Establishment of the Eagle Foothills Viticultural Area, 73658-73660 [2015-29986]
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73658
Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations
Fairness Act of 1996.98 The Commission
will submit the final rule to both houses
of Congress and to the General
Accountability Office.
By the Commission.
Issued: November 19, 2015.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2015–29971 Filed 11–24–15; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2015–0006; T.D. TTB–131;
Ref: Notice No. 150]
RIN 1513–AC18
Establishment of the Eagle Foothills
Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) establishes the
approximately 49,815-acre ‘‘Eagle
Foothills’’ viticultural area in Gem and
Ada Counties in Idaho. The viticultural
area lies entirely within the established
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.
DATES: This final rule is effective
December 28, 2015.
FOR FURTHER INFORMATION CONTACT:
Dominique Christianson, 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. 278.
SUPPLEMENTARY INFORMATION:
SUMMARY:
jstallworth on DSK7TPTVN1PROD with RULES
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
98 See
5 U.S.C. 804(2).
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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
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 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;
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• 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.
Eagle Foothills Petition
TTB received a petition from Martha
Cunningham, owner of the 3 Horse
Ranch Vineyards, on behalf of the local
grape growers and vintners, proposing
the establishment of the ‘‘Eagle
Foothills’’ AVA in Gem and Ada
Counties, Idaho. The proposed AVA is
immediately north of the city of Eagle
and is approximately 10 miles
northwest of the city of Boise. The Eagle
Foothills AVA is located entirely within
the established Snake River Valley AVA
(27 CFR 9.208) and does not overlap
with any other existing or proposed
AVA. The original proposed name for
the AVA was ‘‘Willow Creek Idaho.’’
However, TTB determined that the
petition did not sufficiently demonstrate
that the region is known by that name.
Therefore, the petitioner submitted a
request to change the proposed AVA
name to ‘‘Eagle Foothills.’’
The proposed Eagle Foothills AVA
contains approximately 49,815 acres,
with 9 commercially-producing
vineyards covering a total of 67 acres
distributed throughout the proposed
AVA. The petition states that an
additional 4 acres will soon be added to
an existing vineyard and that an
additional 7 commercial vineyards
covering approximately 472 acres are
planned within the next few years.
According to the petition, the
distinguishing features of the proposed
Eagle Foothills AVA are its topography,
climate, and soils. The proposed AVA is
located within the Unwooded Alkaline
Foothills ecoregion of Idaho. This
ecoregion is defined as an arid, sparsely
populated region of rolling foothills,
benches, and alluvial fans underlain by
alkaline lake bed deposits. A network of
seasonal creeks flowing southwesterly
through the proposed AVA have created
deep gulches and a rugged terrain that
has a variety of slope aspects favorable
to the vineyard owners. The elevation
within the proposed AVA ranges from
2,490 feet to approximately 3,400 feet,
with an average elevation of 2,900 feet.
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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations
The high elevations enable cold air to
drain from the proposed AVA and pool
within the lower surrounding
elevations, resulting in fewer damaging
frosts within the proposed AVA. The
cool climate and relatively short
growing season are suitable for growing
early- to mid-season varieties of grapes
such as Chardonnay, Pinot Gris, and
Riesling. The proposed AVA contains a
variety of soils, but loams, sandy loams,
coarse sandy loams, and stony loams are
predominant and are notable for their
large, irregularly shaped, coarse grains.
Due to the grains’ irregular shapes,
‘‘pockets’’ of oxygen form in the soil,
which promote healthy root growth and
allow for rapid water drainage.
Compared with the proposed AVA,
the Emmett Valley and Payette River
Plain to the north are lower, flatter, and
have greater population density than the
proposed AVA. Due to the lower
elevations, the region to the north has a
warmer climate and a longer growing
season than the proposed AVA. The
soils in the region to the north of the
proposed AVA are derived from active
flood plain alluvium. These soils have
a finer, more uniform texture and
greater water-holding capacity than the
soils of the proposed Eagle Foothills
AVA.
