Proposed Establishment of The Burn of Columbia Valley Viticultural Area, 31718-31723 [2020-10921]
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Federal Register / Vol. 85, No. 102 / Wednesday, May 27, 2020 / Proposed Rules
withholding. Thus, if a withholding
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will generally take effect in accordance
with section 3402(f)(3) and as provided
in applicable forms, instructions,
publications, and other guidance
prescribed by the Commissioner. If no
withholding certificate is furnished, the
amount withheld must be determined in
the manner described in the applicable
forms, instructions, publications, and
other guidance prescribed by the
Commissioner for withholding on
periodic payments when no
withholding certificate is furnished.
(d)(1) Q–3: What is the applicability
date of this section?
(2) A–3: This section applies with
respect to periodic payments made after
December 31, 2020.
PART 35—EMPLOYMENT TAX AND
COLLECTION OF INCOME TAX AT
SOURCE REGULATIONS UNDER THE
TAX EQUITY AND FISCAL
RESPONSIBILITY ACT OF 1982
Par. 3. The authority citation for part
35 continues to read in part as follows:
■
Authority: 26 U.S.C. 6047(e), 7805; 68A
Stat. 917; 96 Stat. 625; Public Law 97–248 (96
Stat. 623) * * *
§ 35.3405–1T
[Amended]
Par. 4. Section 35.3405–1T is
amended by removing and reserving
Q&A a–10, Q&A b–3, and Q&A b–4.
Background on Viticultural Areas
■
TTB Authority
Sunita Lough,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2020–10679 Filed 5–26–20; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2020–0005; Notice No.
190]
RIN 1513–AC60
Proposed Establishment of The Burn
of Columbia Valley Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the 16,870-acre ‘‘The Burn of
Columbia Valley’’ viticultural area in
Klickitat County, Washington. The
proposed AVA is located entirely within
the existing Columbia Valley AVA. TTB
SUMMARY:
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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: TTB must receive your
comments on or before July 27, 2020.
ADDRESSES: You may electronically
submit comments to TTB on this
proposal, and view copies of this
document, its supporting materials, and
any comments TTB receives on it within
Docket No. TTB–2020–0005 as posted
on Regulations.gov (https://
www.regulations.gov), the Federal erulemaking portal. Please see the
‘‘Public Participation’’ section of this
document below for full details on how
to comment on this proposal via
Regulations.gov, U.S. mail, or hand
delivery, and for full details on how to
view or obtain copies of this document,
its supporting materials, and any
comments related to this proposal.
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:
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 the functions
and duties in the administration and
enforcement of these provisions to the
TTB Administrator through Treasury
Order 120–01, dated December 10, 2013
(superseding Treasury Order 120–01,
dated January 24, 2003).
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
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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;
• A narrative description of the
features of the proposed AVA that affect
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;
• If the proposed AVA is to be
established within, or overlapping, an
existing AVA, an explanation that both
identifies the attributes of the proposed
AVA that are consistent with the
existing AVA and explains how the
proposed AVA is sufficiently distinct
from the existing AVA and therefore
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appropriate for separate recognition;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Petition To Establish The Burn of
Columbia Valley AVA
TTB received a petition from Kevin
Corliss, Vice President of Vineyards for
Ste. Michelle Wine Estates, Joan R.
Davenport, Professor of Soil Sciences at
Washington State University, and John
Derrick, Vice President of Operations for
Mercer Ranches, Inc., proposing to
establish ‘‘The Burn of Columbia
Valley’’ AVA. The proposed AVA is
located in Klickitat County,
Washington, and is entirely within the
existing Columbia Valley AVA (27 CFR
9.74). Within the 16,870-acre proposed
AVA, there are three (3) commercial
vineyards which cover a total of
approximately 1,261 acres and are
owned by two different entities. The
petition was originally submitted under
the name ‘‘The Burn,’’ but the
petitioners later requested to change the
name to the more geographically
specific ‘‘The Burn of Columbia Valley.’’
The distinguishing features of the
proposed The Burn of Columbia Valley
AVA are its soils, climate, and
topography.
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Proposed The Burn of Columbia Valley
AVA
Name Evidence
According to an excerpt from History
of Klickitat County 1 that was included
in the petition, the origin of the name
‘‘The Burn’’ is uncertain. One theory is
that the Native Americans in the region
would burn the prairie grasses in order
to discourage or frighten away settlers,
while another theory is that the Native
Americans regularly burned the area to
insure adequate grass for their horses in
the spring. A third explanation is that
the dry east winds that blow through the
region leave the farmers’ wheat fields
burned and shriveled. Regardless of the
derivation of the name, the petition
states that the region of the proposed
AVA has been referred to as ‘‘The Burn’’
since at least the early 1900’s, when
mail destined for the area carried the
designation ‘‘The Burn.’’
The petition included evidence that
the name ‘‘The Burn’’ continues to be
used to describe the region of the
proposed AVA into modern times. For
example, the 1965 Goodnoe Hills and
the 1971 Sundale, NW. U.S.G.S.
topographic maps both label the region
1 May, Peter. History of Klickitat County.
Goldendale, WA: Klickitat Historical Society, 1982,
p. 92.
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of the proposed AVA as ‘‘The Burn.’’
Although the current paper U.S.G.S.
topographic maps do not label the
region of the proposed AVA, the
petition did include a screen shot of the
current U.S.G.S. online National Map 2
which shows the region between Rock
Creek and Chapman Creek labeled as
‘‘The Burn.’’ The National Map also
shows a road named ‘‘Burn Road’’
running through the region of the
proposed AVA. In an email to TTB, one
of the petitioners states that, based on
her knowledge of the history of the
region, the road derives its name from
the common name for the region. The
petition also included a page from a
high school biology website that shows
a photo of wildflowers growing ‘‘in an
area of south-central Klickitat County
known as The Burn.’’ 3 Finally, another
web page included in the petition
provides general information about
Klickitat County and lists ‘‘The Burn’’ as
an area within the county.4
Boundary Evidence
The proposed The Burn of Columbia
Valley AVA is a roughly triangular
region of gently sloping land in the
southwestern portion of the established
Columbia Valley AVA. The northern
bank of the Columbia River forms the
southern boundary of the proposed
AVA (the base of the triangle) and
separates the proposed AVA from the
flatter terrain across the river in Oregon.
