto the Boise map, proceeding generally southerly, crossing Cartwright Creek, T6N/R2E, and proceeding westerly and southeasterly towards Lucky Peak Lake, and then turning northward onto the Idaho City map; (11) Continue following the 1,040meter contour line in a clockwise E:\FR\FM\09MRR1.SGM 09MRR1 erjones on PRODPC74 with RULES Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Rules and Regulations rotation on the Idaho City map, proceeding northerly, crossing Grimes and Mores Creek, T5N/R4E, and then proceeding southerly to Lucky Peak Lake, turning northeasterly north of the Lucky Peak Lake, Arrowrock Reservoir, and Middle Fork Boise River to T4N/ R7E, crossing the Middle Fork Boise River and proceeding southwesterly south of the Middle Fork Boise River, to the South Fork Boise River, crossing the South Fork Boise River, T2N/R6E, proceeding onto the Boise map proceeding southwesterly south of Lucky Peak Lake onto the Murphy map; (12) Continue following the 1,040meter contour line in a clockwise rotation southeasterly on the Murphy map to the Mountain Home map, proceeding southeasterly, crossing Canyon Creek, passing north of Mountain Home Reservoir, crossing King Hill Creek, onto the Fairfield map, proceeding easterly, crossing Clover Creek, T4S/R13E, proceeding southerly onto the Twin Falls map; (13) Continue following the 1,040meter contour line in a clockwise rotation on the Twin Falls map, proceeding southeasterly to the Snake River, T9S/R14E, following north of the Snake River and crossing at T10S/R18E, northeast of Twin Falls, proceeding westerly south of the Snake River to the Salmon River, following east of the Salmon River and crossing at T10S/ R13E, proceeding northerly west of the Salmon River and the Hagerman Wildlife Management Area, proceeding west onto the Glenns Ferry map; (14) Continue following the 1,040meter contour line in a clockwise rotation on the Glenns Ferry map, proceeding generally west to Rosevear Gulch, turning south between Rosevear Gulch and Pilgrim Gulch, near Deadman Creek, heading northwesterly, continuing through the Bruneau Desert, crossing Hole Creek in Pot Canyon and proceeding to Bruneau Canyon, proceeding southeasterly east of Bruneau Canyon, crossing Bruneau Canyon, T10S/R7E, proceeding west of Bruneau Canyon then west onto the Triangle map; (15) Continue following the 1,040meter contour line in a clockwise rotation on the Triangle map, heading northwesterly, crossing Shoofly Creek and Alder Creek, T6S/R1W, onto the Murphy map, continuing northwesterly to Sinker Creek, crossing Sinker Creek, T4S/R2W, continuing northwesterly to Jump Creek, crossing Jump Creek, T1N/ R5W, proceeding northwesterly onto the Boise map, crossing its southwestern corner, T2N/R5W, onto the Mahogany Mountain map; VerDate Aug<31>2005 15:24 Mar 08, 2007 Jkt 211001 (16) Continue following the 1,040meter contour line in a clockwise rotation onto the Mahogany Mountain map, proceeding westerly onto the Vale map, generally northwesterly then southwesterly onto the Mahogany Mountain map, proceeding southwest, west, and generally north onto the Vale map, passing through Succor Creek State Recreational Area, returning to the Mahogany Mountain map, and, passing east of McIntyre Ridge, crossing Succor Creek, T1N/R46E, proceeding northerly back onto the Vale map; (17) Continue following the 1,040meter contour line in a clockwise rotation on the Vale map, proceeding northerly east of Owyhee Ridge and Long Draw to north of Lake Owyhee, southwesterly and southerly south of Lake Owyhee onto the Mahogany Mountain map, southwesterly south of Lake Owyhee, the Owyhee River, and Owyhee Canyon, crossing Owyhee Canyon at T29S/R41E, proceeding northerly west of Owyhee Canyon, northeasterly west of Owyhee River and Owyhee Reservoir, and northerly onto the Vale map; (18) Continue following the 1,040meter contour line in a clockwise rotation on the Vale map, proceeding generally northerly to T20S/R42E, southwesterly east of Cottonwood Creek, crossing Cottonwood Creek, T22S/R40E, proceeding north to the Malheur River, following the Malheur River westerly to the intersection of the 1,040-meter contour line and the 118 degree west longitude line in Malheur County, Oregon, T21S/R38E, on the western border of the Vale map; (19) Proceed straight north along the 118 degree west longitude line to its intersection with the 1,040-meter contour line, north of the Malheur River, T20S/R38E, proceeding easterly north of the Malheur River to Hog Creek, crossing Hog Creek, T20S/R40E, and proceeding northerly on the Vale map; (20) Continue following the 1,040meter contour line in a clockwise rotation, crossing onto the Brogan map, proceeding easterly, northerly, and westerly to and around Malheur Reservoir, T14S/R41E, proceeding easterly to Cottonwood Gulch then northerly to Dixie Creek, crossing Dixie Creek, T12S/RR41E, proceeding easterly and northerly onto the Baker map; (21) Continue following the 1,040meter contour line in a clockwise rotation on the Baker map, proceeding westerly south of the Burnt River, crossing the Burnt River, T10S/R41E, proceeding easterly north of the Burnt River to Gravel Pits, then northerly, returning to the beginning point. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 10603 Dated: January 18, 2007. John J. Manfreda, Administrator. Approved: February 5, 2007. Timothy E. Skud, Deputy Assistant Secretary (Tax, Trade, and Tariff Policy). [FR Doc. E7–4230 Filed 3–8–07; 8:45 am] BILLING CODE 4810–31–P DEPARTMENT OF DEFENSE Department of the Navy 32 CFR Part 706 Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972 Department of the Navy, DoD. Final rule. AGENCY: ACTION: SUMMARY: The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS MESA VERDE (LPD 19) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply. DATES: Effective Date: February 6, 2007. FOR FURTHER INFORMATION CONTACT: Commander Gregg A. Cervi, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), Office of the Judge Advocate General, Department of the Navy, 1322 Patterson Ave., SE., Suite 3000, Washington Navy Yard, DC 20374–5066, telephone 202– 685–5040. SUPPLEMENTARY INFORMATION: Pursuant to the authority granted in 33 U.S.C. 1605, the Department of the Navy amends 32 CFR Part 706. This amendment provides notice that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law), under authority delegated by the Secretary of the Navy, has certified that USS MESA VERDE (LPD 19) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with the following specific provisions of 72 COLREGS without interfering with its special function as a naval ship: Rule 27, pertaining to the placement of all-round task lights in a vertical line; Annex I, paragraph 3(a), E:\FR\FM\09MRR1.SGM 09MRR1

