Proposed Establishment of the Lewis-Clark Valley Viticultural Area and Realignment of the Columbia Valley Viticultural Area, 19901-19908 [2015-08501]
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Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF THE TREASURY
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:
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2015–0005; Notice No.
149]
Background on Viticultural Areas
RIN 1513–AC14
Proposed Establishment of the LewisClark Valley Viticultural Area and
Realignment of the Columbia Valley
Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 306,650acre ‘‘Lewis-Clark Valley’’ viticultural
area in portions of Nez Perce, Lewis,
Clearwater and Latah Counties in Idaho
and Asotin, Garfield, and Whitman
Counties in Washington. TTB also
proposes to modify the boundary of the
existing Columbia Valley viticultural
area to eliminate a potential overlap
with the proposed Lewis-Clark Valley
viticultural area. The proposed
boundary modifications would decrease
the size of the approximately
11,370,320-acre Columbia Valley
viticultural area by approximately
57,020 acres. 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 these proposals.
DATES: TTB must receive your
comments on or before June 15, 2015.
ADDRESSES: Please send your comments
on this proposal to one of the following
addresses:
• https://www.regulations.gov (via the
online comment form for this document
as posted within Docket No. TTB–2015–
0005 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
200E, Washington, DC 20005.
See the Public Participation section of
this document for specific instructions
and requirements for submitting
comments, and for information on how
to request a public hearing or view or
obtain copies of the petition and
supporting materials.
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SUMMARY:
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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) authorizes the TTB to establish
definitive viticultural areas and regulate
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 the
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 the wine’s 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
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19901
by TTB of the wine produced in that
area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and provides that any interested party
may petition TTB to establish a grapegrowing 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. 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;
• 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.
Petitions to modify the boundary of
an existing AVA which would result in
a decrease in the size of an existing
AVA must include the following:
• An explanation of the extent to
which the current AVA name does not
apply to the excluded area;
• An explanation of how the
distinguishing features of the excluded
area are different from those within the
boundary of the smaller AVA; and
• An explanation of how the
boundary of the existing AVA was
incorrectly or incompletely defined or is
no longer accurate due to new evidence
or changed circumstances.
Petition To Establish the Lewis-Clark
Valley AVA and To Modify the
Boundary of the Columbia Valley AVA
TTB received a petition from Dr. Alan
Busacca, a licensed geologist and
founder of Vinitas Consultants, LLC, on
behalf of the Palouse-Lewis Clark Valley
Wine Alliance and the Clearwater
Economic Development Association.
The petition proposed to establish the
‘‘Lewis-Clark Valley’’ AVA and to
modify the boundary of the existing
‘‘Columbia Valley’’ AVA (27 CFR 9.74).
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The proposed Lewis-Clark Valley AVA
is located at the confluence of the Snake
River and the Clearwater River and
covers portions of Nez Perce, Lewis,
Clearwater, and Latah Counties in
northern Idaho and Asotin, Garfield,
and Whitman Counties in southeastern
Washington.
The proposed Lewis-Clark Valley
AVA contains approximately 306,650
acres and has 3 bonded wineries, as
well as 16 vineyards containing more
than 81 acres of grapes distributed
across the proposed AVA. According to
the petition, an additional 50 acres of
grapes are expected to be planted in the
next few years. The distinguishing
features of the proposed viticultural area
include its climate, topography, native
vegetation, and soils. Unless otherwise
noted, all information and data
contained in the sections below are from
the petition to establish the proposed
Lewis-Clark Valley AVA and to modify
the established Columbia Valley AVA.
A small portion of the proposed
Lewis-Clark Valley AVA overlaps the
southeastern corner of the established
Columbia Valley AVA. The proposed
Lewis-Clark Valley AVA does not
overlap any other established AVA. To
eliminate the potential overlap, the
petitioner proposed to modify the
boundary of the Columbia Valley AVA
so that the overlapping area would be
solely within the proposed Lewis-Clark
Valley AVA. The proposed
modifications would reduce the size of
the approximately 11,370,320-acre
Columbia Valley AVA boundary by
approximately 57,020 acres. One
vineyard, Arnett Vineyard, currently
exists within the area of the proposed
boundary modification. The vineyard
owners have provided TTB with a letter
supporting the establishment of the
proposed Lewis-Clark Valley AVA and
the proposed modification of the
Columbia Valley AVA boundary.
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Proposed Lewis-Clark Valley AVA
Name Evidence
The proposed Lewis-Clark Valley
AVA derives its name from the two
principle towns within the proposed
AVA: Lewiston, Idaho, and Clarkston,
Washington. The two towns, which face
each other across the Snake River, were
named in honor of Meriwether Lewis
and William Clark, who traveled
through the region of the proposed AVA
during their famous expedition of 1804–
1806. The petition included examples of
schools, businesses, and organizations
within the proposed AVA that bear the
names of Lewis and Clark, including
Lewis-Clark State College, Lewis-Clark
Terminal at the Port of Clarkston, Lewis-
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Clark Moose Lodge 75, Lewis-Clark
Metropolitan Appliance and TV Repair,
Lewis-Clark Credit Union, Lewis-Clark
Dental Clinic, and Lewis-Clark Auto
Sales.
The petition also included evidence
that the region of the proposed AVA is
known as the ‘‘Lewis-Clark Valley.’’ For
example, the Wikipedia entry for
‘‘Clarkston, Washington’’ states that the
town is located ‘‘in the Lewis-Clark
Valley at the confluence of the Snake
and Clearwater rivers.’’ 1 The Lewis
Clark Valley Chamber of Commerce
promotes tourism and economic
development within the region of the
proposed AVA. An organization called
Valley Vision has as its mission the
‘‘[c]ontinuous improvement of the
Lewis-Clark Valley’s business climate
* * * .’’ 2 The Web site LC Today,
which features news and activities in
the Lewiston-Clarkston region, offers a
listing of ‘‘60 Things To Do in the
Lewis-Clark Valley.’’ 3 A Web site
featuring real estate information for the
region of the proposed AVA is called
‘‘Lewis-Clark Valley Homes.’’ 4 The
telephone directory serving the region of
the proposed AVA is called the ‘‘LewisClark Valley Telephone Directory.’’ The
Lewis-Clark Valley Metropolitan
Planning Organization provides
transportation project planning for the
region. Finally, several organizations
within the proposed AVA have the
phrase ‘‘Lewis-Clark Valley’’ in their
names, including the Lewis-Clark Valley
Baptist Church, Family Promise of
Lewis-Clark Valley, the La Leche League
of the Lewis-Clark Valley, and the Boys
& Girls Club of the Lewis-Clark Valley.
Boundary Evidence
The proposed Lewis-Clark Valley
AVA consists mostly of canyon walls,
low plateaus, and bench lands formed
by the Snake and Clearwater Rivers.
Approximately 98 percent of the
proposed AVA’s boundary follows the
600-meter elevation line, and all the
land within the proposed AVA is below
that elevation. The 600-meter elevation
line was chosen because grapes do not
reliably ripen annually above that
elevation and, above that altitude,
temperatures fall low enough to kill the
varieties of Vitis vinifera (V. vinifera)
grapes that are grown within the
proposed AVA. TTB notes that the maps
used to draw the proposed boundary
show elevations in meters, and the
petition describes the elevations within
1 https://en.wikipedia.org/wiki/Clarkston,_
Washington.
2 www.lewis-clarkvalley.org/about/our-mission.
3 www.lctoday.com/tourism/valleyactivities.htm.
4 www.lcvalleyhomes.com.
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the proposed AVA and the surrounding
regions in terms of feet. Six hundred
meters corresponds to approximately
1,970 feet.
The regions outside the proposed
AVA generally have higher elevations
and colder temperatures than the
proposed AVA. To the north of the
proposed AVA is the high prairie region
known as the Palouse. The heavily
forested Bitterroot Mountains are
located to the east of the proposed AVA
boundary. The proposed southern
boundary separates the proposed AVA
from the Craig Mountains and from
Hells Gate State Park, which is not
available for commercial viticulture due
to its protected status as an Idaho State
park. Additionally, the southern
boundary was drawn to prevent the
proposed AVA from extending into
Oregon, which is less than 5 miles from
the southernmost proposed AVA
boundary but is not considered to be
part of the geographical region known as
the Lewis-Clark Valley. To the west and
southwest of the proposed AVA are the
Blue Mountains.
Distinguishing Features
The distinguishing features of the
proposed Lewis-Clark Valley AVA
include its climate, topography, native
vegetation, and soils.
Climate
Temperature: According to the
petition, the temperate climate of the
proposed Lewis-Clark Valley AVA is
well suited for growing wine grapes,
especially varieties of V. vinifera. The
warm temperatures of the proposed
AVA have earned the region the
nickname ‘‘banana belt of the Pacific
Northwest.’’ The table below, derived
from information submitted in support
of the petition, compares the average
annual temperature and growing degree
days 5 (GDDs) of the proposed LewisClark Valley AVA and the surrounding
regions. The data from the two weather
stations within the proposed AVA and
from the Moscow, Idaho, weather
station, approximately 32 miles north of
Lewiston, Idaho, was gathered during
the period from 2000 to 2009. The data
for the Bitterroot, Craig, and Blue
5 As a measurement of heat accumulation during
the grape-growing season, one degree day
accumulates for each degree Fahrenheit that a day’s
mean temperature is above 50 degrees, which is the
minimum temperature required for grapevine
growth. In the Winkler climate classification
system, heat accumulation as measured in growing
degree days (GDDs) per year defines climatic
regions. Climatic region I has less than 2,500 GDDs
per year; region II, 2,501 to 3,000; region III, 3,001
to 3,500; region IV, 3,501 to 4,000; and region V,
4,001 or more. See Albert J. Winkler, General
Viticulture (Berkeley: University of California Press,
1974), 61–64.
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Mountains consists of estimates
calculated by the petitioner based on
elevation, as there are no weather
stations located within these regions.
Average
annual
temperature
(degrees
fahrenheit)
Location (direction from proposed AVA)
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Lewiston Nez Perce weather station (within) ....................................................................................................
Dworshak Fish Hatchery (within) .......................................................................................................................
Moscow, ID (north) ............................................................................................................................................
Bitterroot Mountains (east) ................................................................................................................................
Craig Mountains (south) ....................................................................................................................................
Blue Mountains (west, southwest) .....................................................................................................................