The western boundary (the left edge of
the triangle) follows Paterson Slough,
Rock Creek, and the boundary of the
trust lands held by the Yakima Nation.
The petition states that the trust lands
were not included in the proposed AVA
due to their steeper slope angles and
because tribal lands are excluded from
commercial wine grape production. The
eastern boundary of the proposed AVA
(the right edge of the triangle) largely
follows the bed of Chapman Creek and
separates the proposed AVA from
steeper regions with higher elevations.
Distinguishing Features
According to the petition, the
distinguishing features of the proposed
The Burn of Columbia Valley AVA are
its soils, climate, and topography.
Soils
The petition states that there are 32
soil series found within the proposed
The Burn of Columbia Valley AVA,
although approximately 80 percent of
2 https://viewer.nationalmap.gov/advancedviewer.
3 https://science.halleyhosting.com/nature/
bloomtime/egorge/11/19.html.
4 https://www.us-places.com/Washington/
Klickitat-County.htm.
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the soils within the proposed AVA are
derived from only 9 soil series or
complexes. The following table lists the
nine most commonly found soils within
the proposed AVA, along with the
percentage of the total soils each series
or complex comprises.
TABLE 1—MOST COMMON SOILS OF
THE PROPOSED AVA
Soil series/complex name
Walla Walla silt loam (without cemented substratum)
Rock outcrop–Haploxeroll
complex .............................
Haploxeroll–Fluvaquent complex ....................................
Fluventic HaploxerollRiverwash complex ...........
Rock outcrop Rubble and
complex .............................
Wato silt loam .......................
Walla Walla silt loam (with
cemented substratum) ......
Endicott silt loam ..................
Endicott–Moxee complex .....
Percentage of
total soils
30.16
13.57
8.37
6.51
6.08
4.85
4.07
3.73
2.55
According to the petition, the silty
loam soils that comprise the majority of
the proposed The Burn of Columbia
Valley AVA have a good plant-available
water holding capacity. Such soils are
capable of delivering sufficient water to
the vines during the growing season.
The higher water holding capacity of the
soils also means that vines which have
been irrigated post-harvest will have
adequate access to water through the
winter and thus will have a reduced risk
of frost or freeze injury to the roots.
Finally, the petition states that the silty
loam soils of the proposed AVA are in
the taxonomic order Mollisols, which
means they are relatively high in
organic matter and can provide
adequate nutrients to the vines,
particularly nitrogen.
The soils of the region due west of the
proposed The Burn of Columbia Valley
AVA are the most similar to the soils of
the proposed AVA, with Walla Walla
silt loam without cemented substratum
comprising 41.55 percent of the soils.
However, 24.27 percent of the soils
found in the region to the west are not
found within the proposed AVA,
including the Cheviot–Tronsen
complex, the Goodnoe–Swalecreek–
Horseflat complex, and Asotin silt loam.
To the east and northeast of the
proposed AVA, only 8.39 percent of the
land contains the 9 types of soil that
dominate the proposed AVA. Instead,
the region contains sizeable amounts of
soil that are not present within the
proposed AVA, including the Renslow–
Ralls–Wipple complex, Van Nostern silt
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loam, and Van Nostern–Bakeoven
complex. To the south of the proposed
AVA, only 14.60 percent of the soils are
from the 9 series and complexes that are
most prevalent within the proposed
AVA. Soils present in the region to the
south which are not present within the
proposed AVA include Ritzville silt
loam, Willis silt loam, and Roloff–Rock
outcrop complex. To the northwest of
the proposed AVA, the 9 soils that
dominate the proposed AVA cover only
12.54 percent of the region. Soils found
in the region but not in the proposed
AVA include Colockum–Cheviot
complex, Swalecreek–Rockly complex,
and Goldendale silt loam.
Climate
The proposed The Burn of Columbia
Valley AVA petition included
information on the climate of the
proposed AVA, including growing
degree day 5 (GDD) accumulations and
precipitation amounts. The climate
information was developed from the
weather records from 1981–2010 from
the Western Regional Climate Center.6
The petition included information on
the minimum, maximum, and average
annual GDD accumulations for the
proposed AVA and the surrounding
regions for the period of record. The
GDD information is compiled in the
following table.
TABLE 2—ANNUAL GDD ACCUMULATIONS
Region
Average
Proposed AVA .............................................................................................................................
East-northeast ..............................................................................................................................
South ............................................................................................................................................
West .............................................................................................................................................
Northwest .....................................................................................................................................
The proposed AVA has higher average
and minimum GDD accumulations than
each of the surrounding regions except
the region to the south, and a maximum
GDD accumulation that is greater than
two of the surrounding regions. The
petition states that the higher average
GDD accumulations within the
proposed AVA indicate a climate that is
warmer than most of the surrounding
regions. The petition shows that GDD
accumulations within the proposed
AVA favor the production of grape
varietals that have higher heat unit
requirements, including Cabernet
Sauvignon and Syrah, which are the two
most commonly grown grape varietals
in the proposed AVA.
2,763
2,414
2,768
2,570
2,178
Minimum
2,405
1,723
2,464
1,766
1,570
Maximum
3,249
3,298
3,305
3,191
2,995
The petition included information on
the minimum, maximum, and average
annual precipitation amounts for the
proposed AVA and the surrounding
regions for the period of record. The
precipitation information is compiled in
the following table.
TABLE 3—ANNUAL PRECIPITATION AMOUNTS IN INCHES
Region
Average
Proposed AVA .............................................................................................................................
East-northeast ..............................................................................................................................
South ............................................................................................................................................
West .............................................................................................................................................
Northwest .....................................................................................................................................
The proposed The Burn of Columbia
Valley AVA has average, minimum, and
maximum annual precipitation amounts
that are lower than those of each of the
surrounding regions, except that the
region to the south has a lower
maximum annual precipitation amount.
The petition states that the low rainfall
amounts mean that vineyards in the
proposed AVA need supplemental
irrigation. However, the petition notes
that because of the high water holding
capacity of the soils of the proposed
AVA, vines remain adequately
hydrated.