East of the proposed AVA is the
mountainous region known as the Boise
Front, which has higher elevations. Due
to the higher elevations, the region to
the east has a shorter growing season
and cooler growing season temperatures
than the proposed AVA. The soils of the
Boise Front are predominantly
composed of granite and volcanic
materials and lack the sedimentary
materials found in the soils of the
proposed AVA.
The Boise River Plain is to the south
of the proposed AVA, and this region
has lower elevations, shallow slope
plains, and a longer growing season
than the proposed AVA. The soils in
this region are similar to the soils north
of the proposed AVA, in that they are
derived from flood plain alluvium and
are finer than the soils within the
proposed Eagle Foothills AVA.
Finally, the region to the west is also
within the Boise River Plain which, as
mentioned previously, has a lower
elevation and warmer temperatures,
which provide longer growing seasons
than are found within the proposed
AVA. Furthermore, when compared to
the proposed AVA, the soils in the
region to the west are fine-grained and
the bedrock has a greater depth.
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Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 150 in the
Federal Register on April 14, 2015 (80
FR 19908), proposing to establish the
Eagle Foothills AVA. In the notice, TTB
summarized the evidence from the
petition regarding the name, boundary,
and distinguishing features for the
proposed AVA. The notice also
compared the distinguishing features of
the proposed AVA to the surrounding
areas. For a detailed description of the
evidence relating to the name,
boundary, and distinguishing features of
the proposed AVA, and for a detailed
comparison of the distinguishing
features of the proposed AVA to the
surrounding areas, see Notice No. 150.
In Notice No. 150, TTB solicited
comments on the accuracy of the name,
boundary, and other required
information submitted in support of the
petition. In addition, given the proposed
Eagle Foothills AVA’s location within
the existing Snake River Valley AVA,
TTB solicited comments on whether the
geographic features of the proposed
AVA sufficiently differentiate it from
the existing Snake River Valley AVA.
Finally, TTB requested comments on
whether the geographic features of the
proposed AVA are so distinguishable
from the surrounding Snake River
Valley AVA that the proposed Eagle
Foothills AVA should no longer be part
of the established AVA. The comment
period closed on June 15, 2015. TTB
received no comments in response to
Notice No. 150.
TTB Determination
After careful review of the petition,
TTB finds that the evidence provided by
the petitioner supports the
establishment of the Eagle Foothills
AVA. Accordingly, under the authority
of the FAA Act, section 1111(d) of the
Homeland Security Act of 2002, and
part 4 of the TTB regulations, TTB
establishes the ‘‘Eagle Foothills’’ AVA
in Gem and Ada Counties in Idaho,
effective 30 days from the publication
date of this document.
TTB has also determined that the
Eagle Foothills AVA will remain part of
the established Snake River Valley
AVA. As discussed in Notice No. 150,
the proposed Eagle Foothills AVA is
located along the eastern edge of the
Snake River Valley AVA and shares the
same broad characteristics of this AVA,
in that both regions are semiarid and
have vineyards that are planted on
slopes to maximize sunlight exposure
and minimize the risk of frost. However,
the Eagle Foothills AVA receives several
more inches of precipitation per year
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and has a slightly longer growing
season. Additionally, the Snake River
Valley AVA contains a large variety of
diverse soils, unlike the proposed AVA
which has fairly uniform soil
characteristics throughout.
Boundary Description
See the narrative description of the
boundary of the Eagle Foothills AVA in
the regulatory text published at the end
of this final rule.
Maps
The petitioner provided the required
maps, and they are listed below in the
regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name
or with a brand name that includes an
AVA name, at least 85 percent of the
wine must be derived from grapes
grown within the area represented by
that name, and the wine must meet the
other conditions listed in 27 CFR
4.25(e)(3). If the wine is not eligible for
labeling with an AVA name and that
name appears in the brand name, then
the label is not in compliance and the
bottler must change the brand name and
obtain approval of a new label.
