Proposed Establishment of The Rocks District of Milton-Freewater Viticultural Area, 10742-10747 [2014-04137]

Download as PDF 10742 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Proposed Rules of the law and the commitment letter can be found on the FDA Web site at http://www.fda.gov/gdufa. V. Notice of Hearing Under 21 CFR Part 15 The Commissioner of Food and Drugs is announcing that the public hearing will be held in accordance with part 15 (21 CFR Part 15). The hearing will be conducted by a presiding officer, who will be accompanied by FDA senior management from the Office of the Commissioner and the Center for Drug Evaluation and Research. Under § 15.30(f), the hearing is informal and the rules of evidence do not apply. No participant may interrupt the presentation of another participant. Only the presiding officer and panel members may pose questions; they may question any person during or at the conclusion of each presentation. Public hearings under part 15 are subject to FDA’s policy and procedures for electronic media coverage of FDA’s public administrative proceedings (part 10, subpart C) (21 CFR Part 10, subpart C)). Under § 10.205, representatives of the media may be permitted, subject to certain limitations, to videotape, film, or otherwise record FDA’s public administrative proceedings, including presentations by participants. The hearing will be transcribed as stipulated in § 15.30(b) (see Transcripts). To the extent that the conditions for the hearing, as described in this notice, conflict with any provisions set out in part 15, this notice acts as a waiver of those provisions as specified in § 15.30(h). Dated: February 19, 2014. Leslie Kux, Assistant Commissioner for Policy. [FR Doc. 2014–03986 Filed 2–25–14; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 mstockstill on DSK4VPTVN1PROD with PROPOSALS [Docket No. TTB–2014–0003; Notice No. 142] RIN 1513–AC05 Proposed Establishment of The Rocks District of Milton–Freewater Viticultural Area Alcohol and Tobacco Tax and Trade Bureau, Treasury. ACTION: Notice of proposed rulemaking. AGENCY: VerDate Mar<15>2010 16:33 Feb 25, 2014 Jkt 232001 The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the approximately 3,770-acre ‘‘The Rocks District of Milton– Freewater’’ viticultural area in Umatilla County, Oregon. The proposed viticultural area lies entirely within the Walla Walla Valley viticultural area which, in turn, lies within the Columbia Valley viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on this proposed addition to its regulations. DATES: Comments must be received by April 28, 2014. ADDRESSES: Please send your comments on this notice to one of the following addresses: • Internet: http://www.regulations.gov (via the online comment form for this notice as posted within Docket No. TTB–2014–0003 at ‘‘Regulations.gov,’’ the Federal e-rulemaking portal); • U.S. Mail: Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; or • Hand delivery/courier in lieu of mail: Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Suite 200–E, Washington, DC 20005. See the Public Participation section of this notice for specific instructions and requirements for submitting comments, and for information on how to request a public hearing. You may view copies of this notice, selected supporting materials, and any comments that TTB receives about this proposal at http://www.regulations.gov within Docket No. TTB–2014–0003. A link to that docket is posted on the TTB Web site at http://www.ttb.gov/wine/ wine-rulemaking.shtml under Notice No. 142. You also may view copies of this notice, all related petitions, maps, or other supporting materials, and any comments that TTB receives about this proposal by appointment at the TTB Information Resource Center, 1310 G Street NW., Washington, DC 20005. Please call 202–453–2270 to make an appointment. FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; phone 202–453–1039, ext. 175. SUPPLEMENTARY INFORMATION: SUMMARY: Background on Viticultural Areas TTB Authority Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 27 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe regulations for the labeling of wine, distilled spirits, and malt beverages. The FAA Act provides that these regulations should, among other things, prohibit consumer deception and the use of misleading statements on labels, and ensure that labels provide the consumer with adequate information as to the identity and quality of the product. The Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act pursuant to section 1111(d) of the Homeland Security Act of 2002, codified at 6 U.S.C. 531(d). The Secretary has delegated various authorities through Treasury Department Order 120–01 (Revised), dated December 10, 2013, to the TTB Administrator to perform the functions and duties in the administration and enforcement of this law. Part 4 of the TTB regulations (27 CFR Part 4) allows the establishment of definitive viticultural areas and the use of their names as appellations of origin on wine labels and in wine advertisements. Part 9 of the TTB regulations (27 CFR Part 9) sets forth standards for the preparation and submission of petitions for the establishment or modification of American viticultural areas (AVAs) and lists the approved AVAs. Definition Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) defines a viticultural area for American wine as a delimited grape-growing region having distinguishing features as described in part 9 of the regulations and a name and a delineated boundary as established in part 9 of the regulations. These designations allow vintners and consumers to attribute a given quality, reputation, or other characteristic of a wine made from grapes grown in an area to its geographic origin. The establishment of AVAs allows vintners to describe more accurately the origin of their wines to consumers and helps consumers to identify wines they may purchase. Establishment of an AVA 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 AVA and provides that any interested party may petition TTB to establish a grape-growing region as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards for petitions for the establishment or modification of AVAs. E:\FR\FM\26FEP1.SGM 26FEP1 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS Petitions to establish an AVA must include the following: • Evidence that the area within the proposed AVA boundary is nationally or locally known by the AVA name specified in the petition; • An explanation of the basis for defining the boundary of the proposed AVA; • A narrative description of the features of the proposed AVA affecting viticulture, such as climate, geology, soils, physical features, and elevation, that make the proposed AVA distinctive and distinguish it from adjacent areas outside the proposed AVA boundary; • A copy of the appropriate United States Geological Survey (USGS) map(s) showing the location of the proposed AVA, with the boundary of the proposed AVA clearly drawn thereon; and • A detailed narrative description of the proposed AVA boundary based on USGS map markings. The Rocks District of Milton–Freewater Petition TTB received a petition from Dr. Kevin R. Pogue, a professor of geology at Whitman College in Walla Walla, Washington, proposing the establishment of the ‘‘The Rocks District of Milton–Freewater’’ AVA in Umatilla County, Oregon, near the town of Milton–Freewater. The proposed AVA lies entirely within the Walla Walla Valley AVA (27 CFR 9.91), which is located in portions of Walla Walla County, Washington and Umatilla County, Oregon. The Walla Walla Valley AVA is, in turn, entirely within the larger Columbia Valley AVA (27 CFR 9.74), which is located in multiple counties in Washington and Oregon. The proposed AVA contains approximately 3,770 acres and has approximately 250 acres of commercially producing vineyards. The petition names 19 wine producers that have vineyards within the proposed AVA, and it notes that three of the 19 producers also have winery facilities within the proposed AVA. According to the petition, the distinguishing feature of the proposed The Rocks District of Milton–Freewater AVA is its soil. Unless otherwise noted, all information and data pertaining to the proposed AVA contained in this document are from the petition for the proposed The Rocks District of Milton–Freewater AVA and its supporting exhibits. Name Evidence The proposed The Rocks District of Milton–Freewater AVA is located on an alluvial fan of the Walla Walla River and derives its name from the VerDate Mar<15>2010 16:33 Feb 25, 2014 Jkt 232001 cobblestone-rich soil near the town of Milton–Freewater, Oregon. The towns of Milton and Freewater were founded in the late 1800s and merged in 1951 to become Milton–Freewater. A 1906 magazine article included as part of the petition demonstrates that the region of the proposed AVA has long been associated with its unusually rocky soil. The article states, ‘‘I wonder if you ever thought of how Freewater appears to a stranger? . . . ‘Rocks! Rocks!’ I hear you say.’’ 1 The article notes that, in spite of the rocky soil, ‘‘[t]he fruit trees are growing here in abundance,’’ as are ‘‘luscious clusters of grapes . . ..’’ Excerpts from recent articles published on wine industry Web sites and blogs provide evidence that the location of the proposed AVA is commonly referred to as ‘‘The Rocks.’’ Three of the articles are from wine reviewer Sean P. Sullivan’s Washington Wine Report Web site. (See www.wawinereport.com.) The first article, from April 2, 2010, states, ‘‘The Rocks area is located on a historic, cobblestone-strewn riverbed.’’ 2 The second article, posted on September 12, 2012, features a vineyard owner who purchased property within the proposed AVA because of ‘‘the potential in the Rocks.’’ 3 The third article, posted on September 19, 2012, refers to ‘‘the Rocks region, the ancient cobblestone riverbed in the southern section of the valley.’’ 4 Two articles by Kori Voorhees from the Wine Peeps wine blog also provide evidence that the region of the proposed AVA is known as ‘‘The Rocks.’’ (See www.winepeeps.com.) The first article, from November 8, 2010, describes a vineyard within the proposed AVA as being ‘‘located near Milton–Freewater, Oregon, in an area known as The Rocks.’’ 5 The second article, from June 13, 2012, states that another vineyard within the proposed AVA is situated ‘‘in an area called ‘The Rocks’ by the locals.’’ 