Proposed Expansion of the Willamette Valley Viticultural Area, 34864-34869 [2015-15036]
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Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules
Signed: June 11, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015–15037 Filed 6–17–15; 8:45 am]
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
BILLING CODE 4810–31–P
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
DEPARTMENT OF THE TREASURY
TTB Authority
Alcohol and Tobacco Tax and Trade
Bureau
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, 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 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 American viticultural
areas.
27 CFR Part 9
[Docket No. TTB–2015–0008; Notice No.
152]
RIN 1513–AC21
Proposed Expansion of the Willamette
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
expand the approximately 5,360-square
mile ‘‘Willamette Valley’’ viticultural
area in northwestern Oregon by
approximately 29 square miles. The
established Willamette Valley
viticultural area and the proposed
expansion area do not lie within any
other 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
August 17, 2015.
ADDRESSES: Please send your comments
on this notice of proposed rulemaking to
one of the following addresses:
• Internet: https://www.regulations.gov
(via the online comment form for this
notice of proposed rulemaking as posted
within Docket No. TTB–2015–0008 at
‘‘Regulations.gov,’’ the Federal erulemaking 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
400, Washington, DC 20005.
See the Public Participation section of
this notice of proposed rulemaking 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
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SUMMARY:
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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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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 the
establishment of an AVA and provides
that any interested party may petition
TTB to establish a grape-growing region
as an AVA. Petitioners may use the
same procedures to request changes
involving existing AVAs. Section 9.12(c)
of the TTB regulations (27 CFR 9.12(c))
prescribes standards for petitions for
modifying established AVAs. Petitions
to expand an established AVA must
include the following:
• Evidence that the region within the
proposed expansion area boundary is
nationally or locally known by the name
of the established AVA;
• An explanation of the basis for
defining the boundary of the proposed
expansion area;
• A narrative description of the
features of the proposed expansion area
affecting viticulture, including climate,
geology, soils, physical features, and
elevation, that make the proposed
expansion area similar to the
established AVA and distinguish it from
adjacent areas outside the established
AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
expansion area, with the boundary of
the proposed expansion area clearly
drawn thereon; and
• A detailed narrative description of
the proposed expansion area boundary
based on USGS map markings.
Petition To Expand the Willamette
Valley AVA
TTB received a petition from Steve
Thomson, the executive vice president
of King Estate Winery in Eugene,
Oregon, proposing to expand the
established ‘‘Willamette Valley’’ AVA in
northwestern Oregon. The Willamette
Valley AVA (27 CFR 9.90) was
established by T.D. ATF–162, which
published in the Federal Register on
December 1, 1983 (48 FR 54221). The
Willamette Valley AVA covers
approximately 5,360 square miles in
Benton, Lane, Linn, Clackamas, Lincoln,
Marion, Multnomah, Polk, Tillamook,
Washington, and Yamhill Counties. The
Willamette Valley AVA is not located
within any other AVA, but it does
contain six smaller AVAs: Chehalem
Mountains, Dundee Hills, Eola-Amity
Hills, McMinnville, Ribbon Ridge, and
Yamhill-Carlton.
The proposed expansion area is
located in Lane County adjacent to the
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southern tip of the existing Willamette
Valley AVA boundary and covers
approximately 29 square miles. The
King Estate Winery operates one of the
two commercial vineyards covering a
total of 508 acres located within the
proposed expansion area, and has
provided information that the second
vineyard affected is also in favor of the
proposed expansion. King Estate Winery
and the second vineyard each have a
winery within the proposed expansion
area. A third winery would also be
included; however, it does not operate
a vineyard within the proposed
expansion area. The vineyards and the
wineries did not exist when the
Willamette Valley AVA was established
in 1983 and currently are not located
within any AVA. The petition included
letters from the president of the
Willamette Valley Wineries Association
and the president of the Oregon
Winegrowers Association in support of
the proposed expansion. According to
the petition, the soils, climate, and
topography of the proposed expansion
area are consistent with those of the
established AVA. Unless otherwise
noted, all information and data
pertaining to the proposed expansion
area contained in this document come
from the petition and its supporting
exhibits.
describe the wine as coming from
‘‘Willamette,’’ ‘‘Willamette Valley,’’ or
‘‘Willamette, Oregon.’’ The petition
states that these wine lists demonstrate
that sellers and consumers currently
associate the wines made in the
proposed expansion area with the
Willamette Valley AVA, even though
the King Estate Winery does not market
or label the wines as such.
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north-northeasterly along the elevation
contour until it joins the current
Willamette Valley AVA boundary near
Lorane. The proposed expansion area
would not extend south into Douglas
County because the Douglas County line
forms the northern boundary of the
Umpqua River Valley AVA (27 CFR
9.89), which has features that are
distinctive from those of the Willamette
Valley AVA.
Both the established Willamette
Valley AVA and the proposed
expansion area are surrounded to the
west, east, and immediate south by
high, steep mountains. To the east are
the Cascade Mountains, and to the west
are the Coast Range Mountains. To the
south are the Calapooya Mountains, as
well as the Umpqua River Valley.
Name Evidence
The petition provides evidence that
the proposed expansion area is
associated with the established
Willamette Valley AVA. King Estate
Winery, where the petitioner is the
executive vice president, is located
within the proposed expansion area and
has a ‘‘Eugene, Oregon’’ mailing
address. The city of Eugene is located
within the current boundaries of the
Willamette Valley AVA. The petition
also states that the two vineyards
located within the proposed expansion
area are included in the National
Agricultural Statistics Service’s annual
compilation of vineyard statistics within
the region called the ‘‘South Willamette
Valley.’’
Finally, the petition includes excerpts
from wine lists from 11 different
restaurants across the United States and
one in Denmark that offer wines from
the King Estate Winery. Although wines
from the King Estate Winery use
‘‘Oregon’’ as the appellation of origin on
their labels, the restaurant wine lists all
Boundary Evidence
The Willamette Valley AVA is a long,
narrow region encompassing the
Willamette River basin. The AVA is
approximately 120 miles long and 60
miles wide. The current AVA boundary
begins at the intersection of the
Multnomah-Columbia County line and
the Oregon-Washington boundary. The
current boundary then proceeds
southward, primarily following the
meandering 1,000-foot elevation
contour, into Lane County. South of the
city of Eugene and north of the Siuslaw
River, the current AVA boundary briefly
leaves the 1,000-foot elevation contour
near Panther Creek and follows a series
of straight lines drawn between marked
features on the USGS maps before
reconnecting with the 1,000-foot
elevation contour near the community
of Lorane. The current boundary then
follows the elevation contour as it
meanders southward to Sharps Creek, to
a point near the Lane-Douglas County
line. The current boundary then follows
the 1,000-foot elevation contour as it
turns northward and returns to the
Oregon-Washington boundary.