Similarly, if the AVA name appears in
another reference on the label in a
misleading manner, the bottler would
have to obtain approval of a new label.
Different rules apply if a wine has a
brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
With the establishment of this AVA,
its name, ‘‘Eagle Foothills,’’ will 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 regulation clarifies this point.
Consequently, wine bottlers using the
name ‘‘Eagle Foothills’’ in a brand
name, including a trademark, or in
another label reference as to the origin
of the wine, will have to ensure that the
product is eligible to use the AVA name
as an appellation of origin.
The establishment of the Eagle
Foothills AVA will not affect any
existing AVA, and any bottlers using
‘‘Snake River Valley’’ as an appellation
of origin or in a brand name for wines
made from grapes grown within the
Snake River Valley AVA will not be
affected by the establishment of this
new AVA. The establishment of the
Eagle Foothills AVA will allow vintners
to use ‘‘Eagle Foothills’’ and ‘‘Snake
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Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations
River Valley’’ as appellations of origin
for wines made primarily from grapes
grown within the Eagle Foothills AVA
if the wines meet the eligibility
requirements for the appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will
not have a significant economic impact
on a substantial number of small
entities. The 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.
Executive Order 12866
It has been determined that this final
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
Dominique Christianson of the
Regulations and Rulings Division
drafted this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, TTB amends title 27, chapter
I, part 9, Code of Federal Regulations, as
follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Subpart C is amended by adding
§ 9.252 to read as follows:
■
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§ 9.252
Eagle Foothills.
(a) Name. The name of the viticultural
area described in this section is ‘‘Eagle
Foothills’’. For purposes of part 4 of this
chapter, ‘‘Eagle Foothills’’ is a term of
viticultural significance.
(b) Approved maps. The 6 United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Eagle
Foothills viticultural area are titled:
(1) Southwest Emmett, Idaho, 1970;
(2) Southeast Emmett, Idaho,
provisional edition 1985;
(3) Pearl, Idaho, provisional edition
1985;
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(4) Eagle, Idaho, 1998;
(5) Star, Idaho, 1953; and
(6) Middleton, Idaho, 1958;
photorevised 1971.
(c) Boundary. The Eagle Foothills
viticultural area is located in Gem and
Ada Counties in Idaho. The boundary of
the Eagle Foothills viticultural area is as
described below:
(1) The beginning point is on the
Southwest Emmett map at the
intersection of the Ada, Gem, and
Canyon County lines at the
southwestern corner of section 31, T6N/
R1W.
(2) From the beginning point, proceed
north along the western boundary of
sections 31 and 30 to the northwest
corner of section 31, T6N/R1W; then
(3) Proceed north-northeast in a
straight line to the marked 3,109-foot
elevation point near the southwest
corner of section 31, T6N/R1W; then
(4) Proceed northeast in a straight
line, crossing onto the Southeast
Emmett map, to the marked 3,230-foot
elevation point in section 22, T6N/R1W;
then
(5) Proceed east-northeast in a straight
line to the marked 3,258-foot elevation
point in section 23, T6N/R1W; then
(6) Proceed easterly in a straight line
to the 3,493-foot elevation point in
section 23, T6N/R1W; then
(7) Proceed northeast in a straight line
to the 3,481-foot elevation point in
section 13, T6N/R1W; then
(8) Proceed northeast in a straight line
to the intersection of the marked 4wheel drive trail with the R1W range
line; then
(9) Proceed north along the R1W
range line to its first intersection with
the 3,400-foor elevation contour; then
(10) Proceed east along the
meandering 3,400-foot elevation
contour, crossing onto the Pearl map,
then continuing easterly, then southerly,
along the meandering 3,400-foot
elevation contour, crossing Schiller
Creek, the North and South Forks of
Willow Creek, and Big Gulch Creek, to