6 Several excerpts from the writings of Paul Gregutt, a wine writer who focuses on wines from Oregon and Washington, refer to the region of the proposed AVA as ‘‘The Rocks.’’ Three excerpts are from his book Washington Wines and Wineries: The Essential Guide, which 1 George B. Sanderson, ‘‘Outsider’s View of Freewater,’’ Up-To-The-Times, December 1906, page 31. 2 ‘‘Washington’s ‘Dirty Little Secret’—Some of Our Best Wines are From Oregon Grapes.’’ 3 ‘‘Proper Wines–From the Rocky Mountains to the Rocks of Walla Walla Valley.’’ 4 ‘‘Delmas—How One Little Vacation Can Change Your Life.’’ 5 ‘‘Cayuse: Unique Terroir or Flawed Wine?’’ 6 ‘‘Watermill Winery: Great Fruit and Great Wines From the Brown Family.’’ PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 10743 also includes information on the region of the proposed AVA because the existing Walla Walla Valley and Columbia Valley AVAs that encompass it cover portions of both Washington and Oregon. The first excerpt notes that the vineyards of the proposed AVA are ‘‘scattered throughout the old riverbed informally known as the Rocks.’’ The second excerpt states, ‘‘The area known locally as the Rocks, located in Oregon west of Milton–Freewater . . . was first planted to wine grapes in the late 1990’s.’’ The third excerpt describes a vineyard within the proposed AVA that has ‘‘12 acres planted in the Rocks to cabernet franc, malbec, syrah, and tempranillo.’’ Finally, an article from Mr. Gregutt’s wine blog posted on April 11, 2011, describes a newly planted vineyard within the proposed AVA as ‘‘a new addition in The Rocks.’’ 7 (See www.paulgregutt.com.) The United States Geological Survey’s (USGS) Geographical Names Information System (GNIS; http:// geonames.usgs.gov/index.html) lists 25 locations in the United States known as ‘‘The Rocks.’’ Therefore, the petitioner added ‘‘Milton–Freewater’’ to the proposed name in order to distinguish the proposed AVA from the other locations. The town of Milton– Freewater is located partially within the proposed AVA and is clearly identified on the Milton–Freewater USGS quadrangle map used to mark the boundary of the proposed AVA. A GNIS search for ‘‘Milton–Freewater’’ conducted by TTB produced 15 results, all of which are for locations within the town of Milton–Freewater, Oregon, including a post office, a Department of Motor Vehicles office, a library, a municipal court, a sewage treatment plant, and several fire stations. Boundary Evidence As previously noted, the proposed The Rocks District of Milton–Freewater AVA lies entirely within the Oregon portion of the existing Walla Walla Valley AVA, which, in turn, lies entirely within the existing Columbia Valley AVA. The proposed AVA does not overlap with any other existing or proposed AVA. The proposed The Rocks District of Milton–Freewater AVA is located on an alluvial fan of the Walla Walla River where the river exits the foothills of the Blue Mountains and enters the Walla Walla Valley. The proposed boundary follows a series of straight lines between points marked on the relevant USGS maps to encompass the central portion of the alluvial fan, which features the 7 ‘‘New E:\FR\FM\26FEP1.SGM From Figgins Family Wineries.’’ 26FEP1 10744 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS heavily cobbled Freewater series soil that is the defining characteristic of the proposed AVA. The petition notes that the proposed boundary was drawn to include as much of the heavily cobbled soils as possible while minimizing the inclusion of other soils. However, because the proposed boundary is required to be drawn using features found on the USGS maps, some relatively small areas of non-cobbled soil may be incorporated into the proposed AVA and some small areas of cobbled soil may be excluded. Distinguishing Feature The distinguishing feature of the proposed The Rocks District of Milton– Freewater AVA is the cobblestone-rich soil. In the original Soil Survey of Umatilla County, published by the United States Department of Agriculture in 1948, the cobblestone soils were mapped within the Yakima series as Yakima cobbly loam and Yakima gravelly loam. In 1985, these soils were reclassified within the newly created Freewater series as Freewater very cobbly loam and Freewater gravely silt loam. The region of cobblestone-rich soils that is covered by the town of Milton–Freewater was reclassified as Freewater–Urban land complex. According to the petition, 96 percent of the proposed AVA is covered by soils of the Freewater series. Soils of the Freewater series are comprised mainly of basaltic alluvium derived from the erosion of the Blue Mountains, located to the east of the proposed AVA. Over time, the Walla Walla River and its numerous branches have carried gravel, cobbles, and boulders of basalt from the Blue Mountains into the Walla Walla Valley. As these pieces of rock built up in the river and its branches, the streams became shallower and changed their courses, leaving the rocks behind to form a broad alluvial fan. The gravel, cobbles, and boulders in the alluvial fan are loose and uncemented and form very deep layers. In areas that have not been tilled for cultivation, the stones are covered with a very thin layer of fine, windblown alluvium called loess. However, in areas that have been tilled, the stones are very conspicuous. The petition included photographs of several vineyards within the proposed AVA which show the vines planted in fields covered so completely with rocks that they have the appearance of cobblestone streets. The soils in the regions surrounding the proposed The Rocks District of Milton–Freewater AVA are largely of the Walla Walla, Ellisforde, Yakima, Umapine, Hermison, Onyx, and Oliphan VerDate Mar<15>2010 16:33 Feb 25, 2014 Jkt 232001 series. Classified as silt loams, cobbles are uncommon or absent from these soils, which were formed mainly from loess and are largely granite-derived, in contrast with the basalt-derived soils of the Freewater series. In parts of the surrounding regions outside the proposed AVA, the soils are underlain by ‘‘Touchet beds,’’ dense layers of sand and silt deposited by prehistoric floods. Touchet beds do not occur within the proposed AVA. The excessively stony nature of the soils affects grape growing within the proposed The Rocks District of Milton– Freewater AVA. Because the stones that comprise the soils are uncemented and occur in deep layers, the vines are able to send roots between the stones and extend deep into the ground before being stopped by bedrock or cemented gravel. According to the petition, a root would have to penetrate 30 to 50 feet before reaching either bedrock or a denser layer of cemented gravel, which is deeper than grapevine roots typically grow. Deeply rooted vines can reach moisture stored in deep layers of the soil and therefore are more droughttolerant than vines with shallower root systems. The petition states that although the soils in the surrounding region vary in thicknesses, they are generally not as deep as the Freewater series soils. As a result, vines planted outside the proposed AVA are not able to penetrate as deeply before hitting bedrock, Touchet beds, or a layer of cemented gravel. The rockiness of the soils within the proposed AVA allows water to drain freely, which inhibits mildew and rot. According to the petition, Freewater series soils transmit water at rates in excess of 20 inches an hour, which classifies the soils as ‘‘somewhat excessively drained.’’ The soils surrounding the proposed AVA, by contrast, have finer grains that are packed more closely together, allowing them to drain water at the much slower rate of less than 2 inches per hour. The soils of the proposed The Rocks District of Milton–Freewater AVA have a low risk of erosion because they are not comprised of fine, lightweight particles that could easily be removed by wind or rain. Because the soils are so resistant to erosion, vineyard owners can till repeatedly during the growing season. According to the petition, tilling concentrates the larger rocks on the surface, where they form a natural barrier to weed growth. The soils surrounding the proposed AVA, however, cannot be tilled as frequently because the soils are finer and more susceptible to erosion. As a result, vineyard owners outside the proposed PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 AVA often plant ground cover crops between the rows of vines in order to suppress the growth of weeds and prevent erosion. The rocky soil of the proposed AVA also absorbs and stores solar radiation. During the day, the sun heats the soil enough to raise both the surface and subsurface soil temperatures, as well as the temperature of low-hanging grape clusters. The petition included the results of a study comparing the surface and subsurface soil temperatures and the temperature of low-hanging clusters of grapes in a vineyard with the Freewater series soil and a vineyard with grass-covered loess soil. The data shows that the surface soil, subsurface soil, and grape cluster temperatures were all warmer in the vineyard with the Freewater series soil. The greatest temperature difference was at the surface of the soil, where temperatures in the rocky vineyard were approximately 4.5 degrees Celsius warmer than in the vineyard with the grass-covered loess soil. During the day, the warming of the stony Freewater series soil promotes vine growth, fruit maturation, and efficient photosynthesis. At night, the soil slowly releases the stored heat and warms the air enough to reduce the risk of frost in late spring and early fall. Finally, the Freewater series soils of the proposed AVA have higher concentrations of certain elements than the soils of the surrounding regions. The petition includes a chemical analysis of the most common Freewater series soil, Freewater very cobbly loam, and the most common soil of the surrounding region, Walla Walla silt loam. The Freewater very cobbly loam contains significantly higher amounts of calcium, titanium, and iron than the Walla Walla silt loam. The petition also includes a comparison of the amount of iron in the soil that is in a form that can be used by plants. The plant-available iron level found in the vineyard within the proposed AVA was approximately 72 milligrams per kilogram (mg/kg). By contrast, the highest level of plantavailable iron found in the surrounding region was approximately 45 mg/kg. Calcium, titanium, and especially