Proposed Establishment of the Rocky Reach Viticultural Area, 37260-37265 [2021-15054]
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Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules
the flotation bags in a ditching event,
preventing a timely egress from the
helicopter and consequent injury to the
helicopter occupants.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(g) Requirements
Except as specified in paragraph (h) of this
AD: Comply with all required actions and
compliance times specified in, and in
accordance with, EASA AD 2018–0279.
khammond on DSKJM1Z7X2PROD with PROPOSALS
(h) Exceptions to EASA AD 2018–0279
(1) Where EASA AD 2018–0279 requires
compliance in terms of flight hours, this AD
requires using hours time-in-service.
(2) Where EASA AD 2018–0279 requires
compliance from its effective date, this AD
requires using the effective date of this AD.
(3) Where the service information required
by EASA AD 2018–0279 specifies recording
compliance with the service bulletin in the
helicopter logbook, this AD does not include
that requirement.
(4) Where EASA AD 2018–0279 identifies
all Model AW189 helicopters, all serial
numbers in the applicability, this AD is only
applicable to Model AW189 with an affected
EFS assembly as defined in the definitions
paragraph of the EASA AD.
(5) This AD does not require the
‘‘Remarks’’ section of EASA AD 2018–0279.
material at the FAA, call (817) 222–5110.
This material may be found in the AD docket
at https://www.regulations.gov by searching
for and locating Docket No. FAA–2021–0565.
(2) For more information about this AD,
contact Darren Gassetto, Aerospace Engineer,
COS Program Management Section,
Operational Safety Branch, Compliance &
Airworthiness Division, FAA, 1600 Stewart
Ave., Suite 410, Westbury, NY 11590;
telephone (516) 228–7323; email
Darren.Gassetto@faa.gov.
(3) For service information identified in
this AD, contact Leonardo S.p.A. Helicopters,
Emanuele Bufano, Head of Airworthiness,
Viale G.Agusta 520, 21017 C.Costa di
Samarate (Va) Italy; telephone +39–0331–
225074; fax +39–0331–229046; or at https://
www.leonardocompany.com/en/home. You
may view this material at the FAA, Office of
the Regional Counsel, Southwest Region,
10101 Hillwood Pkwy., Room 6N–321, Fort
Worth, TX 76177. For information on the
availability of this material at the FAA, call
(817) 222–5110.
Issued on July 9, 2021.
Gaetano A. Sciortino,
Deputy Director for Strategic Initiatives,
Compliance & Airworthiness Division,
Aircraft Certification Service.
[FR Doc. 2021–15021 Filed 7–14–21; 8:45 am]
BILLING CODE 4910–13–P
Background on Viticultural Areas
(i) No Reporting Requirement
Although the service information
referenced in EASA AD 2018–0279 specifies
to submit certain information to the
manufacturer, this AD does not include that
requirement.
DEPARTMENT OF THE TREASURY
(j) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, International Validation
Branch, FAA, has the authority to approve
AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In
accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, send it to the attention of the person
identified in paragraph (k)(2) of this AD.
Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
[Docket No. TTB–2021–0006; Notice No.
203]
(k) Related Information
(1) For EASA AD 2018–0279, contact
EASA, Konrad-Adenauer-Ufer 3, 50668
Cologne, Germany; telephone +49 221 8999
000; email ADs@easa.europa.eu; internet
www.easa.europa.eu. You may find this
EASA AD on the EASA website at https://
ad.easa.europa.eu. You may view this
material at the FAA, Office of the Regional
Counsel, Southwest Region, 10101 Hillwood
Pkwy., Room 6N–321, Fort Worth, TX 76177.
For information on the availability of this
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proposal using the comment form for
this document as posted within Docket
No. TTB–2021–0006 on the
Regulations.gov website at https://
www.regulations.gov. Within that
docket, you also may view copies of this
document, its supporting materials, and
any comments TTB receives on this
proposal. A direct link to that docket is
available on the TTB website at https://
www.ttb.gov/wine/notices-of-proposedrulemaking under Notice No. 203.
Alternatively, you may submit
comments via postal mail to the
Director, Regulations and Ruling
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box
12, Washington, DC 20005. Please see
the Public Participation section below
for further information on the comments
requested regarding this proposal and
on the submission, confidentiality, and
public disclosure of comments.
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:
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
RIN: 1513–AC83
Proposed Establishment of the Rocky
Reach 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 50-square mile ‘‘Rocky
Reach’’ American viticultural area
(AVA) in portions of Chelan and
Douglas Counties, 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 September 13,
2021.
ADDRESSES: You may electronically
submit comments to TTB on this
SUMMARY:
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TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels, and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated 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
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American viticultural areas (AVAs) and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features, as described in
part 9 of the regulations, and a name
and a delineated boundary, as
established in part 9 of the regulations.
These designations allow vintners and
consumers to attribute a given quality,
reputation, or other characteristic of a
wine made from grapes grown in an area
to its geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA is
neither an approval nor an endorsement
by TTB of the wine produced in that
area.
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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
appropriate for separate recognition;
and
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• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Petition To Establish the Rocky Reach
AVA
TTB received a petition from Dr.
Kevin Pogue, a professor of geology at
Whitman College, proposing to establish
the ‘‘Rocky Reach’’ AVA. Dr. Pogue
submitted the petition on behalf of local
vineyard owners and winemakers. The
proposed AVA is located in Chelan and
Douglas Counties, Washington, and is
entirely within the existing Columbia
Valley AVA (27 CFR 9.74). The petition
notes that, although the proposed AVA
covers 50 square miles, the Columbia
River and the Rocky Reach Reservoir
constitute approximately 24 percent of
the total area. Within the proposed
AVA, there are 7 commercial vineyards
which cover a total of 117 acres. The
distinguishing features of the proposed
Rocky Reach AVA are its topography,
geology, soils, and climate.