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Topography
The proposed AVA is located on
gently sloping bench lands above the
Columbia River. The average slope angle
within the proposed AVA is 7.27
5 See Albert J. Winkler et al., General Viticulture
(Berkeley: University of California Press, 2nd. ed.
1974), pages 61–64. In the Winkler scale, the GDD
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8.76
10.23
9.39
9.81
11.58
Minimum
6.65
6.80
6.67
7.03
10.45
Maximum
10.44
11.63
10.38
12.53
12.69
percent. The proposed AVA has a large
contiguous expanse of land with
easterly, southeasterly, and southern
aspects. The petition also provided
information about the average,
maximum, and minimum elevations of
the proposed AVA and the surrounding
regions. However, the petition did not
adequately describe the specific effects
of elevation on viticulture, so TTB
cannot consider elevation to be a
distinguishing topographic feature of
the proposed AVA.
When compared to the proposed
AVA, each of the surrounding regions
has higher average slope angles with the
exception of the region to the south,
which has a lower average slope angle.
The regions to the west and northwest
of the proposed AVA have
predominately southerly aspects. The
petition states that the regions to the
south and east-northeast have
predominately southeasterly aspects,
similar to those of the proposed AVA.
However, the petition states that the
proposed AVA has a larger contiguous
region with a southeasterly aspect.
The petition states that the gentle
slopes of the proposed AVA are suitable
for mechanical cultivation of vineyards,
yet are steep enough to avoid the
pooling of cold air that could damage
grapes. The southeasterly aspect of the
proposed AVA allows excellent sunlight
exposure for vineyards.
regions are defined as follows: Region I = less than
2,500 GDDs; Region II = 2,501–3,000 GDDs; Region
III = 3,001–3,500 GDDs; Region IV = 3,501–4,000
GDDs; Region V = greater than 4,000 GDDs.
6 https://wrcc.dri.edu.
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Summary of Distinguishing Features
The following table summarizes the
distinguishing features of the proposed
The Burn of Columbia Valley AVA and
the surrounding regions.
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TABLE 4—SUMMARY OF DISTINGUISHING FEATURES
Region
Soils
Proposed The Burn of
Silty loam soils including Walla
Columbia Valley AVA.
Walla silt loam without cemented substratum, relatively
high organic material, high
water holding capacity.
East-northeast .............
Sizeable amount of soils that are
not present in proposed AVA.
South ...........................
Sizeable amount of soils that are
not present in proposed AVA.
West ............................
Silty loam soils including Walla
Walla silt loam without cemented substratum, but with
soils not found in proposed
AVA.
Sizeable amount of soils that are
not present in proposed AVA.
Northwest ....................
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Comparison of the Proposed The Burn
of Columbia Valley AVA to the Existing
Columbia Valley AVA
The Columbia Valley AVA was
established by T.D. ATF–190, which
was published in the Federal Register
on November 13, 1984 (49 FR 44895).
T.D. ATF–190 describes the Columbia
Valley AVA as a large, treeless basin
surrounding the Yakima, Snake, and
Columbia Rivers. Growing Degree Day
accumulations within the Columbia
Valley AVA range from 2,000 to 3,000,
and annual precipitation amounts are
between 6 and 22 inches. Elevations
within the Columbia Valley AVA are
generally below 2,000 feet.
The proposed The Burn of Columbia
Valley AVA shares some of the general
viticultural features of the larger
Columbia Valley AVA. For instance, the
average annual rainfall amounts and
elevation within the proposed AVA are
within the range of those features for the
Columbia Valley AVA. However, the
proposed AVA can accumulate over
3,000 GDDs annually, indicating a
climate that is slightly warmer than
most of the rest of the Columbia Valley
AVA. Additionally, because the
proposed The Burn of Columbia Valley
AVA is much smaller than the Columbia
Valley AVA, the proposed AVA has a
greater uniformity of characteristics
within its boundaries.
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Climate
Topography
Average annual GDD accumulations of
2,763, minimum annual GDD accumulations of 2,405, maximum annual GDD accumulations of 3,249; average annual precipitation of 8.76 inches, minimum annual
precipitation of 6.65 inches, and maximum
annual precipitation of 10.44 inches.
Lower average and minimum annual GDD
accumulation; Higher maximum annual
GDD accumulations; Higher average, minimum, and maximum annual precipitation
amounts.
Higher average, minimum, and maximum annual GDD accumulations; Higher average
and minimum annual precipitation amounts;
Lower maximum annual precipitation
amounts.
Lower average, minimum, and maximum annual GDD accumulations; Higher average,
minimum, and maximum annual precipitation amounts.
Gently sloping bench lands with
average slope angle of 7.27
percent and large contiguous
expanse of land with easterly,
southeasterly, and southern aspects.
Lower average, minimum, and maximum annual GDD accumulations; Higher average,
minimum, and maximum annual precipitation amounts.
Higher slope angles, predominately southerly slope aspects.
TTB Determination
TTB concludes that the petition to
establish the 16,870-acre ‘‘The Burn of
Columbia Valley’’ AVA merits
consideration and public comment, as
invited in this document.
Boundary Description
See the narrative boundary
descriptions of the petitioned-for AVA
in the proposed regulatory text
published at the end of this document.
Maps
The petitioner provided the required
maps, and they are listed below in the
proposed regulatory text. You may also
view the proposed The Burn of
Columbia Valley AVA boundary on the
AVA Map Explorer on the TTB website,
at https://www.ttb.gov/wine/ava-mapexplorer.
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 § 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
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Higher slope angles, predominately southeasterly slope aspects.
Lower slope angles, predominately southeasterly slope aspects.
Higher slope angles, predominately southerly slope aspects.
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
§ 4.39(i)(2) of the TTB regulations (27
CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA,
its name, ‘‘The Burn of Columbia
Valley,’’ 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 proposed
regulation clarifies this point.
Consequently, wine bottlers using ‘‘The
Burn of Columbia Valley’’ in a brand
name, including a trademark, or in
another label reference as to the origin
of the wine, would have to ensure that
the product is eligible to use the
viticultural area’s name ‘‘The Burn of
Columbia Valley.’’ TTB is not proposing
to designate ‘‘The Burn,’’ standing
alone, as a term of viticultural
significance because the term ‘‘The
Burn’’ is used to refer to multiple areas
in the United States. Therefore, wine
bottlers using ‘‘The Burn,’’ standing
alone, in a brand name or in another
label reference on their wines would not
be affected by the establishment of this
proposed AVA.