the first intersection of the 3,400-foot
contour line with the R1E/R2E range
line, which forms the eastern boundary
of section 13, T5N/R1E; then
(11) Proceed southeast in a straight
line to the marked 3,613-foot elevation
in point Section 18, T5N/R2E; then
(12) Proceed southwest in a straight
line to the marked 3,426-foot elevation
point in Section 24, T5N/R1E; then
(13) Proceed west in a straight line to
the marked 3,416-foot elevation point in
Section 24, T5N/R1E; then
(14) Proceed west in a straight line to
the marked 3,119-foot elevation point in
Section 23, T5N/R1E; then
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(15) Proceed south in a straight line to
the marked 3,366-foot elevation point in
Section 23, T5N/R1E; then
(16) Proceed southwest in a straight
line, crossing onto the Eagle map, to the
marked 3,372-foot elevation point in
Section 26, T5N/R1E; then
(17) Proceed northwest in a straight
line, crossing back onto the Pearl map,
to the marked 3,228-foot elevation point
in Section 22, T5N/R1E; then
(18) Proceed southwest in a straight
line to the marked 3,205-foot elevation
point in Section 22, T5N/R1E; then
(19) Proceed south in a straight line,
crossing onto the Eagle map, to the
marked 3,163-foot elevation point in
Section 27, T5N/R1E; then
(20) Proceed southwest in a straight
line to the marked 2,958-foot elevation
point in Section 28, T5N/R1E; then
(21) Proceed southwest in a straight
line to the northeast corner of section
32, T5N/R1E; then
(22) Proceed south along the eastern
boundary of Section 32 to the point
where the boundary joins Pearl Road,
then continue south along Pearl Road to
the intersection of the road with Beacon
Road; then
(23) Proceed west along Beacon Road,
crossing onto the Star map, to the
intersection of Beacon Road with an
unnamed light-duty road known locally
as North Wing Road at the southern
boundary of section 32, T5N/R1W; then
(24) Proceed south along North Wing
Road to the intersection of the road with
New Hope Road in Section 5, T4N/R1W;
then
(25) Proceed west along New Hope
Road, crossing onto the Middleton map,
to the intersection of the road with the
Ada-Canyon County line; then
(26) Proceed north along the AdaCanyon County line, crossing onto the
Southwest Emmett map, to the
beginning point.
Signed: October 7, 2015.
John J. Manfreda,
Administrator.
Approved: October 28, 2015.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2015–29986 Filed 11–24–15; 8:45 am]
BILLING CODE 4810–31–P
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Agencies
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Rules and Regulations]
[Pages 73658-73660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29986]
=======================================================================
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2015-0006; T.D. TTB-131; Ref: Notice No. 150]
RIN 1513-AC18
Establishment of the Eagle Foothills Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes
the approximately 49,815-acre ``Eagle Foothills'' viticultural area in
Gem and Ada Counties in Idaho. The viticultural area lies entirely
within the established 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.
DATES: This final rule is effective December 28, 2015.
FOR FURTHER INFORMATION CONTACT: Dominique Christianson, 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. 278.
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 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.
Eagle Foothills Petition
TTB received a petition from Martha Cunningham, owner of the 3
Horse Ranch Vineyards, on behalf of the local grape growers and
vintners, proposing the establishment of the ``Eagle Foothills'' AVA in
Gem and Ada Counties, Idaho. The proposed AVA is immediately north of
the city of Eagle and is approximately 10 miles northwest of the city
of Boise. The Eagle Foothills AVA is located entirely within the
established Snake River Valley AVA (27 CFR 9.208) and does not overlap
with any other existing or proposed AVA. The original proposed name for
the AVA was ``Willow Creek Idaho.'' However, TTB determined that the
petition did not sufficiently demonstrate that the region is known by
that name. Therefore, the petitioner submitted a request to change the
proposed AVA name to ``Eagle Foothills.''