According to the petition, the average
annual temperatures and GDD
accumulation that the proposed AVA
experiences are within the range
required for many varieties of wine
grapes to ripen reliably, including
Cabernet Franc, Cabernet Sauvignon,
Grenache, Malbec, Pinot noir, Syrah,
Pinot gris, Riesling, and Zinfandel, all of
which are grown within the proposed
AVA. By contrast, annual temperatures
and GDD accumulations that the
surrounding regions experience are too
cold to support most viticulture,
particularly varieties of V. vinifera,
which require at least 2,000 GDDs to
ripen successfully. As evidence, the
petition notes that Washington State
University in Pullman, located in the
Palouse region approximately 30 miles
northwest of Lewiston, Washington, has
had a vigorous wine grape research
program for the past 12 years but has yet
to succeed in propagating and
maintaining research vineyards due to
the cold temperatures.
The petition also included the CoolClimate Viticulture Suitability Index
(CCVSI) statistics that were available
from the two weather stations located
within the proposed AVA and the
station in Moscow, Idaho. The CCVSI is
the number of days between the last
spring temperature below 29 degrees
Fahrenheit and the first fall temperature
below 29 degrees Fahrenheit. Within the
proposed AVA, the CCVSI for the
Lewiston Nez Perce station was 234.2
and the CCVSI for the Dworshak Fish
Hatchery was 225.2. By contrast, the
CCVSI for the Moscow station was
159.5, which means the region north of
the proposed AVA has a growing season
that is approximately 2 months shorter
than that of the proposed AVA. The
significantly shorter growing season in
the Palouse region does not allow
sufficient time for wine grapes to ripen
reliably, particularly the varieties of V.
vinifera grown within the proposed
AVA.
Precipitation: The proposed LewisClark Valley AVA receives less rainfall
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19903
53.4
51.6
47.6
40
45
42
Average growing
season GDD
accumulation
3,036
2,613
1,796
1,000–1,500
1,500–1,700
1,000–1,500
annually than the surrounding regions.
The following table is derived from data
submitted in support of the petition and
compares the annual precipitation
amounts within the proposed AVA to
those of the surrounding areas.
Precipitation data from the two weather
stations within the proposed AVA and
from the Moscow, Idaho, station was
gathered during 2000 to 2009. The data
for the Bitterroot, Craig, and Blue
Mountains was calculated using the
data mapping system of the PRISM
Climate Group at Oregon State
University.6
Location (direction from
proposed AVA)
Lewiston Nez Perce weather
station (within) ...................
Dworshak Fish Hatchery
(within) ...............................
Moscow, Idaho (north) ..........
Bitterroot Mountains (east) ...
Craig Mountains (south) .......
Blue Mountains (west, southwest) ..................................
summer droughts is that grape growers
do not have to be concerned about
excessive water damaging the roots of
the vines. Although growing season
precipitation amounts are very small,
the petition states that viticulture is able
to thrive within the proposed AVA
because the winter rains are sufficient to
‘‘fill the soil profile,’’ assuring adequate
amounts of soil moisture necessary for
bud break and fruit set early in the
growing season. By mid-June, the soil is
dry enough to induce mild water stress
on the vines and slow the growth of
canes and leaves, allowing the vines to
put their energy into fruit production.
Annual
Vineyard managers can then control the
precipitation
amount of water added to the soil via
amounts
drip irrigation, ensuring that the vines
(inches)
receive enough water to survive but not
so much as to promote overly vigorous
11.3 cane or leaf growth or root rot.
Topography
The topography of the proposed
Lewis-Clark Valley AVA includes bench
lands, low plateaus, and steeply sloping
25–50 canyon walls. Although the proposed
AVA is often referred to as a ‘‘valley’’
because its elevations are lower than
The proposed AVA’s location to the
those of the surrounding regions, the
east of the Blue Mountains is the
landscape has been cut into such steep
primary factor behind its low
and deep V-notched canyons by the
precipitation amounts. The Blue
Snake and Clearwater Rivers and their
Mountains, which rise to elevations
over 6,000 feet, intercept storms carried tributaries that almost none of the AVA
consists of the broad floodplains
on the westerly jet stream and prevent
typically associated with valley floors.
them from entering the proposed AVA.
According to the petition, the lack of
Most of the annual precipitation within
floodplains within the proposed AVA is
the proposed AVA occurs between
beneficial to viticulture because
November and May, and the region
floodplains often have high water tables
experiences a prolonged summer
that limit vine root depth. Floodplains
drought. One viticultural benefit of
are also susceptible to cold-air pooling
6 The Parameter-elevation Relationships on
that can damage new growth and delay
Independent Slopes Model (PRISM) climate data
fruit maturation.
mapping system combined climate normals
Elevations within the proposed
gathered from weather stations, along with other
Lewis-Clark Valley AVA range from
factors such as elevation, longitude, slope angles,
approximately 740 feet along the Snake
and solar aspect to estimate the general climate
patterns for the proposed AVA and the surrounding
and Clearwater Rivers to approximately
regions. Climate normals are only calculated every
1,970 feet along most of the proposed
10 years, using 30 years of data, and at the time the
AVA’s boundary. The average elevation
petition was submitted, the most recent climate
within the proposed AVA is 1,200 feet.
normals available were from the period of 1971–
2000.
According to a table included in the
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22.7
25.1
40–70
20–35
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petition, the vineyards within the
proposed AVA are planted at elevations
between 815 and 1,850 feet. The
petition states that at elevations above
approximately 1,970 feet, growing
season temperatures are too cold to
support reliable ripening of V. vinifera
and winter freezes can be hard enough
to kill dormant vines.
The topography of the surrounding
regions is different from that of the
proposed Lewis-Clark Valley AVA. To
the north, the Palouse is dominated by
rounded, gently rolling hills and
elevations ranging from approximately
1,000 feet to 2,800 feet, with an average
elevation of 2,200 feet. To the east,
south, west, and southwest of the
proposed AVA are high, rugged
mountains cut by deep canyons.
Elevations in the Bitterroot Mountains,
east of the proposed AVA, range from
3,000 feet to 10,150 feet and average
approximately 6,000 feet. To the south,
the Craig Mountains range from 2,500
feet to over 5,100 feet and average
approximately 3,000 feet. To the west
and southwest, the Blue Mountains
range from 2,500 feet to over 6,300 feet
with an average elevation of
approximately 4,000 feet.
Native Vegetation
The native vegetation of the canyon
walls, plateaus, terraces, and benches of
the proposed Lewis-Clark Valley AVA
consists of low shrubs and perennial
grasses that have deep masses of fine
roots. Although some portions of the
eastern half of the proposed AVA are
sparsely forested, the understory of the
forested regions is covered with
perennial grasses. The petition states
that the decomposition of the grasses
and their roots over the years has
contributed to the formation of nutrientrich soils within the proposed AVA that
are high in the organic materials that
promote healthy vine growth.
Likewise, to the north of the proposed
AVA, the native vegetation of the
Palouse consists primarily of perennial
grasses. However, most of the native
vegetation of the Palouse was cleared in
the late 19th and early 20th centuries for
large-scale agricultural purposes, such
as wheat production, which continue to
this day. To the east, south, and west of
the proposed AVA, the Bitterroot, Craig,
and Blue Mountains are covered with
conifer forests. The understories of these
conifer forests are typically covered
with pine needle litter instead of
perennial grasses. The pine needle litter
remains on the surface of the soil,
unlike the root masses of perennial
grasses. Therefore, the organic material
released by the decaying pine needle
litter does not mix as deeply into the
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soil as the material released by decaying
grass roots. As a result, the soils of the
mountainous regions are not as high in
organic material and nutrients as the
soils within the proposed AVA.
Soils
There are approximately 88 different
soil types within the proposed LewisClark Valley AVA. However,
approximately 95 percent of the soil
types within the proposed AVA belong
to the Mollisols soil order. Soils from
this order are comprised primarily of
decomposed perennial grasses and grass
roots and contain a high level of organic
matter in the form of humus. The
humus accumulates within the soil,
rather than just in a layer on top of the
soil, due to the decomposition of the
dense masses of grass roots. The high
levels of organic matter in the soils
provide an ample supply of nutrients for
vineyards. Most of the cultivated
Mollisols soils within the proposed
AVA also contain loess, which is
comprised of fine-grained particles of
nutrient-rich silt that were deposited by
wind.
The soils within the proposed AVA
are generally thin, having been eroded
over the years by the Snake and
Clearwater Rivers and their tributaries.
As a result, the soils average less than
6 feet in depth before reaching a
restrictive subsurface, such as bedrock.
The shallowness of the soils limits the
depths of roots and prevents overly
vigorous cane and leaf development.
According to the petition, the
Mollisols soils within the proposed
AVA have the highest available water
holding capacity (AWC) of any known
soil texture class. AWC is the ability of
soil to store rainfall and irrigation water.
The soils within the proposed AVA can
store approximately 2.4 inches of water
per foot of soil. In regions that receive
high amounts of annual rainfall, soils
with high AWC may not be suitable for
viticulture because excessive amounts
of stored water promote root rot,
mildew, and fungal diseases. However,
because the proposed AVA has very low
annual rainfall amounts and receives
most of its rainfall outside the growing
season, the amount of water stored in
the soil is not excessive and does not
pose a risk to the health of the vines.
The soils of the surrounding regions
differ from those of the proposed LewisClark Valley AVA. To the north, the
soils of the Palouse are also loessderived Mollisols, but the soils reach
depths of up to 12 feet, which is much
deeper than the soil depth of the
proposed AVA. In the mountainous
regions to the east, south, west, and
southwest of the proposed AVA, the
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soils also are deeper than within the
proposed AVA. Even though the
surrounding mountain slopes are steep,
the soils have not eroded like the soils
of the proposed AVA because the dense
conifer forests have held much of the
soil in place. Soils in the regions to the
east, south, west, and southwest of the
proposed AVA are mostly of the
Andisols order and are derived from
volcanic ash and other material
produced by volcanic eruptions. Unlike
the Mollisols of the proposed AVA,
Andisols soils contain only small
amounts of organic matter because the
humus is derived from the
decomposition of leaf litter resting on
the soil’s surface, rather than from
masses of grass roots decomposing deep
within the soil.