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The approval of the proposed The
Burn of Columbia Valley AVA would
not affect any existing AVA, and any
bottlers using ‘‘Columbia Valley’’ as an
appellation of origin in a brand name for
wines made from grapes grown within
the Columbia Valley AVA would not be
affected by the establishment of this
new AVA. The establishment of the
proposed The Burn of Columbia Valley
AVA would allow vintners to use ‘‘The
Burn of Columbia Valley’’ or ‘‘Columbia
Valley’’ as appellations of origin for
wines made from grapes grown within
the proposed AVA, if the wines meet
the eligibility requirements for the
appellation.
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Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether TTB
should establish the proposed The Burn
of Columbia Valley AVA. TTB is
interested in receiving comments on the
sufficiency and accuracy of the name,
boundary, topography, and other
required information submitted in
support of the AVA petition. In
addition, because the proposed The
Burn of Columbia Valley AVA would be
within the existing Columbia Valley
AVA, TTB is interested in comments on
whether the evidence submitted in the
petition regarding the distinguishing
features of the proposed AVA
sufficiently differentiates it from the
existing AVA. TTB is also interested in
comments on whether the geographic
features of the proposed AVA are so
distinguishable from the Columbia
Valley AVA that the proposed The Burn
of Columbia Valley AVA should no
longer be part of the established AVA.
Please provide any available specific
information in support of your
comments.
Because of the potential impact of the
establishment of the proposed The Burn
of Columbia Valley AVA on wine labels
that include the term ‘‘The Burn of
Columbia Valley’’ as discussed above
under Impact on Current Wine Labels,
TTB is particularly interested in
comments regarding whether there will
be a conflict between the proposed area
names and currently used brand names.
If a commenter believes that a conflict
will arise, the comment should describe
the nature of that conflict, including any
anticipated negative economic impact
that approval of the proposed AVA will
have on an existing viticultural
enterprise. TTB is also interested in
receiving suggestions for ways to avoid
conflicts, for example, by adopting a
modified or different name for the
proposed AVA.
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Submitting Comments
You may submit comments on this
proposal by using one of the following
three methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this
document within Docket No. TTB–
2020–0005 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 190 on the TTB website at https://
www.ttb.gov/wine/winerulemaking.shtml. Supplemental files
may be attached to comments submitted
via Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab at the top of the page.
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street, NW, Box 12,
Washington, DC 20005.
• Hand Delivery/Courier: You may
hand-carry your comments or have them
hand-carried to the Alcohol and
Tobacco Tax and Trade Bureau, 1310 G
Street NW, Suite 400, Washington, DC
20005.
Please submit your comments by the
closing date shown above in this
document. Your comments must
reference Notice No. 190 and include
your name and mailing address. Your
comments also must be made in
English, be legible, and be written in
language acceptable for public
disclosure. We do not acknowledge
receipt of comments, and we consider
all comments as originals.
Your comment must clearly state if
you are commenting on your own behalf
or on behalf of an organization,
business, or other entity. If you are
commenting on behalf of an
organization, business, or other entity,
your comment must include the entity’s
name as well as your name and position
title. If you comment via
Regulations.gov, please enter the
entity’s name in the ‘‘Organization’’
blank of the online comment form. If
you comment via postal mail, please
submit your entity’s comment on
letterhead.
You 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
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and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this document, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2020–
0005 on the Federal e-rulemaking
portal, Regulations.gov, at https://
www.regulations.gov. A direct link to
that docket is available on the TTB
website at https://www.ttb.gov/wine/
wine-rulemaking.shtml under Notice
No. 190. You may also reach the
relevant docket through the
Regulations.gov search page at https://
www.regulations.gov. For instructions
on how to use Regulations.gov, visit the
site and click on the ‘‘Help’’ tab at the
top of the page.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
or material that it considers unsuitable
for posting.
You also may view copies of this
document, all related petitions, maps
and other supporting materials, and any
electronic or mailed comments we
receive about this proposal by
appointment at the TTB Public Reading
Room, 1310 G Street, NW, Suite 400,
Washington, DC 20005. You may also
obtain copies at 20 cents per 8.5- x 11inch page. Contact TTB’s Regulations
and Rulings Division at the above
address, by email using the web form at
https://www.ttb.gov/contact-rrd, or by
telephone at 202–453–1039, ext. 175, to
schedule an appointment or to request
copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name would be the result of a
proprietor’s efforts and consumer
acceptance of wines from that area.
Therefore, no regulatory flexibility
analysis is required.
Executive Order 12866
It has been determined that this
proposed rule is not a significant
regulatory action as defined by
E:\FR\FM\27MYP1.SGM
27MYP1
Federal Register / Vol. 85, No. 102 / Wednesday, May 27, 2020 / Proposed Rules
Executive Order 12866. Therefore, no
regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this
document.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, we propose to amend title 27,
chapter I, part 9, Code of Federal
Regulations, as follows:
Signed: March 31, 2020.
Mary G. Ryan,
Acting Administrator.
Approved: May 13, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
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
■
[FR Doc. 2020–10921 Filed 5–26–20; 8:45 am]
BILLING CODE 4810–31–P
2. Add § 9.llto read as follows:
§ 9.ll
jbell on DSKJLSW7X2PROD with PROPOSALS
(4) Proceed southeasterly
(downstream) along Chapman Creek,
crossing over the Dot map and onto the
Sundale map, to the intersection of
Chapman Creek with its southernmost
tributary; then
(5) Proceed due east in a straight line
to the creek running through Old Lady
Canyon; then
(6) Proceed southerly along the creek
to its intersection with the northern
shoreline of the Columbia River; then
(7) Proceed westerly along the
northern shoreline of the Columbia
River, returning to the beginning point.
DEPARTMENT OF THE TREASURY
The Burn of Columbia Valley.
(a) Name. The name of the viticultural
area described in this section is ‘‘The
Burn of Columbia Valley’’. For purposes
of part 4 of this chapter, ‘‘The Burn of
Columbia Valley’’ is a term of
viticultural significance.