According to T.D. ATF–162, the 1,000foot elevation contour was chosen to
form the majority of the AVA boundary
because 1,000 feet is the maximum
elevation for successful viticulture in
this region of Oregon.
The boundary of the proposed
expansion area would modify the
portion of the current AVA boundary
that follows the straight lines drawn
between marked features on the USGS
maps near Panther Creek, in the
southwestern portion of the AVA. The
proposed expansion boundary would
not use straight lines between points but
instead would continue to follow the
1,000-foot elevation contour to the LaneDouglas county line. The proposed
expansion area boundary would then
proceed east along the Lane–Douglas
county line until it rejoins the 1,000-foot
elevation contour, and then proceed
Climate
The petition compared the climate of
the proposed expansion area to that of
the established Willamette Valley AVA
and the surrounding regions. The
petition included a map generated using
the PRISM mapping system 1 that
showed the growing degree day 2 (GDD)
accumulations and average growing
season temperatures throughout the
proposed expansion area, the
1 The 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. (PRISM Climate Group,
Oregon State University, https://
prism.oregonstate.edu, created 4 February 2004.)
2 In the Winkler climate classification system,
annual heat accumulation during the growing
season, measured in annual growing degree days
(GDD), defines climatic regions. One GDD
accumulates for each degree Fahrenheit that a day’s
mean temperature is above 50 degrees, the
minimum temperature required for grapevine
growth (‘‘General Viticulture,’’ by Albert J. Winkler,
University of California Press, 1974, pages 61–64).
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Distinguishing Features
As justification of the expansion area,
which is based on similarities in
distinguishing features, the expansion
petition quotes the original Willamette
Valley AVA petition, which stated, ‘‘[I]t
is the intention of the Oregon
Winegrowers Association to define this
area as broadly as geographical data and
viticultural experience will allow, so as
not to stifle experimentation in new
sites. * * * If any such sites come to
light during the evaluation of this
petition, we would urge they be
included in the final description of the
viticultural area.’’ According to the
petition, the proposed expansion area
contains the same climate, soils, and
topography as the established
Willamette Valley AVA. The expansion
petition concludes that, had the two
vineyards in the proposed expansion
area existed at the time the Willamette
Valley AVA was established, the
proposed expansion area would have
been included because the region shares
characteristics similar to those of the
established AVA. Those characteristics
are discussed in detail below.
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established AVAs within the Willamette
Valley AVA, and the surrounding
regions. The following tables summarize
the data from the map:
TABLE 1—AVERAGE GROWING SEASON TEMPERATURES
[Degrees Fahrenheit (F)]
Average
minimum
temperature
Location
Proposed Expansion Area ...........................................................................................................
Average
maximum
temperature
Average
mean
temperature
58.2
59.1
58.6
55.9
57.6
57.1
56.8
58.5
57.7
59.8
59.5
59.6
59.9
59.4
59.7
58.7
58.8
58.9
59.0
59.0
59.1
55.9
61.5
59.3
Average
minimum
accumulations
Average
maximum
accumulations
Average
mean
accumulations
1780
1935
1862
1382
1683
1597
1544
1843
1692
2093
2048
2059
2124
2016
2077
1885
1906
1919
1930
1931
1946
2468
2007
Temperatures Within Willamette Valley AVA
Chehalem Mountains AVA ..........................................................................................................
Eola-Amity Hills AVA ...................................................................................................................
McMinnville AVA ..........................................................................................................................
Yamhill-Carlton AVA ....................................................................................................................
Ribbon Ridge AVA .......................................................................................................................
Dundee Hills AVA ........................................................................................................................
Temperatures South of Willamette Valley AVA and Proposed Expansion Area
Umpqua Valley AVA ....................................................................................................................
TABLE 2—GROWING DEGREE DAY ACCUMULATIONS
Location
Proposed Expansion Area ...........................................................................................................
GDD Accumulations Within Willamette Valley AVA
Chehalem Mountains AVA ..........................................................................................................
Eola-Amity Hills AVA ...................................................................................................................
McMinnville AVA ..........................................................................................................................
Yamhill-Carlton AVA ....................................................................................................................
Ribbon Ridge AVA .......................................................................................................................
Dundee Hills AVA ........................................................................................................................
GDD Accumulations South of Willamette Valley AVA and Proposed Expansion Area
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Umpqua Valley AVA ....................................................................................................................
The PRISM data shows that during
the growing season, the proposed
expansion area and the six established
AVAs within the larger Willamette
Valley AVA all have lower average
mean temperatures and average
maximum temperatures and higher
average minimum temperatures than the
Umpqua Valley AVA. Growing season
temperatures within the proposed
expansion area are most similar to those
in the Chehalem Mountains, Eola-Amity
Hills, and McMinnville AVAs. Although
the average GDD accumulations within
the proposed expansion area are lower
than those of the six established AVAs
within the Willamette Valley AVA, they
are more similar to those accumulations
than to the higher GDD accumulations
of the Umpqua Valley AVA.
The petition also included
information on the growing season
temperatures, rainfall amounts, and
GDD accumulations from a private
weather station at the King Estate
Vineyard, within the proposed
expansion area, and from regional
weather stations located in Cottage
Grove, Eugene, and Drain, Oregon.
According to the petition, Cottage Grove
is approximately 11 miles east of the
King Estate Vineyard, Eugene is
approximately 18 miles northeast of the
vineyard, and Drain is just over 15 miles
1415
south of the vineyard. The data was
collected from each station from April 1
through October 31 from 2008 through
2012. Although data from Eugene was
included in the petition, the petitioner
states that the data from that location is
not a good representative of
temperatures within the nearby portions
of the Willamette Valley AVA because
the weather station is located at the
Eugene airport and represents a warmer
urban-biased climate. Therefore,
although all the climate data provided
in the petition is available for viewing
in Docket No. TTB–2015–0008, the
Eugene data has been omitted from the
following table:
TABLE 3—GROWING SEASON CLIMATE DATA
Description
2008
2009
2010
2011
2012
Average
King Estate Vineyard (within proposed expansion area)
Average Mean Temperature (degrees F) ....................................
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57.0
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57.6
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TABLE 3—GROWING SEASON CLIMATE DATA—Continued
Description
2008
GDD Accumulations .....................................................................
Total Precipitation (inches) ..........................................................