Proposed Rocky Reach AVA
Name Evidence
The proposed Rocky Reach AVA takes
its name from the Rocky Reach Dam and
the Rocky Reach Reservoir (also known
as Lake Entiat), both of which are within
the proposed AVA. Steamboat captains
first applied the name ‘‘Rocky Reach’’ to
the region in the late 1800’s, to describe
the rapids within a stretch, or ‘‘reach,’’
of the Columbia River. The petition
included other examples of current use
of the name ‘‘Rocky Reach’’ to describe
the region of the proposed AVA. For
example, the Rocky Reach Trail is a
recreational trail within the proposed
AVA, and the Rocky Reach Discovery
Center provides educational and
informational exhibits to visitors in the
region. Rocky Reach Estates is a
residential development within the
proposed AVA. Finally, a local
newspaper article refers to a 2018
wildfire in the region of the proposed
AVA as the ‘‘Rocky Reach Fire.’’
Boundary Evidence
The proposed Rocky Reach AVA is
located along both sides of the Columbia
River and the Rocky Reach Reservoir in
the western portion of the established
Columbia Valley AVA. The proposed
eastern and western boundaries are
parallel to the Columbia River and
follow elevation contours that
approximate the extent of the river
terraces. The northern boundary
approximates the southernmost extent
of the Cordilleran ice sheet during the
last ice age glaciation, beyond which the
geology and soils change. The southern
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boundary approximates the southern
limit of exposures of metamorphic
bedrock along the Columbia River and
is also near the northern limit of
urbanization associated with the cities
of Wenatchee and East Wenatchee.
Distinguishing Features
According to the petition, the
distinguishing features of the proposed
Rocky Reach AVA are its topography,
geology, soils, and climate.
Topography
The proposed Rocky Reach AVA is
located along a stretch of the Columbia
River where the river has eroded a deep
canyon between the foothills of the
Cascade Range to the west and the
Waterville Plateau and Badger Mountain
to the east. Flat-topped terraces are
located near the floor of the canyon and
low along the canyon sides. Elevations
within the proposed AVA are below
1,600 feet. According to the petition, the
level terraces within the proposed AVA
have long been used for agricultural
purposes, including viticulture, due to
the ease of farming on the nearly-level
ground.
West of the proposed AVA, elevations
rise rapidly to over 3,000 feet, and the
terrain is rugged and mountainous. To
the east of the proposed AVA,
elevations are also higher, rising to an
average of 2,500 feet on the Waterville
Plateau. According to the petition, the
terrain is also much steeper to the east
of the proposed AVA. To the north of
the proposed AVA, within the
established Lake Chelan AVA (27 CFR
9.215), glaciers eroded a deep and broad
glacial trough that is now filled by Lake
Chelan. South of the proposed AVA, the
valley of the Columbia River abruptly
widens where the bedrock changes from
hard, erosion-resistant metamorphic
rocks to much softer sedimentary rocks.
Geology
According to the petition, 95 percent
of the surface bedrock within the
established Columbia Valley AVA
consists of Cenozoic volcanic and
sedimentary rock, predominantly
Miocene Columbia River basalt, which
is silica-poor and iron-rich. However,
within the proposed Rocky Reach AVA,
Columbia River erosion has removed the
basalt and carved a deep valley into the
underlying Mesozoic crystalline
basement rocks. According to the
petition, the region north of the
proposed AVA, specifically the
established Lake Chelan AVA, is the
only other region within the Columbia
River AVA that has this crystalline
basement bedrock. These rocks consist
primarily of metamorphosed
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sedimentary and igneous rocks that are
silica-rich and dominated by minerals
like quartz and mica that are not found
in the regions to the east, south, and
west of the proposed AVA, which have
basalt bedrock. As a result, grapevine
roots that reach the bedrock of the
proposed AVA come into contact with
a chemical environment that is distinct
from that associated with basalt
bedrock.
Soils
The petition states the soils of the
proposed AVA formed from winddeposited sand and silt overlying
cobblestone gravel, and sand deposited
by ice-age floods. The soils are typically
clay-poor and well- to excessively-well
drained. The thickness of the sand and
silt is generally greater on the higher
terraces within the proposed AVA, as
their greater age has allowed more time
for soils to be deposited. Most of the
vineyards in the proposed AVA are on
the lower terraces, where the soils are
very coarse-grained and consist largely
of cobblestones deposited by glacial
floods and outwash. According to the
petition, the stony surfaces of the lower
terraces warm quickly, and the hot
stones radiate heat to the vines and
promote faster and more complete
ripening. The coarser soils also more
efficiently transmit water to deeper soil
horizons, which encourages vines
planted in those soils to have deeper
roots than vines planted in silty or
sandy soils. Finally, the petition notes
that vineyards in the stony soils do not
require the use of cover crops since
erosion is not an issue due to the coarse
texture.
To the north of the proposed AVA,
the soils of the glaciated valleys formed
from glacial till, which is sediment
deposited directly by melting glacial ice.
The soils also contain volcanic ash and
pumice, which are uncommon within
the proposed Rocky Reach AVA. Loess
and sand dominate the soils in the
regions of the Columbia Valley AVA
that are to the south and east of the
proposed AVA. These soils are finer
than the coarse-grained sands of the
proposed AVA and contain a basalt
substratum that is lacking in soils
within the proposed AVA. The petition
did not include soil information for the
region west of the proposed AVA.
Climate
The proposed Rocky Reach AVA is
located at low elevations within the
deep valley of the Columbia River.