Agencies

[Federal Register Volume 72, Number 46 (Friday, March 9, 2007)]
[Rules and Regulations]
[Pages 10598-10603]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4230]


=======================================================================
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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[T.D. TTB-59; Re: Notice No. 60]
RIN 1513-AB22


Establishment of the Snake River Valley Viticultural Area (2005R-
463P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Final rule; Treasury decision.

-----------------------------------------------------------------------

SUMMARY: This Treasury decision establishes the 8,263-square mile 
``Snake River Valley'' viticultural area in southwestern Idaho and 
southeastern Oregon. 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.

EFFECTIVE DATE: April 9, 2007.

FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Regulations and Rulings 
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St., 
No. 158, Petaluma, CA 94952; phone 415-271-1254.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels, and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the 
regulations promulgated under the FAA Act.
    Part 4 of the TTB regulations (27 CFR part 4) allows the 
establishment of definitive viticultural areas and the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) 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 geographical 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, elevation, physical features, and soils, 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.

Snake River Valley Viticultural Area

Background

    The wine grape growers of the Snake River Valley in Idaho, the 
Idaho Grape Growers and Wine Producers Commission, and the Idaho 
Department of Commerce and Labor, collectively referred to as the 
``petitioner,'' submitted a petition to establish the 8,263-square mile 
Snake River Valley viticultural area. The proposed viticultural area 
includes Ada, Adams, Boise, Canyon, Elmore, Gem, Gooding, Jerome, 
Owyhee, Payette, Twin Falls, and Washington Counties in southwestern 
Idaho and Baker and Malheur Counties in southeastern Oregon. The 
proposed boundary encompasses 15 wineries, 46 vineyards, and 1,107 
acres of commercial vineyard production. We summarize below the 
supporting evidence presented with the petition.

Name Evidence

    The petitioner provided multiple sources of ``Snake River Valley'' 
name evidence for the proposed viticultural area. References include 
winemaking and vineyards, agriculture, early regional exploration, and 
other name uses.
    The Fall 2001 edition of Wine Press Northwest ran an article titled 
``Idaho Wineries at a Glance,'' which states, ``At first glance, the 
Snake River Valley seems an idyllic place to grow grapes

[[Page 10599]]

* * *'' and continues to explain that most of the grapes are grown in 
the Snake River Valley area west of Boise, Idaho. The February 17, 
2005, edition of Wine Press Northwest ran an article describing the 
Snake River Valley as a beautiful area in southwestern Idaho. The 
article noted that most of the Idaho wineries and vineyards are at 
elevations between 1,500 and 2,500 feet in the western portion of the 
Snake River Valley.
    The official Web site of the State of Idaho has a link to the 
history of Idaho, noting that in 1811 the Pacific Fur Company 
expedition explored the Snake River Valley and discovered the Boise 
Valley, which is within the boundary of the proposed viticultural area. 
An undated Sunset Magazine article, ``The Snake River Valley of Idaho-
Eastern Oregon,'' discusses the significant agricultural production in 
the Snake River Valley of Idaho and eastern Oregon.
    The USGS maps used to identify the proposed Snake River Valley 
viticultural area prominently show the Snake River at the low 
elevations of the proposed viticultural area. The American Automobile 
Association Western States/Provinces map, dated February 2003 through 
May 2005, shows the Snake River flowing from its headwaters in Wyoming, 
through Idaho and Oregon, and into Washington to where it joins the 
Columbia River near Pasco and Kennewick.