2009
2010
2011
2012
Average
1827
6.84
2001
12.06
1709
21.36
1697
14.09
1957
11.84
1838
13.24
58.8
2033
17.07
58.6
2031
16.51
60.9
2419
15.04
60.3
2341
14.55
Cottage Grove, OR (east of proposed expansion area, within Willamette Valley AVA)
Average Mean Temperature (degrees F) ....................................
GDD Accumulations .....................................................................
Total Precipitation (inches) ..........................................................
58.3
2037
10.32
59.8
2277
14.84
58.2
1945
22.85
57.8
1864
17.47
Drain, OR (south of proposed expansion area, in Umpqua Valley AVA)
Average Mean Temperature (Degrees F) ...................................
GDD Accumulations .....................................................................
Total Precipitation (inches) ..........................................................
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The data shows that although
precipitation amounts within the
proposed expansion area are similar to
the precipitation amounts for Cottage
Grove (located within the Willamette
Valley AVA) and Drain (located within
the Umpqua Valley AVA), the proposed
expansion area’s GDD accumulations
are more similar to those of the
Willamette Valley location.
Additionally, the proposed expansion
area’s average mean temperatures are
more similar to that of the Willamette
Valley location. The data from the King
Estate Winery weather station, within
the proposed expansion area, is also
similar to that generated by the PRISM
mapping system for the entire proposed
expansion area, which is summarized in
tables 1 and 2.
Soils
The petition included an analysis of
the soils of the proposed expansion
area. According to the analysis, the five
most common soil series within the
proposed expansion area are, from most
to least common, the Bellpine,
Willakenzie, Dupee, Jory, and Peavine
series. These five soils cover
approximately 74 percent of the
proposed expansion area. These soils
are also considered to be in the ‘‘xeric’’
moisture regime of soil classification.
Xeric soils are common in regions with
a ‘‘Mediterranean’’ climate, which
consists of cool, moist winters and
warm, dry summers. As a result of the
warm, dry summers, xeric soils
typically retain little water by the end
of the growing season.
According to the petition, there are 23
soil series present within the Willamette
Valley AVA, including all five of the
most common soil series found within
the proposed expansion area. The most
common soils within the Willamette
Valley AVA are from the Jory series,
followed by soils of the Willakenzie
series. Soils of the Bellpine, Dupee, and
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59.9
2302
7.63
60.8
2467
12.96
Peavine series are the ninth, eleventh,
and twelfth most common soils within
the Willamette Valley, respectively.
T.D. ATF–162, which established the
Willamette Valley AVA, did not
describe the soils of the AVA or the
surrounding regions in great detail, only
noting that the soils within the AVA
were silty loams and clay loams, while
the surrounding regions contained
‘‘mountain soils.’’ The proposed
expansion petition describes the soils
outside both the proposed expansion
area and the Willamette Valley AVA in
more detail. According to the petition,
the Peavine soils that are found both in
the proposed expansion area and the
Willamette Valley AVA are also present
in the surrounding regions outside the
AVA and the proposed expansion area.
However, the region outside the AVA
also contains Blanchley, Honeygrove
Complex, Bohanon, Preacher, Klickitat,
Kirney, and Digger Complex soils,
which are not found in either the
proposed expansion region or the
Willamette Valley AVA. Additionally,
the petition notes that, with the
exception of the Peavine soils, the soils
outside the proposed expansion area
and the Willamette Valley AVA are all
in the ‘‘udic’’ moisture regime of soil
classification. Udic soils are common in
humid climates where rainfall is evenly
distributed throughout the year. As a
result, udic soils typically retain even
amounts of moisture throughout the
year, unlike the drier xeric soils of the
proposed expansion area and the
Willamette Valley AVA.
Topography
The proposed expansion area is
located on the leeward side of the Coast
Range Mountains, which shelter the
proposed expansion area from most of
the cool, moist marine air that flows
inward from the Pacific Ocean. The
terrain of the proposed expansion area
is comprised of foothills and valleys.
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60.0
2280
23.06
59.8
2238
14.04
Elevations within the area range from
approximately 500 to 1,200 feet.
Vineyards within the proposed
expansion area are planted on hillsides
at elevations between approximately
600 feet and 1,050 feet.
The topography of the proposed
expansion area is similar to that of the
established Willamette Valley AVA. The
established AVA is composed of rolling
hills and valleys between the Coast
Range Mountains, which are to the west
of the established AVA, and the Cascade
Mountains, which are to its east. The
Coast Range Mountains shelter the AVA
from much of the marine air. Elevations
within the AVA are between
approximately 115 feet and 1,630 feet.
Vineyards are planted on hillsides at
elevations between 200 feet and 1,300
feet. Both the Willamette Valley AVA
and the proposed expansion area are
surrounded by the higher, more
mountainous Cascade Mountains to the
east of the two areas, the Calapooya
Mountains to their south, and the Coast
Range Mountains to their west.
Much of the land within the
Willamette Valley AVA is part of the
Willamette Valley watershed. However,
the petition notes that there are portions
of the AVA that drain into other rivers,
including ‘‘significant acres of land’’ in
the northern portion of the AVA that
drain into the Columbia River. Other
portions of the AVA drain into the
Sandy River and the Siuslaw River. The
proposed expansion area drains into
both the Willamette River and the
Siuslaw River. By contrast, the region
south of the proposed expansion area
and the Willamette Valley AVA drains
exclusively into the Umpqua River.
TTB Determination
TTB concludes that the petition to
expand the boundaries of the
established Willamette Valley AVA
merits consideration and public
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comment, as invited in this notice of
proposed rulemaking.
information in support of your
comments.
Boundary Description
Submitting Comments
See the narrative description of the
boundary of the petitioned-for
expansion area in the proposed
regulatory text published at the end of
this proposed rule.
You may submit comments on this
notice of proposed rulemaking by using
one of the following three methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this notice
of proposed rulemaking within Docket
No. TTB–2015–0008 on
‘‘Regulations.gov,’’ the Federal
e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 152 on the TTB Web site at
https://www.ttb.gov/wine/winerulemaking.shtml. Supplemental files
may be attached to comments submitted
via Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab.
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005.
• Hand Delivery/Courier: You may
hand-carry your comments or have them
hand-carried to the Alcohol and
Tobacco Tax and Trade Bureau, 1310 G
Street NW., Suite 400, Washington, DC
20005.
Please submit your comments by the
closing date shown above in this notice
of proposed rulemaking. Your
comments must reference Notice No.
152 and include your name and mailing
address. Your comments also must be
made in English, be legible, and be
written in language acceptable for
public disclosure. TTB does not
acknowledge receipt of comments, and
TTB considers all comments as
originals.