Summary of Distinguishing Features
In summary, the climate, topography,
native vegetation, and soils of the
proposed Lewis-Clark Valley AVA
distinguish it from the surrounding
areas. In all directions outside the
proposed AVA, the temperatures are
cooler, the growing degree day
accumulations are smaller, rainfall is
higher, and the elevations are higher.
The steep canyon walls, plateaus, and
bench lands of the proposed AVA are
different from the rounded, rolling hills
of the Palouse region to the north and
the rugged Bitterroot, Craig, and Blue
Mountains that surround the proposed
AVA to the east, south, and west.
Perennial grasses and shrubs are the
primary vegetation within the proposed
AVA, whereas the majority of the native
vegetation to the north of the proposed
AVA has been cleared for agricultural
purposes, and the regions to the east,
south, and west are covered with
coniferous forests. Finally, the soils of
the proposed Lewis-Clark Valley AVA
are thin, loess-derived Mollisols soils,
which are shallower than the Mollisols
soils of the Palouse region to the north
and distinct from the volcanic Andisols
soils found to the east, south, and west.
Proposed Modification of the Columbia
Valley AVA
As previously noted, the petitioner
requested a modification of the
boundary of the established Columbia
Valley AVA. The Columbia Valley AVA
is located in central and eastern
Washington and northern Oregon. The
proposed Lewis-Clark Valley AVA
spans the Idaho-Washington border and,
as proposed, would partially overlap the
southeastern corner of the Columbia
Valley AVA near the communities of
Clarkston, Vineland, and Asotin,
Washington. The proposed boundary
modifications would reduce the size of
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the Columbia Valley AVA by
approximately 57,020 acres
(approximately 0.5 percent) and would
eliminate the potential overlap between
the proposed AVA and the existing
AVA.
If the boundary modification is
approved, the area of the potential
overlap would be included exclusively
within the proposed Lewis-Clark Valley
AVA. Wines produced primarily from
grapes grown within the removed region
would no longer be eligible for labeling
with the ‘‘Columbia Valley’’ appellation.
There is currently one vineyard, Arnett
Vineyard, within the region of the
proposed boundary modification. The
petition included a letter of support
from the owners of that vineyard, stating
their support for the proposed Columbia
Valley AVA boundary modification and
the establishment of the proposed
Lewis-Clark Valley AVA.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Overview of the Columbia Valley AVA
The 11,370,320-acre Columbia Valley
AVA was established by T.D. ATF–190,
which was published in the Federal
Register on November 13, 1984 (49 FR
44897), and codified at 27 CFR 9.74.
The Columbia Valley AVA is a large,
treeless 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 between 150 and 204
days and annual rainfall of less than 15
inches. The topography of the AVA is
characterized by its broadly undulating
hills cut by rivers and broken by sloping
basaltic uplifts.
T.D. ATF–190 made no comparisons
of the Columbia Valley AVA to the area
identified in this proposed rule as the
Idaho portion of the proposed LewisClark Valley AVA.
Comparison of Distinguishing Features
Within the Proposed Realignment Area
to the Columbia Valley AVA
The region of the proposed boundary
modification is located in the
southeastern portion of the Columbia
River Valley AVA, along the Snake
River and near the towns of Clarkson,
Vineland, and Asotin, Washington. The
petition emphasizes that the region
proposed to be removed from the
Columbia Valley AVA (hereinafter
referred to as the proposed realignment
area) has topography and soils that are
more similar to those of the proposed
Lewis-Clark AVA than to those of the
existing AVA.
The topography of the proposed
realignment area is consistent with that
of the proposed Lewis-Clark Valley
AVA. The average elevation of both the
proposed realignment area and the
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proposed Lewis-Clark Valley AVA is
1,200 feet, which is higher than the
Columbia Valley AVA’s average
elevation of 700 feet. The proposed
realignment area, like the proposed
Lewis-Clark Valley AVA, consists of
steep, V-shaped canyons, low plateaus,
and bench lands along the Snake River
and its tributaries. By contrast, the
majority of the Columbia Valley AVA is
a broad basin with a gently rolling
surface. The petition notes that the
Columbia River Valley AVA contains
rugged, canyon-like coulees and broad,
flat-floored ‘‘channeled scablands.’’
However, the coulees and scablands
were created by cataclysmic glacial
floods from the ancient Lake Missoula,
whereas the canyon of the proposed
realignment area and the proposed AVA
was carved over time by the flow of the
Snake River. The coulees and scablands
also are generally shallower and have
broad, flat floors, as compared to the
deep, steeply-sloped V-shaped canyons
and narrow valley floors of the proposed
realignment area and the proposed
Lewis-Clark Valley AVA.
The soils of the proposed realignment
area also are different from the soils of
the Columbia Valley AVA. Within the
proposed realignment area, most of the
soils are from the Mollisols order, as are
the soils within the proposed LewisClark Valley AVA. By contrast,
approximately 80 percent of Columbia
Valley AVA soils are Aridisols and
Entisols. Aridisols and Entisols soils
generally contain less than 1 percent
organic matter, compared to the humusrich soils of the Mollisols order.
Aridisols and Entisols soils also
generally have lower water-holding
capacities due to their coarse or gravelly
textures, whereas the loamy Mollisols
soils of both the proposed realignment
area and proposed AVA have greater
water-holding capacities. Finally,
Aridisols and Entisols soils are
generally alkaline, compared to the
slightly acidic Mollisols soils. Although
the petition states that some Mollisols
soils exist within the Columbia Valley
AVA, they generally occur at high
elevations that are too cold to support
V. vinifera.
In addition to the physical features
that distinguish the proposed
realignment area from the Columbia
Valley AVA and unite it with the
proposed Lewis-Clark Valley AVA, the
petition included evidence that the
proposed realignment area is strongly
associated with the name ‘‘Lewis-Clark
Valley,’’ rather than the ‘‘Columbia
Valley’’ name. For example, three of the
businesses in the ‘‘Name Evidence’’
section of this proposed rule (the LewisClark Terminal, Lewis-Clark Credit
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Union, and Lewis-Clark Dental Clinic)
are located within the proposed
realignment area. Additionally, all of
the organizations listed in the ‘‘Name
Evidence’’ section serve residents of the
proposed AVA as well as the proposed
realignment area, further demonstrating
that the proposed realignment area is
strongly associated with the region
known as the Lewis-Clark Valley.
TTB Determination
TTB concludes that the petition to
establish the approximately 306,650acre ‘‘Lewis-Clark Valley’’ American
viticultural area and to concurrently
modify the boundary of the existing
Columbia Valley AVA merits
consideration and public comment, as
invited in this document.
TTB is proposing the establishment of
the new viticultural area and the
modification of the existing AVA as one
action. Accordingly, if TTB establishes
the proposed Lewis-Clark Valley AVA,
then the proposed boundary
modification of the Columbia Valley
AVA would be approved concurrently.
If TTB does not establish the proposed
Lewis-Clark Valley AVA, then the
present Columbia Valley AVA boundary
would not be modified as proposed in
this document.
Boundary Description
See the narrative description of the
boundary of the petitioned-for AVA and
the boundary modification of the
established AVA in the proposed
regulatory text published at the end of
this document.
Maps
The petitioner provided the required
maps, and TTB lists them 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 viticultural
area, its name, ‘‘Lewis-Clark Valley,’’
would be recognized as a name of
viticultural significance under
§ 4.39(i)(3) of the TTB regulations (27
CFR 4.39(i)(3)). The text of the proposed
regulation clarifies this point.
If this proposed regulatory text is
adopted as a final rule, wine bottlers
using ‘‘Lewis-Clark Valley’’ 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’s
full name ‘‘Lewis-Clark Valley’’ as an
appellation of origin. If approved, the
establishment of the proposed Lewis-
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Clark Valley AVA and the proposed
modification of the Columbia Valley
AVA boundary would allow vintners to
use ‘‘Lewis-Clark Valley’’ as
appellations of origin for wines made
from grapes grown within the LewisClark Valley AVA, if the wines meet the
eligibility requirements for the
appellation.
Use of ‘‘Columbia Valley’’ as an
Appellation of Origin
If the proposed Lewis-Clark Valley
AVA and the corresponding
modification of the Columbia Valley
AVA boundary are approved, bottlers
currently using ‘‘Columbia Valley’’ as an
appellation of origin for wine produced
primarily from grapes grown in the area
removed from the Columbia Valley AVA
would no longer be able to use
‘‘Columbia Valley’’ as an appellation of
origin, but could use the term ‘‘LewisClark Valley’’ in the brand name if
otherwise eligible. See the ‘‘Transition
Period’’ section of this document for
more details.
Bottlers currently using ‘‘Columbia
Valley’’ as an appellation of origin or in
a brand name for wine produced from
grapes grown within the current, and if
modified, Columbia Valley AVA would
still be eligible to use the term as an
appellation of origin or in a brand name.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Transition Period
If the proposals to establish the LewisClark Valley AVA and to modify the
boundary of the Columbia Valley AVA
are adopted as a final rule, a transition
rule will apply to labels for wines
produced from grapes grown in the area
removed from the Columbia Valley
AVA. A label containing the words
‘‘Columbia Valley’’ in the brand name or
as an appellation of origin may be used
on wine bottled within two years from
the effective date of the final rule,
provided that such label was approved
prior to the effective date of the final
rule and that the wine conforms to the
standards for use of the label set forth
in 27 CFR 4.25 or 4.39(i) in effect prior
to the final rule. At the end of this twoyear transition period, if a wine is no
longer eligible for labeling with the
‘‘Columbia Valley’’ AVA name (e.g., it is
primarily produced from grapes grown
in the area removed from the Columbia
Valley AVA), then a label containing the
words ‘‘Columbia Valley’’ in the brand
name or as an appellation of origin
would not be permitted on the bottle.
TTB believes that the two-year period
should provide affected label holders
with adequate time to use up any
existing labels. This transition period is
described in the proposed regulatory
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text for the Columbia Valley AVA
published at the end of this notice.
TTB notes that wine eligible for
labeling with the ‘‘Columbia Valley’’
AVA name under the proposed new
boundary of the Columbia Valley AVA
will not be affected by this two-year
transition period. Furthermore, if TTB
does not approve the proposed
boundary modification, then all wine
label holders currently eligible to use
the ‘‘Columbia Valley’’ AVA name
would be allowed to continue to use
their labels as originally approved.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether TTB
should establish the proposed LewisClark Valley AVA and concurrently
modify the boundary of the established
Columbia Valley AVA. TTB is interested
in receiving comments on the
sufficiency and accuracy of the name,
boundary, climate, topography, soils,
and other required information
submitted in support of the Lewis-Clark
Valley AVA petition. Please provide any
available specific information in
support of your comments.