The proposed Eagle Foothills AVA contains approximately 49,815
acres, with 9 commercially-producing vineyards covering a total of 67
acres distributed throughout the proposed AVA. The petition states that
an additional 4 acres will soon be added to an existing vineyard and
that an additional 7 commercial vineyards covering approximately 472
acres are planned within the next few years.
According to the petition, the distinguishing features of the
proposed Eagle Foothills AVA are its topography, climate, and soils.
The proposed AVA is located within the Unwooded Alkaline Foothills
ecoregion of Idaho. This ecoregion is defined as an arid, sparsely
populated region of rolling foothills, benches, and alluvial fans
underlain by alkaline lake bed deposits. A network of seasonal creeks
flowing southwesterly through the proposed AVA have created deep
gulches and a rugged terrain that has a variety of slope aspects
favorable to the vineyard owners. The elevation within the proposed AVA
ranges from 2,490 feet to approximately 3,400 feet, with an average
elevation of 2,900 feet.
[[Page 73659]]
The high elevations enable cold air to drain from the proposed AVA and
pool within the lower surrounding elevations, resulting in fewer
damaging frosts within the proposed AVA. The cool climate and
relatively short growing season are suitable for growing early- to mid-
season varieties of grapes such as Chardonnay, Pinot Gris, and
Riesling. The proposed AVA contains a variety of soils, but loams,
sandy loams, coarse sandy loams, and stony loams are predominant and
are notable for their large, irregularly shaped, coarse grains. Due to
the grains' irregular shapes, ``pockets'' of oxygen form in the soil,
which promote healthy root growth and allow for rapid water drainage.
Compared with the proposed AVA, the Emmett Valley and Payette River
Plain to the north are lower, flatter, and have greater population
density than the proposed AVA. Due to the lower elevations, the region
to the north has a warmer climate and a longer growing season than the
proposed AVA. The soils in the region to the north of the proposed AVA
are derived from active flood plain alluvium. These soils have a finer,
more uniform texture and greater water-holding capacity than the soils
of the proposed Eagle Foothills AVA.
East of the proposed AVA is the mountainous region known as the
Boise Front, which has higher elevations. Due to the higher elevations,
the region to the east has a shorter growing season and cooler growing
season temperatures than the proposed AVA. The soils of the Boise Front
are predominantly composed of granite and volcanic materials and lack
the sedimentary materials found in the soils of the proposed AVA.
The Boise River Plain is to the south of the proposed AVA, and this
region has lower elevations, shallow slope plains, and a longer growing
season than the proposed AVA. The soils in this region are similar to
the soils north of the proposed AVA, in that they are derived from
flood plain alluvium and are finer than the soils within the proposed
Eagle Foothills AVA.
Finally, the region to the west is also within the Boise River
Plain which, as mentioned previously, has a lower elevation and warmer
temperatures, which provide longer growing seasons than are found
within the proposed AVA. Furthermore, when compared to the proposed
AVA, the soils in the region to the west are fine-grained and the
bedrock has a greater depth.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 150 in the Federal Register on April 14,
2015 (80 FR 19908), proposing to establish the Eagle Foothills AVA. In
the notice, TTB summarized the evidence from the petition regarding the
name, boundary, and distinguishing features for the proposed AVA. The
notice also compared the distinguishing features of the proposed AVA to
the surrounding areas. For a detailed description of the evidence
relating to the name, boundary, and distinguishing features of the
proposed AVA, and for a detailed comparison of the distinguishing
features of the proposed AVA to the surrounding areas, see Notice No.
150.
In Notice No. 150, TTB solicited comments on the accuracy of the
name, boundary, and other required information submitted in support of
the petition. In addition, given the proposed Eagle Foothills AVA's
location within the existing Snake River Valley AVA, TTB solicited
comments on whether the geographic features of the proposed AVA
sufficiently differentiate it from the existing Snake River Valley AVA.