According to the petition, the low
elevations allow the proposed AVA to
have a warmer and longer growing
season than the higher elevations of the
surrounding mountains and plateaus.
The petition included information on
the average temperature, extreme
minimum and maximum temperatures,
average maximum and minimum
temperatures, and average soil
temperatures from two locations within
the proposed AVA, two locations north
of the proposed AVA, and one location
to the east of the proposed AVA. The
data from within and to the north of the
proposed AVA was collected from
2015–2017, while data from the region
to the east was only available for 2017.
Temperature data was not provided for
the regions to the west or south of the
proposed AVA.
TABLE 1—TEMPERATURES IN DEGREES FAHRENHEIT (F)
Weather station (direction from proposed
AVA)
Average
temperature
Average
minimum
temperature
Average
maximum
temperatures
Extreme
minimum
temperature
Extreme
maximum
temperature
Average soil
temperature
2015
Boyd District (north) .................................
Chelan South (north) ...............................
Brays Landing (within) .............................
Orondo (within) ........................................
62.8
66.1
64.7
67.4
50.8
56.1
51.5
54.9
75.6
77.3
77.9
81.3
31.3
34.6
32.2
34.4
105.4
104.6
107.4
108.9
68.1
68.5
69.6
71.2
73
75.1
75.5
78.6
30.2
34.1
29.2
35
96.7
100.1
100.4
103
66.8
65.7
67.3
69
73.3
75
75.8
78.3
68.1
29.9
34.1
29.7
32.5
28.7
100
101.3
102.5
103.5
95.2
66.1
65.6
66.7
68.9
62.5
2016
Boyd District (north) .................................
Chelan South (north) ...............................
Brays Landing (within) .............................
Orondo (within) ........................................
60.8
64.2
63
65.7
49
54.3
50.2
53.7
2017
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Boyd District (north) .................................
Chelan South (north) ...............................
Brays Landing (within) .............................
Orondo (within) ........................................
Waterville North (east) .............................
60.3
63.6
62.4
64.9
57.8
The data indicates that the proposed
Rocky Reach AVA generally has warmer
average annual temperatures than the
regions to the north, as well as higher
maximum temperatures. Although the
data suggests that the region to the east
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48.2
53.5
49.1
52.7
47.8
of the proposed AVA is cooler than the
proposed AVA, the data is only from
one year. Therefore, TTB is unable to
determine if temperature does in fact
distinguish the proposed AVA from the
region to the east.
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Summary of Distinguishing Features
The following table summarizes the
characteristics of the proposed Rocky
Reach AVA and the surrounding
regions.
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TABLE 2—SUMMARY OF DISTINGUISHING FEATURES
Location
Topography
Geology
Soils
Climate
Proposed Rocky
Reach AVA.
Canyon floor of the Columbia River, with flattopped terraces and elevations below 1,600 feet.
Mesozoic crystalline basement bedrock that is high
in silica, mica, and
quartz.
North .................
Deep, broad glacial trough
Warmer average annual
temperatures than the
regions to the north, as
well as higher maximum
temperatures.
Cooler temperatures.
East ..................
Waterville Plateau with elevations of an average of
2,500 feet and steep
slopes.
Valley of the Columbia
River widens abruptly.
Mesozoic crystalline basement bedrock that is high
in silica, mica, and
quartz.
Cenozoic volcanic and sedimentary rock that is silica-poor and high in iron.
Wind-deposited sand and silt over
cobblestone gravel and sand deposited by ice-age floods; claypoor; well- to excessively welldrained.
Soils formed from glacial till; contains volcanic ash and pumice.
Loess and sand; fine-grained, and
contains a basalt substratum that
is lacking in soils within the proposed AVA.
Loess and sand; fine-grained, and
contains a basalt substratum that
is lacking in soils within the proposed AVA.
Not provided ....................................
Insufficient data to determine if climate is distinguishable for this region.
South ................
West .................
Rugged mountains with
elevations over 3,000
feet.
Cenozoic volcanic and sedimentary rock that is silica-poor and high in iron.
Boundary Description
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Comparison of the Proposed Rocky
Reach AVA to the Existing Columbia
Valley AVA
The Columbia Valley AVA was
established by T.D. ATF–190, which
published in the Federal Register on
November 13, 1984 (49 FR 44895). T.D.
ATF–190 describes the Columbia Valley
AVA as a large, treeless basin
surrounding the Yakima, Snake, and
Columbia Rivers. Growing season
lengths within the Columbia Valley
AVA are over 150 days, and annual
precipitation amounts are less than 15
inches. Elevations within the Columbia
Valley AVA are below 2,000 feet.
The proposed Rocky Reach AVA
shares some of the general viticultural
features of the larger Columbia Valley
AVA. For instance, elevations within
the proposed AVA are below 2,000 feet,
and much of the proposed AVA is
relatively flat. The petition also states
that the proposed AVA also has a
growing season longer than 150 days.
However, the proposed AVA also has
characteristics that distinguish it from
the larger Columbia Valley AVA. For
example, the proposed AVA lacks the
basalt bedrock and loess-based soils that
define most of the Columbia Valley
AVA. Additionally, although the terrain
within the proposed AVA is relatively
flat, it is within a deep canyon of the
Columbia River, rather than on a broad
plain.
TTB Determination
TTB concludes that the petition to
establish the 50-square mile ‘‘Rocky
Reach’’ AVA merits consideration and
public comment, as invited in this
document.
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Cenozoic volcanic and sedimentary rock that is silica-poor and high in iron.
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 Rocky Reach 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 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.
If TTB establishes this proposed AVA,
its name, ‘‘Rocky Reach,’’ will be
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Not provided.