TTB also invites comments on the
proposed modification of the existing
Columbia Valley AVA. TTB is
especially interested in comments on
whether the evidence provided
sufficiently differentiates the proposed
realignment area from the existing
Columbia Valley AVA. Comments
should address the name usage,
boundaries, climate, topography, soils,
and any other pertinent information that
supports or opposes the proposed
boundary modification.
Because of the potential impact of the
establishment of the proposed LewisClark Valley AVA on wine labels that
include the term ‘‘Lewis-Clark Valley,’’
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 area
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 also is interested in
receiving suggestions for ways to avoid
conflicts, for example, by adopting a
modified or different name for the AVA.
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Submitting Comments
You may submit comments on this
proposal by using one of the following
three methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this
document within Docket No. TTB–
2015–0005 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 149 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 at the top of the page.
• 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
document. Your comments must
reference Notice No. 149 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. We do not acknowledge
receipt of comments, and we consider
all comments as originals.
Your comment must clearly state if
you are commenting on your own behalf
or on behalf of an organization,
business, or other entity. If you are
commenting on behalf of an
organization, business, or other 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, please
submit your entity’s comment on
letterhead.
You also may 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
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and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Public Disclosure
TTB will post, and you may view,
copies of this document, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2015–
0005 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. 149.
You also may reach the relevant docket
through the Regulations.gov search page
at https://www.regulations.gov. For
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab at the top of the page.
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 it considers unsuitable
for posting.
You also may view copies of this
document, all related petitions, maps
and other supporting materials, and any
electronic or mailed comments we
receive about this proposal by
appointment at the TTB Information
Resource Center, 1310 G Street NW.,
Washington, DC 20005. You also may
obtain copies at 20 cents per 8.5- x 11inch page. Please note that TTB is
unable to provide copies of USGS maps
or other similarly-sized documents that
may be included as part of the AVA
petition. Contact our 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
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area 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
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Executive Order 12866 of September 30,
1993. Therefore, it requires no
regulatory assessment.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this
document.
List of Subjects in 27 CFR Part 9
Wine.
For the reasons discussed in the
preamble, we propose 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. Amend § 9.74 by revising paragraph
(b) and paragraphs (c)(38) through
(c)(40) and by adding paragraph (d) to
read as follows:
■
§ 9.74
Columbia Valley.
*
*
*
*
*
(b) Approved maps. The approved
maps for determining the boundary of
the Columbia Valley viticultural area are
nine 1:250,000 scale U.S.G.S. maps and
one 1:100,000 (metric) scale U.S.G.S.
map. They are entitled:
(1) Concrete, Washington, U.S.;
British Columbia, Canada, edition of
1955, limited revision 1963;
(2) Okanogan, Washington, edition of
1954, limited revision 1963;
(3) Pendleton, Oregon, Washington,
edition of 1954, revised 1973;
(4) Pullman, Washington, Idaho,
edition of 1953, revised 1974;
(5) Clarkston, Washington, Idaho,
Oregon, 1:100,000 (metric) scale, edition
of 1981;
(6) Ritzville, Washington, edition of
1953, limited revision 1965;
(7) The Dales, Oregon, Washington,
edition of 1953, revised 1971;
(8) Walla Walla, Washington, Oregon,
edition of 1953, limited revision 1963;
(9) Wenatchee, Washington, edition of
1957, revised 1971; and
(10) Yakima, Washington, edition of
1958, revised 1971.
(c) * * *
(38) Then south following the
Washington–Idaho State boundary on
the 1:100,000 (metric) scale Clarkston,
Washington, Idaho, Oregon map to the
600-meter elevation contour along the
eastern boundary of section 9, R. 46 E./
T. 11 N.; and then generally west
following the meandering 600-meter
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19907
contour to the eastern boundary of
section 17, R. 45E./T. 11N.; then south
following the eastern boundary of
section 17 to the southern boundary of
section 17; and then west following the
southern boundaries of sections 17 and
18 to the Asotin–Garfield county line in
section 19, R. 45E./T. 11N.;
(39) Then south following the
Garfield–Asotin county line to the 600meter elevation contour; then following
generally west and south in a
counterclockwise direction along the
meandering 600-meter elevation contour
to Charley Creek in section 4, R. 44 E./
T. 9 N.; and then west following Charley
Creek on to the township line between
R. 42 E. and R. 43 E.;
(40) Then north following the
township line between R. 42 E. and R.
43 E. on the 1:250,000 scale ‘‘Pullman,
Washington, Idaho’’ map to Washington
Highway 128 at Peola;
*
*
*
*
*
(d) Transition period. A label
containing the words ‘‘Columbia
Valley’’ in the brand name or as an
appellation of origin approved prior to
[EFFECTIVE DATE OF THE FINAL
RULE] may be used on wine bottled
before [DATE 2 YEARS FROM
EFFECTIVE DATE OF THE FINAL
RULE] if the wine conforms to the
standards for use of the label set forth
in § 4.25 or § 4.39(i) of this chapter in
effect prior to [EFFECTIVE DATE OF
THE FINAL RULE].
■ 3. Add § 9.___to read as follows:
§ 9.___
Lewis-Clark Valley.
(a) Name. The name of the viticultural
area described in this section is ‘‘LewisClark Valley’’. For purposes of part 4 of
this chapter, ‘‘Lewis-Clark Valley’’ is a
term of viticultural significance.
(b) Approved maps. The three United
States Geographical Survey (USGS)
1:100,000 (metric) scale topographic
maps used to determine the boundary of
the Lewis-Clark Valley viticultural area
are titled:
(1) Clarkston, Wash.–Idaho–Oregon,
1981;
(2) Orofino, Idaho–Washington, 1981;
and
(3) Potlatch, Idaho, 1981.
(c) Boundary. The Lewis-Clark Valley
viticultural area is located in Nez Perce,
Lewis, Clearwater, and Latah Counties,
Idaho, and Asotin, Garfield, and
Whitman Counties, Washington. The
boundary of the Lewis-Clark Valley
viticultural area is as follows:
(1) The beginning point is located on
the Clarkston map in Washington State
along the Garfield–Asotin County line at
the southwest corner of section 18,
T11N/R45E. From the beginning point,
proceed east along the southern
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boundary line of section 18, crossing
over the Snake River, and continue
along the southern boundary line of
section 17, T11N/R45E, to the southeast
corner of section 17; then
(2) Proceed north along the eastern
boundary line of section 17 to the 600meter elevation contour; then
(3) Proceed generally east-northeast
along the meandering 600-meter
elevation contour, crossing into Idaho
and onto the Orofino map, then
continue to follow the elevation contour
in an overall clockwise direction,
crossing back and forth between the
Orofino and Clarkston maps and finally
onto the Potlatch map, and then
continuing to follow the 600-meter
elevation contour in a clockwise
direction to the elevation contour’s
intersection with the southern boundary
line of section 1, T37N/R1W, on the
Potlatch map, north of the Nez Perce
Indian Reservation boundary and west
of the Dworshak Reservoir (North Fork
of the Clearwater River) in Clearwater
County, Idaho; then
(4) Cross the Dworshak Reservoir
(North Fork of the Clearwater River) by
proceeding east along the southern
boundary line of section 1, T37N/R1E,
to the southeastern corner of section 1;
then by proceeding north along the
eastern boundary line of section 1 to the
southwest corner of section 6, T37N/
R2E; and then by proceeding east along
the southern boundary line of section 6
to the 600-meter elevation contour; then
(5) Proceed generally east initially,
then generally south, and then generally
southeast along the meandering 600meter elevation contour, crossing onto
the Orofino map, and then continuing to
follow the elevation contour in an
overall clockwise direction, crossing
back and forth between the Orofino and
Potlatch maps, to the eastern boundary
of section 13, T35N/R2E, on the Orofino
map in Clearwater County, Idaho; then
(6) Proceed south along the eastern
boundary of section 13, T35N/R2E, to
the southeastern corner of section 13,
T35N/R2E, northeast of Lolo Creek; then
(7) Proceed west along the southern
boundary line of section 13, T35N/R2E,
to the Clearwater–Idaho County line in
the middle of Lolo Creek; then
(8) Proceed generally west-northwest
along the Clearwater–Idaho County line
(concurrent with Lolo Creek) to the
Lewis County line at the confluence of
Lolo Creek and the Clearwater River;
then
(9) Proceed generally south along the
Lewis–Idaho County line (concurrent
with the Clearwater River) to the
northern boundary line of section 23,
T35N/R2E; then
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(10) Proceed west along the northern
boundary line of section 23, T35N/R2E,
to the 600-meter elevation contour; then
(11) Proceed generally northwest
along the meandering 600-meter
elevation contour, crossing onto the
Potlatch map and then back onto the
Orofino map and continuing generally
southwest along the 600-meter elevation
contour to the common T32N/T31N
township boundary line along the
southern boundary line of section 35,
T32N/R5W, south of Chimney Creek (a
tributary of the Snake River) in Nez
Perce County, Idaho; then
(12) Proceed west along the common
T32N/T31N township boundary line,
crossing Chimney Creek, to the Idaho–
Washington State line (concurrent with
the Nez Perce–Asotin County line) at
the center of the Snake River; then
(13) Proceed generally southeast along
the Idaho–Washington State line in the
Snake River to the northern boundary
line of section 29, T31N/R5W; then
(14) Proceed west along the northern
boundary line of section 29, T31N/R5W,
to the 600-meter elevation contour,
northeast of Lime Hill in Asotin County,
Washington; then
(15) Proceed generally west and then
generally south-southwest along the
meandering 600-meter elevation contour
to the southern boundary line of section
25, T7N/R46E; then
(16) Proceed west along the southern
boundary lines of section 25 and 26,
crossing onto the Clarkston map, and
continuing along the southern boundary
lines of section 26 to the 600-meter
elevation contour west of Joseph Creek;
then
(17) Proceed southeast along the
meandering 600-meter elevation contour
to the western boundary line of section
34, T7N/R46E; then
(18) Proceed north along the western
boundary lines of sections 34 and 27,
T7N/R46E, crossing over the Grande
Ronde River, to the 600-meter elevation
contour; then
(19) Proceed generally northeast along
the meandering 600-meter elevation
contour and continue along the 600meter elevation contour in a clockwise
direction, crossing back and forth
between the Clarkston and Orofino
maps, until, on the Clarkston map, the
600-meter elevation line intersects the
Garfield–Asotin County line for the
third time along the western boundary
of section 19, T11N/R45E; and then
(20) Proceed north along the Garfield–
Asotin County line, returning to the
beginning point.
