Proposed Establishment of The Rocks District of Milton-Freewater Viticultural Area, 10742-10747 [2014-04137]
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Federal Register / Vol. 79, No. 38 / Wednesday, February 26, 2014 / Proposed Rules
of the law and the commitment letter
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V. Notice of Hearing Under 21 CFR Part
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The Commissioner of Food and Drugs
is announcing that the public hearing
will be held in accordance with part 15
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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
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[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:
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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: https://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 https://www.regulations.gov
within Docket No. TTB–2014–0003. A
link to that docket is posted on the TTB
Web site at https://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
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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.
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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
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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.’’
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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; https://
geonames.usgs.gov/) 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
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From Figgins Family Wineries.’’
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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,
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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
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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
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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
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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,
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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
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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 https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 142 on the TTB Web site at https://
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 https://
www.regulations.gov. A direct link to
that docket is available on the TTB Web
site at https://www.ttb.gov/wine/winerulemaking.shtml under Notice No. 142.
You may also reach the relevant docket
through the Regulations.gov search page
at https://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
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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
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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:
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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 https://www.regulations.gov within Docket No. TTB-2014-0003. A link to that
docket is posted on the TTB Web site at https://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\
---------------------------------------------------------------------------
\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; https://geonames.usgs.gov/) 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 https://www.regulations.gov. A direct link to that docket is available under
Notice No. 142 on the TTB Web site at https://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 https://www.regulations.gov. A
direct link to that docket is available on the TTB Web site at https://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 https://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