Not provided.
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 ‘‘Rocky Reach’’ in a brand name,
including a trademark, or in another
label reference as to the origin of the
wine, would have to ensure that the
product is eligible to use the AVA name
as an appellation of origin if this
proposed rule is adopted as a final rule.
The approval of the proposed Rocky
Reach AVA would not affect any
existing AVA, and any bottlers using
‘‘Columbia Valley’’ as an appellation of
origin, or in a brand name, for wines
made from grapes grown within the
Rocky Reach AVA would not be affected
by the establishment of this new AVA.
If approved, the establishment of the
proposed Rocky Reach AVA would
allow vintners to use ‘‘Rocky Reach’’ or
‘‘Columbia Valley’’ as appellations of
origin for wines made from grapes
grown within the proposed Rocky Reach
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 Rocky
Reach AVA. TTB is interested in
receiving comments on the sufficiency
and accuracy of the name, boundary,
topography, geology, soils, and climate,
and other required information
submitted in support of the AVA
petition. In addition, because the
proposed Rocky Reach AVA would be
within the existing Columbia Valley
AVA, TTB is interested in comments on
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whether the evidence submitted in the
petition regarding the distinguishing
features of the proposed AVA
sufficiently differentiates it from the
existing Columbia Valley AVA. TTB is
also interested in comments on whether
the geographic features of the proposed
Rocky Reach AVA are so
distinguishable from the Columbia
Valley AVA that the proposed AVA
should not 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 Rocky
Reach AVA on wine labels that include
the term ‘‘Rocky Reach’’ 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.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Submitting Comments
You may submit comments on this
proposal as an individual or on behalf
of a business or other organization via
the Regulations.gov website or via
postal mail, as described in the
ADDRESSES section of this document.
Your comment must reference Notice
No. 203 and must be submitted or
postmarked by the closing date shown
in the DATES section of this document.
You may upload or include attachments
with your comment. You also may
submit a comment requesting a public
hearing on this proposal. The TTB
Administrator reserves the right to
determine whether to hold a public
hearing.
Confidentiality and Disclosure of
Comments
All submitted comments and
attachments are part of the rulemaking
record and are subject to public
disclosure. Do not enclose any material
in your comments that you consider
confidential or that is inappropriate for
disclosure.
TTB will post, and you may view,
copies of this document, the related
petition, supporting materials, and any
comments TTB receives about this
proposal within the related
Regulations.gov docket. In general, TTB
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will post comments as submitted, and it
will not redact any identifying or
contact information from the body of a
comment or attachment.
Please contact TTB’s Regulations and
Rulings division by email using the web
form available at https://www.ttb.gov/
contact-rrd, or by telephone at 202–453–
2265, if you have any questions
regarding comments on this proposal or
to request copies of this document, its
supporting materials, or the comments
received.
Regulatory Flexibility Act
TTB certifies that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name would be the result of a
proprietor’s efforts and consumer
acceptance of wines from that area.
Therefore, no regulatory flexibility
analysis is required.
Executive Order 12866
It has been determined that this
proposed rule is not a significant
regulatory action as defined by
Executive Order 12866 of September 30,
1993. Therefore, 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
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.ll to read as follows:
■
§ 9.ll
Rocky Reach.
(a) Name. The name of the viticultural
area described in this section is ‘‘Rocky
Reach’’. For purposes of part 4 of this
chapter, ‘‘Rocky Reach’’ is a term of
viticultural significance.
PO 00000
Frm 00014
Fmt 4702
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(b) Approved maps. The 8 United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the
viticultural area are titled:
(1) Ardenvoir, WA, 2003;
(2) Chelan, WA, 2004;
(3) Entiat, WA, 2003;
(4) Orondo, WA, 2003;
(5) Rocky Reach Dam, WA, 2003;
(6) Waterville, WA, 2014;
(7) Wenatchee, WA, 2003; and
(8) Winesap, WA, 2004.
(c) Boundary. The Rocky Reach
viticultural area is located in Chelan
and Douglas Counties in Washington.
The boundary of the Rocky Reach
viticultural area is as described in
paragraphs (c)(1) through (13) of this
section:
(1) The beginning point is on the
Wenatchee map at the intersection of
the 1,200-foot elevation contour and the
western boundary of section 15, T23N/
R20E. From the beginning point,
proceed northeast along the 1,200-foot
elevation contour, crossing over the
Rocky Reach Dam map and onto the
northwest corner of the Orondo map;
then
(2) Continue northeasterly, then
southwesterly along the 1,200-foot
elevation contour, crossing back onto
the Rocky Reach Dam map and
continuing southwesterly along the
1,200-foot elevation contour to its
intersection with the unnamed creek
flowing from Spencer Lake; then
(3) Proceed northeasterly along the
1,200-foot elevation contour, crossing
over the unnamed creek and continuing
across the southeastern corner of the
Ardenvoir map and onto the Entiat map;
then
(4) Continue northeasterly then
westerly along the 1,200-foot elevation
contour, crossing back onto the
Ardenvoir map, and continuing along
the elevation contour to its intersection
with the R20E/R21E boundary, which is
concurrent with the western boundary
of section 18, T25N/R21E; then
(5) Proceed north along the R20E/
R21E boundary, crossing over the Entiat
River and the Entiat Ditch, to the
intersection of the range boundary and
the 1,200-foot elevation contour; then
(6) Proceed easterly along the 1,200foot elevation contour, crossing onto the
Winesap map, and continuing
northeasterly along the 1,200-foot
elevation contour to its intersection
with the boundary between sections 11
and 12, T26N/R21E; then
(7) Proceed north along the boundary
between sections 11 and 12 for
approximately 300 feet to its
intersection with the 1,400-foot
elevation contour; then
E:\FR\FM\15JYP1.SGM
15JYP1
Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules
(8) Proceed northeast, then south,
then easterly along the 1,400-foot
elevation contour, crossing Knapp
Coulee and onto the Chelan map, and
continuing east along the 1,400-foot
elevation contour to its intersection
with the northern boundary of section 1,
T26N/R22E; then
(9) Proceed south-southeasterly in a
straight line, crossing the Columbia
River, to the intersection of the 1,600foot elevation contour and the R22E/
R23E boundary; then
(10) Proceed generally westerly along
the 1,600-foot elevation contour,
crossing over the southeastern corner of
the Winesap map and onto the Entiat
map, and continuing southwesterly
along the 1,600-foot elevation contour to
its intersection with an unnamed stream
in section 35, T26N/R21E; then
(11) Proceed westerly (downstream)
along the unnamed stream for 0.45 mile
to its intersection with the 1,200-foot
elevation contour; then
(12) Proceed southerly along the
1,200-foot elevation contour, crossing
over the Orondo map and onto the
Wenatchee map to the intersection of
the elevation contour with the southern
boundary of section 14, T23N/R20E;
then
(13) Proceed west-northwest in a
straight line for 1.47 miles, crossing the
Columbia River, to the beginning point.