Boundary Evidence

    The proposed Snake River Valley viticultural area covers portions 
of southwestern Idaho and southeastern Oregon. The basis for the 
proposed boundaries, the petitioner explains, is the extent of ancient 
Lake Idaho, a deep lake that filled the western part of the Snake River 
Valley approximately 4 million years ago. The proposed boundary line, 
with a maximum elevation of 1,040 meters, or 3,412 feet, surrounds the 
now dry, ancient Lake Idaho at the highest elevation conducive to 
viticulture, according to the petitioner.
    The Snake River Plain, a crescent-shaped belt of lava and sediment 
ranging from 40 to 62 miles wide, extends about 372 miles in length 
across southern Idaho, according to the petitioner. The geology of the 
western portion of the Snake River Plain, the petitioner continues, has 
lower elevations and a rift-bounded basin, which contrast to the higher 
elevations of the eastern section of the Snake River Plain. Also, 
according to the petitioner, the colder and drier climate of the 
eastern area is not conducive to successful viticulture, unlike the 
warmer weather and lower elevations of ancient Lake Idaho.
    An April 21, 1997, article, ``Hydrogeologic Framework of the Boise 
Valley of Southwest Idaho,'' by Spencer H. Wood, Department of 
Geosciences, Boise State University, describes the Snake River Plain as 
a great geologic bathtub with layers of mud sediment and interconnected 
layers of sand. According to the article, the depth of the basin plain 
averages 3,500 feet but extends to 6,000 feet. Also, in prehistoric 
times ancient Lake Idaho was 800 feet deep in places and covered 5,000 
square miles. Today, this region is a flat, semiarid plain that is 
irrigated for agriculture with water from the Boise River and with 
ground water, according to the article.

Distinguishing Features

    The proposed Snake River Valley viticultural area includes a series 
of distinguishing features. According to the petitioner its topography 
includes elevations lower than the surrounding areas and a fault-
bounded, rift basin geography. Also, the area is primarily underlain by 
sedimentary rock. The comparatively warm climate of the proposed Snake 
River Valley viticultural area creates better grape-growing conditions 
than those in the surrounding higher elevations and the Snake River 
Valley in eastern Idaho.
Geology
    The petitioner states that the geologic history of the proposed 
Snake River Valley viticultural area includes flood basalts, northwest-
trending structures, loess mantles, and outburst floods. The ancient 
Lake Idaho extends 149 miles northwest to southeast as a system of 
lakes and flood plains, from the Oregon-Idaho State line to west of 
Twin Falls, Idaho.
    North of the proposed Snake River Valley viticultural area boundary 
line, the petitioner explains, are Cretaceous granites of the Idaho 
Batholith, Eocene volcanoes, older sedimentary rocks, and volcanic 
flows. To the south of the proposed boundary line, volcanic rocks 
overlie the southern extension of the granite basement.
Regional Summary
    The petitioner includes a map of the Snake River Plain Aquifer 
System and information modified from the ``Ground Water Atlas of the 
United States: Idaho, Oregon, Washington, U.S. Geological Survey 
Hydrologic Atlas HA 730-H, 1994.'' The map shows that the Western 
Plain, which is within the proposed Snake River Valley viticultural 
area, is underlain by aquifers in basaltic rock but mainly in 
unconsolidated (sedimentary) deposits. In contrast, the Eastern Plain, 
to the east of the proposed Snake River Valley viticultural area, is 
underlain predominantly by aquifers in Pliocene and younger basaltic 
rocks.
    The petitioner includes a second map that documents the 
distribution of rock types in the Pacific Northwest States, based on 
information taken from the same USGS Hydrologic Atlas noted above. The 
proposed Snake River Valley viticultural area, according to the map, is 
underlain primarily by sedimentary rocks, distinguishing the area from 
basaltic and other igneous rocks in the surrounding regions.
Geography
    Physical Features: The petitioner describes the ancient Lake Idaho 
as the physical focus and an important distinguishing feature of the 
proposed Snake River Valley viticultural area. Historically, the 
ancient Lake Idaho was a trough-like structure of lakes. The proposed 
Snake River Valley viticultural area boundary encircles the now dry, 
ancient Lake Idaho, a low elevation, fault-bounded, rift basin with a 
relatively flat, sedimentary bottom. The surrounding areas, beyond the 
proposed boundary, have a mountainous topography with generally higher 
elevations.
    Elevation: Low elevation, between 660 and 1,040 meters, or 2,165 
and 3,412 feet, when compared to the surrounding mountains and the 
eastern portion of the Snake River Valley, is a significant 
distinguishing feature of the proposed Snake River Valley viticultural 
area, as shown on the USGS maps and described by the petitioner. Oxbow 
Dam, along the Snake River in Adams County, Idaho, lies at an elevation 
of 660 meters, or 2,165 feet, but the encircling proposed viticultural 
area boundary line generally adheres to an elevation of 1,040 meters, 
or 3,412 feet, according to the boundary outlined in the petition. The 
proposed boundary line deviates from its prescribed 1,040-meter 
elevation twice at the northernmost boundary on the McCall map and 
again along the western boundary of the Vale map. The petitioner 
explains that the 1,040-meter contour line, past the boundaries of the 
McCall and Vale maps, continues into regions not associated with the 
Snake River Valley or with viticulture. The region's viticulture, 
according to the petitioner, is successful between elevations of 664 
and 950 meters, or 2,180 and 3,117 feet.