(b) Approved maps. The four United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of The Burn of
Columbia Valley viticultural area are
titled:
(1) Sundale NW, OR–WA, 2017;
(2) Goodnoe Hills, WA, 2017;
(3) Dot, WA, 2017; and
(4) Sundale, WA–OR, 2017.
(c) Boundary. The Burn of Columbia
Valley viticultural area is located in
Klickitat County in Washington. The
boundary of The Burn of Columbia
Valley viticultural area is as described
below:
(1) The beginning point is on the
Sundale NW map, at the intersection of
the Columbia River and the east shore
of Paterson Slough. From the beginning
point, proceed northerly along the east
shore of Paterson Slough to its junction
with Rock Creek, and continuing
northeasterly along Rock Creek to its
intersection with the boundary of the
Yakima Nation Trust Land; then
(2) Proceed south, then east, then
generally northeasterly along the
boundary of the Yakima Nation Trust
Land, crossing onto the Goodnoe Hills
map, to the intersection of the Trust
Land boundary with Kelley Road; then
(3) Proceed north in a straight line to
the intersection with the main channel
of Chapman Creek; then
VerDate Sep<11>2014
21:02 May 26, 2020
Jkt 250001
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2020–0004; Notice No.
189]
RIN 1513–AC57
Proposed Establishment of the White
Bluffs Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the 93,738-acre ‘‘White Bluffs’’
viticultural area in Franklin County,
Washington. The proposed AVA is
located entirely within the existing
Columbia Valley AVA. TTB designates
viticultural areas to allow vintners to
better describe the origin of their wines
and to allow consumers to better
identify wines they may purchase. TTB
invites comments on these proposals.
DATES: TTB must receive your
comments on or before July 27, 2020.
ADDRESSES: You may electronically
submit comments to TTB on this
proposal, and view copies of this
document, its supporting materials, and
any comments TTB receives on it within
Docket No. TTB–2020–0004 as posted
on Regulations.gov (https://
www.regulations.gov), the Federal erulemaking portal. Please see the
‘‘Public Participation’’ section of this
SUMMARY:
PO 00000
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Sfmt 4702
31723
document below for full details on how
to comment on this proposal via
Regulations.gov, U.S. mail, or hand
delivery, and for full details on how to
view or obtain copies of this document,
its supporting materials, and any
comments related to this proposal.
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 Order 120–
01, dated December 10, 2013
(superseding Treasury Order 120–01,
dated January 24, 2003), to the TTB
Administrator to perform the functions
and duties in the administration and
enforcement of these provisions.
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
E:\FR\FM\27MYP1.SGM
27MYP1
]]>Agencies
[Federal Register Volume 85, Number 102 (Wednesday, May 27, 2020)]
[Proposed Rules]
[Pages 31718-31723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10921]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2020-0005; Notice No. 190]
RIN 1513-AC60
Proposed Establishment of The Burn of Columbia Valley
Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the 16,870-acre ``The Burn of Columbia Valley'' viticultural
area in Klickitat County, Washington. The proposed AVA is located
entirely within the existing Columbia Valley AVA. 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: TTB must receive your comments on or before July 27, 2020.
ADDRESSES: You may electronically submit comments to TTB on this
proposal, and view copies of this document, its supporting materials,
and any comments TTB receives on it within Docket No. TTB-2020-0005 as
posted on Regulations.gov (https://www.regulations.gov), the Federal e-
rulemaking portal. Please see the ``Public Participation'' section of
this document below for full details on how to comment on this proposal
via Regulations.gov, U.S. mail, or hand delivery, and for full details
on how to view or obtain copies of this document, its supporting
materials, and any comments related to this proposal.
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 the functions
and duties in the administration and enforcement of these provisions to
the TTB Administrator through Treasury Order 120-01, dated December 10,
2013 (superseding Treasury Order 120-01, dated January 24, 2003).
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 that affect 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;
If the proposed AVA is to be established within, or
overlapping, an existing AVA, an explanation that both identifies the
attributes of the proposed AVA that are consistent with the existing
AVA and explains how the proposed AVA is sufficiently distinct from the
existing AVA and therefore
[[Page 31719]]
appropriate for separate recognition; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Petition To Establish The Burn of Columbia Valley AVA
TTB received a petition from Kevin Corliss, Vice President of
Vineyards for Ste. Michelle Wine Estates, Joan R. Davenport, Professor
of Soil Sciences at Washington State University, and John Derrick, Vice
President of Operations for Mercer Ranches, Inc., proposing to
establish ``The Burn of Columbia Valley'' AVA. The proposed AVA is
located in Klickitat County, Washington, and is entirely within the
existing Columbia Valley AVA (27 CFR 9.74). Within the 16,870-acre
proposed AVA, there are three (3) commercial vineyards which cover a
total of approximately 1,261 acres and are owned by two different
entities. The petition was originally submitted under the name ``The
Burn,'' but the petitioners later requested to change the name to the
more geographically specific ``The Burn of Columbia Valley.'' The
distinguishing features of the proposed The Burn of Columbia Valley AVA
are its soils, climate, and topography.
Proposed The Burn of Columbia Valley AVA
Name Evidence
According to an excerpt from History of Klickitat County \1\ that
was included in the petition, the origin of the name ``The Burn'' is
uncertain. One theory is that the Native Americans in the region would
burn the prairie grasses in order to discourage or frighten away
settlers, while another theory is that the Native Americans regularly
burned the area to insure adequate grass for their horses in the
spring. A third explanation is that the dry east winds that blow
through the region leave the farmers' wheat fields burned and
shriveled. Regardless of the derivation of the name, the petition
states that the region of the proposed AVA has been referred to as
``The Burn'' since at least the early 1900's, when mail destined for
the area carried the designation ``The Burn.''
---------------------------------------------------------------------------
\1\ May, Peter. History of Klickitat County. Goldendale, WA:
Klickitat Historical Society, 1982, p. 92.
---------------------------------------------------------------------------
The petition included evidence that the name ``The Burn'' continues
to be used to describe the region of the proposed AVA into modern
times. For example, the 1965 Goodnoe Hills and the 1971 Sundale, NW.