In your comment, please clearly state
if you are commenting for yourself or on
behalf of an association, business, or
other entity. If you are commenting on
behalf of an entity, your comment must
include the entity’s name, as well as
your name and position title. If you
comment via Regulations.gov, please
enter the entity’s name in the
‘‘Organization’’ blank of the online
comment form. If you comment via
postal mail or hand delivery/courier,
please submit your entity’s comment on
letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Maps
To document the existing and
proposed boundaries of the Willamette
Valley AVA, the petitioner provided a
copy of the required map, and it is listed
below in the proposed regulatory text.
Impact on Current Wine Labels
For a wine to be labeled with a
viticultural area name or with a brand
name that includes an AVA name, at
least 85 percent of the wine must be
derived from grapes grown within the
area represented by that name, and the
wine must meet the other conditions
listed in § 4.25(e)(3) of the TTB
regulations (27 CFR 4.25(e)(3)). If the
wine is not eligible for labeling with an
AVA name and that name appears in the
brand name, then the label is not in
compliance and the bottler must change
the brand name and obtain approval of
a new label. Similarly, if the AVA name
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label. Different rules apply if a wine has
a brand name containing an AVA name
or other viticulturally significant term
that was used as a brand name on a
label approved before July 7, 1986. See
§ 4.39(i)(2) of the TTB regulations (27
CFR 4.39(i)(2)) for details.
The approval of the proposed
expansion of the Willamette Valley
AVA would not affect any other existing
viticultural area. The expansion of the
Willamette Valley AVA would allow
vintners to use ‘‘Willamette Valley’’ as
an appellation of origin for wines made
primarily from grapes grown within the
proposed expansion area if the wines
meet the eligibility requirements for the
appellation.
Public Participation
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Comments Invited
TTB invites comments from interested
members of the public on whether it
should expand the Willamette Valley
AVA as proposed. TTB is specifically
interested in receiving comments on the
similarity of the proposed expansion
area to the established Willamette
Valley AVA, as well as the differences
between the proposed expansion area
and the areas outside the Willamette
Valley AVA. Please provide specific
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Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this notice of proposed
rulemaking, selected supporting
materials, and any online or mailed
comments received about this proposal
within Docket No. TTB–2015–0008 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. 152.
You may also reach the relevant docket
through the Regulations.gov search page
at https://www.regulations.gov. For
information on how to use
Regulations.gov, click on the Web site’s
‘‘Help’’ tab.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
or material that the Bureau considers
unsuitable for posting.
You may also view copies of this
notice of proposed rulemaking, all
related petitions, maps and other
supporting materials, and any electronic
or mailed comments that TTB receives
about this proposal by appointment at
the TTB Information Resource Center,
1310 G Street NW., Washington, DC
20005. You may also obtain copies at 20
cents per 8.5- x 11-inch page. Please
note that TTB is unable to provide
copies of USGS maps or other similarlysized documents that may be included
as part of the AVA petition. Contact
TTB’s information specialist at the
above address or by telephone at 202–
453–2270 to schedule an appointment
or to request copies of comments or
other materials.
Regulatory Flexibility Act
TTB certifies that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of an AVA name
would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
E:\FR\FM\18JNP1.SGM
18JNP1
Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules
Executive Order 12866
It has been determined that this
proposed rule is not a significant
regulatory action as defined by
Executive Order 12866 of September 30,
1993. Therefore, no regulatory
assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this notice
of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, Code of Federal
Regulations, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
the Siuslaw River and the intersection
of Siuslaw River Road and Fire Road, to
the 1,000 foot contour line;
(15) Generally southeast along the
meandering 1,000 foot contour line,
crossing onto the Roseburg, Oregon
map, to the intersection of the 1,000 foot
contour line with the Lane/Douglas
County line;
(16) East along the Lane/Douglas
County line approximately 3.8 miles to
the intersection with the 1,000 foot
contour line just east of the South Fork
of the Siuslaw River;
(17) Generally north, then northeast
along the 1,000 foot contour line around
Spencer Butte, and then generally south
to a point along the Lane/Douglas
County line 0.5 mile north of Interstate
Highway 99;
*
*
*
*
*
Signed: June 11, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015–15036 Filed 6–17–15; 8:45 am]
BILLING CODE 4810–31–P
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
EMPLOYEE BENEFITS SECURITY
ADMINISTRATION
2. Section 9.90 is amended by revising
paragraph (b) introductory text, adding
new paragraph (b)(4), removing
paragraphs (c)(11) through (c)(13),
redesignating paragraphs (c)(14) through
(c)(32) as paragraphs (c)(18) through
(c)(36), and adding new paragraphs
(c)(11) through (c)(17) to read as follows:
29 CFR Parts 2509, 2510, and 2550
§ 9.90
AGENCY:
■
Willamette Valley.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
*
*
*
*
*
(b) Approved maps. The approved
maps for determining the boundaries of
the Willamette Valley viticultural area
are three U.S.G.S. Oregon maps scaled
1:250,000 and one U.S.G.S. Oregon map
scaled 1:24,000. They are entitled:
*
*
*
*
*
(4) ‘‘Letz Creek, OR’’ (revised 1984).
(c) * * *
(11) Northeast, then southeast along
the 1,000 foot contour line
approximately 12 miles to its
intersection with the R5W/R6W range
line;
(12) South along the R5W/R6W range
line approximately 0.25 mile to the
intersection with the 1,000 foot contour
line;
(13) Generally southeast along the
meandering 1,000 foot contour line,
crossing onto the Letz Creek map, to a
point on the 1,000 foot contour line
located due north of the intersection of
Siuslaw River Road and Fire Road;
(14) South in a straight line
approximately 0.55 mile, crossing over
VerDate Sep<11>2014
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RIN 1210–AB32; 1210–ZA25
Hearing on Definition of the Term
‘‘Fiduciary’’; Conflict of Interest RuleRetirement Investment Advice and
Related Proposed Prohibited
Transaction Exemptions
Employee Benefits Security
Administration, Labor.
ACTION: Notice of hearing and extension
of comment period.
Notice is hereby given that
the Employee Benefits Security
Administration (EBSA) will hold a
public hearing on August 10, 11, and 12,
and continuing through August 13, 2015
(if necessary) to consider issues
attendant to adopting a regulation
concerning its proposed conflict of
interest rule and related proposed
prohibited transaction exemptions. The
Department also is extending the date
by which comments may be submitted
on the proposed rule and proposed new
and amended exemptions. Public
comments on the proposals may now be
submitted to the Department on or
before July 21, 2015.