[[Page 10600]]

    Mountains surrounding the western Snake River Valley region exceed 
7,000 feet in elevation, especially to the east of the proposed 
viticultural area boundary line in the Boise National Forest, as shown 
on the Idaho City, Idaho, USGS map. The City of Twin Falls, Idaho, 
about 2\1/2\ miles southeast of the proposed Snake River Valley 
viticultural area's eastern boundary line, as shown on the USGS Twin 
Falls, Idaho, map, lies at an elevation of 3,729 feet, or about 320 
feet higher than the elevation of the proposed viticultural area 
boundary line.
    The petitioner provides three topographic profiles of the proposed 
Snake River Valley viticultural area drawn from various points of the 
compass. The three profiles include (1) California Mountain, Oregon, to 
Bruneau, Idaho, (2) Oreana, Idaho, to Danskin Peak, Idaho, and (3) 
Marsing, Idaho, to Emmett, Idaho. The profiles show the lower 
elevations of the ancient Lake Idaho basin in comparison to the 
surrounding higher mountain elevations beyond the proposed viticultural 
area boundary line. Payette, Idaho, is at an elevation of about 2,300 
feet in the basin, but California Mountain, Oregon, reaches a height of 
approximately 5,150 feet, significantly higher than the proposed 
viticultural area boundary line.
Soils
    The petitioner describes the soils of the proposed Snake River 
Valley viticultural area as being diverse and not a distinguishing 
feature, because the soils have developed in various parent materials, 
during various time frames, and under varying climatic conditions. The 
soils are broadly classified as Aridisols, the petitioner adds, and no 
single soil series or association is dominant.
    Vineyards within the proposed Snake River Valley viticultural area 
are on soils that have underlying parent material derived from 
weathered sediment from the ancient Lake Idaho, according to the 
petitioner. At the surface are loess, sand, and, in slack water areas, 
flood-deposited silt. Typically, vineyards in the proposed area are on 
very shallow soils on slopes.
Climate
    The distinguishing climatic features of the proposed Snake River 
Valley viticultural area, the petitioner states, include precipitation, 
air temperature, heat-unit accumulation, and growing season length. The 
factors affecting climate, the petitioner continues, include the 
region's topography, a basin depression with surrounding mountainous 
terrain; the continental inland location approximately 310 miles east 
of the Cascade Range; and the 43 degree north latitude line. The 
petitioner adds that the proposed Snake River Valley viticultural area 
is in a climatic transition zone with both continental and maritime 
regimes. The combination of elevation and latitude of the proposed 
Snake River Valley viticultural area, the petitioner continues, creates 
a shorter grape-growing season than those in many other viticultural 
regions in the Western United States.
    Climatic data from four weather stations in the West Snake River 
Valley (WSRV) and for other grape-growing districts in the Western 
United States are noted in the climatic data table below.
    The petitioner used online data from 1971 to 2000 compiled and 
archived by the National Climatic Data Center (NCDC), National Oceanic 
and Atmospheric Administration, for four areas within the proposed 
Snake River Valley viticultural area and for three viticultural regions 
outside of Idaho. The petitioner averaged the collected data for the 
four Idaho weather stations listed in the climatic data table below. 
The data are listed separately in the table for each station outside of 
Idaho, including Umpqua Valley, Oregon; Walla Walla Valley, Washington; 
and Napa Valley, California, all of which are in established American 
viticultural areas.