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Signed: April 7, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015–08501 Filed 4–13–15; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2015–0006; Notice No.
150]
RIN 1513–AC18
Proposed Establishment of the Eagle
Foothills Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 49,815-acre
‘‘Eagle Foothills’’ viticultural area in
Gem and Ada Counties in Idaho. The
proposed viticultural area lies entirely
within the Snake River 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
June 15, 2015.
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–2015–0006 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 or view or obtain
copies of the petition and supporting
materials.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
E:\FR\FM\14APP1.SGM
14APP1
Agencies
[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Proposed Rules]
[Pages 19901-19908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08501]
[[Page 19901]]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2015-0005; Notice No. 149]
RIN 1513-AC14
Proposed Establishment of the Lewis-Clark Valley Viticultural
Area and Realignment of the Columbia Valley 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 306,650-acre ``Lewis-Clark Valley''
viticultural area in portions of Nez Perce, Lewis, Clearwater and Latah
Counties in Idaho and Asotin, Garfield, and Whitman Counties in
Washington. TTB also proposes to modify the boundary of the existing
Columbia Valley viticultural area to eliminate a potential overlap with
the proposed Lewis-Clark Valley viticultural area. The proposed
boundary modifications would decrease the size of the approximately
11,370,320-acre Columbia Valley viticultural area by approximately
57,020 acres. 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 these
proposals.
DATES: TTB must receive your comments on or before June 15, 2015.
ADDRESSES: Please send your comments on this proposal to one of the
following addresses:
https://www.regulations.gov (via the online comment form
for this document as posted within Docket No. TTB-2015-0005 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 200E, Washington, DC
20005.
See the Public Participation section of this document for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing or view or obtain copies
of the petition and supporting materials.
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) authorizes the TTB to
establish definitive viticultural areas and regulate 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 the 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 the
wine's 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 (27 CFR 4.25(e)(2))
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.
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;
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.
Petitions to modify the boundary of an existing AVA which would
result in a decrease in the size of an existing AVA must include the
following:
An explanation of the extent to which the current AVA name
does not apply to the excluded area;
An explanation of how the distinguishing features of the
excluded area are different from those within the boundary of the
smaller AVA; and
An explanation of how the boundary of the existing AVA was
incorrectly or incompletely defined or is no longer accurate due to new
evidence or changed circumstances.
Petition To Establish the Lewis-Clark Valley AVA and To Modify the
Boundary of the Columbia Valley AVA
TTB received a petition from Dr. Alan Busacca, a licensed geologist
and founder of Vinitas Consultants, LLC, on behalf of the Palouse-Lewis
Clark Valley Wine Alliance and the Clearwater Economic Development
Association. The petition proposed to establish the ``Lewis-Clark
Valley'' AVA and to modify the boundary of the existing ``Columbia
Valley'' AVA (27 CFR 9.74).
[[Page 19902]]
The proposed Lewis-Clark Valley AVA is located at the confluence of the
Snake River and the Clearwater River and covers portions of Nez Perce,
Lewis, Clearwater, and Latah Counties in northern Idaho and Asotin,
Garfield, and Whitman Counties in southeastern Washington.
The proposed Lewis-Clark Valley AVA contains approximately 306,650
acres and has 3 bonded wineries, as well as 16 vineyards containing
more than 81 acres of grapes distributed across the proposed AVA.
According to the petition, an additional 50 acres of grapes are
expected to be planted in the next few years. The distinguishing
features of the proposed viticultural area include its climate,
topography, native vegetation, and soils. Unless otherwise noted, all
information and data contained in the sections below are from the
petition to establish the proposed Lewis-Clark Valley AVA and to modify
the established Columbia Valley AVA.
A small portion of the proposed Lewis-Clark Valley AVA overlaps the
southeastern corner of the established Columbia Valley AVA. The
proposed Lewis-Clark Valley AVA does not overlap any other established
AVA. To eliminate the potential overlap, the petitioner proposed to
modify the boundary of the Columbia Valley AVA so that the overlapping
area would be solely within the proposed Lewis-Clark Valley AVA. The
proposed modifications would reduce the size of the approximately
11,370,320-acre Columbia Valley AVA boundary by approximately 57,020
acres. One vineyard, Arnett Vineyard, currently exists within the area
of the proposed boundary modification. The vineyard owners have
provided TTB with a letter supporting the establishment of the proposed
Lewis-Clark Valley AVA and the proposed modification of the Columbia
Valley AVA boundary.
Proposed Lewis-Clark Valley AVA
Name Evidence
The proposed Lewis-Clark Valley AVA derives its name from the two
principle towns within the proposed AVA: Lewiston, Idaho, and
Clarkston, Washington. The two towns, which face each other across the
Snake River, were named in honor of Meriwether Lewis and William Clark,
who traveled through the region of the proposed AVA during their famous
expedition of 1804-1806. The petition included examples of schools,
businesses, and organizations within the proposed AVA that bear the
names of Lewis and Clark, including Lewis-Clark State College, Lewis-
Clark Terminal at the Port of Clarkston, Lewis-Clark Moose Lodge 75,
Lewis-Clark Metropolitan Appliance and TV Repair, Lewis-Clark Credit
Union, Lewis-Clark Dental Clinic, and Lewis-Clark Auto Sales.
The petition also included evidence that the region of the proposed
AVA is known as the ``Lewis-Clark Valley.'' For example, the Wikipedia
entry for ``Clarkston, Washington'' states that the town is located
``in the Lewis-Clark Valley at the confluence of the Snake and
Clearwater rivers.'' \1\ The Lewis Clark Valley Chamber of Commerce
promotes tourism and economic development within the region of the
proposed AVA. An organization called Valley Vision has as its mission
the ``[c]ontinuous improvement of the Lewis-Clark Valley's business
climate * * * .'' \2\ The Web site LC Today, which features news and
activities in the Lewiston-Clarkston region, offers a listing of ``60
Things To Do in the Lewis-Clark Valley.'' \3\ A Web site featuring real
estate information for the region of the proposed AVA is called
``Lewis-Clark Valley Homes.'' \4\ The telephone directory serving the
region of the proposed AVA is called the ``Lewis-Clark Valley Telephone
Directory.'' The Lewis-Clark Valley Metropolitan Planning Organization
provides transportation project planning for the region. Finally,
several organizations within the proposed AVA have the phrase ``Lewis-
Clark Valley'' in their names, including the Lewis-Clark Valley Baptist
Church, Family Promise of Lewis-Clark Valley, the La Leche League of
the Lewis-Clark Valley, and the Boys & Girls Club of the Lewis-Clark
Valley.
---------------------------------------------------------------------------
\1\ https://en.wikipedia.org/wiki/Clarkston,_Washington.
\2\ www.lewis-clarkvalley.org/about/our-mission.
\3\ www.lctoday.com/tourism/valleyactivities.htm.
\4\ www.lcvalleyhomes.com.
---------------------------------------------------------------------------
Boundary Evidence
The proposed Lewis-Clark Valley AVA consists mostly of canyon
walls, low plateaus, and bench lands formed by the Snake and Clearwater
Rivers. Approximately 98 percent of the proposed AVA's boundary follows
the 600-meter elevation line, and all the land within the proposed AVA
is below that elevation. The 600-meter elevation line was chosen
because grapes do not reliably ripen annually above that elevation and,
above that altitude, temperatures fall low enough to kill the varieties
of Vitis vinifera (V. vinifera) grapes that are grown within the
proposed AVA. TTB notes that the maps used to draw the proposed
boundary show elevations in meters, and the petition describes the
elevations within the proposed AVA and the surrounding regions in terms
of feet. Six hundred meters corresponds to approximately 1,970 feet.
The regions outside the proposed AVA generally have higher
elevations and colder temperatures than the proposed AVA. To the north
of the proposed AVA is the high prairie region known as the Palouse.
The heavily forested Bitterroot Mountains are located to the east of
the proposed AVA boundary. The proposed southern boundary separates the
proposed AVA from the Craig Mountains and from Hells Gate State Park,
which is not available for commercial viticulture due to its protected
status as an Idaho State park. Additionally, the southern boundary was
drawn to prevent the proposed AVA from extending into Oregon, which is
less than 5 miles from the southernmost proposed AVA boundary but is
not considered to be part of the geographical region known as the
Lewis-Clark Valley. To the west and southwest of the proposed AVA are
the Blue Mountains.
Distinguishing Features
The distinguishing features of the proposed Lewis-Clark Valley AVA
include its climate, topography, native vegetation, and soils.
Climate
Temperature: According to the petition, the temperate climate of
the proposed Lewis-Clark Valley AVA is well suited for growing wine
grapes, especially varieties of V. vinifera. The warm temperatures of
the proposed AVA have earned the region the nickname ``banana belt of
the Pacific Northwest.'' The table below, derived from information
submitted in support of the petition, compares the average annual
temperature and growing degree days \5\ (GDDs) of the proposed Lewis-
Clark Valley AVA and the surrounding regions. The data from the two
weather stations within the proposed AVA and from the Moscow, Idaho,
weather station, approximately 32 miles north of Lewiston, Idaho, was
gathered during the period from 2000 to 2009. The data for the
Bitterroot, Craig, and Blue
[[Page 19903]]
Mountains consists of estimates calculated by the petitioner based on
elevation, as there are no weather stations located within these
regions.
---------------------------------------------------------------------------
\5\ As a measurement of heat accumulation during the grape-
growing season, one degree day accumulates for each degree
Fahrenheit that a day's mean temperature is above 50 degrees, which
is the minimum temperature required for grapevine growth. In the
Winkler climate classification system, heat accumulation as measured
in growing degree days (GDDs) per year defines climatic regions.
Climatic region I has less than 2,500 GDDs per year; region II,
2,501 to 3,000; region III, 3,001 to 3,500; region IV, 3,501 to
4,000; and region V, 4,001 or more. See Albert J. Winkler, General
Viticulture (Berkeley: University of California Press, 1974), 61-64.