U.S.G.S. topographic maps both label the region of the proposed AVA as
``The Burn.'' Although the current paper U.S.G.S. topographic maps do
not label the region of the proposed AVA, the petition did include a
screen shot of the current U.S.G.S. online National Map \2\ which shows
the region between Rock Creek and Chapman Creek labeled as ``The
Burn.'' The National Map also shows a road named ``Burn Road'' running
through the region of the proposed AVA. In an email to TTB, one of the
petitioners states that, based on her knowledge of the history of the
region, the road derives its name from the common name for the region.
The petition also included a page from a high school biology website
that shows a photo of wildflowers growing ``in an area of south-central
Klickitat County known as The Burn.'' \3\ Finally, another web page
included in the petition provides general information about Klickitat
County and lists ``The Burn'' as an area within the county.\4\
---------------------------------------------------------------------------
\2\ https://viewer.nationalmap.gov/advanced-viewer.
\3\ https://science.halleyhosting.com/nature/bloomtime/egorge/11/19.html.
\4\ https://www.us-places.com/Washington/Klickitat-County.htm.
---------------------------------------------------------------------------
Boundary Evidence
The proposed The Burn of Columbia Valley AVA is a roughly
triangular region of gently sloping land in the southwestern portion of
the established Columbia Valley AVA. The northern bank of the Columbia
River forms the southern boundary of the proposed AVA (the base of the
triangle) and separates the proposed AVA from the flatter terrain
across the river in Oregon. The western boundary (the left edge of the
triangle) follows Paterson Slough, Rock Creek, and the boundary of the
trust lands held by the Yakima Nation. The petition states that the
trust lands were not included in the proposed AVA due to their steeper
slope angles and because tribal lands are excluded from commercial wine
grape production. The eastern boundary of the proposed AVA (the right
edge of the triangle) largely follows the bed of Chapman Creek and
separates the proposed AVA from steeper regions with higher elevations.
Distinguishing Features
According to the petition, the distinguishing features of the
proposed The Burn of Columbia Valley AVA are its soils, climate, and
topography.
Soils
The petition states that there are 32 soil series found within the
proposed The Burn of Columbia Valley AVA, although approximately 80
percent of the soils within the proposed AVA are derived from only 9
soil series or complexes. The following table lists the nine most
commonly found soils within the proposed AVA, along with the percentage
of the total soils each series or complex comprises.
Table 1--Most Common Soils of the Proposed AVA
------------------------------------------------------------------------
Percentage of
Soil series/complex name total soils
------------------------------------------------------------------------
Walla Walla silt loam (without cemented substratum)..... 30.16
Rock outcrop-Haploxeroll complex........................ 13.57
Haploxeroll-Fluvaquent complex.......................... 8.37
Fluventic Haploxeroll-Riverwash complex................. 6.51
Rock outcrop Rubble and complex......................... 6.08
Wato silt loam.......................................... 4.85
Walla Walla silt loam (with cemented substratum)........ 4.07
Endicott silt loam...................................... 3.73
Endicott-Moxee complex.................................. 2.55
------------------------------------------------------------------------
According to the petition, the silty loam soils that comprise the
majority of the proposed The Burn of Columbia Valley AVA have a good
plant-available water holding capacity. Such soils are capable of
delivering sufficient water to the vines during the growing season. The
higher water holding capacity of the soils also means that vines which
have been irrigated post-harvest will have adequate access to water
through the winter and thus will have a reduced risk of frost or freeze
injury to the roots. Finally, the petition states that the silty loam
soils of the proposed AVA are in the taxonomic order Mollisols, which
means they are relatively high in organic matter and can provide
adequate nutrients to the vines, particularly nitrogen.
The soils of the region due west of the proposed The Burn of
Columbia Valley AVA are the most similar to the soils of the proposed
AVA, with Walla Walla silt loam without cemented substratum comprising
41.55 percent of the soils. However, 24.27 percent of the soils found
in the region to the west are not found within the proposed AVA,
including the Cheviot-Tronsen complex, the Goodnoe-Swalecreek-Horseflat
complex, and Asotin silt loam. To the east and northeast of the
proposed AVA, only 8.39 percent of the land contains the 9 types of
soil that dominate the proposed AVA. Instead, the region contains
sizeable amounts of soil that are not present within the proposed AVA,
including the Renslow-Ralls-Wipple complex, Van Nostern silt
[[Page 31720]]
loam, and Van Nostern-Bakeoven complex. To the south of the proposed
AVA, only 14.60 percent of the soils are from the 9 series and
complexes that are most prevalent within the proposed AVA. Soils
present in the region to the south which are not present within the
proposed AVA include Ritzville silt loam, Willis silt loam, and Roloff-
Rock outcrop complex. To the northwest of the proposed AVA, the 9 soils
that dominate the proposed AVA cover only 12.54 percent of the region.
Soils found in the region but not in the proposed AVA include Colockum-
Cheviot complex, Swalecreek-Rockly complex, and Goldendale silt loam.
Climate
The proposed The Burn of Columbia Valley AVA petition included
information on the climate of the proposed AVA, including growing
degree day \5\ (GDD) accumulations and precipitation amounts. The
climate information was developed from the weather records from 1981-
2010 from the Western Regional Climate Center.\6\
---------------------------------------------------------------------------
\5\ See Albert J. Winkler et al., General Viticulture (Berkeley:
University of California Press, 2nd. ed. 1974), pages 61-64. In the
Winkler scale, the GDD regions are defined as follows: Region I =
less than 2,500 GDDs; Region II = 2,501-3,000 GDDs; Region III =
3,001-3,500 GDDs; Region IV = 3,501-4,000 GDDs; Region V = greater
than 4,000 GDDs.
\6\ https://wrcc.dri.edu.
---------------------------------------------------------------------------
The petition included information on the minimum, maximum, and
average annual GDD accumulations for the proposed AVA and the
surrounding regions for the period of record. The GDD information is
compiled in the following table.