Signed: June 21, 2021.
Mary G. Ryan,
Administrator.
Approved: June 21 2021.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2021–15054 Filed 7–14–21; 8:45 am]
BILLING CODE 4810–31–P
is not located within, nor does it
contain, any other viticultural area. TTB
designates viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase. TTB invites comments on
these proposals.
DATES: TTB must receive your
comments on or before September 13,
2021.
You may electronically
submit comments to TTB on this
proposal using the comment form for
this document as posted within Docket
No. TTB–2021–0005 on the
‘‘Regulations.gov’’ website at https://
www.regulations.gov. Within that
docket, you also may view copies of this
document, the related petition,
supporting materials, and any
comments TTB receives on this
proposal. A direct link to that docket is
available on the TTB website at https://
www.ttb.gov/wine/notices-of-proposedrulemaking under Notice No. 202.
Alternatively, you may submit
comments via postal mail to the
Director, Regulations and Ruling
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box
12, Washington, DC 20005. Please see
the Public Participation section below
for further information on the comments
requested regarding this proposal and
on the submission, confidentiality, and
public disclosure of comments.
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:
ADDRESSES:
Background on Viticultural Areas
DEPARTMENT OF THE TREASURY
TTB Authority
Alcohol and Tobacco Tax and Trade
Bureau
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels, and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated the functions
and duties in the administration and
27 CFR Part 9
[Docket No. TTB–2021–0005; Notice No.
202]
RIN: 1513–AC81
khammond on DSKJM1Z7X2PROD with PROPOSALS
Proposed Establishment of the
Paulsell Valley Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the 34,155-acre ‘‘Paulsell
Valley’’ viticultural area in Stanislaus
County, California. The proposed AVA
SUMMARY:
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16:18 Jul 14, 2021
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Fmt 4702
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37265
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 its geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA is
neither an approval nor an endorsement
by TTB of the wine produced in that
area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (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)
E:\FR\FM\15JYP1.SGM
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Agencies
[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Proposed Rules]
[Pages 37260-37265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15054]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2021-0006; Notice No. 203]
RIN: 1513-AC83
Proposed Establishment of the Rocky Reach 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 50-square mile ``Rocky Reach'' American viticultural area
(AVA) in portions of Chelan and Douglas Counties, 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 September 13, 2021.
ADDRESSES: You may electronically submit comments to TTB on this
proposal using the comment form for this document as posted within
Docket No. TTB-2021-0006 on the Regulations.gov website at https://www.regulations.gov. Within that docket, you also may view copies of
this document, its supporting materials, and any comments TTB receives
on this proposal. A direct link to that docket is available on the TTB
website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking
under Notice No. 203. Alternatively, you may submit comments via postal
mail to the Director, Regulations and Ruling Division, Alcohol and
Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC
20005. Please see the Public Participation section below for further
information on the comments requested regarding this proposal and on
the submission, confidentiality, and public disclosure of comments.
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
[[Page 37261]]
American viticultural areas (AVAs) and lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and a name and a delineated boundary, as
established in part 9 of the regulations. These designations allow
vintners and consumers to attribute a given quality, reputation, or
other characteristic of a wine made from grapes grown in an area to its
geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA is neither an approval nor an endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (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 appropriate for separate recognition; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Petition To Establish the Rocky Reach AVA
TTB received a petition from Dr. Kevin Pogue, a professor of
geology at Whitman College, proposing to establish the ``Rocky Reach''
AVA. Dr. Pogue submitted the petition on behalf of local vineyard
owners and winemakers. The proposed AVA is located in Chelan and
Douglas Counties, Washington, and is entirely within the existing
Columbia Valley AVA (27 CFR 9.74). The petition notes that, although
the proposed AVA covers 50 square miles, the Columbia River and the
Rocky Reach Reservoir constitute approximately 24 percent of the total
area. Within the proposed AVA, there are 7 commercial vineyards which
cover a total of 117 acres. The distinguishing features of the proposed
Rocky Reach AVA are its topography, geology, soils, and climate.