------------------------------------------------------------------------
Average
annual Average growing
Location (direction from proposed temperature season GDD
AVA) (degrees accumulation
fahrenheit)
------------------------------------------------------------------------
Lewiston Nez Perce weather station 53.4 3,036
(within)............................
Dworshak Fish Hatchery (within)...... 51.6 2,613
Moscow, ID (north)................... 47.6 1,796
Bitterroot Mountains (east).......... 40 1,000-1,500
Craig Mountains (south).............. 45 1,500-1,700
Blue Mountains (west, southwest)..... 42 1,000-1,500
------------------------------------------------------------------------
According to the petition, the average annual temperatures and GDD
accumulation that the proposed AVA experiences are within the range
required for many varieties of wine grapes to ripen reliably, including
Cabernet Franc, Cabernet Sauvignon, Grenache, Malbec, Pinot noir,
Syrah, Pinot gris, Riesling, and Zinfandel, all of which are grown
within the proposed AVA. By contrast, annual temperatures and GDD
accumulations that the surrounding regions experience are too cold to
support most viticulture, particularly varieties of V. vinifera, which
require at least 2,000 GDDs to ripen successfully. As evidence, the
petition notes that Washington State University in Pullman, located in
the Palouse region approximately 30 miles northwest of Lewiston,
Washington, has had a vigorous wine grape research program for the past
12 years but has yet to succeed in propagating and maintaining research
vineyards due to the cold temperatures.
The petition also included the Cool-Climate Viticulture Suitability
Index (CCVSI) statistics that were available from the two weather
stations located within the proposed AVA and the station in Moscow,
Idaho. The CCVSI is the number of days between the last spring
temperature below 29 degrees Fahrenheit and the first fall temperature
below 29 degrees Fahrenheit. Within the proposed AVA, the CCVSI for the
Lewiston Nez Perce station was 234.2 and the CCVSI for the Dworshak
Fish Hatchery was 225.2. By contrast, the CCVSI for the Moscow station
was 159.5, which means the region north of the proposed AVA has a
growing season that is approximately 2 months shorter than that of the
proposed AVA. The significantly shorter growing season in the Palouse
region does not allow sufficient time for wine grapes to ripen
reliably, particularly the varieties of V. vinifera grown within the
proposed AVA.
Precipitation: The proposed Lewis-Clark Valley AVA receives less
rainfall annually than the surrounding regions. The following table is
derived from data submitted in support of the petition and compares the
annual precipitation amounts within the proposed AVA to those of the
surrounding areas. Precipitation data from the two weather stations
within the proposed AVA and from the Moscow, Idaho, station was
gathered during 2000 to 2009. The data for the Bitterroot, Craig, and
Blue Mountains was calculated using the data mapping system of the
PRISM Climate Group at Oregon State University.\6\
---------------------------------------------------------------------------
\6\ The Parameter-elevation Relationships on Independent Slopes
Model (PRISM) climate data mapping system combined climate normals
gathered from weather stations, along with other factors such as
elevation, longitude, slope angles, and solar aspect to estimate the
general climate patterns for the proposed AVA and the surrounding
regions. Climate normals are only calculated every 10 years, using
30 years of data, and at the time the petition was submitted, the
most recent climate normals available were from the period of 1971-
2000.
------------------------------------------------------------------------
Annual
precipitation
Location (direction from proposed AVA) amounts
(inches)
------------------------------------------------------------------------
Lewiston Nez Perce weather station (within)............. 11.3
Dworshak Fish Hatchery (within)......................... 22.7
Moscow, Idaho (north)................................... 25.1
Bitterroot Mountains (east)............................. 40-70
Craig Mountains (south)................................. 20-35
Blue Mountains (west, southwest)........................ 25-50
------------------------------------------------------------------------
The proposed AVA's location to the east of the Blue Mountains is
the primary factor behind its low precipitation amounts. The Blue
Mountains, which rise to elevations over 6,000 feet, intercept storms
carried on the westerly jet stream and prevent them from entering the
proposed AVA. Most of the annual precipitation within the proposed AVA
occurs between November and May, and the region experiences a prolonged
summer drought. One viticultural benefit of summer droughts is that
grape growers do not have to be concerned about excessive water
damaging the roots of the vines. Although growing season precipitation
amounts are very small, the petition states that viticulture is able to
thrive within the proposed AVA because the winter rains are sufficient
to ``fill the soil profile,'' assuring adequate amounts of soil
moisture necessary for bud break and fruit set early in the growing
season. By mid-June, the soil is dry enough to induce mild water stress
on the vines and slow the growth of canes and leaves, allowing the
vines to put their energy into fruit production. Vineyard managers can
then control the amount of water added to the soil via drip irrigation,
ensuring that the vines receive enough water to survive but not so much
as to promote overly vigorous cane or leaf growth or root rot.
Topography
The topography of the proposed Lewis-Clark Valley AVA includes
bench lands, low plateaus, and steeply sloping canyon walls. Although
the proposed AVA is often referred to as a ``valley'' because its
elevations are lower than those of the surrounding regions, the
landscape has been cut into such steep and deep V-notched canyons by
the Snake and Clearwater Rivers and their tributaries that almost none
of the AVA consists of the broad floodplains typically associated with
valley floors. According to the petition, the lack of floodplains
within the proposed AVA is beneficial to viticulture because
floodplains often have high water tables that limit vine root depth.
Floodplains are also susceptible to cold-air pooling that can damage
new growth and delay fruit maturation.
Elevations within the proposed Lewis-Clark Valley AVA range from
approximately 740 feet along the Snake and Clearwater Rivers to
approximately 1,970 feet along most of the proposed AVA's boundary. The
average elevation within the proposed AVA is 1,200 feet. According to a
table included in the
[[Page 19904]]
petition, the vineyards within the proposed AVA are planted at
elevations between 815 and 1,850 feet. The petition states that at
elevations above approximately 1,970 feet, growing season temperatures
are too cold to support reliable ripening of V. vinifera and winter
freezes can be hard enough to kill dormant vines.
The topography of the surrounding regions is different from that of
the proposed Lewis-Clark Valley AVA. To the north, the Palouse is
dominated by rounded, gently rolling hills and elevations ranging from
approximately 1,000 feet to 2,800 feet, with an average elevation of
2,200 feet. To the east, south, west, and southwest of the proposed AVA
are high, rugged mountains cut by deep canyons. Elevations in the
Bitterroot Mountains, east of the proposed AVA, range from 3,000 feet
to 10,150 feet and average approximately 6,000 feet. To the south, the
Craig Mountains range from 2,500 feet to over 5,100 feet and average
approximately 3,000 feet. To the west and southwest, the Blue Mountains
range from 2,500 feet to over 6,300 feet with an average elevation of
approximately 4,000 feet.
Native Vegetation
The native vegetation of the canyon walls, plateaus, terraces, and
benches of the proposed Lewis-Clark Valley AVA consists of low shrubs
and perennial grasses that have deep masses of fine roots. Although
some portions of the eastern half of the proposed AVA are sparsely
forested, the understory of the forested regions is covered with
perennial grasses. The petition states that the decomposition of the
grasses and their roots over the years has contributed to the formation
of nutrient-rich soils within the proposed AVA that are high in the
organic materials that promote healthy vine growth.
Likewise, to the north of the proposed AVA, the native vegetation
of the Palouse consists primarily of perennial grasses. However, most
of the native vegetation of the Palouse was cleared in the late 19th
and early 20th centuries for large-scale agricultural purposes, such as
wheat production, which continue to this day. To the east, south, and
west of the proposed AVA, the Bitterroot, Craig, and Blue Mountains are
covered with conifer forests. The understories of these conifer forests
are typically covered with pine needle litter instead of perennial
grasses. The pine needle litter remains on the surface of the soil,
unlike the root masses of perennial grasses. Therefore, the organic
material released by the decaying pine needle litter does not mix as
deeply into the soil as the material released by decaying grass roots.
As a result, the soils of the mountainous regions are not as high in
organic material and nutrients as the soils within the proposed AVA.
Soils
There are approximately 88 different soil types within the proposed
Lewis-Clark Valley AVA. However, approximately 95 percent of the soil
types within the proposed AVA belong to the Mollisols soil order. Soils
from this order are comprised primarily of decomposed perennial grasses
and grass roots and contain a high level of organic matter in the form
of humus. The humus accumulates within the soil, rather than just in a
layer on top of the soil, due to the decomposition of the dense masses
of grass roots. The high levels of organic matter in the soils provide
an ample supply of nutrients for vineyards. Most of the cultivated
Mollisols soils within the proposed AVA also contain loess, which is
comprised of fine-grained particles of nutrient-rich silt that were
deposited by wind.
The soils within the proposed AVA are generally thin, having been
eroded over the years by the Snake and Clearwater Rivers and their
tributaries. As a result, the soils average less than 6 feet in depth
before reaching a restrictive subsurface, such as bedrock. The
shallowness of the soils limits the depths of roots and prevents overly
vigorous cane and leaf development.
According to the petition, the Mollisols soils within the proposed
AVA have the highest available water holding capacity (AWC) of any
known soil texture class. AWC is the ability of soil to store rainfall
and irrigation water. The soils within the proposed AVA can store
approximately 2.4 inches of water per foot of soil. In regions that
receive high amounts of annual rainfall, soils with high AWC may not be
suitable for viticulture because excessive amounts of stored water
promote root rot, mildew, and fungal diseases. However, because the
proposed AVA has very low annual rainfall amounts and receives most of
its rainfall outside the growing season, the amount of water stored in
the soil is not excessive and does not pose a risk to the health of the
vines.
The soils of the surrounding regions differ from those of the
proposed Lewis-Clark Valley AVA. To the north, the soils of the Palouse
are also loess-derived Mollisols, but the soils reach depths of up to
12 feet, which is much deeper than the soil depth of the proposed AVA.
In the mountainous regions to the east, south, west, and southwest of
the proposed AVA, the soils also are deeper than within the proposed
AVA. Even though the surrounding mountain slopes are steep, the soils
have not eroded like the soils of the proposed AVA because the dense
conifer forests have held much of the soil in place. Soils in the
regions to the east, south, west, and southwest of the proposed AVA are
mostly of the Andisols order and are derived from volcanic ash and
other material produced by volcanic eruptions. Unlike the Mollisols of
the proposed AVA, Andisols soils contain only small amounts of organic
matter because the humus is derived from the decomposition of leaf
litter resting on the soil's surface, rather than from masses of grass
roots decomposing deep within the soil.