Table 2--Annual GDD Accumulations
----------------------------------------------------------------------------------------------------------------
Region Average Minimum Maximum
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 2,763 2,405 3,249
East-northeast.................................................. 2,414 1,723 3,298
South........................................................... 2,768 2,464 3,305
West............................................................ 2,570 1,766 3,191
Northwest....................................................... 2,178 1,570 2,995
----------------------------------------------------------------------------------------------------------------
The proposed AVA has higher average and minimum GDD accumulations
than each of the surrounding regions except the region to the south,
and a maximum GDD accumulation that is greater than two of the
surrounding regions. The petition states that the higher average GDD
accumulations within the proposed AVA indicate a climate that is warmer
than most of the surrounding regions. The petition shows that GDD
accumulations within the proposed AVA favor the production of grape
varietals that have higher heat unit requirements, including Cabernet
Sauvignon and Syrah, which are the two most commonly grown grape
varietals in the proposed AVA.
The petition included information on the minimum, maximum, and
average annual precipitation amounts for the proposed AVA and the
surrounding regions for the period of record. The precipitation
information is compiled in the following table.
Table 3--Annual Precipitation Amounts in Inches
----------------------------------------------------------------------------------------------------------------
Region Average Minimum Maximum
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 8.76 6.65 10.44
East-northeast.................................................. 10.23 6.80 11.63
South........................................................... 9.39 6.67 10.38
West............................................................ 9.81 7.03 12.53
Northwest....................................................... 11.58 10.45 12.69
----------------------------------------------------------------------------------------------------------------
The proposed The Burn of Columbia Valley AVA has average, minimum,
and maximum annual precipitation amounts that are lower than those of
each of the surrounding regions, except that the region to the south
has a lower maximum annual precipitation amount. The petition states
that the low rainfall amounts mean that vineyards in the proposed AVA
need supplemental irrigation. However, the petition notes that because
of the high water holding capacity of the soils of the proposed AVA,
vines remain adequately hydrated.
Topography
The proposed AVA is located on gently sloping bench lands above the
Columbia River. The average slope angle within the proposed AVA is 7.27
percent. The proposed AVA has a large contiguous expanse of land with
easterly, southeasterly, and southern aspects. The petition also
provided information about the average, maximum, and minimum elevations
of the proposed AVA and the surrounding regions. However, the petition
did not adequately describe the specific effects of elevation on
viticulture, so TTB cannot consider elevation to be a distinguishing
topographic feature of the proposed AVA.
When compared to the proposed AVA, each of the surrounding regions
has higher average slope angles with the exception of the region to the
south, which has a lower average slope angle. The regions to the west
and northwest of the proposed AVA have predominately southerly aspects.
The petition states that the regions to the south and east-northeast
have predominately southeasterly aspects, similar to those of the
proposed AVA. However, the petition states that the proposed AVA has a
larger contiguous region with a southeasterly aspect.
The petition states that the gentle slopes of the proposed AVA are
suitable for mechanical cultivation of vineyards, yet are steep enough
to avoid the pooling of cold air that could damage grapes. The
southeasterly aspect of the proposed AVA allows excellent sunlight
exposure for vineyards.
Summary of Distinguishing Features
The following table summarizes the distinguishing features of the
proposed The Burn of Columbia Valley AVA and the surrounding regions.
[[Page 31721]]
Table 4--Summary of Distinguishing Features
----------------------------------------------------------------------------------------------------------------
Region Soils Climate Topography
----------------------------------------------------------------------------------------------------------------
Proposed The Burn of Columbia Silty loam soils Average annual GDD Gently sloping bench
Valley AVA. including Walla Walla accumulations of 2,763, lands with average
silt loam without minimum annual GDD slope angle of 7.27
cemented substratum, accumulations of 2,405, percent and large
relatively high maximum annual GDD contiguous expanse of
organic material, accumulations of 3,249; land with easterly,
high water holding average annual southeasterly, and
capacity. precipitation of 8.76 southern aspects.
inches, minimum annual
precipitation of 6.65
inches, and maximum annual
precipitation of 10.44
inches.
East-northeast..................... Sizeable amount of Lower average and minimum Higher slope angles,
soils that are not annual GDD accumulation; predominately
present in proposed Higher maximum annual GDD southeasterly slope
AVA. accumulations; Higher aspects.
average, minimum, and
maximum annual
precipitation amounts.
South.............................. Sizeable amount of Higher average, minimum, Lower slope angles,
soils that are not and maximum annual GDD predominately
present in proposed accumulations; Higher southeasterly slope
AVA. average and minimum annual aspects.
precipitation amounts;
Lower maximum annual
precipitation amounts.
West............................... Silty loam soils Lower average, minimum, and Higher slope angles,
including Walla Walla maximum annual GDD predominately
silt loam without accumulations; Higher southerly slope
cemented substratum, average, minimum, and aspects.
but with soils not maximum annual
found in proposed AVA. precipitation amounts.
Northwest.......................... Sizeable amount of Lower average, minimum, and Higher slope angles,
soils that are not maximum annual GDD predominately
present in proposed accumulations; Higher southerly slope
AVA. average, minimum, and aspects.
maximum annual
precipitation amounts.
----------------------------------------------------------------------------------------------------------------
Comparison of the Proposed The Burn of Columbia Valley AVA to the
Existing Columbia Valley AVA
The Columbia Valley AVA was established by T.D. ATF-190, which was
published in the Federal Register on November 13, 1984 (49 FR 44895).
T.D. ATF-190 describes the Columbia Valley AVA as a large, treeless
basin surrounding the Yakima, Snake, and Columbia Rivers. Growing
Degree Day accumulations within the Columbia Valley AVA range from
2,000 to 3,000, and annual precipitation amounts are between 6 and 22
inches. Elevations within the Columbia Valley AVA are generally below
2,000 feet.
The proposed The Burn of Columbia Valley AVA shares some of the
general viticultural features of the larger Columbia Valley AVA. For
instance, the average annual rainfall amounts and elevation within the
proposed AVA are within the range of those features for the Columbia
Valley AVA. However, the proposed AVA can accumulate over 3,000 GDDs
annually, indicating a climate that is slightly warmer than most of the
rest of the Columbia Valley AVA. Additionally, because the proposed The
Burn of Columbia Valley AVA is much smaller than the Columbia Valley
AVA, the proposed AVA has a greater uniformity of characteristics
within its boundaries.
TTB Determination
TTB concludes that the petition to establish the 16,870-acre ``The
Burn of Columbia Valley'' AVA merits consideration and public comment,
as invited in this document.