Finally, TTB requested comments on whether the geographic features of
the proposed AVA are so distinguishable from the surrounding Snake
River Valley AVA that the proposed Eagle Foothills AVA should no longer
be part of the established AVA. The comment period closed on June 15,
2015. TTB received no comments in response to Notice No. 150.
TTB Determination
After careful review of the petition, TTB finds that the evidence
provided by the petitioner supports the establishment of the Eagle
Foothills AVA. Accordingly, under the authority of the FAA Act, section
1111(d) of the Homeland Security Act of 2002, and part 4 of the TTB
regulations, TTB establishes the ``Eagle Foothills'' AVA in Gem and Ada
Counties in Idaho, effective 30 days from the publication date of this
document.
TTB has also determined that the Eagle Foothills AVA will remain
part of the established Snake River Valley AVA. As discussed in Notice
No. 150, the proposed Eagle Foothills AVA is located along the eastern
edge of the Snake River Valley AVA and shares the same broad
characteristics of this AVA, in that both regions are semiarid and have
vineyards that are planted on slopes to maximize sunlight exposure and
minimize the risk of frost. However, the Eagle Foothills AVA receives
several more inches of precipitation per year and has a slightly longer
growing season. Additionally, the Snake River Valley AVA contains a
large variety of diverse soils, unlike the proposed AVA which has
fairly uniform soil characteristics throughout.
Boundary Description
See the narrative description of the boundary of the Eagle
Foothills AVA in the regulatory text published at the end of this final
rule.
Maps
The petitioner provided the required maps, and they are listed
below in the regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in 27 CFR
4.25(e)(3). If the wine is not eligible for labeling with an AVA name
and that name appears in the brand name, then the label is not in
compliance and the bottler must change the brand name and obtain
approval of a new label. Similarly, if the AVA name appears in another
reference on the label in a misleading manner, the bottler would have
to obtain approval of a new label. Different rules apply if a wine has
a brand name containing an AVA name that was used as a brand name on a
label approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
With the establishment of this AVA, its name, ``Eagle Foothills,''
will 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
regulation clarifies this point. Consequently, wine bottlers using the
name ``Eagle Foothills'' in a brand name, including a trademark, or in
another label reference as to the origin of the wine, will have to
ensure that the product is eligible to use the AVA name as an
appellation of origin.
The establishment of the Eagle Foothills AVA will not affect any
existing AVA, and any bottlers using ``Snake River Valley'' as an
appellation of origin or in a brand name for wines made from grapes
grown within the Snake River Valley AVA will not be affected by the
establishment of this new AVA. The establishment of the Eagle Foothills
AVA will allow vintners to use ``Eagle Foothills'' and ``Snake
[[Page 73660]]
River Valley'' as appellations of origin for wines made primarily from
grapes grown within the Eagle Foothills AVA if the wines meet the
eligibility requirements for the appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
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.
Executive Order 12866
It has been determined that this final 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
Dominique Christianson of the Regulations and Rulings Division
drafted this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.252 to read as follows:
Sec. 9.252 Eagle Foothills.
(a) Name. The name of the viticultural area described in this
section is ``Eagle Foothills''. For purposes of part 4 of this chapter,
``Eagle Foothills'' is a term of viticultural significance.
(b) Approved maps. The 6 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Eagle Foothills viticultural area are titled:
(1) Southwest Emmett, Idaho, 1970;
(2) Southeast Emmett, Idaho, provisional edition 1985;
(3) Pearl, Idaho, provisional edition 1985;
(4) Eagle, Idaho, 1998;
(5) Star, Idaho, 1953; and
(6) Middleton, Idaho, 1958; photorevised 1971.
(c) Boundary. The Eagle Foothills viticultural area is located in
Gem and Ada Counties in Idaho. The boundary of the Eagle Foothills
viticultural area is as described below:
(1) The beginning point is on the Southwest Emmett map at the
intersection of the Ada, Gem, and Canyon County lines at the
southwestern corner of section 31, T6N/R1W.