iron are nutrients that are critical for healthy vine growth and fruit development. Comparison of the Proposed the Rocks District of Milton–Freewater AVA to the Existing Walla Walla Valley and Columbia Valley AVAs Walla Walla Valley AVA The Walla Walla Valley AVA was established by T.D. ATF–165, which published in the Federal Register on E:\FR\FM\26FEP1.SGM 26FEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Proposed Rules February 6, 1984 (49 FR 4374). The Walla Walla AVA’s boundary was later modified so that the entire AVA lay within the larger Columbia Valley AVA (see T.D. ATF–441, published in the Federal Register on February 26, 2001, at 66 FR 11542). The Walla Walla Valley AVA covers portions of Walla Walla County in southeast Washington and Umatilla County in northeast Oregon. According to T.D. ATF–165 and T.D. ATF–441, the Walla Walla Valley AVA is a broad valley cut by the Walla Walla River. It is bordered by the mountainous Umatilla National Forest to the southeast, the Touchet River watershed to the north, and the Columbia River to the west. Elevations range from approximately 500 feet to 1,500 feet. The soils within the AVA are primarily derived from loess. The Walla Walla Valley AVA has a growing season of between 190 and 220 days and receives an average of 12.5 inches of rain annually. The proposed The Rocks District of Milton–Freewater AVA is located entirely within the portion of the Walla Walla Valley AVA that is located within Umatilla County, Oregon, and it shares some broad characteristics of the larger established AVA. The proposed The Rocks District of Milton–Freewater AVA has a climate similar to that of the Walla Walla Valley AVA, with a growing season of approximately 197 days and an average rainfall of approximately 14 inches. Additionally, elevations in the proposed AVA are between 850 and 1,000 feet, which is within the range of elevations within the Walla Walla Valley AVA. However, the lowest elevations within the proposed AVA are higher than the lowest elevations of the Walla Walla Valley AVA and are not as susceptible to frost and freeze risks related to nocturnal temperature inversions that frequently affect the lower elevations of the Walla Walla Valley AVA. Furthermore, in contrast to the fine-grained, loess-derived soils of the Walla Walla Valley AVA, the soils within the proposed AVA are basaltderived and contain large amounts of gravel, cobbles, and boulders. As previously discussed, the rocky soils of the proposed AVA contain higher levels of essential nutrients, are less prone to erosion, drain more rapidly, and absorb and radiate more solar energy than loess-derived soils. Columbia Valley AVA The Columbia Valley AVA was established by T.D. ATF–190, which published in the Federal Register on November 13, 1984 (49 FR 44895). The Columbia Valley AVA is a large basin surrounding the Columbia, Snake, and VerDate Mar<15>2010 16:33 Feb 25, 2014 Jkt 232001 Yakima Rivers in Washington and Oregon. T.D. ATF–190 states that the Columbia Valley AVA has a growing season of between 150 and 204 days and annual rainfall of less than 15 inches. The proposed The Rocks District of Milton–Freewater AVA is located entirely within the Oregon portion of the Columbia Valley AVA and has a climate similar to that of the Columbia Valley AVA. However, the distinctive rocky soil of the proposed AVA distinguishes it from the larger Columbia Valley AVA. Although T.D. ATF–190 does not describe the soil of the Columbia Valley AVA, a soil series description included in the petition to establish the proposed The Rocks District of Milton–Freewater AVA notes that the major soil series of the proposed AVA, the Freewater series, ‘‘is of small extent’’ and is essentially limited to Umatilla County, Oregon. TTB Determination TTB concludes that the petition to establish the approximately 3,770-acre The Rocks District of Milton–Freewater AVA merits consideration and public comment, as invited in this notice. Boundary Description See the narrative boundary description of the petitioned-for AVA in the proposed regulatory text published at the end of this notice. Maps The petitioner provided the required maps, and they are listed below in the proposed regulatory text. Impact on Current Wine Labels Part 4 of the TTB regulations prohibits any label reference on a wine that indicates or implies an origin other than the wine’s true place of origin. If TTB establishes this proposed AVA, its name, ‘‘The Rocks District of Milton– Freewater,’’ will be recognized as a name of viticultural significance under 27 CFR 4.39(i)(3). TTB has also determined that the phrase ‘‘The Rocks of Milton–Freewater’’ has viticultural significance in relation to the proposed AVA. The text of the proposed regulation clarifies this point. Consequently, wine bottlers using the name ‘‘The Rocks District of Milton– Freewater’’ or ‘‘The Rocks of Milton– Freewater’’ in a brand name, including a trademark, or in another label reference as to the origin of the wine, would have to ensure that the product is eligible to use the AVA name as an appellation of origin if this proposed rule is adopted as a final rule. TTB does not believe that either ‘‘The Rocks’’ or ‘‘The Rocks District,’’ standing alone, PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 10745 would have viticultural significance if the proposed AVA is established, due to the widespread use of ‘‘The Rocks’’ as a geographical name. GNIS shows the name ‘‘The Rocks’’ used in reference to 25 locations in 17 States within the United States. Accordingly, the proposed part 9 regulatory text set forth in this document specifies only the full name ‘‘The Rocks District of Milton– Freewater’’ and the phrase ‘‘The Rocks of Milton–Freewater’’ as terms of viticultural significance for purposes of part 4 of the TTB regulations. The approval of the proposed The Rocks District of Milton–Freewater AVA would not affect any existing AVA, and any bottlers using ‘‘Walla Walla Valley’’ or ‘‘Columbia Valley’’ as an appellation of origin or in a brand name for wines made from grapes grown within the Walla Walla Valley or Columbia Valley AVAs would not be affected by the establishment of this new AVA. The establishment of the proposed The Rocks District of Milton–Freewater AVA would allow vintners to use ‘‘The Rocks District of Milton–Freewater,’’ ‘‘Walla Walla Valley,’’ and ‘‘Columbia Valley’’ as appellations of origin for wines made from grapes grown within the proposed The Rocks District of Milton–Freewater AVA if the wines meet the eligibility requirements for the appellation. For a wine to be labeled with an AVA name or with a brand name that includes an AVA name, at least 85 percent of the wine must be derived from grapes 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 for labeling with an AVA name 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 AVA 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 an AVA 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. Public Participation Comments Invited TTB invites comments from interested members of the public on whether it should establish the proposed AVA. TTB is also interested in receiving comments on the sufficiency and accuracy of the name, boundary, soils, and other required information submitted in support of the petition. In E:\FR\FM\26FEP1.SGM 26FEP1 10746 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS addition, given the proposed The Rocks District of Milton–Freewater AVA’s location within the existing Walla Walla Valley and Columbia Valley AVAs, TTB is interested in comments on whether the evidence submitted in the petition regarding the distinguishing features of the proposed AVA sufficiently differentiates it from the existing Walla Walla Valley and Columbia Valley AVAs. TTB is also interested in comments on whether the geographic features of the proposed AVA are so distinguishable from the surrounding Walla Walla Valley and Columbia Valley AVAs that the proposed The Rocks District of Milton–Freewater AVA should no longer be part of those AVAs. Please provide specific information in support of your comments. Because of the potential impact of the establishment of the proposed The Rocks District of Milton–Freewater AVA on wine labels that include the term ‘‘The Rocks District of Milton– Freewater’’ or ‘‘The Rocks of Milton– Freewater’’ as discussed above under Impact on Current Wine Labels, TTB is particularly interested in comments regarding whether there will be a conflict between the proposed AVA name and currently used brand names. If a commenter believes that a conflict will arise, the comment should describe the nature of that conflict, including any anticipated negative economic impact that approval of the proposed AVA will have on an existing viticultural enterprise. TTB is also interested in receiving suggestions for ways to avoid conflicts, for example, by adopting a modified or different name for the AVA. Impact on Wines Produced Across State Lines Section 4.25(e)(3)(iv) of the TTB regulations (27 CFR 4.25(e)(3)(iv) requires that wines labeled with an AVA appellation of origin be ‘‘fully finished within the State, or one of the States, within which the labeled viticultural area is located . . .’’ The proposed The Rocks District of Milton– Freewater AVA is located entirely within Oregon, but is only a few miles from Walla Walla, Washington. TTB is aware that there may be winemakers who use custom crush or alternating proprietor facilities located in Walla Walla to make wine primarily from grapes grown within the proposed AVA. TTB understands winemakers may be using these facilities because of a lack of custom crush or alternating proprietor facilities located nearby in Oregon. Because of the TTB regulation, if the proposed The Rocks District of Milton–Freewater AVA is established, winemakers who use facilities in the VerDate Mar<15>2010 16:33 Feb 25, 2014 Jkt 232001 State of Washington to produce wine from grapes grown within the proposed AVA would be unable to use ‘‘The Rocks District of Milton–Freewater’’ as an appellation of origin on their labels. TTB is interested in comments from persons who believe they may be negatively impacted by the inability to use ‘‘The Rocks District of Milton– Freewater’’ as an appellation of origin on a wine label solely because they use facilities located in Washington. Submitting Comments You may submit comments on this notice by using one of the following three methods: • Federal e-Rulemaking Portal: You may send comments via the online comment form posted with this notice within Docket No. TTB–2014–0003 on ‘‘Regulations.gov,’’ the Federal erulemaking portal, at http:// www.regulations.gov. A direct link to that docket is available under Notice No. 142 on the TTB Web site at http:// www.ttb.gov/wine/winerulemaking.shtml. Supplemental files may be attached to comments submitted via Regulations.gov. For complete instructions on how to use Regulations.gov, visit the site and click on the ‘‘Help’’ tab. • U.S. Mail: You may send comments via postal mail to the Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005. • Hand Delivery/Courier: You may hand-carry your comments or have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Suite 200–E, Washington, DC 20005. Please submit your comments by the closing date shown above in this notice. Your comments must reference Notice No. 142 and include your name and mailing address. Your comments also must be made in English, be legible, and be written in language acceptable for public disclosure. TTB does not acknowledge receipt of comments, and TTB considers all comments as originals. In your comment, please clearly state if you are commenting for yourself or on behalf of an association, business, or other entity. If you are commenting on behalf of an entity, your comment must include the entity’s name as well as your name and position title. If you comment via Regulations.gov, please enter the entity’s name in the ‘‘Organization’’ blank of the online comment form. If you comment via postal mail or hand delivery/courier, PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 please submit your entity’s comment on letterhead. You may also write to the Administrator before the comment closing date to ask for a public hearing. The Administrator reserves the right to determine whether to hold a public hearing. Confidentiality All submitted comments and attachments are part of the public record and subject to disclosure. Do not enclose any material in your comments that you consider to be confidential or inappropriate for public disclosure. Public Disclosure TTB will post, and you may view, copies of this notice, selected supporting materials, and any online or mailed comments received about this proposal within Docket No. TTB–2014– 0003 on the Federal e-rulemaking portal, Regulations.gov, at http:// www.regulations.gov. A direct link to that docket is available on the TTB Web site at http://www.ttb.gov/wine/winerulemaking.shtml under Notice No. 142. You may also reach the relevant docket through the Regulations.gov search page at http://www.regulations.gov. For information on how to use Regulations.gov, click on the site’s ‘‘Help’’ tab. All posted comments will display the commenter’s name, organization (if any), city, and State, and, in the case of mailed comments, all address information, including email addresses. TTB may omit voluminous attachments or material that the Bureau considers unsuitable for posting. You may also view copies of this notice, all related petitions, maps and other supporting materials, and any electronic or mailed comments that TTB receives about this proposal by appointment at the TTB Information Resource Center, 1310 G Street NW., Washington, DC 20005. You may also obtain copies at 20 cents per 8.5 x 11inch page. Please note that TTB is unable to provide copies of the USGS quadrangle maps or any similarly sized documents that may be included as part of the AVA petition. Contact TTB’s information specialist at the above address or by telephone at 202–453– 2270 to schedule an appointment or to request copies of comments or other materials. Regulatory Flexibility Act TTB certifies that this proposed regulation, if adopted, would not have a significant economic impact on a substantial number of small entities. The proposed regulation imposes no E:\FR\FM\26FEP1.SGM 26FEP1 Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Proposed Rules new reporting, recordkeeping, or other administrative requirement. Any benefit derived from the use of an AVA name would be the result of a proprietor’s efforts and consumer acceptance of wines from that area. Therefore, no regulatory flexibility analysis is required. Executive Order 12866 It has been determined that this proposed rule is not a significant regulatory action as defined by Executive Order 12866 of September 30, 1993. Therefore, no regulatory assessment is required. Drafting Information Karen A. Thornton of the Regulations and Rulings Division drafted this notice of proposed rulemaking. List of Subjects in 27 CFR Part 9 Wine. Proposed Regulatory Amendment For the reasons discussed in the preamble, TTB proposes to amend title 27, chapter I, part 9, Code of Federal Regulations, as follows: PART 9—AMERICAN VITICULTURAL AREAS 1. The authority citation for part 9 continues to read as follows: ■ Authority: 27 U.S.C. 205. Subpart C—Approved American Viticultural Areas 2. Subpart C is amended by adding § 9.lllto read as follows: ■ mstockstill on DSK4VPTVN1PROD with PROPOSALS § 9.lll The Rocks District of Milton– Freewater. (a) Name. The name of the viticultural area described in this section is ‘‘The Rocks District of Milton–Freewater’’. For purposes of part 4 of this chapter, ‘‘The Rocks District of Milton– Freewater’’ and ‘‘The Rocks of Milton– Freewater’’ are terms of viticultural significance. (b) Approved maps. The two United States Geological Survey 1:24,000 scale topographic maps used to determine the boundary of The Rocks District of Milton–Freewater viticultural area are titled: (1) Milton–Freewater, Oreg., 1964; and (2) Bowlus Hill, Oreg., 1964; photoinspected 1976. (c) Boundary. The Rocks District of Milton–Freewater viticultural area is located in Umatilla County, Oregon. The boundary of The Rocks District of Milton–Freewater viticultural area is as follows: VerDate Mar<15>2010 16:33 Feb 25, 2014 Jkt 232001 (1) The beginning point is found on the Milton–Freewater map at the intersection of an unnamed mediumduty road known locally as Freewater Highway (State Route 339) and an unnamed light-duty road known locally as Crockett Road, section 26, T6N/R35E. From the beginning point, proceed eastsoutheasterly in a straight line for 0.8 mile to the intersection of State Highway 11 (Oregon–Washington Highway) and an unnamed light-duty road known locally as Appleton Road, section 25, T6N/R35E; then (2) Proceed southeasterly in a straight line for 1.05 miles, crossing onto the Bowlus Hill map, to the intersection of three unnamed light-duty roads known locally as Grant Road, Turbyne Road, and Pratt Lane on the common boundary between section 36, T6N/ R35E, and section 31, T5N/R36E; then (3) Proceed southwesterly in a straight line for 1.1 miles, crossing back onto the Milton–Freewater map, to the intersection of the Union Pacific railroad tracks with the Walla Walla River, section 1, T5N/R35E; then (4) Proceed southwesterly and then west-northwesterly along the Union Pacific railroad tracks for 1.2 miles to the intersection of the railroad tracks with the 980-foot elevation contour line, approximately 0.15 mile west of Lamb Street, section 2, T5N/R35E; then (5) Proceed west-northwesterly in a straight line for 2.25 miles to the intersection of the 840-foot elevation contour line and an unnamed light-duty road known locally as Lower Dry Creek Road, section 33, T6N/R35E; then (6) Proceed northwesterly in a straight line for 0.8 mile to the intersection of the 800-foot elevation contour line with an unnamed light-duty road running north-south in section 32, T6N/R35E; then (7) Proceed easterly in a straight line for 0.9 mile to the intersection of the 840-foot elevation contour line with the Hudson Bay Canal, section 33, T6N/ R35E; then (8) Proceed due north in a straight line for 0.25 mile to the line’s intersection with Sunnyside Road, section 33, T6N/T35E; then (9) Proceed northeasterly in a straight line for 0.5 mile to the intersection of the 840-foot elevation contour line with an unnamed medium-duty road known locally as State Highway 332 (Umapine Highway), eastern boundary of section 28, R6N/T35E; then (10) Proceed east-northeasterly in a straight line for 0.3 mile to the intersection of three unnamed light-duty roads known locally as Triangle Road, Hodgen Road, and Appleton Road, section 27, T6N/R35E; then PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 10747 (11) Proceed east-northeasterly in a straight line for 1.25 miles, returning to the beginning point. Signed: February 20, 2014. John J. Manfreda, Administrator. [FR Doc. 2014–04137 Filed 2–25–14; 8:45 am] BILLING CODE 4810–31–P NATIONAL LABOR RELATIONS BOARD 29 CFR Parts 101, 102, 103 RIN 3142–AA08 Representation-Case Procedures AGENCY: National Labor Relations Board. Proposed rule; notice of meeting. ACTION: The National Labor Relations Board (NLRB or Board) invites interested persons to attend a public meeting of the Board on April 10 and 11. The Board meeting will start at 9:30 a.m. on each day. The meeting will be held in the Margaret A. Browning Hearing Room (Room 11000), National Labor Relations Board, 1099 14th Street NW., Washington, DC 20570. During the meeting, persons who have previously requested to speak may share their views on the proposed amendments to the Board’s rules governing representation case procedures, published at 79 FR 7318, and make other proposals for improving representation case procedures. DATES: The meeting will be held on April 10 and 11, 2014, starting at 9:30 a.m. on each day. Additional days of meeting may be scheduled for April 8 and/or 9. Those who wish to speak at the meeting must submit a Request to Speak, in the form described in the instructions below, which must be received by the Board no later than March 10, 2014. In addition, due to seating considerations, persons desiring to attend the meeting must submit a Request to Attend, which must be received by the Board no later than March 31, 2014. Those who Request to Speak need not also submit a Request to Attend. ADDRESSES: The public meeting will be held in the Margaret A. Browning Hearing Room (Room 11000), National Labor Relations Board, 1099 14th Street NW., Washington, DC 20570. Requests to Speak and Requests to Attend must be addressed to Gary Shinners, Executive Secretary, 1099 14th Street NW., Suite 11600, Washington, DC 20570. Alternatively, written requests SUMMARY: E:\FR\FM\26FEP1.SGM 26FEP1