DATES: The comment periods for the
proposed rule and six proposed
prohibited transaction exemptions
published on April 20, 2015 (80 FR
21928, 21960, 22004, 22034, 22010,
22021, and 21989) have been extended,
SUMMARY:
PO 00000
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34869
and comments on the proposals must be
received on or before July 21, 2015. The
hearing will be held on August 10, 11,
and 12, and continuing through August
13, 2015 (if necessary) beginning each
day at 9 a.m. EDT.
ADDRESSES: The hearing will be held in
´
´
the Cesar E. Chavez Memorial
Auditorium at the U.S. Department of
Labor, Frances Perkins Building, 200
Constitution Avenue NW., Washington,
DC 20210. You may submit a request to
testify at the hearing by any of the
following methods:
• Email to e-ORI@dol.gov, subject
line: Conflict of Interest Rule Hearing.
• Mail: Office of Regulations and
Interpretations, Employee Benefits
Security Administration, Attn: Conflict
of Interest Rule Hearing, Room N–5655,
U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210.
Requests to testify must be received by
5:00 p.m. EDT, July 24, 2015.
You may submit comments on the
proposed rule and proposed prohibited
transaction exemptions by the methods
identified below.
For the proposed rule, identified by
RIN 1210–AB32, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow
instructions for submitting comments.
Email: e-ORI@dol.gov. Include RIN
1210–AB32 in the subject line of the
message.
Mail: Office of Regulations and
Interpretations, Employee Benefits
Security Administration, Attn: Conflict
of Interest Rule, Room N–5655, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210.
Hand Delivery/Courier: Office of
Regulations and Interpretations,
Employee Benefits Security
Administration, Attn: Conflict of
Interest Rule, Room N–5655, U.S.
Department of Labor, 200 Constitution
Avenue NW., Washington, DC 20210.
For the proposed prohibited
transactions exemptions, identified by
RIN 1210–ZA25, by any of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov at Docket ID
number: EBSA–2014–0016. Follow the
instructions for submitting comments.
Email to: e-OED@dol.gov. Include RIN
1210–ZA25 in the subject line of the
message.
Fax to: (202) 693–8474. Include RIN
1210–ZA25 in the subject line of the
message.
Mail: Office of Exemption
Determinations, Employee Benefits
Security Administration, U.S.
E:\FR\FM\18JNP1.SGM
18JNP1
]]>Agencies
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Proposed Rules]
[Pages 34864-34869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15036]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2015-0008; Notice No. 152]
RIN 1513-AC21
Proposed Expansion of the Willamette 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
expand the approximately 5,360-square mile ``Willamette Valley''
viticultural area in northwestern Oregon by approximately 29 square
miles. The established Willamette Valley viticultural area and the
proposed expansion area do not lie within any other 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 August 17, 2015.
ADDRESSES: Please send your comments on this notice of proposed
rulemaking to one of the following addresses:
Internet: https://www.regulations.gov (via the online
comment form for this notice of proposed rulemaking as posted within
Docket No. TTB-2015-0008 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 400, Washington, DC
20005.
See the Public Participation section of this notice of proposed
rulemaking 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, 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 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 American viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region 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 the establishment of an AVA and
provides that any interested party may petition TTB to establish a
grape-growing region as an AVA. Petitioners may use the same procedures
to request changes involving existing AVAs. Section 9.12(c) of the TTB
regulations (27 CFR 9.12(c)) prescribes standards for petitions for
modifying established AVAs. Petitions to expand an established AVA must
include the following:
Evidence that the region within the proposed expansion
area boundary is nationally or locally known by the name of the
established AVA;
An explanation of the basis for defining the boundary of
the proposed expansion area;
A narrative description of the features of the proposed
expansion area affecting viticulture, including climate, geology,
soils, physical features, and elevation, that make the proposed
expansion area similar to the established AVA and distinguish it from
adjacent areas outside the established AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed expansion area, with the
boundary of the proposed expansion area clearly drawn thereon; and
A detailed narrative description of the proposed expansion
area boundary based on USGS map markings.
Petition To Expand the Willamette Valley AVA
TTB received a petition from Steve Thomson, the executive vice
president of King Estate Winery in Eugene, Oregon, proposing to expand
the established ``Willamette Valley'' AVA in northwestern Oregon. The
Willamette Valley AVA (27 CFR 9.90) was established by T.D. ATF-162,
which published in the Federal Register on December 1, 1983 (48 FR
54221). The Willamette Valley AVA covers approximately 5,360 square
miles in Benton, Lane, Linn, Clackamas, Lincoln, Marion, Multnomah,
Polk, Tillamook, Washington, and Yamhill Counties. The Willamette
Valley AVA is not located within any other AVA, but it does contain six
smaller AVAs: Chehalem Mountains, Dundee Hills, Eola-Amity Hills,
McMinnville, Ribbon Ridge, and Yamhill-Carlton.
The proposed expansion area is located in Lane County adjacent to
the
[[Page 34865]]
southern tip of the existing Willamette Valley AVA boundary and covers
approximately 29 square miles. The King Estate Winery operates one of
the two commercial vineyards covering a total of 508 acres located
within the proposed expansion area, and has provided information that
the second vineyard affected is also in favor of the proposed
expansion. King Estate Winery and the second vineyard each have a
winery within the proposed expansion area. A third winery would also be
included; however, it does not operate a vineyard within the proposed
expansion area. The vineyards and the wineries did not exist when the
Willamette Valley AVA was established in 1983 and currently are not
located within any AVA. The petition included letters from the
president of the Willamette Valley Wineries Association and the
president of the Oregon Winegrowers Association in support of the
proposed expansion. According to the petition, the soils, climate, and
topography of the proposed expansion area are consistent with those of
the established AVA. Unless otherwise noted, all information and data
pertaining to the proposed expansion area contained in this document
come from the petition and its supporting exhibits.
Name Evidence
The petition provides evidence that the proposed expansion area is
associated with the established Willamette Valley AVA. King Estate
Winery, where the petitioner is the executive vice president, is
located within the proposed expansion area and has a ``Eugene, Oregon''
mailing address. The city of Eugene is located within the current
boundaries of the Willamette Valley AVA. The petition also states that
the two vineyards located within the proposed expansion area are
included in the National Agricultural Statistics Service's annual
compilation of vineyard statistics within the region called the ``South
Willamette Valley.''