Proposed Rocky Reach AVA
Name Evidence
The proposed Rocky Reach AVA takes its name from the Rocky Reach
Dam and the Rocky Reach Reservoir (also known as Lake Entiat), both of
which are within the proposed AVA. Steamboat captains first applied the
name ``Rocky Reach'' to the region in the late 1800's, to describe the
rapids within a stretch, or ``reach,'' of the Columbia River. The
petition included other examples of current use of the name ``Rocky
Reach'' to describe the region of the proposed AVA. For example, the
Rocky Reach Trail is a recreational trail within the proposed AVA, and
the Rocky Reach Discovery Center provides educational and informational
exhibits to visitors in the region. Rocky Reach Estates is a
residential development within the proposed AVA. Finally, a local
newspaper article refers to a 2018 wildfire in the region of the
proposed AVA as the ``Rocky Reach Fire.''
Boundary Evidence
The proposed Rocky Reach AVA is located along both sides of the
Columbia River and the Rocky Reach Reservoir in the western portion of
the established Columbia Valley AVA. The proposed eastern and western
boundaries are parallel to the Columbia River and follow elevation
contours that approximate the extent of the river terraces. The
northern boundary approximates the southernmost extent of the
Cordilleran ice sheet during the last ice age glaciation, beyond which
the geology and soils change. The southern boundary approximates the
southern limit of exposures of metamorphic bedrock along the Columbia
River and is also near the northern limit of urbanization associated
with the cities of Wenatchee and East Wenatchee.
Distinguishing Features
According to the petition, the distinguishing features of the
proposed Rocky Reach AVA are its topography, geology, soils, and
climate.
Topography
The proposed Rocky Reach AVA is located along a stretch of the
Columbia River where the river has eroded a deep canyon between the
foothills of the Cascade Range to the west and the Waterville Plateau
and Badger Mountain to the east. Flat-topped terraces are located near
the floor of the canyon and low along the canyon sides. Elevations
within the proposed AVA are below 1,600 feet. According to the
petition, the level terraces within the proposed AVA have long been
used for agricultural purposes, including viticulture, due to the ease
of farming on the nearly-level ground.
West of the proposed AVA, elevations rise rapidly to over 3,000
feet, and the terrain is rugged and mountainous. To the east of the
proposed AVA, elevations are also higher, rising to an average of 2,500
feet on the Waterville Plateau. According to the petition, the terrain
is also much steeper to the east of the proposed AVA. To the north of
the proposed AVA, within the established Lake Chelan AVA (27 CFR
9.215), glaciers eroded a deep and broad glacial trough that is now
filled by Lake Chelan. South of the proposed AVA, the valley of the
Columbia River abruptly widens where the bedrock changes from hard,
erosion-resistant metamorphic rocks to much softer sedimentary rocks.
Geology
According to the petition, 95 percent of the surface bedrock within
the established Columbia Valley AVA consists of Cenozoic volcanic and
sedimentary rock, predominantly Miocene Columbia River basalt, which is
silica-poor and iron-rich. However, within the proposed Rocky Reach
AVA, Columbia River erosion has removed the basalt and carved a deep
valley into the underlying Mesozoic crystalline basement rocks.
According to the petition, the region north of the proposed AVA,
specifically the established Lake Chelan AVA, is the only other region
within the Columbia River AVA that has this crystalline basement
bedrock. These rocks consist primarily of metamorphosed
[[Page 37262]]
sedimentary and igneous rocks that are silica-rich and dominated by
minerals like quartz and mica that are not found in the regions to the
east, south, and west of the proposed AVA, which have basalt bedrock.
As a result, grapevine roots that reach the bedrock of the proposed AVA
come into contact with a chemical environment that is distinct from
that associated with basalt bedrock.
Soils
The petition states the soils of the proposed AVA formed from wind-
deposited sand and silt overlying cobblestone gravel, and sand
deposited by ice-age floods. The soils are typically clay-poor and
well- to excessively-well drained. The thickness of the sand and silt
is generally greater on the higher terraces within the proposed AVA, as
their greater age has allowed more time for soils to be deposited. Most
of the vineyards in the proposed AVA are on the lower terraces, where
the soils are very coarse-grained and consist largely of cobblestones
deposited by glacial floods and outwash. According to the petition, the
stony surfaces of the lower terraces warm quickly, and the hot stones
radiate heat to the vines and promote faster and more complete
ripening. The coarser soils also more efficiently transmit water to
deeper soil horizons, which encourages vines planted in those soils to
have deeper roots than vines planted in silty or sandy soils. Finally,
the petition notes that vineyards in the stony soils do not require the
use of cover crops since erosion is not an issue due to the coarse
texture.
To the north of the proposed AVA, the soils of the glaciated
valleys formed from glacial till, which is sediment deposited directly
by melting glacial ice. The soils also contain volcanic ash and pumice,
which are uncommon within the proposed Rocky Reach AVA. Loess and sand
dominate the soils in the regions of the Columbia Valley AVA that are
to the south and east of the proposed AVA. These soils are finer than
the coarse-grained sands of the proposed AVA and contain a basalt
substratum that is lacking in soils within the proposed AVA. The
petition did not include soil information for the region west of the
proposed AVA.
Climate
The proposed Rocky Reach AVA is located at low elevations within
the deep valley of the Columbia River. According to the petition, the
low elevations allow the proposed AVA to have a warmer and longer
growing season than the higher elevations of the surrounding mountains
and plateaus. The petition included information on the average
temperature, extreme minimum and maximum temperatures, average maximum
and minimum temperatures, and average soil temperatures from two
locations within the proposed AVA, two locations north of the proposed
AVA, and one location to the east of the proposed AVA. The data from
within and to the north of the proposed AVA was collected from 2015-
2017, while data from the region to the east was only available for
2017. Temperature data was not provided for the regions to the west or
south of the proposed AVA.