Agencies

[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Proposed Rules]
[Pages 10742-10747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04137]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2014-0003; Notice No. 142]
RIN 1513-AC05


Proposed Establishment of The Rocks District of Milton-Freewater 
Viticultural Area

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to 
establish the approximately 3,770-acre ``The Rocks District of Milton-
Freewater'' viticultural area in Umatilla County, Oregon. The proposed 
viticultural area lies entirely within the Walla Walla Valley 
viticultural area which, in turn, lies within the Columbia Valley 
viticultural area. TTB designates viticultural areas to allow vintners 
to better describe the origin of their wines and to allow consumers to 
better identify wines they may purchase. TTB invites comments on this 
proposed addition to its regulations.

DATES: Comments must be received by April 28, 2014.

ADDRESSES: Please send your comments on this notice to one of the 
following addresses:
     Internet: http://www.regulations.gov (via the online 
comment form for this notice as posted within Docket No. TTB-2014-0003 
at ``Regulations.gov,'' the Federal e-rulemaking portal);
     U.S. Mail: Director, Regulations and Rulings Division, 
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, 
Washington, DC 20005; or
     Hand delivery/courier in lieu of mail: Alcohol and Tobacco 
Tax and Trade Bureau, 1310 G Street NW., Suite 200-E, Washington, DC 
20005.
    See the Public Participation section of this notice for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing.
    You may view copies of this notice, selected supporting materials, 
and any comments that TTB receives about this proposal at http://www.regulations.gov within Docket No. TTB-2014-0003. A link to that 
docket is posted on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 142. You also may view copies of this 
notice, all related petitions, maps, or other supporting materials, and 
any comments that TTB receives about this proposal by appointment at 
the TTB Information Resource Center, 1310 G Street NW., Washington, DC 
20005. Please call 202-453-2270 to make an appointment.

FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels, and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act 
pursuant to section 1111(d) of the Homeland Security Act of 2002, 
codified at 6 U.S.C. 531(d). The Secretary has delegated various 
authorities through Treasury Department Order 120-01 (Revised), dated 
December 10, 2013, to the TTB Administrator to perform the functions 
and duties in the administration and enforcement of this law.
    Part 4 of the TTB regulations (27 CFR Part 4) allows the 
establishment of definitive viticultural areas and the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR Part 9) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved AVAs.

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features as described in part 9 of 
the regulations and a name and a delineated boundary as established in 
part 9 of the regulations. These designations allow vintners and 
consumers to attribute a given quality, reputation, or other 
characteristic of a wine made from grapes grown in an area to its 
geographic origin. The establishment of AVAs allows vintners to 
describe more accurately the origin of their wines to consumers and 
helps consumers to identify wines they may purchase. Establishment of 
an AVA 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 AVA and provides that any interested party may 
petition TTB to establish a grape-growing region as an AVA. Section 
9.12 of the TTB regulations (27 CFR 9.12) prescribes standards for 
petitions for the establishment or modification of AVAs.

[[Page 10743]]

Petitions to establish an AVA must include the following:
     Evidence that the area within the proposed AVA boundary is 
nationally or locally known by the AVA name specified in the petition;
     An explanation of the basis for defining the boundary of 
the proposed AVA;
     A narrative description of the features of the proposed 
AVA affecting viticulture, such as climate, geology, soils, physical 
features, and elevation, that make the proposed AVA distinctive and 
distinguish it from adjacent areas outside the proposed AVA boundary;
     A copy of the appropriate United States Geological Survey 
(USGS) map(s) showing the location of the proposed AVA, with the 
boundary of the proposed AVA clearly drawn thereon; and
     A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

The Rocks District of Milton-Freewater Petition

    TTB received a petition from Dr. Kevin R. Pogue, a professor of 
geology at Whitman College in Walla Walla, Washington, proposing the 
establishment of the ``The Rocks District of Milton-Freewater'' AVA in 
Umatilla County, Oregon, near the town of Milton-Freewater. The 
proposed AVA lies entirely within the Walla Walla Valley AVA (27 CFR 
9.91), which is located in portions of Walla Walla County, Washington 
and Umatilla County, Oregon. The Walla Walla Valley AVA is, in turn, 
entirely within the larger Columbia Valley AVA (27 CFR 9.74), which is 
located in multiple counties in Washington and Oregon. The proposed AVA 
contains approximately 3,770 acres and has approximately 250 acres of 
commercially producing vineyards. The petition names 19 wine producers 
that have vineyards within the proposed AVA, and it notes that three of 
the 19 producers also have winery facilities within the proposed AVA. 
According to the petition, the distinguishing feature of the proposed 
The Rocks District of Milton-Freewater AVA is its soil. Unless 
otherwise noted, all information and data pertaining to the proposed 
AVA contained in this document are from the petition for the proposed 
The Rocks District of Milton-Freewater AVA and its supporting exhibits.

Name Evidence

    The proposed The Rocks District of Milton-Freewater AVA is located 
on an alluvial fan of the Walla Walla River and derives its name from 
the cobblestone-rich soil near the town of Milton-Freewater, Oregon. 
The towns of Milton and Freewater were founded in the late 1800s and 
merged in 1951 to become Milton-Freewater. A 1906 magazine article 
included as part of the petition demonstrates that the region of the 
proposed AVA has long been associated with its unusually rocky soil. 
The article states, ``I wonder if you ever thought of how Freewater 
appears to a stranger? . . . `Rocks! Rocks!' I hear you say.'' \1\ The 
article notes that, in spite of the rocky soil, ``[t]he fruit trees are 
growing here in abundance,'' as are ``luscious clusters of grapes . . 
..''
---------------------------------------------------------------------------

    \1\ George B. Sanderson, ``Outsider's View of Freewater,'' Up-
To-The-Times, December 1906, page 31.
---------------------------------------------------------------------------

    Excerpts from recent articles published on wine industry Web sites 
and blogs provide evidence that the location of the proposed AVA is 
commonly referred to as ``The Rocks.'' Three of the articles are from 
wine reviewer Sean P. Sullivan's Washington Wine Report Web site. (See 
www.wawinereport.com.) The first article, from April 2, 2010, states, 
``The Rocks area is located on a historic, cobblestone-strewn 
riverbed.'' \2\ The second article, posted on September 12, 2012, 
features a vineyard owner who purchased property within the proposed 
AVA because of ``the potential in the Rocks.'' \3\ The third article, 
posted on September 19, 2012, refers to ``the Rocks region, the ancient 
cobblestone riverbed in the southern section of the valley.'' \4\
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    \2\ ``Washington's `Dirty Little Secret'--Some of Our Best Wines 
are From Oregon Grapes.''
    \3\ ``Proper Wines-From the Rocky Mountains to the Rocks of 
Walla Walla Valley.''
    \4\ ``Delmas--How One Little Vacation Can Change Your Life.''
---------------------------------------------------------------------------