Finally, the petition includes excerpts from wine lists from 11
different restaurants across the United States and one in Denmark that
offer wines from the King Estate Winery. Although wines from the King
Estate Winery use ``Oregon'' as the appellation of origin on their
labels, the restaurant wine lists all describe the wine as coming from
``Willamette,'' ``Willamette Valley,'' or ``Willamette, Oregon.'' The
petition states that these wine lists demonstrate that sellers and
consumers currently associate the wines made in the proposed expansion
area with the Willamette Valley AVA, even though the King Estate Winery
does not market or label the wines as such.
Boundary Evidence
The Willamette Valley AVA is a long, narrow region encompassing the
Willamette River basin. The AVA is approximately 120 miles long and 60
miles wide. The current AVA boundary begins at the intersection of the
Multnomah-Columbia County line and the Oregon-Washington boundary. The
current boundary then proceeds southward, primarily following the
meandering 1,000-foot elevation contour, into Lane County. South of the
city of Eugene and north of the Siuslaw River, the current AVA boundary
briefly leaves the 1,000-foot elevation contour near Panther Creek and
follows a series of straight lines drawn between marked features on the
USGS maps before reconnecting with the 1,000-foot elevation contour
near the community of Lorane. The current boundary then follows the
elevation contour as it meanders southward to Sharps Creek, to a point
near the Lane-Douglas County line. The current boundary then follows
the 1,000-foot elevation contour as it turns northward and returns to
the Oregon-Washington boundary. According to T.D. ATF-162, the 1,000-
foot elevation contour was chosen to form the majority of the AVA
boundary because 1,000 feet is the maximum elevation for successful
viticulture in this region of Oregon.
The boundary of the proposed expansion area would modify the
portion of the current AVA boundary that follows the straight lines
drawn between marked features on the USGS maps near Panther Creek, in
the southwestern portion of the AVA. The proposed expansion boundary
would not use straight lines between points but instead would continue
to follow the 1,000-foot elevation contour to the Lane-Douglas county
line. The proposed expansion area boundary would then proceed east
along the Lane-Douglas county line until it rejoins the 1,000-foot
elevation contour, and then proceed north-northeasterly along the
elevation contour until it joins the current Willamette Valley AVA
boundary near Lorane. The proposed expansion area would not extend
south into Douglas County because the Douglas County line forms the
northern boundary of the Umpqua River Valley AVA (27 CFR 9.89), which
has features that are distinctive from those of the Willamette Valley
AVA.
Both the established Willamette Valley AVA and the proposed
expansion area are surrounded to the west, east, and immediate south by
high, steep mountains. To the east are the Cascade Mountains, and to
the west are the Coast Range Mountains. To the south are the Calapooya
Mountains, as well as the Umpqua River Valley.
Distinguishing Features
As justification of the expansion area, which is based on
similarities in distinguishing features, the expansion petition quotes
the original Willamette Valley AVA petition, which stated, ``[I]t is
the intention of the Oregon Winegrowers Association to define this area
as broadly as geographical data and viticultural experience will allow,
so as not to stifle experimentation in new sites. * * * If any such
sites come to light during the evaluation of this petition, we would
urge they be included in the final description of the viticultural
area.'' According to the petition, the proposed expansion area contains
the same climate, soils, and topography as the established Willamette
Valley AVA. The expansion petition concludes that, had the two
vineyards in the proposed expansion area existed at the time the
Willamette Valley AVA was established, the proposed expansion area
would have been included because the region shares characteristics
similar to those of the established AVA. Those characteristics are
discussed in detail below.
Climate
The petition compared the climate of the proposed expansion area to
that of the established Willamette Valley AVA and the surrounding
regions. The petition included a map generated using the PRISM mapping
system \1\ that showed the growing degree day \2\ (GDD) accumulations
and average growing season temperatures throughout the proposed
expansion area, the
[[Page 34866]]
established AVAs within the Willamette Valley AVA, and the surrounding
regions. The following tables summarize the data from the map:
---------------------------------------------------------------------------
\1\ The 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. (PRISM Climate Group, Oregon State University,
https://prism.oregonstate.edu, created 4 February 2004.)
\2\ In the Winkler climate classification system, annual heat
accumulation during the growing season, measured in annual growing
degree days (GDD), defines climatic regions. One GDD accumulates for
each degree Fahrenheit that a day's mean temperature is above 50
degrees, the minimum temperature required for grapevine growth
(``General Viticulture,'' by Albert J. Winkler, University of
California Press, 1974, pages 61-64).
Table 1--Average Growing Season Temperatures
[Degrees Fahrenheit (F)]
----------------------------------------------------------------------------------------------------------------
Average Average
Location minimum maximum Average mean
temperature temperature temperature
----------------------------------------------------------------------------------------------------------------
Proposed Expansion Area......................................... 58.2 59.1 58.6
----------------------------------------------------------------------------------------------------------------
Temperatures Within Willamette Valley AVA
----------------------------------------------------------------------------------------------------------------
Chehalem Mountains AVA.......................................... 55.9 59.8 58.7
Eola-Amity Hills AVA............................................ 57.6 59.5 58.8
McMinnville AVA................................................. 57.1 59.6 58.9
Yamhill-Carlton AVA............................................. 56.8 59.9 59.0
Ribbon Ridge AVA................................................ 58.5 59.4 59.0
Dundee Hills AVA................................................ 57.7 59.7 59.1
----------------------------------------------------------------------------------------------------------------
Temperatures South of Willamette Valley AVA and Proposed Expansion Area
----------------------------------------------------------------------------------------------------------------
Umpqua Valley AVA............................................... 55.9 61.5 59.3
----------------------------------------------------------------------------------------------------------------
Table 2--Growing Degree Day Accumulations
----------------------------------------------------------------------------------------------------------------
Average Average
Location minimum maximum Average mean
accumulations accumulations accumulations
----------------------------------------------------------------------------------------------------------------
Proposed Expansion Area......................................... 1780 1935 1862
----------------------------------------------------------------------------------------------------------------
GDD Accumulations Within Willamette Valley AVA
----------------------------------------------------------------------------------------------------------------
Chehalem Mountains AVA.......................................... 1382 2093 1885
Eola-Amity Hills AVA............................................ 1683 2048 1906
McMinnville AVA................................................. 1597 2059 1919
Yamhill-Carlton AVA............................................. 1544 2124 1930
Ribbon Ridge AVA................................................ 1843 2016 1931
Dundee Hills AVA................................................ 1692 2077 1946
----------------------------------------------------------------------------------------------------------------
GDD Accumulations South of Willamette Valley AVA and Proposed Expansion Area
----------------------------------------------------------------------------------------------------------------
Umpqua Valley AVA............................................... 1415 2468 2007
----------------------------------------------------------------------------------------------------------------
The PRISM data shows that during the growing season, the proposed
expansion area and the six established AVAs within the larger
Willamette Valley AVA all have lower average mean temperatures and
average maximum temperatures and higher average minimum temperatures
than the Umpqua Valley AVA. Growing season temperatures within the
proposed expansion area are most similar to those in the Chehalem
Mountains, Eola-Amity Hills, and McMinnville AVAs. Although the average
GDD accumulations within the proposed expansion area are lower than
those of the six established AVAs within the Willamette Valley AVA,
they are more similar to those accumulations than to the higher GDD
accumulations of the Umpqua Valley AVA.