Summary of Distinguishing Features
In summary, the climate, topography, native vegetation, and soils
of the proposed Lewis-Clark Valley AVA distinguish it from the
surrounding areas. In all directions outside the proposed AVA, the
temperatures are cooler, the growing degree day accumulations are
smaller, rainfall is higher, and the elevations are higher. The steep
canyon walls, plateaus, and bench lands of the proposed AVA are
different from the rounded, rolling hills of the Palouse region to the
north and the rugged Bitterroot, Craig, and Blue Mountains that
surround the proposed AVA to the east, south, and west. Perennial
grasses and shrubs are the primary vegetation within the proposed AVA,
whereas the majority of the native vegetation to the north of the
proposed AVA has been cleared for agricultural purposes, and the
regions to the east, south, and west are covered with coniferous
forests. Finally, the soils of the proposed Lewis-Clark Valley AVA are
thin, loess-derived Mollisols soils, which are shallower than the
Mollisols soils of the Palouse region to the north and distinct from
the volcanic Andisols soils found to the east, south, and west.
Proposed Modification of the Columbia Valley AVA
As previously noted, the petitioner requested a modification of the
boundary of the established Columbia Valley AVA. The Columbia Valley
AVA is located in central and eastern Washington and northern Oregon.
The proposed Lewis-Clark Valley AVA spans the Idaho-Washington border
and, as proposed, would partially overlap the southeastern corner of
the Columbia Valley AVA near the communities of Clarkston, Vineland,
and Asotin, Washington. The proposed boundary modifications would
reduce the size of
[[Page 19905]]
the Columbia Valley AVA by approximately 57,020 acres (approximately
0.5 percent) and would eliminate the potential overlap between the
proposed AVA and the existing AVA.
If the boundary modification is approved, the area of the potential
overlap would be included exclusively within the proposed Lewis-Clark
Valley AVA. Wines produced primarily from grapes grown within the
removed region would no longer be eligible for labeling with the
``Columbia Valley'' appellation. There is currently one vineyard,
Arnett Vineyard, within the region of the proposed boundary
modification. The petition included a letter of support from the owners
of that vineyard, stating their support for the proposed Columbia
Valley AVA boundary modification and the establishment of the proposed
Lewis-Clark Valley AVA.
Overview of the Columbia Valley AVA
The 11,370,320-acre Columbia Valley AVA was established by T.D.
ATF-190, which was published in the Federal Register on November 13,
1984 (49 FR 44897), and codified at 27 CFR 9.74. The Columbia Valley
AVA is a large, treeless 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 between 150 and 204 days and
annual rainfall of less than 15 inches. The topography of the AVA is
characterized by its broadly undulating hills cut by rivers and broken
by sloping basaltic uplifts.
T.D. ATF-190 made no comparisons of the Columbia Valley AVA to the
area identified in this proposed rule as the Idaho portion of the
proposed Lewis-Clark Valley AVA.
Comparison of Distinguishing Features Within the Proposed Realignment
Area to the Columbia Valley AVA
The region of the proposed boundary modification is located in the
southeastern portion of the Columbia River Valley AVA, along the Snake
River and near the towns of Clarkson, Vineland, and Asotin, Washington.
The petition emphasizes that the region proposed to be removed from the
Columbia Valley AVA (hereinafter referred to as the proposed
realignment area) has topography and soils that are more similar to
those of the proposed Lewis-Clark AVA than to those of the existing
AVA.
The topography of the proposed realignment area is consistent with
that of the proposed Lewis-Clark Valley AVA. The average elevation of
both the proposed realignment area and the proposed Lewis-Clark Valley
AVA is 1,200 feet, which is higher than the Columbia Valley AVA's
average elevation of 700 feet. The proposed realignment area, like the
proposed Lewis-Clark Valley AVA, consists of steep, V-shaped canyons,
low plateaus, and bench lands along the Snake River and its
tributaries. By contrast, the majority of the Columbia Valley AVA is a
broad basin with a gently rolling surface. The petition notes that the
Columbia River Valley AVA contains rugged, canyon-like coulees and
broad, flat-floored ``channeled scablands.'' However, the coulees and
scablands were created by cataclysmic glacial floods from the ancient
Lake Missoula, whereas the canyon of the proposed realignment area and
the proposed AVA was carved over time by the flow of the Snake River.
The coulees and scablands also are generally shallower and have broad,
flat floors, as compared to the deep, steeply-sloped V-shaped canyons
and narrow valley floors of the proposed realignment area and the
proposed Lewis-Clark Valley AVA.
The soils of the proposed realignment area also are different from
the soils of the Columbia Valley AVA. Within the proposed realignment
area, most of the soils are from the Mollisols order, as are the soils
within the proposed Lewis-Clark Valley AVA. By contrast, approximately
80 percent of Columbia Valley AVA soils are Aridisols and Entisols.
Aridisols and Entisols soils generally contain less than 1 percent
organic matter, compared to the humus-rich soils of the Mollisols
order. Aridisols and Entisols soils also generally have lower water-
holding capacities due to their coarse or gravelly textures, whereas
the loamy Mollisols soils of both the proposed realignment area and
proposed AVA have greater water-holding capacities. Finally, Aridisols
and Entisols soils are generally alkaline, compared to the slightly
acidic Mollisols soils. Although the petition states that some
Mollisols soils exist within the Columbia Valley AVA, they generally
occur at high elevations that are too cold to support V. vinifera.
In addition to the physical features that distinguish the proposed
realignment area from the Columbia Valley AVA and unite it with the
proposed Lewis-Clark Valley AVA, the petition included evidence that
the proposed realignment area is strongly associated with the name
``Lewis-Clark Valley,'' rather than the ``Columbia Valley'' name. For
example, three of the businesses in the ``Name Evidence'' section of
this proposed rule (the Lewis-Clark Terminal, Lewis-Clark Credit Union,
and Lewis-Clark Dental Clinic) are located within the proposed
realignment area. Additionally, all of the organizations listed in the
``Name Evidence'' section serve residents of the proposed AVA as well
as the proposed realignment area, further demonstrating that the
proposed realignment area is strongly associated with the region known
as the Lewis-Clark Valley.
TTB Determination
TTB concludes that the petition to establish the approximately
306,650-acre ``Lewis-Clark Valley'' American viticultural area and to
concurrently modify the boundary of the existing Columbia Valley AVA
merits consideration and public comment, as invited in this document.
TTB is proposing the establishment of the new viticultural area and
the modification of the existing AVA as one action. Accordingly, if TTB
establishes the proposed Lewis-Clark Valley AVA, then the proposed
boundary modification of the Columbia Valley AVA would be approved
concurrently. If TTB does not establish the proposed Lewis-Clark Valley
AVA, then the present Columbia Valley AVA boundary would not be
modified as proposed in this document.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA and the boundary modification of the established AVA in the
proposed regulatory text published at the end of this document.
Maps
The petitioner provided the required maps, and TTB lists them 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 viticultural area,
its name, ``Lewis-Clark Valley,'' would be recognized as a name of
viticultural significance under Sec. 4.39(i)(3) of the TTB regulations
(27 CFR 4.39(i)(3)). The text of the proposed regulation clarifies this
point.
If this proposed regulatory text is adopted as a final rule, wine
bottlers using ``Lewis-Clark Valley'' 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's full
name ``Lewis-Clark Valley'' as an appellation of origin. If approved,
the establishment of the proposed Lewis-
[[Page 19906]]
Clark Valley AVA and the proposed modification of the Columbia Valley
AVA boundary would allow vintners to use ``Lewis-Clark Valley'' as
appellations of origin for wines made from grapes grown within the
Lewis-Clark Valley AVA, if the wines meet the eligibility requirements
for the appellation.
Use of ``Columbia Valley'' as an Appellation of Origin
If the proposed Lewis-Clark Valley AVA and the corresponding
modification of the Columbia Valley AVA boundary are approved, bottlers
currently using ``Columbia Valley'' as an appellation of origin for
wine produced primarily from grapes grown in the area removed from the
Columbia Valley AVA would no longer be able to use ``Columbia Valley''
as an appellation of origin, but could use the term ``Lewis-Clark
Valley'' in the brand name if otherwise eligible. See the ``Transition
Period'' section of this document for more details.
Bottlers currently using ``Columbia Valley'' as an appellation of
origin or in a brand name for wine produced from grapes grown within
the current, and if modified, Columbia Valley AVA would still be
eligible to use the term as an appellation of origin or in a brand
name.
Transition Period
If the proposals to establish the Lewis-Clark Valley AVA and to
modify the boundary of the Columbia Valley AVA are adopted as a final
rule, a transition rule will apply to labels for wines produced from
grapes grown in the area removed from the Columbia Valley AVA. A label
containing the words ``Columbia Valley'' in the brand name or as an
appellation of origin may be used on wine bottled within two years from
the effective date of the final rule, provided that such label was
approved prior to the effective date of the final rule and that the
wine conforms to the standards for use of the label set forth in 27 CFR
4.25 or 4.39(i) in effect prior to the final rule. At the end of this
two-year transition period, if a wine is no longer eligible for
labeling with the ``Columbia Valley'' AVA name (e.g., it is primarily
produced from grapes grown in the area removed from the Columbia Valley
AVA), then a label containing the words ``Columbia Valley'' in the
brand name or as an appellation of origin would not be permitted on the
bottle. TTB believes that the two-year period should provide affected
label holders with adequate time to use up any existing labels. This
transition period is described in the proposed regulatory text for the
Columbia Valley AVA published at the end of this notice.
TTB notes that wine eligible for labeling with the ``Columbia
Valley'' AVA name under the proposed new boundary of the Columbia
Valley AVA will not be affected by this two-year transition period.
Furthermore, if TTB does not approve the proposed boundary
modification, then all wine label holders currently eligible to use the
``Columbia Valley'' AVA name would be allowed to continue to use their
labels as originally approved.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether TTB should establish the proposed Lewis-Clark Valley AVA and
concurrently modify the boundary of the established Columbia Valley
AVA. TTB is interested in receiving comments on the sufficiency and
accuracy of the name, boundary, climate, topography, soils, and other
required information submitted in support of the Lewis-Clark Valley AVA
petition. Please provide any available specific information in support
of your comments.