    Two articles by Kori Voorhees from the Wine Peeps wine blog also 
provide evidence that the region of the proposed AVA is known as ``The 
Rocks.'' (See www.winepeeps.com.) The first article, from November 8, 
2010, describes a vineyard within the proposed AVA as being ``located 
near Milton-Freewater, Oregon, in an area known as The Rocks.'' \5\ The 
second article, from June 13, 2012, states that another vineyard within 
the proposed AVA is situated ``in an area called `The Rocks' by the 
locals.'' \6\
---------------------------------------------------------------------------

    \5\ ``Cayuse: Unique Terroir or Flawed Wine?''
    \6\ ``Watermill Winery: Great Fruit and Great Wines From the 
Brown Family.''
---------------------------------------------------------------------------

    Several excerpts from the writings of Paul Gregutt, a wine writer 
who focuses on wines from Oregon and Washington, refer to the region of 
the proposed AVA as ``The Rocks.'' Three excerpts are from his book 
Washington Wines and Wineries: The Essential Guide, which also includes 
information on the region of the proposed AVA because the existing 
Walla Walla Valley and Columbia Valley AVAs that encompass it cover 
portions of both Washington and Oregon. The first excerpt notes that 
the vineyards of the proposed AVA are ``scattered throughout the old 
riverbed informally known as the Rocks.'' The second excerpt states, 
``The area known locally as the Rocks, located in Oregon west of 
Milton-Freewater . . . was first planted to wine grapes in the late 
1990's.'' The third excerpt describes a vineyard within the proposed 
AVA that has ``12 acres planted in the Rocks to cabernet franc, malbec, 
syrah, and tempranillo.'' Finally, an article from Mr. Gregutt's wine 
blog posted on April 11, 2011, describes a newly planted vineyard 
within the proposed AVA as ``a new addition in The Rocks.'' \7\ (See 
www.paulgregutt.com.)
---------------------------------------------------------------------------

    \7\ ``New From Figgins Family Wineries.''
---------------------------------------------------------------------------

    The United States Geological Survey's (USGS) Geographical Names 
Information System (GNIS; http://geonames.usgs.gov/index.html) lists 25 
locations in the United States known as ``The Rocks.'' Therefore, the 
petitioner added ``Milton-Freewater'' to the proposed name in order to 
distinguish the proposed AVA from the other locations. The town of 
Milton-Freewater is located partially within the proposed AVA and is 
clearly identified on the Milton-Freewater USGS quadrangle map used to 
mark the boundary of the proposed AVA. A GNIS search for ``Milton-
Freewater'' conducted by TTB produced 15 results, all of which are for 
locations within the town of Milton-Freewater, Oregon, including a post 
office, a Department of Motor Vehicles office, a library, a municipal 
court, a sewage treatment plant, and several fire stations.

Boundary Evidence

    As previously noted, the proposed The Rocks District of Milton-
Freewater AVA lies entirely within the Oregon portion of the existing 
Walla Walla Valley AVA, which, in turn, lies entirely within the 
existing Columbia Valley AVA. The proposed AVA does not overlap with 
any other existing or proposed AVA.
    The proposed The Rocks District of Milton-Freewater AVA is located 
on an alluvial fan of the Walla Walla River where the river exits the 
foothills of the Blue Mountains and enters the Walla Walla Valley. The 
proposed boundary follows a series of straight lines between points 
marked on the relevant USGS maps to encompass the central portion of 
the alluvial fan, which features the

[[Page 10744]]

heavily cobbled Freewater series soil that is the defining 
characteristic of the proposed AVA. The petition notes that the 
proposed boundary was drawn to include as much of the heavily cobbled 
soils as possible while minimizing the inclusion of other soils. 
However, because the proposed boundary is required to be drawn using 
features found on the USGS maps, some relatively small areas of non-
cobbled soil may be incorporated into the proposed AVA and some small 
areas of cobbled soil may be excluded.

Distinguishing Feature

    The distinguishing feature of the proposed The Rocks District of 
Milton-Freewater AVA is the cobblestone-rich soil. In the original Soil 
Survey of Umatilla County, published by the United States Department of 
Agriculture in 1948, the cobblestone soils were mapped within the 
Yakima series as Yakima cobbly loam and Yakima gravelly loam. In 1985, 
these soils were reclassified within the newly created Freewater series 
as Freewater very cobbly loam and Freewater gravely silt loam. The 
region of cobblestone-rich soils that is covered by the town of Milton-
Freewater was reclassified as Freewater-Urban land complex. According 
to the petition, 96 percent of the proposed AVA is covered by soils of 
the Freewater series.
    Soils of the Freewater series are comprised mainly of basaltic 
alluvium derived from the erosion of the Blue Mountains, located to the 
east of the proposed AVA. Over time, the Walla Walla River and its 
numerous branches have carried gravel, cobbles, and boulders of basalt 
from the Blue Mountains into the Walla Walla Valley. As these pieces of 
rock built up in the river and its branches, the streams became 
shallower and changed their courses, leaving the rocks behind to form a 
broad alluvial fan. The gravel, cobbles, and boulders in the alluvial 
fan are loose and uncemented and form very deep layers. In areas that 
have not been tilled for cultivation, the stones are covered with a 
very thin layer of fine, windblown alluvium called loess. However, in 
areas that have been tilled, the stones are very conspicuous. The 
petition included photographs of several vineyards within the proposed 
AVA which show the vines planted in fields covered so completely with 
rocks that they have the appearance of cobblestone streets.
    The soils in the regions surrounding the proposed The Rocks 
District of Milton-Freewater AVA are largely of the Walla Walla, 
Ellisforde, Yakima, Umapine, Hermison, Onyx, and Oliphan series. 
Classified as silt loams, cobbles are uncommon or absent from these 
soils, which were formed mainly from loess and are largely granite-
derived, in contrast with the basalt-derived soils of the Freewater 
series. In parts of the surrounding regions outside the proposed AVA, 
the soils are underlain by ``Touchet beds,'' dense layers of sand and 
silt deposited by prehistoric floods. Touchet beds do not occur within 
the proposed AVA.
    The excessively stony nature of the soils affects grape growing 
within the proposed The Rocks District of Milton-Freewater AVA. Because 
the stones that comprise the soils are uncemented and occur in deep 
layers, the vines are able to send roots between the stones and extend 
deep into the ground before being stopped by bedrock or cemented 
gravel. According to the petition, a root would have to penetrate 30 to 
50 feet before reaching either bedrock or a denser layer of cemented 
gravel, which is deeper than grapevine roots typically grow. Deeply 
rooted vines can reach moisture stored in deep layers of the soil and 
therefore are more drought-tolerant than vines with shallower root 
systems. The petition states that although the soils in the surrounding 
region vary in thicknesses, they are generally not as deep as the 
Freewater series soils. As a result, vines planted outside the proposed 
AVA are not able to penetrate as deeply before hitting bedrock, Touchet 
beds, or a layer of cemented gravel.
    The rockiness of the soils within the proposed AVA allows water to 
drain freely, which inhibits mildew and rot. According to the petition, 
Freewater series soils transmit water at rates in excess of 20 inches 
an hour, which classifies the soils as ``somewhat excessively 
drained.'' The soils surrounding the proposed AVA, by contrast, have 
finer grains that are packed more closely together, allowing them to 
drain water at the much slower rate of less than 2 inches per hour.
    The soils of the proposed The Rocks District of Milton-Freewater 
AVA have a low risk of erosion because they are not comprised of fine, 
lightweight particles that could easily be removed by wind or rain. 
Because the soils are so resistant to erosion, vineyard owners can till 
repeatedly during the growing season. According to the petition, 
tilling concentrates the larger rocks on the surface, where they form a 
natural barrier to weed growth. The soils surrounding the proposed AVA, 
however, cannot be tilled as frequently because the soils are finer and 
more susceptible to erosion. As a result, vineyard owners outside the 
proposed AVA often plant ground cover crops between the rows of vines 
in order to suppress the growth of weeds and prevent erosion.
    The rocky soil of the proposed AVA also absorbs and stores solar 
radiation. During the day, the sun heats the soil enough to raise both 
the surface and subsurface soil temperatures, as well as the 
temperature of low-hanging grape clusters. The petition included the 
results of a study comparing the surface and subsurface soil 
temperatures and the temperature of low-hanging clusters of grapes in a 
vineyard with the Freewater series soil and a vineyard with grass-
covered loess soil. The data shows that the surface soil, subsurface 
soil, and grape cluster temperatures were all warmer in the vineyard 
with the Freewater series soil. The greatest temperature difference was 
at the surface of the soil, where temperatures in the rocky vineyard 
were approximately 4.5 degrees Celsius warmer than in the vineyard with 
the grass-covered loess soil. During the day, the warming of the stony 
Freewater series soil promotes vine growth, fruit maturation, and 
efficient photosynthesis. At night, the soil slowly releases the stored 
heat and warms the air enough to reduce the risk of frost in late 
spring and early fall.
    Finally, the Freewater series soils of the proposed AVA have higher 
concentrations of certain elements than the soils of the surrounding 
regions. The petition includes a chemical analysis of the most common 
Freewater series soil, Freewater very cobbly loam, and the most common 
soil of the surrounding region, Walla Walla silt loam. The Freewater 
very cobbly loam contains significantly higher amounts of calcium, 
titanium, and iron than the Walla Walla silt loam. The petition also 
includes a comparison of the amount of iron in the soil that is in a 
form that can be used by plants. The plant-available iron level found 
in the vineyard within the proposed AVA was approximately 72 milligrams 
per kilogram (mg/kg). By contrast, the highest level of plant-available 
iron found in the surrounding region was approximately 45 mg/kg. 
Calcium, titanium, and especially iron are nutrients that are critical 
for healthy vine growth and fruit development.