    Elevation, Location, and Climatic Data for Four Weather Stations Within Idaho and for Three Weather Stations in Western States, Outside of Idaho
    [In the column headings, Elev. (m) means elevation in meters; MAT, mean annual temperature in degrees Celsius; MAP, mean annual precipitation in
 millimeters; GDD, growing (Celsius) degree-days; GSL, growing season length in days; XMT, 30-year extreme minimum temperature in degrees Celsius (with
   event year); and CNT, degrees of continental influence (mean annual temperature range that increases as the coastal marine influence decreases, in
                                                                   degrees Celsius).]
--------------------------------------------------------------------------------------------------------------------------------------------------------
   Weather stations in the proposed Snake      Elev.                                       MAT                                         XMT        CNT
       River Valley viticultural area           (m)         Location  (lat./long.)       ([deg]C)  MAP  (mm)     GDD        GSL      ([deg]C)   ([deg]C)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Parma Experiment Station, ID...............        677  43[deg]48' N./116[deg]57' W...        9.9        283      1,342        140        -32         25
                                                                                                                                       (1990)
Weiser, ID.................................        722  44[deg]15' N./116[deg]58' W...       11.0        307      1,637        136        -34         27
                                                                                                                                       (1990)
Deer Flat Dam, ID..........................        765  43[deg]35' N./116[deg]45' W...       11.6        258      1,626        165        -30         24
                                                                                                                                       (1989)
Glenns Ferry, ID...........................        753  42[deg]56' N./115[deg]19' W...       10.5        248      1,413        125        -32         24
                                                                                                                                       (1989)
Averages of above four Idaho stations in           729  N/A...........................       10.8        274      1,504        142        N/A         25
 WSRV.
Other Western Viticultural Areas (Reporting
 Station).
Umpqua Valley (Roseburg, OR)...............        128  43[deg]2' N./123[deg]36' W....       13.0        855      1,484        218          3         15
                                                                                                                                       (1989)
Walla Walla Valley (Walla Walla, WA).......        357  46[deg]5' N./118[deg]28' N....       12.3        530      1,715        206        -11         23
                                                                                                                                       (1985)
Napa Valley (Napa, CA).....................         18  38[deg]28' N./122[deg]27' W...       15.0        672      1,753        259         14         11
                                                                                                                                       (1990)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Precipitation: The proposed Snake River Valley viticultural area is 
a semiarid desert with minimal summer precipitation, the petitioner 
explains. The proposed viticultural area has a mean annual 
precipitation of 10 to 12

[[Page 10601]]

inches, occurring mostly in winter. The low precipitation rate combines 
with warm weather during the growing season, and the vineyards 
therefore need irrigation.
    According to the petitioner, the Idaho weather stations within the 
proposed Snake River Valley viticultural area record about half the 
annual precipitation of the weather stations at Umpqua Valley, Oregon; 
Walla Walla Valley, Washington; and Napa Valley, California. The 
petitioner explains that the lower annual precipitation of the proposed 
Snake River Valley viticultural area may be partially due to the rain 
shadows of the Cascade, Sierra Nevada, and Owyhee Ranges.
    Temperature: The proposed Snake River Valley viticultural area's 
mean annual temperature, based on an average of the four Idaho stations 
monitored, is 51 degrees F, or 10.8 degrees C. The midwinter mean 
temperatures are below 0 degrees C for several months, and potential 
vineyard damage is a hazard, the petitioner explains. The California, 
Oregon, and Washington weather stations listed in the climatic data 
table above record warmer average winter temperatures. The differences 
in the extreme winter temperatures and the mean annual temperature 
ranges between the proposed Snake River Valley viticultural area and 
the three weather stations monitored in California, Oregon, and 
Washington show significant variations in viticultural growing 
conditions.
    The petitioner explains that the difference in winter temperatures 
between the colder proposed Snake River Valley viticultural area and 
the stations at Umpqua Valley, Oregon; Walla Walla Valley, Washington; 
and Napa Valley, California, results, to a great extent, from the 
higher elevations in the proposed viticultural area, which are between 
660 and 1,040 meters, or 2,165 and 3,412 feet. Elevations of the other 
stations are Umpqua Valley, about 460 feet; Walla Walla Valley, 1,200 
feet; and Napa Valley, 40 feet.
    Also, distances from the Pacific Ocean affect the amount of 
moderating, marine air temperatures the seven weather stations receive. 
Oceans tend to moderate air temperatures over land; hence, a wider 
annual temperature range indicates a greater degree of continental 
influence, or distance from an ocean. The proposed Snake River Valley 
viticultural area and the Walla Walla Valley both have, as a measure of 
continental influence, mean annual temperature ranges of about 25 
degrees C. In comparison, the Umpqua Valley and the Napa Valley, both 
of which are closer to the Pacific Ocean and are at low elevations, 
have a smaller mean annual temperature range--about 15 degrees C.
    The temperatures of the proposed Snake River Valley viticultural 
area, according to the petitioner, rise rapidly during the growing 
season, from June through August. The Umpqua Valley in Oregon and the 
proposed Snake River Valley viticultural area have similar, annual, 
total growing degree-days, as shown in the climatic data table above; 
but, they have between 200 and 250 fewer heat units than the Walla 
Walla Valley, Washington, and the Napa Valley, California. Each degree 
that a day's mean temperature is above 50 degrees F, which is the 
minimum temperature required for grapevine growth, is counted as 1 
degree-day (see ``General Viticulture,'' Albert J. Winkler, University 
of California Press, 1975).
    The length of the proposed Snake River Valley viticultural area's 
growing season correlates to the frost-free period from about May 10 to 
September 29 annually, according to the petitioner. The total 
measurement of annual viticultural growth is between 64 and 117 days 
less than that measured at Walla Walla Valley, Washington; Umpqua 
Valley, Oregon; and Napa Valley, California.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 60 regarding the proposed Snake River 
Valley viticultural area in the Federal Register on July 17, 2006 (71 
FR 40458). In that notice, TTB invited comments by September 15, 2006, 
from all interested persons. We expressed particular interest in 
receiving comments on whether the proposed area name would result in a 
conflict with currently used brand names. We also solicited comments on 
the appropriateness of the proposed eastern boundary line and asked 
whether the boundary should be extended into southeastern Idaho. 
Finally, we specifically solicited comments on the appropriateness of 
the name ``Snake River Valley'' and asked whether ``West Snake River 
Valley'' or another alternative name would be more appropriate for this 
area. We received three comments in response to that notice. All three 
comments supported the establishment of the Snake River Valley 
viticultural area as proposed.