Table 1--Temperatures in Degrees Fahrenheit (F)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average Average Extreme Extreme
Weather station (direction from proposed AVA) Average minimum maximum minimum maximum Average soil
temperature temperature temperatures temperature temperature temperature
--------------------------------------------------------------------------------------------------------------------------------------------------------
2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd District (north)................................... 62.8 50.8 75.6 31.3 105.4 68.1
Chelan South (north).................................... 66.1 56.1 77.3 34.6 104.6 68.5
Brays Landing (within).................................. 64.7 51.5 77.9 32.2 107.4 69.6
Orondo (within)......................................... 67.4 54.9 81.3 34.4 108.9 71.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd District (north)................................... 60.8 49 73 30.2 96.7 66.8
Chelan South (north).................................... 64.2 54.3 75.1 34.1 100.1 65.7
Brays Landing (within).................................. 63 50.2 75.5 29.2 100.4 67.3
Orondo (within)......................................... 65.7 53.7 78.6 35 103 69
--------------------------------------------------------------------------------------------------------------------------------------------------------
2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
Boyd District (north)................................... 60.3 48.2 73.3 29.9 100 66.1
Chelan South (north).................................... 63.6 53.5 75 34.1 101.3 65.6
Brays Landing (within).................................. 62.4 49.1 75.8 29.7 102.5 66.7
Orondo (within)......................................... 64.9 52.7 78.3 32.5 103.5 68.9
Waterville North (east)................................. 57.8 47.8 68.1 28.7 95.2 62.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
The data indicates that the proposed Rocky Reach AVA generally has
warmer average annual temperatures than the regions to the north, as
well as higher maximum temperatures. Although the data suggests that
the region to the east of the proposed AVA is cooler than the proposed
AVA, the data is only from one year. Therefore, TTB is unable to
determine if temperature does in fact distinguish the proposed AVA from
the region to the east.
Summary of Distinguishing Features
The following table summarizes the characteristics of the proposed
Rocky Reach AVA and the surrounding regions.
[[Page 37263]]
Table 2--Summary of Distinguishing Features
----------------------------------------------------------------------------------------------------------------
Location Topography Geology Soils Climate
----------------------------------------------------------------------------------------------------------------
Proposed Rocky Reach AVA. Canyon floor of the Mesozoic crystalline Wind-deposited sand Warmer average
Columbia River, basement bedrock and silt over annual
with flat-topped that is high in cobblestone gravel temperatures than
terraces and silica, mica, and and sand deposited the regions to the
elevations below quartz. by ice-age floods; north, as well as
1,600 feet. clay-poor; well- to higher maximum
excessively well- temperatures.
drained.
North.................... Deep, broad glacial Mesozoic crystalline Soils formed from Cooler
trough. basement bedrock glacial till; temperatures.
that is high in contains volcanic
silica, mica, and ash and pumice.
quartz.
East..................... Waterville Plateau Cenozoic volcanic Loess and sand; fine- Insufficient data
with elevations of and sedimentary grained, and to determine if
an average of 2,500 rock that is silica- contains a basalt climate is
feet and steep poor and high in substratum that is distinguishable
slopes. iron. lacking in soils for this region.
within the proposed
AVA.
South.................... Valley of the Cenozoic volcanic Loess and sand; fine- Not provided.
Columbia River and sedimentary grained, and
widens abruptly. rock that is silica- contains a basalt
poor and high in substratum that is
iron. lacking in soils
within the proposed
AVA.
West..................... Rugged mountains Cenozoic volcanic Not provided........ Not provided.
with elevations and sedimentary
over 3,000 feet. rock that is silica-
poor and high in
iron.
----------------------------------------------------------------------------------------------------------------
Comparison of the Proposed Rocky Reach AVA to the Existing Columbia
Valley AVA
The Columbia Valley AVA was established by T.D. ATF-190, which
published in the Federal Register on November 13, 1984 (49 FR 44895).
T.D. ATF-190 describes the Columbia Valley AVA as a large, treeless
basin surrounding the Yakima, Snake, and Columbia Rivers. Growing
season lengths within the Columbia Valley AVA are over 150 days, and
annual precipitation amounts are less than 15 inches. Elevations within
the Columbia Valley AVA are below 2,000 feet.
The proposed Rocky Reach AVA shares some of the general
viticultural features of the larger Columbia Valley AVA. For instance,
elevations within the proposed AVA are below 2,000 feet, and much of
the proposed AVA is relatively flat. The petition also states that the
proposed AVA also has a growing season longer than 150 days. However,
the proposed AVA also has characteristics that distinguish it from the
larger Columbia Valley AVA. For example, the proposed AVA lacks the
basalt bedrock and loess-based soils that define most of the Columbia
Valley AVA. Additionally, although the terrain within the proposed AVA
is relatively flat, it is within a deep canyon of the Columbia River,
rather than on a broad plain.
TTB Determination
TTB concludes that the petition to establish the 50-square mile
``Rocky Reach'' 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
Rocky Reach 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 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.
If TTB establishes this proposed AVA, its name, ``Rocky Reach,''
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 ``Rocky Reach'' in a brand name, including a trademark, or in
another label reference as to the origin of the wine, would have to
ensure that the product is eligible to use the AVA name as an
appellation of origin if this proposed rule is adopted as a final rule.