TTB also invites comments on the proposed modification of the
existing Columbia Valley AVA. TTB is especially interested in comments
on whether the evidence provided sufficiently differentiates the
proposed realignment area from the existing Columbia Valley AVA.
Comments should address the name usage, boundaries, climate,
topography, soils, and any other pertinent information that supports or
opposes the proposed boundary modification.
Because of the potential impact of the establishment of the
proposed Lewis-Clark Valley AVA on wine labels that include the term
``Lewis-Clark Valley,'' 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 area 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 also is
interested in receiving suggestions for ways to avoid conflicts, for
example, by adopting a modified or different name for the AVA.
Submitting Comments
You may submit comments on this proposal by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this document within Docket No. TTB-
2015-0005 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
https://www.regulations.gov. A direct link to that docket is available
under Notice No. 149 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 at the
top of the page.
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
document. Your comments must reference Notice No. 149 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. We do not acknowledge receipt of comments, and we consider
all comments as originals.
Your comment must clearly state if you are commenting on your own
behalf or on behalf of an organization, business, or other entity. If
you are commenting on behalf of an organization, business, or other
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, please submit your
entity's comment on letterhead.
You also may 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
[[Page 19907]]
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 document, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2015-0005 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. 149. You also
may reach the relevant docket through the Regulations.gov search page
at https://www.regulations.gov. For instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab at the
top of the page.
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 it considers unsuitable for posting.
You also may view copies of this document, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments we receive about this proposal by appointment at the TTB
Information Resource Center, 1310 G Street NW., Washington, DC 20005.
You also may obtain copies at 20 cents per 8.5- x 11-inch page. Please
note that TTB is unable to provide copies of USGS maps or other
similarly-sized documents that may be included as part of the AVA
petition. Contact our 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 new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area 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, it requires no regulatory assessment.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this document.
List of Subjects in 27 CFR Part 9
Wine.
For the reasons discussed in the preamble, we propose 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. Amend Sec. 9.74 by revising paragraph (b) and paragraphs (c)(38)
through (c)(40) and by adding paragraph (d) to read as follows:
Sec. 9.74 Columbia Valley.
* * * * *
(b) Approved maps. The approved maps for determining the boundary
of the Columbia Valley viticultural area are nine 1:250,000 scale
U.S.G.S. maps and one 1:100,000 (metric) scale U.S.G.S. map. They are
entitled:
(1) Concrete, Washington, U.S.; British Columbia, Canada, edition
of 1955, limited revision 1963;
(2) Okanogan, Washington, edition of 1954, limited revision 1963;
(3) Pendleton, Oregon, Washington, edition of 1954, revised 1973;
(4) Pullman, Washington, Idaho, edition of 1953, revised 1974;
(5) Clarkston, Washington, Idaho, Oregon, 1:100,000 (metric) scale,
edition of 1981;
(6) Ritzville, Washington, edition of 1953, limited revision 1965;
(7) The Dales, Oregon, Washington, edition of 1953, revised 1971;
(8) Walla Walla, Washington, Oregon, edition of 1953, limited
revision 1963;
(9) Wenatchee, Washington, edition of 1957, revised 1971; and
(10) Yakima, Washington, edition of 1958, revised 1971.
(c) * * *
(38) Then south following the Washington-Idaho State boundary on
the 1:100,000 (metric) scale Clarkston, Washington, Idaho, Oregon map
to the 600-meter elevation contour along the eastern boundary of
section 9, R. 46 E./T. 11 N.; and then generally west following the
meandering 600-meter contour to the eastern boundary of section 17, R.
45E./T. 11N.; then south following the eastern boundary of section 17
to the southern boundary of section 17; and then west following the
southern boundaries of sections 17 and 18 to the Asotin-Garfield county
line in section 19, R. 45E./T. 11N.;
(39) Then south following the Garfield-Asotin county line to the
600-meter elevation contour; then following generally west and south in
a counterclockwise direction along the meandering 600-meter elevation
contour to Charley Creek in section 4, R. 44 E./T. 9 N.; and then west
following Charley Creek on to the township line between R. 42 E. and R.
43 E.;
(40) Then north following the township line between R. 42 E. and R.
43 E. on the 1:250,000 scale ``Pullman, Washington, Idaho'' map to
Washington Highway 128 at Peola;
* * * * *
(d) Transition period. A label containing the words ``Columbia
Valley'' in the brand name or as an appellation of origin approved
prior to [EFFECTIVE DATE OF THE FINAL RULE] may be used on wine bottled
before [DATE 2 YEARS FROM EFFECTIVE DATE OF THE FINAL RULE] if the wine
conforms to the standards for use of the label set forth in Sec. 4.25
or Sec. 4.39(i) of this chapter in effect prior to [EFFECTIVE DATE OF
THE FINAL RULE].
0
3. Add Sec. 9.___to read as follows:
Sec. 9.___ Lewis-Clark Valley.
(a) Name. The name of the viticultural area described in this
section is ``Lewis-Clark Valley''. For purposes of part 4 of this
chapter, ``Lewis-Clark Valley'' is a term of viticultural significance.
(b) Approved maps. The three United States Geographical Survey
(USGS) 1:100,000 (metric) scale topographic maps used to determine the
boundary of the Lewis-Clark Valley viticultural area are titled:
(1) Clarkston, Wash.-Idaho-Oregon, 1981;
(2) Orofino, Idaho-Washington, 1981; and
(3) Potlatch, Idaho, 1981.
(c) Boundary. The Lewis-Clark Valley viticultural area is located
in Nez Perce, Lewis, Clearwater, and Latah Counties, Idaho, and Asotin,
Garfield, and Whitman Counties, Washington. The boundary of the Lewis-
Clark Valley viticultural area is as follows:
(1) The beginning point is located on the Clarkston map in
Washington State along the Garfield-Asotin County line at the southwest
corner of section 18, T11N/R45E. From the beginning point, proceed east
along the southern
[[Page 19908]]
boundary line of section 18, crossing over the Snake River, and
continue along the southern boundary line of section 17, T11N/R45E, to
the southeast corner of section 17; then
(2) Proceed north along the eastern boundary line of section 17 to
the 600-meter elevation contour; then
(3) Proceed generally east-northeast along the meandering 600-meter
elevation contour, crossing into Idaho and onto the Orofino map, then
continue to follow the elevation contour in an overall clockwise
direction, crossing back and forth between the Orofino and Clarkston
maps and finally onto the Potlatch map, and then continuing to follow
the 600-meter elevation contour in a clockwise direction to the
elevation contour's intersection with the southern boundary line of
section 1, T37N/R1W, on the Potlatch map, north of the Nez Perce Indian
Reservation boundary and west of the Dworshak Reservoir (North Fork of
the Clearwater River) in Clearwater County, Idaho; then
(4) Cross the Dworshak Reservoir (North Fork of the Clearwater
River) by proceeding east along the southern boundary line of section
1, T37N/R1E, to the southeastern corner of section 1; then by
proceeding north along the eastern boundary line of section 1 to the
southwest corner of section 6, T37N/R2E; and then by proceeding east
along the southern boundary line of section 6 to the 600-meter
elevation contour; then
(5) Proceed generally east initially, then generally south, and
then generally southeast along the meandering 600-meter elevation
contour, crossing onto the Orofino map, and then continuing to follow
the elevation contour in an overall clockwise direction, crossing back
and forth between the Orofino and Potlatch maps, to the eastern
boundary of section 13, T35N/R2E, on the Orofino map in Clearwater
County, Idaho; then
(6) Proceed south along the eastern boundary of section 13, T35N/
R2E, to the southeastern corner of section 13, T35N/R2E, northeast of
Lolo Creek; then
(7) Proceed west along the southern boundary line of section 13,
T35N/R2E, to the Clearwater-Idaho County line in the middle of Lolo
Creek; then
(8) Proceed generally west-northwest along the Clearwater-Idaho
County line (concurrent with Lolo Creek) to the Lewis County line at
the confluence of Lolo Creek and the Clearwater River; then
(9) Proceed generally south along the Lewis-Idaho County line
(concurrent with the Clearwater River) to the northern boundary line of
section 23, T35N/R2E; then
(10) Proceed west along the northern boundary line of section 23,
T35N/R2E, to the 600-meter elevation contour; then
(11) Proceed generally northwest along the meandering 600-meter
elevation contour, crossing onto the Potlatch map and then back onto
the Orofino map and continuing generally southwest along the 600-meter
elevation contour to the common T32N/T31N township boundary line along
the southern boundary line of section 35, T32N/R5W, south of Chimney
Creek (a tributary of the Snake River) in Nez Perce County, Idaho; then
(12) Proceed west along the common T32N/T31N township boundary
line, crossing Chimney Creek, to the Idaho-Washington State line
(concurrent with the Nez Perce-Asotin County line) at the center of the
Snake River; then
(13) Proceed generally southeast along the Idaho-Washington State
line in the Snake River to the northern boundary line of section 29,
T31N/R5W; then
(14) Proceed west along the northern boundary line of section 29,
T31N/R5W, to the 600-meter elevation contour, northeast of Lime Hill in
Asotin County, Washington; then
(15) Proceed generally west and then generally south-southwest
along the meandering 600-meter elevation contour to the southern
boundary line of section 25, T7N/R46E; then
(16) Proceed west along the southern boundary lines of section 25
and 26, crossing onto the Clarkston map, and continuing along the
southern boundary lines of section 26 to the 600-meter elevation
contour west of Joseph Creek; then
(17) Proceed southeast along the meandering 600-meter elevation
contour to the western boundary line of section 34, T7N/R46E; then
(18) Proceed north along the western boundary lines of sections 34
and 27, T7N/R46E, crossing over the Grande Ronde River, to the 600-
meter elevation contour; then
(19) Proceed generally northeast along the meandering 600-meter
elevation contour and continue along the 600-meter elevation contour in
a clockwise direction, crossing back and forth between the Clarkston
and Orofino maps, until, on the Clarkston map, the 600-meter elevation
line intersects the Garfield-Asotin County line for the third time
along the western boundary of section 19, T11N/R45E; and then
(20) Proceed north along the Garfield-Asotin County line, returning
to the beginning point.
Signed: April 7, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-08501 Filed 4-13-15; 8:45 am]
BILLING CODE 4810-31-P