The petition also included information on the growing season
temperatures, rainfall amounts, and GDD accumulations from a private
weather station at the King Estate Vineyard, within the proposed
expansion area, and from regional weather stations located in Cottage
Grove, Eugene, and Drain, Oregon. According to the petition, Cottage
Grove is approximately 11 miles east of the King Estate Vineyard,
Eugene is approximately 18 miles northeast of the vineyard, and Drain
is just over 15 miles south of the vineyard. The data was collected
from each station from April 1 through October 31 from 2008 through
2012. Although data from Eugene was included in the petition, the
petitioner states that the data from that location is not a good
representative of temperatures within the nearby portions of the
Willamette Valley AVA because the weather station is located at the
Eugene airport and represents a warmer urban-biased climate. Therefore,
although all the climate data provided in the petition is available for
viewing in Docket No. TTB-2015-0008, the Eugene data has been omitted
from the following table:
Table 3--Growing Season Climate Data
----------------------------------------------------------------------------------------------------------------
Description 2008 2009 2010 2011 2012 Average
----------------------------------------------------------------------------------------------------------------
King Estate Vineyard (within proposed expansion area)
----------------------------------------------------------------------------------------------------------------
Average Mean Temperature (degrees F).... 57.2 58.4 57.0 56.8 58.5 57.6
[[Page 34867]]
GDD Accumulations....................... 1827 2001 1709 1697 1957 1838
Total Precipitation (inches)............ 6.84 12.06 21.36 14.09 11.84 13.24
----------------------------------------------------------------------------------------------------------------
Cottage Grove, OR (east of proposed expansion area, within Willamette Valley AVA)
----------------------------------------------------------------------------------------------------------------
Average Mean Temperature (degrees F).... 58.3 59.8 58.2 57.8 58.8 58.6
GDD Accumulations....................... 2037 2277 1945 1864 2033 2031
Total Precipitation (inches)............ 10.32 14.84 22.85 17.47 17.07 16.51
----------------------------------------------------------------------------------------------------------------
Drain, OR (south of proposed expansion area, in Umpqua Valley AVA)
----------------------------------------------------------------------------------------------------------------
Average Mean Temperature (Degrees F).... 59.9 60.8 60.0 59.8 60.9 60.3
GDD Accumulations....................... 2302 2467 2280 2238 2419 2341
Total Precipitation (inches)............ 7.63 12.96 23.06 14.04 15.04 14.55
----------------------------------------------------------------------------------------------------------------
The data shows that although precipitation amounts within the
proposed expansion area are similar to the precipitation amounts for
Cottage Grove (located within the Willamette Valley AVA) and Drain
(located within the Umpqua Valley AVA), the proposed expansion area's
GDD accumulations are more similar to those of the Willamette Valley
location. Additionally, the proposed expansion area's average mean
temperatures are more similar to that of the Willamette Valley
location. The data from the King Estate Winery weather station, within
the proposed expansion area, is also similar to that generated by the
PRISM mapping system for the entire proposed expansion area, which is
summarized in tables 1 and 2.
Soils
The petition included an analysis of the soils of the proposed
expansion area. According to the analysis, the five most common soil
series within the proposed expansion area are, from most to least
common, the Bellpine, Willakenzie, Dupee, Jory, and Peavine series.
These five soils cover approximately 74 percent of the proposed
expansion area. These soils are also considered to be in the ``xeric''
moisture regime of soil classification. Xeric soils are common in
regions with a ``Mediterranean'' climate, which consists of cool, moist
winters and warm, dry summers. As a result of the warm, dry summers,
xeric soils typically retain little water by the end of the growing
season.
According to the petition, there are 23 soil series present within
the Willamette Valley AVA, including all five of the most common soil
series found within the proposed expansion area. The most common soils
within the Willamette Valley AVA are from the Jory series, followed by
soils of the Willakenzie series. Soils of the Bellpine, Dupee, and
Peavine series are the ninth, eleventh, and twelfth most common soils
within the Willamette Valley, respectively.
T.D. ATF-162, which established the Willamette Valley AVA, did not
describe the soils of the AVA or the surrounding regions in great
detail, only noting that the soils within the AVA were silty loams and
clay loams, while the surrounding regions contained ``mountain soils.''
The proposed expansion petition describes the soils outside both the
proposed expansion area and the Willamette Valley AVA in more detail.
According to the petition, the Peavine soils that are found both in the
proposed expansion area and the Willamette Valley AVA are also present
in the surrounding regions outside the AVA and the proposed expansion
area. However, the region outside the AVA also contains Blanchley,
Honeygrove Complex, Bohanon, Preacher, Klickitat, Kirney, and Digger
Complex soils, which are not found in either the proposed expansion
region or the Willamette Valley AVA. Additionally, the petition notes
that, with the exception of the Peavine soils, the soils outside the
proposed expansion area and the Willamette Valley AVA are all in the
``udic'' moisture regime of soil classification. Udic soils are common
in humid climates where rainfall is evenly distributed throughout the
year. As a result, udic soils typically retain even amounts of moisture
throughout the year, unlike the drier xeric soils of the proposed
expansion area and the Willamette Valley AVA.
Topography
The proposed expansion area is located on the leeward side of the
Coast Range Mountains, which shelter the proposed expansion area from
most of the cool, moist marine air that flows inward from the Pacific
Ocean. The terrain of the proposed expansion area is comprised of
foothills and valleys. Elevations within the area range from
approximately 500 to 1,200 feet. Vineyards within the proposed
expansion area are planted on hillsides at elevations between
approximately 600 feet and 1,050 feet.