(2) From the beginning point, proceed north along the western
boundary of sections 31 and 30 to the northwest corner of section 31,
T6N/R1W; then
(3) Proceed north-northeast in a straight line to the marked 3,109-
foot elevation point near the southwest corner of section 31, T6N/R1W;
then
(4) Proceed northeast in a straight line, crossing onto the
Southeast Emmett map, to the marked 3,230-foot elevation point in
section 22, T6N/R1W; then
(5) Proceed east-northeast in a straight line to the marked 3,258-
foot elevation point in section 23, T6N/R1W; then
(6) Proceed easterly in a straight line to the 3,493-foot elevation
point in section 23, T6N/R1W; then
(7) Proceed northeast in a straight line to the 3,481-foot
elevation point in section 13, T6N/R1W; then
(8) Proceed northeast in a straight line to the intersection of the
marked 4-wheel drive trail with the R1W range line; then
(9) Proceed north along the R1W range line to its first
intersection with the 3,400-foor elevation contour; then
(10) Proceed east along the meandering 3,400-foot elevation
contour, crossing onto the Pearl map, then continuing easterly, then
southerly, along the meandering 3,400-foot elevation contour, crossing
Schiller Creek, the North and South Forks of Willow Creek, and Big
Gulch Creek, to the first intersection of the 3,400-foot contour line
with the R1E/R2E range line, which forms the eastern boundary of
section 13, T5N/R1E; then
(11) Proceed southeast in a straight line to the marked 3,613-foot
elevation in point Section 18, T5N/R2E; then
(12) Proceed southwest in a straight line to the marked 3,426-foot
elevation point in Section 24, T5N/R1E; then
(13) Proceed west in a straight line to the marked 3,416-foot
elevation point in Section 24, T5N/R1E; then
(14) Proceed west in a straight line to the marked 3,119-foot
elevation point in Section 23, T5N/R1E; then
(15) Proceed south in a straight line to the marked 3,366-foot
elevation point in Section 23, T5N/R1E; then
(16) Proceed southwest in a straight line, crossing onto the Eagle
map, to the marked 3,372-foot elevation point in Section 26, T5N/R1E;
then
(17) Proceed northwest in a straight line, crossing back onto the
Pearl map, to the marked 3,228-foot elevation point in Section 22, T5N/
R1E; then
(18) Proceed southwest in a straight line to the marked 3,205-foot
elevation point in Section 22, T5N/R1E; then
(19) Proceed south in a straight line, crossing onto the Eagle map,
to the marked 3,163-foot elevation point in Section 27, T5N/R1E; then
(20) Proceed southwest in a straight line to the marked 2,958-foot
elevation point in Section 28, T5N/R1E; then
(21) Proceed southwest in a straight line to the northeast corner
of section 32, T5N/R1E; then
(22) Proceed south along the eastern boundary of Section 32 to the
point where the boundary joins Pearl Road, then continue south along
Pearl Road to the intersection of the road with Beacon Road; then
(23) Proceed west along Beacon Road, crossing onto the Star map, to
the intersection of Beacon Road with an unnamed light-duty road known
locally as North Wing Road at the southern boundary of section 32, T5N/
R1W; then
(24) Proceed south along North Wing Road to the intersection of the
road with New Hope Road in Section 5, T4N/R1W; then
(25) Proceed west along New Hope Road, crossing onto the Middleton
map, to the intersection of the road with the Ada-Canyon County line;
then
(26) Proceed north along the Ada-Canyon County line, crossing onto
the Southwest Emmett map, to the beginning point.
Signed: October 7, 2015.
John J. Manfreda,
Administrator.
Approved: October 28, 2015.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2015-29986 Filed 11-24-15; 8:45 am]
BILLING CODE 4810-31-P