TTB Finding

    After careful review of the 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 ``Snake River Valley'' viticultural area in southwestern 
Idaho and southeastern Oregon, effective 30 days from the publication 
date of this document.

Boundary Description

    See the narrative boundary description of the viticultural area in 
the regulatory text published at the end of this document.

Maps

    The maps for determining the boundary of the viticultural area are 
listed below in the regulatory text.

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. With the establishment of this viticultural area and 
its inclusion in part 9 of the TTB regulations, its name, ``Snake River 
Valley,'' is recognized under 27 CFR 4.39(i)(3) as a name of 
viticultural significance. The text of the new regulation clarifies 
this point. Consequently, wine bottlers using ``Snake River Valley'' 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. No single 
part of the ``Snake River Valley'' viticultural area name standing 
alone, such as ``snake'' or ``Snake River'', has viticultural 
significance. The word ``snake'' alone is not routinely identified with 
the ``Snake River Valley.'' The name ``Snake River'' applies to 13 
streams in 9 States, spanning from Florida to Alaska, according to the 
USGS Geographic Names Information System.
    For a wine to be labeled with a viticultural area name or with a 
brand name that includes a viticultural area name or other term 
specified as having viticultural significance in part 9 of the TTB 
regulations, at least 85 percent of the wine must be derived from 
grapes grown within the area represented by that name or other term, 
and the wine must meet the other conditions listed in 27 CFR 
4.25(e)(3). If the wine is not eligible to use the viticultural area 
name or other term of viticultural significance as an appellation of 
origin and that name or other term appears in the brand name, then the 
label is not in compliance and the bottler must change the brand name 
and obtain approval of a new label. Similarly, if the viticultural area 
name or other term of viticultural

[[Page 10602]]

significance appears in another reference on the label in a misleading 
manner, the bottler would have to obtain approval of a new label.
    Different rules apply if a wine has a brand name containing a 
viticultural area name or other term of viticultural significance that 
was used as a brand name on a label approved before July 7, 1986. See 
27 CFR 4.39(i)(2) for details.

Regulatory Flexibility Act

    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 Rulings Division drafted this 
notice.

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

0
For the reasons discussed in the preamble, we amend title 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.


0
2. Amend subpart C by adding Sec.  9.208 to read as follows:

Subpart C--Approved American Viticultural Areas


Sec.  9.208  Snake River Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Snake River Valley''. For purposes of part 4 of this 
chapter, ``Snake River Valley'' is a term of viticultural significance.
    (b) Approved maps. The appropriate maps for determining the 
boundary of the Snake River Valley viticultural area are 14 United 
States Geological Survey 1:100,000 scale, metric topographic maps. They 
are titled,
    (1) Baker, Oregon-Idaho, 1981;
    (2) Brogan, Oregon-Idaho, 1980;
    (3) McCall, Idaho-Oregon, 1980, Photoinspected 1990;
    (4) Weiser, Idaho-Oregon, 1980, Photoinspected 1990;
    (5) Boise, Idaho-Oregon, 1981;
    (6) Idaho City, Idaho, 1982;
    (7) Murphy, Idaho, 1986;
    (8) Mountain Home, Idaho, 1990;
    (9) Fairfield, Idaho, 1978;
    (10) Twin Falls, Idaho, 1979;
    (11) Glenns Ferry, Idaho, 1992;
    (12) Triangle, Idaho, 1990;
    (13) Mahogany Mountain, Idaho, 1978; and
    (14) Vale, Oregon-Idaho, 1993.
    (c) Boundary. The Snake River Valley viticultural area is located 
in Ada, Adams, Boise, Canyon, Elmore, Gem, Gooding, Jerome, Owyhee, 
Payette, Twin Falls, and Washington Counties in southwestern Idaho and 
in Baker and Malheur Counties in southeastern Oregon. The boundary of 
the Snake River Valley viticultural area is as described below:
    (1) The beginning point is on the Baker map in Oregon at the 
intersection of the 1,040-meter contour line and Interstate 84, between 
Pleasant Valley and Oxman in Baker County, T10S/R42E;
    (2) From the beginning point proceed east following the 1,040-meter 
contour line along the eastern side of the Burnt River Valley, then 
crossing over to the Brogan map, proceed northerly along the western 
side of the Snake River Valley and, crossing back over to the Baker 
map, proceed westerly along the southern side of the Powder River 
Valley to the 1,040-meter contour line's intersection with the northern 
boundary of Baker County, T7S/R40E, on the Baker map;
    (3) Proceed 7.5 miles straight east along the northern boundary of 
Baker County to its intersection with the 1,040-meter line east of 
Oregon State Road 203 and three unnamed creeks, T7S/R41E, on the Baker 
map;
    (4) Proceed generally southeast along the 1,040-meter contour line 
onto the McCall map, to its intersection with the 45 degree north 
latitude line, to the immediate west of North Creek in the Hell's 
Canyon National Recreation Area, T6S/R47E, on the northern border of 
the McCall map;
    (5) Proceed straight east along the 45 degree north latitude line 
to its intersection with the 1,040-meter contour line, to the immediate 
east of North Creek, T6S/R47E, on the McCall map;
    (6) Follow the 1,040-meter contour line, which encircles the 
northern portion of McLain Gulch, to its third intersection with the 45 
degree north latitude line, west of the Snake River in Baker County, 
Oregon, T6S/R48E, on the McCall map;
    (7) Proceed straight east along the 45 degree north latitude line 
to its intersection with the 1,040-meter contour line, to east of the 
Snake River and Indian Creek in Adams County, Idaho, T6S/R48W, on the 
McCall map;
    (8) Continue following the 1,040-meter contour line in a generally 
clockwise rotation on the McCall map, proceeding southerly on the 
southeast side of the Snake River, northeasterly north of the Crooked 
River, crossing the Crooked River, T7S/R3W, proceeding southwesterly 
south of the Crooked River, crossing Brownlee Creek, T16N/R4W, 
proceeding generally southwesterly onto the Baker map, continuing 
southwesterly, crossing Sturgill Creek, T15N/R6W, and Dennett Creek, 
T14N/R6W, proceeding onto the Brogan map, proceeding southeasterly, 
crossing Rock Creek, T13N/R6W, proceeding onto the Weiser map, 
proceeding northeasterly, north of the Mann Creek State Recreation 
Area, crossing Mann Creek, T13N/R5W, continuing northeasterly onto the 
McCall map;
    (9) Continue following the 1,040-meter contour line in a clockwise 
rotation on the McCall map, proceeding northeasterly, crossing Pine 
Creek, T15N/R4W, and Hornet Creek, T8S/R2W, passing west of the Payette 
National Forest, proceeding southerly, passing east of Mesa, onto the 
Weiser map, proceeding southerly, crossing Crane Creek, T12N/R1W, 
turning westerly, rounding north of the Paddock Valley Reservoir, 
crossing Willow Creek, T9N/R1W, turning southerly onto the Boise map, 
looping southerly and northerly north of the Black Canyon Reservoir and 
moving back onto the Weiser map;
    (10) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Weiser map, proceeding northerly, crossing Squaw Creek, 
T12N/R1E, and then southerly, crossing Cottonweed Creek, T11N/R1E, and 
then southerly again onto the Boise map, rounding south of South 
Mountain, back onto the Weiser map, proceeding northeasterly north of 
the Payette River, crossing the North Fork Payette River, T10N/R3E, 
then proceeding southwesterly south of the Payette River, onto the 
Boise map, proceeding generally southerly, crossing Cartwright Creek, 
T6N/R2E, and proceeding westerly and southeasterly towards Lucky Peak 
Lake, and then turning northward onto the Idaho City map;
    (11) Continue following the 1,040-meter contour line in a clockwise