Boundary Description
See the narrative boundary descriptions of the petitioned-for AVA
in the proposed regulatory text published at the end of this document.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text. You may also view the proposed
The Burn of Columbia Valley AVA boundary on the AVA Map Explorer on the
TTB website, at https://www.ttb.gov/wine/ava-map-explorer.
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 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
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.
If TTB establishes this proposed AVA, its name, ``The Burn of
Columbia Valley,'' 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 proposed regulation clarifies this point.
Consequently, wine bottlers using ``The Burn of Columbia Valley'' in a
brand name, including a trademark, or in another label reference as to
the origin of the wine, would have to ensure that the product is
eligible to use the viticultural area's name ``The Burn of Columbia
Valley.'' TTB is not proposing to designate ``The Burn,'' standing
alone, as a term of viticultural significance because the term ``The
Burn'' is used to refer to multiple areas in the United States.
Therefore, wine bottlers using ``The Burn,'' standing alone, in a brand
name or in another label reference on their wines would not be affected
by the establishment of this proposed AVA.
[[Page 31722]]
The approval of the proposed The Burn of Columbia Valley AVA would
not affect any existing AVA, and any bottlers using ``Columbia Valley''
as an appellation of origin in a brand name for wines made from grapes
grown within the Columbia Valley AVA would not be affected by the
establishment of this new AVA. The establishment of the proposed The
Burn of Columbia Valley AVA would allow vintners to use ``The Burn of
Columbia Valley'' or ``Columbia Valley'' as appellations of origin for
wines made from grapes grown within the proposed AVA, 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 TTB should establish the proposed The Burn of Columbia Valley
AVA. TTB is interested in receiving comments on the sufficiency and
accuracy of the name, boundary, topography, and other required
information submitted in support of the AVA petition. In addition,
because the proposed The Burn of Columbia Valley AVA would be within
the existing Columbia Valley AVA, TTB is interested in comments on
whether the evidence submitted in the petition regarding the
distinguishing features of the proposed AVA sufficiently differentiates
it from the existing AVA. TTB is also interested in comments on whether
the geographic features of the proposed AVA are so distinguishable from
the Columbia Valley AVA that the proposed The Burn of Columbia Valley
AVA should no longer be part of the established AVA. Please provide any
available specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed The Burn of Columbia Valley AVA on wine labels that include
the term ``The Burn of Columbia Valley'' as discussed above under
Impact on Current Wine Labels, TTB is particularly interested in
comments regarding whether there will be a conflict between the
proposed area names and currently used brand names. If a commenter
believes that a conflict will arise, the comment should describe the
nature of that conflict, including any anticipated negative economic
impact that approval of the proposed AVA will have on an existing
viticultural enterprise. TTB is also interested in receiving
suggestions for ways to avoid conflicts, for example, by adopting a
modified or different name for the proposed AVA.
Submitting Comments
You may submit comments on this proposal by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this document within Docket No. TTB-
2020-0005 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
https://www.regulations.gov. A direct link to that docket is available
under Notice No. 190 on the TTB website at https://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab at the
top of the page.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street, NW, Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW, Suite 400, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
document. Your comments must reference Notice No. 190 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. We do not acknowledge receipt of comments, and we consider
all comments as originals.
Your comment must clearly state if you are commenting on your own
behalf or on behalf of an organization, business, or other entity. If
you are commenting on behalf of an organization, business, or other
entity, your comment must include the entity's name as well as your
name and position title. If you comment via Regulations.gov, please
enter the entity's name in the ``Organization'' blank of the online
comment form. If you comment via postal mail, please submit your
entity's comment on letterhead.
You 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 document, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2020-0005 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A
direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 190. You may
also reach the relevant docket through the Regulations.gov search page
at https://www.regulations.gov. For instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab at the
top of the page.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that it considers unsuitable for posting.
You also may view copies of this document, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments we receive about this proposal by appointment at the TTB
Public Reading Room, 1310 G Street, NW, Suite 400, Washington, DC
20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page.
Contact TTB's Regulations and Rulings Division at the above address, by
email using the web form at https://www.ttb.gov/contact-rrd, or by
telephone at 202-453-1039, ext. 175, to schedule an appointment or to
request copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action as defined by
[[Page 31723]]
Executive Order 12866. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this document.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Add Sec. 9.__to read as follows:
Sec. 9.__ The Burn of Columbia Valley.
(a) Name. The name of the viticultural area described in this
section is ``The Burn of Columbia Valley''. For purposes of part 4 of
this chapter, ``The Burn of Columbia Valley'' is a term of viticultural
significance.
(b) Approved maps. The four United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of The
Burn of Columbia Valley viticultural area are titled:
(1) Sundale NW, OR-WA, 2017;
(2) Goodnoe Hills, WA, 2017;
(3) Dot, WA, 2017; and
(4) Sundale, WA-OR, 2017.
(c) Boundary. The Burn of Columbia Valley viticultural area is
located in Klickitat County in Washington. The boundary of The Burn of
Columbia Valley viticultural area is as described below:
(1) The beginning point is on the Sundale NW map, at the
intersection of the Columbia River and the east shore of Paterson
Slough. From the beginning point, proceed northerly along the east
shore of Paterson Slough to its junction with Rock Creek, and
continuing northeasterly along Rock Creek to its intersection with the
boundary of the Yakima Nation Trust Land; then
(2) Proceed south, then east, then generally northeasterly along
the boundary of the Yakima Nation Trust Land, crossing onto the Goodnoe
Hills map, to the intersection of the Trust Land boundary with Kelley
Road; then
(3) Proceed north in a straight line to the intersection with the
main channel of Chapman Creek; then
(4) Proceed southeasterly (downstream) along Chapman Creek,
crossing over the Dot map and onto the Sundale map, to the intersection
of Chapman Creek with its southernmost tributary; then
(5) Proceed due east in a straight line to the creek running
through Old Lady Canyon; then
(6) Proceed southerly along the creek to its intersection with the
northern shoreline of the Columbia River; then
(7) Proceed westerly along the northern shoreline of the Columbia
River, returning to the beginning point.
Signed: March 31, 2020.
Mary G. Ryan,
Acting Administrator.
Approved: May 13, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2020-10921 Filed 5-26-20; 8:45 am]
BILLING CODE 4810-31-P