Comparison of the Proposed the Rocks District of Milton-Freewater AVA 
to the Existing Walla Walla Valley and Columbia Valley AVAs

Walla Walla Valley AVA
    The Walla Walla Valley AVA was established by T.D. ATF-165, which 
published in the Federal Register on

[[Page 10745]]

February 6, 1984 (49 FR 4374). The Walla Walla AVA's boundary was later 
modified so that the entire AVA lay within the larger Columbia Valley 
AVA (see T.D. ATF-441, published in the Federal Register on February 
26, 2001, at 66 FR 11542). The Walla Walla Valley AVA covers portions 
of Walla Walla County in southeast Washington and Umatilla County in 
northeast Oregon.
    According to T.D. ATF-165 and T.D. ATF-441, the Walla Walla Valley 
AVA is a broad valley cut by the Walla Walla River. It is bordered by 
the mountainous Umatilla National Forest to the southeast, the Touchet 
River watershed to the north, and the Columbia River to the west. 
Elevations range from approximately 500 feet to 1,500 feet. The soils 
within the AVA are primarily derived from loess. The Walla Walla Valley 
AVA has a growing season of between 190 and 220 days and receives an 
average of 12.5 inches of rain annually.
    The proposed The Rocks District of Milton-Freewater AVA is located 
entirely within the portion of the Walla Walla Valley AVA that is 
located within Umatilla County, Oregon, and it shares some broad 
characteristics of the larger established AVA. The proposed The Rocks 
District of Milton-Freewater AVA has a climate similar to that of the 
Walla Walla Valley AVA, with a growing season of approximately 197 days 
and an average rainfall of approximately 14 inches. Additionally, 
elevations in the proposed AVA are between 850 and 1,000 feet, which is 
within the range of elevations within the Walla Walla Valley AVA. 
However, the lowest elevations within the proposed AVA are higher than 
the lowest elevations of the Walla Walla Valley AVA and are not as 
susceptible to frost and freeze risks related to nocturnal temperature 
inversions that frequently affect the lower elevations of the Walla 
Walla Valley AVA. Furthermore, in contrast to the fine-grained, loess-
derived soils of the Walla Walla Valley AVA, the soils within the 
proposed AVA are basalt-derived and contain large amounts of gravel, 
cobbles, and boulders. As previously discussed, the rocky soils of the 
proposed AVA contain higher levels of essential nutrients, are less 
prone to erosion, drain more rapidly, and absorb and radiate more solar 
energy than loess-derived soils.
Columbia Valley AVA
    The Columbia Valley AVA was established by T.D. ATF-190, which 
published in the Federal Register on November 13, 1984 (49 FR 44895). 
The Columbia Valley AVA is a large basin surrounding the Columbia, 
Snake, and Yakima Rivers in Washington and Oregon. T.D. ATF-190 states 
that the Columbia Valley AVA has a growing season of between 150 and 
204 days and annual rainfall of less than 15 inches.
    The proposed The Rocks District of Milton-Freewater AVA is located 
entirely within the Oregon portion of the Columbia Valley AVA and has a 
climate similar to that of the Columbia Valley AVA. However, the 
distinctive rocky soil of the proposed AVA distinguishes it from the 
larger Columbia Valley AVA. Although T.D. ATF-190 does not describe the 
soil of the Columbia Valley AVA, a soil series description included in 
the petition to establish the proposed The Rocks District of Milton-
Freewater AVA notes that the major soil series of the proposed AVA, the 
Freewater series, ``is of small extent'' and is essentially limited to 
Umatilla County, Oregon.

TTB Determination

    TTB concludes that the petition to establish the approximately 
3,770-acre The Rocks District of Milton-Freewater AVA merits 
consideration and public comment, as invited in this notice.

Boundary Description

    See the narrative boundary description of the petitioned-for AVA in 
the proposed regulatory text published at the end of this notice.

Maps

    The petitioner provided the required maps, and they are listed 
below in the proposed regulatory text.

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. If TTB establishes this proposed AVA, its name, ``The 
Rocks District of Milton-Freewater,'' will be recognized as a name of 
viticultural significance under 27 CFR 4.39(i)(3). TTB has also 
determined that the phrase ``The Rocks of Milton-Freewater'' has 
viticultural significance in relation to the proposed AVA. The text of 
the proposed regulation clarifies this point. Consequently, wine 
bottlers using the name ``The Rocks District of Milton-Freewater'' or 
``The Rocks of Milton-Freewater'' in a brand name, including a 
trademark, or in another label reference as to the origin of the wine, 
would have to ensure that the product is eligible to use the AVA name 
as an appellation of origin if this proposed rule is adopted as a final 
rule. TTB does not believe that either ``The Rocks'' or ``The Rocks 
District,'' standing alone, would have viticultural significance if the 
proposed AVA is established, due to the widespread use of ``The Rocks'' 
as a geographical name. GNIS shows the name ``The Rocks'' used in 
reference to 25 locations in 17 States within the United States. 
Accordingly, the proposed part 9 regulatory text set forth in this 
document specifies only the full name ``The Rocks District of Milton-
Freewater'' and the phrase ``The Rocks of Milton-Freewater'' as terms 
of viticultural significance for purposes of part 4 of the TTB 
regulations.
    The approval of the proposed The Rocks District of Milton-Freewater 
AVA would not affect any existing AVA, and any bottlers using ``Walla 
Walla Valley'' or ``Columbia Valley'' as an appellation of origin or in 
a brand name for wines made from grapes grown within the Walla Walla 
Valley or Columbia Valley AVAs would not be affected by the 
establishment of this new AVA. The establishment of the proposed The 
Rocks District of Milton-Freewater AVA would allow vintners to use 
``The Rocks District of Milton-Freewater,'' ``Walla Walla Valley,'' and 
``Columbia Valley'' as appellations of origin for wines made from 
grapes grown within the proposed The Rocks District of Milton-Freewater 
AVA if the wines meet the eligibility requirements for the appellation.
    For a wine to be labeled with an AVA name or with a brand name that 
includes an AVA name, at least 85 percent of the wine must be derived 
from grapes 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 for labeling with an AVA name 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 AVA 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 an AVA 
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.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether it should establish the proposed AVA. TTB is also interested in 
receiving comments on the sufficiency and accuracy of the name, 
boundary, soils, and other required information submitted in support of 
the petition. In

[[Page 10746]]

addition, given the proposed The Rocks District of Milton-Freewater 
AVA's location within the existing Walla Walla Valley and Columbia 
Valley AVAs, TTB is interested in comments on whether the evidence 
submitted in the petition regarding the distinguishing features of the 
proposed AVA sufficiently differentiates it from the existing Walla 
Walla Valley and Columbia Valley AVAs. TTB is also interested in 
comments on whether the geographic features of the proposed AVA are so 
distinguishable from the surrounding Walla Walla Valley and Columbia 
Valley AVAs that the proposed The Rocks District of Milton-Freewater 
AVA should no longer be part of those AVAs. Please provide specific 
information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed The Rocks District of Milton-Freewater AVA on wine labels that 
include the term ``The Rocks District of Milton-Freewater'' or ``The 
Rocks of Milton-Freewater'' as discussed above under Impact on Current 
Wine Labels, TTB is particularly interested in comments regarding 
whether there will be a conflict between the proposed AVA name and 
currently used brand names. If a commenter believes that a conflict 
will arise, the comment should describe the nature of that conflict, 
including any anticipated negative economic impact that approval of the 
proposed AVA will have on an existing viticultural enterprise. TTB is 
also interested in receiving suggestions for ways to avoid conflicts, 
for example, by adopting a modified or different name for the AVA.