The approval of the proposed Rocky Reach AVA would not affect any
existing AVA, and any bottlers using ``Columbia Valley'' as an
appellation of origin, or in a brand name, for wines made from grapes
grown within the Rocky Reach AVA would not be affected by the
establishment of this new AVA. If approved, the establishment of the
proposed Rocky Reach AVA would allow vintners to use ``Rocky Reach'' or
``Columbia Valley'' as appellations of origin for wines made from
grapes grown within the proposed Rocky Reach 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 Rocky Reach AVA. TTB is
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, topography, geology, soils, and climate, and other
required information submitted in support of the AVA petition. In
addition, because the proposed Rocky Reach AVA would be within the
existing Columbia Valley AVA, TTB is interested in comments on
[[Page 37264]]
whether the evidence submitted in the petition regarding the
distinguishing features of the proposed AVA sufficiently differentiates
it from the existing Columbia Valley AVA. TTB is also interested in
comments on whether the geographic features of the proposed Rocky Reach
AVA are so distinguishable from the Columbia Valley AVA that the
proposed AVA should not 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 Rocky Reach AVA on wine labels that include the term ``Rocky
Reach'' 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 as an individual or on
behalf of a business or other organization via the Regulations.gov
website or via postal mail, as described in the ADDRESSES section of
this document. Your comment must reference Notice No. 203 and must be
submitted or postmarked by the closing date shown in the DATES section
of this document. You may upload or include attachments with your
comment. You also may submit a comment requesting a public hearing on
this proposal. The TTB Administrator reserves the right to determine
whether to hold a public hearing.
Confidentiality and Disclosure of Comments
All submitted comments and attachments are part of the rulemaking
record and are subject to public disclosure. Do not enclose any
material in your comments that you consider confidential or that is
inappropriate for disclosure.
TTB will post, and you may view, copies of this document, the
related petition, supporting materials, and any comments TTB receives
about this proposal within the related Regulations.gov docket. In
general, TTB will post comments as submitted, and it will not redact
any identifying or contact information from the body of a comment or
attachment.
Please contact TTB's Regulations and Rulings division by email
using the web form available at https://www.ttb.gov/contact-rrd, or by
telephone at 202-453-2265, if you have any questions regarding comments
on this proposal or to request copies of this document, its supporting
materials, or the comments received.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, 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. Subpart C is amended by adding Sec. 9.__ to read as follows:
Sec. 9.__ Rocky Reach.
(a) Name. The name of the viticultural area described in this
section is ``Rocky Reach''. For purposes of part 4 of this chapter,
``Rocky Reach'' is a term of viticultural significance.
(b) Approved maps. The 8 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
viticultural area are titled:
(1) Ardenvoir, WA, 2003;
(2) Chelan, WA, 2004;
(3) Entiat, WA, 2003;
(4) Orondo, WA, 2003;
(5) Rocky Reach Dam, WA, 2003;
(6) Waterville, WA, 2014;
(7) Wenatchee, WA, 2003; and
(8) Winesap, WA, 2004.
(c) Boundary. The Rocky Reach viticultural area is located in
Chelan and Douglas Counties in Washington. The boundary of the Rocky
Reach viticultural area is as described in paragraphs (c)(1) through
(13) of this section:
(1) The beginning point is on the Wenatchee map at the intersection
of the 1,200-foot elevation contour and the western boundary of section
15, T23N/R20E. From the beginning point, proceed northeast along the
1,200-foot elevation contour, crossing over the Rocky Reach Dam map and
onto the northwest corner of the Orondo map; then
(2) Continue northeasterly, then southwesterly along the 1,200-foot
elevation contour, crossing back onto the Rocky Reach Dam map and
continuing southwesterly along the 1,200-foot elevation contour to its
intersection with the unnamed creek flowing from Spencer Lake; then
(3) Proceed northeasterly along the 1,200-foot elevation contour,
crossing over the unnamed creek and continuing across the southeastern
corner of the Ardenvoir map and onto the Entiat map; then
(4) Continue northeasterly then westerly along the 1,200-foot
elevation contour, crossing back onto the Ardenvoir map, and continuing
along the elevation contour to its intersection with the R20E/R21E
boundary, which is concurrent with the western boundary of section 18,
T25N/R21E; then
(5) Proceed north along the R20E/R21E boundary, crossing over the
Entiat River and the Entiat Ditch, to the intersection of the range
boundary and the 1,200-foot elevation contour; then
(6) Proceed easterly along the 1,200-foot elevation contour,
crossing onto the Winesap map, and continuing northeasterly along the
1,200-foot elevation contour to its intersection with the boundary
between sections 11 and 12, T26N/R21E; then
(7) Proceed north along the boundary between sections 11 and 12 for
approximately 300 feet to its intersection with the 1,400-foot
elevation contour; then
[[Page 37265]]
(8) Proceed northeast, then south, then easterly along the 1,400-
foot elevation contour, crossing Knapp Coulee and onto the Chelan map,
and continuing east along the 1,400-foot elevation contour to its
intersection with the northern boundary of section 1, T26N/R22E; then
(9) Proceed south-southeasterly in a straight line, crossing the
Columbia River, to the intersection of the 1,600-foot elevation contour
and the R22E/R23E boundary; then
(10) Proceed generally westerly along the 1,600-foot elevation
contour, crossing over the southeastern corner of the Winesap map and
onto the Entiat map, and continuing southwesterly along the 1,600-foot
elevation contour to its intersection with an unnamed stream in section
35, T26N/R21E; then
(11) Proceed westerly (downstream) along the unnamed stream for
0.45 mile to its intersection with the 1,200-foot elevation contour;
then
(12) Proceed southerly along the 1,200-foot elevation contour,
crossing over the Orondo map and onto the Wenatchee map to the
intersection of the elevation contour with the southern boundary of
section 14, T23N/R20E; then
(13) Proceed west-northwest in a straight line for 1.47 miles,
crossing the Columbia River, to the beginning point.
Signed: June 21, 2021.
Mary G. Ryan,
Administrator.
Approved: June 21 2021.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2021-15054 Filed 7-14-21; 8:45 am]
BILLING CODE 4810-31-P