The topography of the proposed expansion area is similar to that of
the established Willamette Valley AVA. The established AVA is composed
of rolling hills and valleys between the Coast Range Mountains, which
are to the west of the established AVA, and the Cascade Mountains,
which are to its east. The Coast Range Mountains shelter the AVA from
much of the marine air. Elevations within the AVA are between
approximately 115 feet and 1,630 feet. Vineyards are planted on
hillsides at elevations between 200 feet and 1,300 feet. Both the
Willamette Valley AVA and the proposed expansion area are surrounded by
the higher, more mountainous Cascade Mountains to the east of the two
areas, the Calapooya Mountains to their south, and the Coast Range
Mountains to their west.
Much of the land within the Willamette Valley AVA is part of the
Willamette Valley watershed. However, the petition notes that there are
portions of the AVA that drain into other rivers, including
``significant acres of land'' in the northern portion of the AVA that
drain into the Columbia River. Other portions of the AVA drain into the
Sandy River and the Siuslaw River. The proposed expansion area drains
into both the Willamette River and the Siuslaw River. By contrast, the
region south of the proposed expansion area and the Willamette Valley
AVA drains exclusively into the Umpqua River.
TTB Determination
TTB concludes that the petition to expand the boundaries of the
established Willamette Valley AVA merits consideration and public
[[Page 34868]]
comment, as invited in this notice of proposed rulemaking.
Boundary Description
See the narrative description of the boundary of the petitioned-for
expansion area in the proposed regulatory text published at the end of
this proposed rule.
Maps
To document the existing and proposed boundaries of the Willamette
Valley AVA, the petitioner provided a copy of the required map, and it
is listed below in the proposed regulatory text.
Impact on Current Wine Labels
For a wine to be labeled with a viticultural area name or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in Sec.
4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)). If the wine is
not eligible for labeling with an AVA name and that name appears in the
brand name, then the label is not in compliance and the bottler must
change the brand name and obtain approval of a new label. Similarly, if
the AVA name appears in another reference on the label in a misleading
manner, the bottler would have to obtain approval of a new label.
Different rules apply if a wine has a brand name containing an AVA name
or other viticulturally significant term that was used as a brand name
on a label approved before July 7, 1986. See Sec. 4.39(i)(2) of the
TTB regulations (27 CFR 4.39(i)(2)) for details.
The approval of the proposed expansion of the Willamette Valley AVA
would not affect any other existing viticultural area. The expansion of
the Willamette Valley AVA would allow vintners to use ``Willamette
Valley'' as an appellation of origin for wines made primarily from
grapes grown within the proposed expansion area if the wines meet the
eligibility requirements for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should expand the Willamette Valley AVA as proposed. TTB is
specifically interested in receiving comments on the similarity of the
proposed expansion area to the established Willamette Valley AVA, as
well as the differences between the proposed expansion area and the
areas outside the Willamette Valley AVA. Please provide specific
information in support of your comments.
Submitting Comments
You may submit comments on this notice of proposed rulemaking by
using one of the following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice of proposed rulemaking
within Docket No. TTB-2015-0008 on ``Regulations.gov,'' the Federal e-
rulemaking portal, at https://www.regulations.gov. A direct link to that
docket is available under Notice No. 152 on the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml">https://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be
attached to comments submitted via Regulations.gov. For complete
instructions on how to use Regulations.gov, visit the site and click on
the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW., Suite 400, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice of proposed rulemaking. Your comments must reference Notice No.
152 and include your name and mailing address. Your comments also must
be made in English, be legible, and be written in language acceptable
for public disclosure. TTB does not acknowledge receipt of comments,
and TTB considers all comments as originals.
In your comment, please clearly state if you are commenting for
yourself or on behalf of an association, business, or other entity. If
you are commenting on behalf of an entity, your comment must include
the entity's name, as well as your name and position title. If you
comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this notice of proposed
rulemaking, selected supporting materials, and any online or mailed
comments received about this proposal within Docket No. TTB-2015-0008
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. 152. You may also reach the relevant docket through the
Regulations.gov search page at https://www.regulations.gov. For
information on how to use Regulations.gov, click on the Web site's
``Help'' tab.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this notice of proposed rulemaking, all
related petitions, maps and other supporting materials, and any
electronic or mailed comments that TTB receives about this proposal by
appointment at the TTB Information Resource Center, 1310 G Street NW.,
Washington, DC 20005. You may also obtain copies at 20 cents per 8.5- x
11-inch page. Please note that TTB is unable to provide copies of USGS
maps or other similarly-sized documents that may be included as part of
the AVA petition. Contact TTB's information specialist at the above
address or by telephone at 202-453-2270 to schedule an appointment or
to request copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of an AVA name would be the result of a proprietor's
efforts and consumer acceptance of wines from that area. Therefore, no
regulatory flexibility analysis is required.
[[Page 34869]]
Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this notice of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Section 9.90 is amended by revising paragraph (b) introductory text,
adding new paragraph (b)(4), removing paragraphs (c)(11) through
(c)(13), redesignating paragraphs (c)(14) through (c)(32) as paragraphs
(c)(18) through (c)(36), and adding new paragraphs (c)(11) through
(c)(17) to read as follows:
Sec. 9.90 Willamette Valley.
* * * * *
(b) Approved maps. The approved maps for determining the boundaries
of the Willamette Valley viticultural area are three U.S.G.S. Oregon
maps scaled 1:250,000 and one U.S.G.S. Oregon map scaled 1:24,000. They
are entitled:
* * * * *
(4) ``Letz Creek, OR'' (revised 1984).
(c) * * *
(11) Northeast, then southeast along the 1,000 foot contour line
approximately 12 miles to its intersection with the R5W/R6W range line;
(12) South along the R5W/R6W range line approximately 0.25 mile to
the intersection with the 1,000 foot contour line;
(13) Generally southeast along the meandering 1,000 foot contour
line, crossing onto the Letz Creek map, to a point on the 1,000 foot
contour line located due north of the intersection of Siuslaw River
Road and Fire Road;
(14) South in a straight line approximately 0.55 mile, crossing
over the Siuslaw River and the intersection of Siuslaw River Road and
Fire Road, to the 1,000 foot contour line;
(15) Generally southeast along the meandering 1,000 foot contour
line, crossing onto the Roseburg, Oregon map, to the intersection of
the 1,000 foot contour line with the Lane/Douglas County line;
(16) East along the Lane/Douglas County line approximately 3.8
miles to the intersection with the 1,000 foot contour line just east of
the South Fork of the Siuslaw River;
(17) Generally north, then northeast along the 1,000 foot contour
line around Spencer Butte, and then generally south to a point along
the Lane/Douglas County line 0.5 mile north of Interstate Highway 99;
* * * * *
Signed: June 11, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-15036 Filed 6-17-15; 8:45 am]
BILLING CODE 4810-31-P