Impact on Wines Produced Across State Lines

    Section 4.25(e)(3)(iv) of the TTB regulations (27 CFR 
4.25(e)(3)(iv) requires that wines labeled with an AVA appellation of 
origin be ``fully finished within the State, or one of the States, 
within which the labeled viticultural area is located . . .'' The 
proposed The Rocks District of Milton-Freewater AVA is located entirely 
within Oregon, but is only a few miles from Walla Walla, Washington. 
TTB is aware that there may be winemakers who use custom crush or 
alternating proprietor facilities located in Walla Walla to make wine 
primarily from grapes grown within the proposed AVA. TTB understands 
winemakers may be using these facilities because of a lack of custom 
crush or alternating proprietor facilities located nearby in Oregon. 
Because of the TTB regulation, if the proposed The Rocks District of 
Milton-Freewater AVA is established, winemakers who use facilities in 
the State of Washington to produce wine from grapes grown within the 
proposed AVA would be unable to use ``The Rocks District of Milton-
Freewater'' as an appellation of origin on their labels. TTB is 
interested in comments from persons who believe they may be negatively 
impacted by the inability to use ``The Rocks District of Milton-
Freewater'' as an appellation of origin on a wine label solely because 
they use facilities located in Washington.

Submitting Comments

    You may submit comments on this notice by using one of the 
following three methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this notice within Docket No. TTB-2014-
0003 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under 
Notice No. 142 on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be attached to comments 
submitted via Regulations.gov. For complete instructions on how to use 
Regulations.gov, visit the site and click on the ``Help'' tab.
     U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
     Hand Delivery/Courier: You may hand-carry your comments or 
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau, 
1310 G Street NW., Suite 200-E, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
notice. Your comments must reference Notice No. 142 and include your 
name and mailing address. Your comments also must be made in English, 
be legible, and be written in language acceptable for public 
disclosure. TTB does not acknowledge receipt of comments, and TTB 
considers all comments as originals.
    In your comment, please clearly state if you are commenting for 
yourself or on behalf of an association, business, or other entity. If 
you are commenting on behalf of an entity, your comment must include 
the entity's name as well as your name and position title. If you 
comment via Regulations.gov, please enter the entity's name in the 
``Organization'' blank of the online comment form. If you comment via 
postal mail or hand delivery/courier, please submit your entity's 
comment on letterhead.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine whether to hold a public hearing.

Confidentiality

    All submitted comments and attachments are part of the public 
record and subject to disclosure. Do not enclose any material in your 
comments that you consider to be confidential or inappropriate for 
public disclosure.

Public Disclosure

    TTB will post, and you may view, copies of this notice, selected 
supporting materials, and any online or mailed comments received about 
this proposal within Docket No. TTB-2014-0003 on the Federal e-
rulemaking portal, Regulations.gov, at http://www.regulations.gov. A 
direct link to that docket is available on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 142. You may 
also reach the relevant docket through the Regulations.gov search page 
at http://www.regulations.gov. For information on how to use 
Regulations.gov, click on the site's ``Help'' tab.
    All posted comments will display the commenter's name, organization 
(if any), city, and State, and, in the case of mailed comments, all 
address information, including email addresses. TTB may omit voluminous 
attachments or material that the Bureau considers unsuitable for 
posting.
    You may also view copies of this notice, all related petitions, 
maps and other supporting materials, and any electronic or mailed 
comments that TTB receives about this proposal by appointment at the 
TTB Information Resource Center, 1310 G Street NW., Washington, DC 
20005. You may also obtain copies at 20 cents per 8.5 x 11-inch page. 
Please note that TTB is unable to provide copies of the USGS quadrangle 
maps or any similarly sized documents that may be included as part of 
the AVA petition. Contact TTB's information specialist at the above 
address or by telephone at 202-453-2270 to schedule an appointment or 
to request copies of comments or other materials.

Regulatory Flexibility Act

    TTB certifies that this proposed regulation, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The proposed regulation imposes no

[[Page 10747]]

new reporting, recordkeeping, or other administrative requirement. Any 
benefit derived from the use of an AVA name would be the result of a 
proprietor's efforts and consumer acceptance of wines from that area. 
Therefore, no regulatory flexibility analysis is required.

Executive Order 12866

    It has been determined that this proposed rule is not a significant 
regulatory action as defined by Executive Order 12866 of September 30, 
1993. Therefore, no regulatory assessment is required.

Drafting Information

    Karen A. Thornton of the Regulations and Rulings Division drafted 
this notice of proposed rulemaking.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, TTB proposes to amend 
title 27, chapter I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Subpart C is amended by adding Sec.  9.------to read as follows:


Sec.  9.------  The Rocks District of Milton-Freewater.

    (a) Name. The name of the viticultural area described in this 
section is ``The Rocks District of Milton-Freewater''. For purposes of 
part 4 of this chapter, ``The Rocks District of Milton-Freewater'' and 
``The Rocks of Milton-Freewater'' are terms of viticultural 
significance.
    (b) Approved maps. The two United States Geological Survey 1:24,000 
scale topographic maps used to determine the boundary of The Rocks 
District of Milton-Freewater viticultural area are titled:
    (1) Milton-Freewater, Oreg., 1964; and
    (2) Bowlus Hill, Oreg., 1964; photoinspected 1976.
    (c) Boundary. The Rocks District of Milton-Freewater viticultural 
area is located in Umatilla County, Oregon. The boundary of The Rocks 
District of Milton-Freewater viticultural area is as follows:
    (1) The beginning point is found on the Milton-Freewater map at the 
intersection of an unnamed medium-duty road known locally as Freewater 
Highway (State Route 339) and an unnamed light-duty road known locally 
as Crockett Road, section 26, T6N/R35E. From the beginning point, 
proceed east-southeasterly in a straight line for 0.8 mile to the 
intersection of State Highway 11 (Oregon-Washington Highway) and an 
unnamed light-duty road known locally as Appleton Road, section 25, 
T6N/R35E; then
    (2) Proceed southeasterly in a straight line for 1.05 miles, 
crossing onto the Bowlus Hill map, to the intersection of three unnamed 
light-duty roads known locally as Grant Road, Turbyne Road, and Pratt 
Lane on the common boundary between section 36, T6N/R35E, and section 
31, T5N/R36E; then
    (3) Proceed southwesterly in a straight line for 1.1 miles, 
crossing back onto the Milton-Freewater map, to the intersection of the 
Union Pacific railroad tracks with the Walla Walla River, section 1, 
T5N/R35E; then
    (4) Proceed southwesterly and then west-northwesterly along the 
Union Pacific railroad tracks for 1.2 miles to the intersection of the 
railroad tracks with the 980-foot elevation contour line, approximately 
0.15 mile west of Lamb Street, section 2, T5N/R35E; then
    (5) Proceed west-northwesterly in a straight line for 2.25 miles to 
the intersection of the 840-foot elevation contour line and an unnamed 
light-duty road known locally as Lower Dry Creek Road, section 33, T6N/
R35E; then
    (6) Proceed northwesterly in a straight line for 0.8 mile to the 
intersection of the 800-foot elevation contour line with an unnamed 
light-duty road running north-south in section 32, T6N/R35E; then
    (7) Proceed easterly in a straight line for 0.9 mile to the 
intersection of the 840-foot elevation contour line with the Hudson Bay 
Canal, section 33, T6N/R35E; then
    (8) Proceed due north in a straight line for 0.25 mile to the 
line's intersection with Sunnyside Road, section 33, T6N/T35E; then
    (9) Proceed northeasterly in a straight line for 0.5 mile to the 
intersection of the 840-foot elevation contour line with an unnamed 
medium-duty road known locally as State Highway 332 (Umapine Highway), 
eastern boundary of section 28, R6N/T35E; then
    (10) Proceed east-northeasterly in a straight line for 0.3 mile to 
the intersection of three unnamed light-duty roads known locally as 
Triangle Road, Hodgen Road, and Appleton Road, section 27, T6N/R35E; 
then
    (11) Proceed east-northeasterly in a straight line for 1.25 miles, 
returning to the beginning point.

    Signed: February 20, 2014.
John J. Manfreda,
Administrator.
[FR Doc. 2014-04137 Filed 2-25-14; 8:45 am]
BILLING CODE 4810-31-P