[[Page 10603]]

rotation on the Idaho City map, proceeding northerly, crossing Grimes 
and Mores Creek, T5N/R4E, and then proceeding southerly to Lucky Peak 
Lake, turning northeasterly north of the Lucky Peak Lake, Arrowrock 
Reservoir, and Middle Fork Boise River to T4N/R7E, crossing the Middle 
Fork Boise River and proceeding southwesterly south of the Middle Fork 
Boise River, to the South Fork Boise River, crossing the South Fork 
Boise River, T2N/R6E, proceeding onto the Boise map proceeding 
southwesterly south of Lucky Peak Lake onto the Murphy map;
    (12) Continue following the 1,040-meter contour line in a clockwise 
rotation southeasterly on the Murphy map to the Mountain Home map, 
proceeding southeasterly, crossing Canyon Creek, passing north of 
Mountain Home Reservoir, crossing King Hill Creek, onto the Fairfield 
map, proceeding easterly, crossing Clover Creek, T4S/R13E, proceeding 
southerly onto the Twin Falls map;
    (13) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Twin Falls map, proceeding southeasterly to the Snake 
River, T9S/R14E, following north of the Snake River and crossing at 
T10S/R18E, northeast of Twin Falls, proceeding westerly south of the 
Snake River to the Salmon River, following east of the Salmon River and 
crossing at T10S/R13E, proceeding northerly west of the Salmon River 
and the Hagerman Wildlife Management Area, proceeding west onto the 
Glenns Ferry map;
    (14) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Glenns Ferry map, proceeding generally west to Rosevear 
Gulch, turning south between Rosevear Gulch and Pilgrim Gulch, near 
Deadman Creek, heading northwesterly, continuing through the Bruneau 
Desert, crossing Hole Creek in Pot Canyon and proceeding to Bruneau 
Canyon, proceeding southeasterly east of Bruneau Canyon, crossing 
Bruneau Canyon, T10S/R7E, proceeding west of Bruneau Canyon then west 
onto the Triangle map;
    (15) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Triangle map, heading northwesterly, crossing Shoofly 
Creek and Alder Creek, T6S/R1W, onto the Murphy map, continuing 
northwesterly to Sinker Creek, crossing Sinker Creek, T4S/R2W, 
continuing northwesterly to Jump Creek, crossing Jump Creek, T1N/R5W, 
proceeding northwesterly onto the Boise map, crossing its southwestern 
corner, T2N/R5W, onto the Mahogany Mountain map;
    (16) Continue following the 1,040-meter contour line in a clockwise 
rotation onto the Mahogany Mountain map, proceeding westerly onto the 
Vale map, generally northwesterly then southwesterly onto the Mahogany 
Mountain map, proceeding southwest, west, and generally north onto the 
Vale map, passing through Succor Creek State Recreational Area, 
returning to the Mahogany Mountain map, and, passing east of McIntyre 
Ridge, crossing Succor Creek, T1N/R46E, proceeding northerly back onto 
the Vale map;
    (17) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Vale map, proceeding northerly east of Owyhee Ridge and 
Long Draw to north of Lake Owyhee, southwesterly and southerly south of 
Lake Owyhee onto the Mahogany Mountain map, southwesterly south of Lake 
Owyhee, the Owyhee River, and Owyhee Canyon, crossing Owyhee Canyon at 
T29S/R41E, proceeding northerly west of Owyhee Canyon, northeasterly 
west of Owyhee River and Owyhee Reservoir, and northerly onto the Vale 
map;
    (18) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Vale map, proceeding generally northerly to T20S/R42E, 
southwesterly east of Cottonwood Creek, crossing Cottonwood Creek, 
T22S/R40E, proceeding north to the Malheur River, following the Malheur 
River westerly to the intersection of the 1,040-meter contour line and 
the 118 degree west longitude line in Malheur County, Oregon, T21S/
R38E, on the western border of the Vale map;
    (19) Proceed straight north along the 118 degree west longitude 
line to its intersection with the 1,040-meter contour line, north of 
the Malheur River, T20S/R38E, proceeding easterly north of the Malheur 
River to Hog Creek, crossing Hog Creek, T20S/R40E, and proceeding 
northerly on the Vale map;
    (20) Continue following the 1,040-meter contour line in a clockwise 
rotation, crossing onto the Brogan map, proceeding easterly, northerly, 
and westerly to and around Malheur Reservoir, T14S/R41E, proceeding 
easterly to Cottonwood Gulch then northerly to Dixie Creek, crossing 
Dixie Creek, T12S/RR41E, proceeding easterly and northerly onto the 
Baker map;
    (21) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Baker map, proceeding westerly south of the Burnt 
River, crossing the Burnt River, T10S/R41E, proceeding easterly north 
of the Burnt River to Gravel Pits, then northerly, returning to the 
beginning point.

    Dated: January 18, 2007.
John J. Manfreda,
Administrator.
    Approved: February 5, 2007.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. E7-4230 Filed 3-8-07; 8:45 am]
BILLING CODE 4810-31-P
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