Proposed Establishment of the Wanapum Village Viticultural Area, 72927-72932 [2022-25272]
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Federal Register / Vol. 87, No. 227 / Monday, November 28, 2022 / Proposed Rules
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■ 12. In § 351.306, revise paragraph
(c)(2) to read as follows:
§ 351.306 Use of business proprietary
information.
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(c) * * *
(2) If a party to a proceeding is not
represented, or its representative is not
an authorized applicant, the submitter
of a document containing that party’s
business proprietary information must
serve that party or its representative, if
applicable, with a version of the
document that contains only that party’s
business proprietary information
consistent with § 351.303(f)(1)(iii). The
document must not contain the business
proprietary information of other parties.
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■ 13. In § 351.404, revise paragraph (d)
to read as follows:
§ 351.404 Selection of the market to be
used as the basis for normal value.
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(d) Allegations concerning market
viability and the basis for determining a
price-based normal value. In an
antidumping investigation or review,
allegations regarding market viability or
the exceptions in paragraph (c)(2) of this
section, must be filed, with all
supporting factual information, in
accordance with § 351.301(c)(2)(i).
Background on Viticultural Areas
§ 351.408
TTB Authority
[Amended]
14. In § 351.408, remove paragraph
(c)(3) and redesignate paragraph (c)(4) as
paragraph (c)(3).
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[FR Doc. 2022–25675 Filed 11–25–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2022–0014; Notice No.
219]
RIN 1513–AC84
Proposed Establishment of the
Wanapum Village 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 2,415-acre ‘‘Wanapum
Village’’ American viticultural area
(AVA) in Grant County, Washington.
The proposed AVA area 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 January 27,
2023.
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–2022–0014 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 or U.S. mail, and for
full details on how to obtain copies of
this document, its supporting materials,
and any comments related to this
proposal.
SUMMARY:
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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
provisions pursuant to section 1111(d)
of the Homeland Security Act of 2002,
as codified at 6 U.S.C. 531(d). In
addition, the Secretary of the Treasury
has delegated certain administrative and
enforcement authorities to TTB through
Treasury Order 120–01.
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, once
approved, a name and a delineated
boundary codified 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.
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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 allows any interested party to
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 to
establish or modify 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 Wanapum
Village AVA
TTB received a petition from Dr.
Kevin Pogue, a professor of geology at
Whitman College, proposing to establish
the ‘‘Wanapum Village’’ AVA. Dr. Pogue
submitted the petition on behalf of local
vineyard owners and winemakers. The
proposed AVA is located in Grant
County, Washington, and is entirely
within the existing Columbia Valley
AVA (27 CFR 9.74). Within the
proposed AVA, there are 2 commercial
vineyards which cover a total of 538
acres. The distinguishing features of the
proposed Wanapum Village AVA are its
topography, soils, and climate.
Proposed Wanapum Village AVA
Name Evidence
The proposed Wanapum Village AVA
takes its name from a small community
constructed in the early 1960s to house
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personnel associated with the
construction and operation of the
nearby Wanapum Dam on the Columbia
River. The mid-century style buildings
of ‘‘Wanapum Village * * * [are]
eligible for listing in the National
Register of Historic Places.’’ 1 Wanapum
Village appears as the name of the
community on the 2017 USGS 1:24,000scale Beverly quadrangle map and the
1979 1:100,000-scale Priest Rapids map.
In 2010, the Grant County Public Utility
District, owners of the buildings and
land comprising Wanapum Village,
declared the property surplus and
offered it for sale. The Zirkle Fruit
Company, owners of one of the
vineyards in the proposed AVA,
purchased the property in 2016, as
noted in an article included in the
petition titled ‘‘Zirkle buying Wanapum
Village.’’ 2 As additional evidence that
the region of the proposed AVA is
known as ‘‘Wanapum Village,’’ the
petition included an article about a 2019
wildfire in the region of the proposed
AVA titled ‘‘Level 1 Evacuation for
Wanapum Village due to wildfire.’’ 3 A
2021 wildfire that ‘‘burned about two
acres south of Wanapum Village’’ 4 was
named the ‘‘Wanapum Village Fire.’’ 5
Finally, two streets within the proposed
AVA are named Wanapum Village Lane
and Wanapum Village Loop.
Boundary Evidence
The proposed Wanapum Village AVA
is located along the gentle to moderately
sloping hillsides and low rolling hills
where the south- and west-facing slopes
of the Frenchman Hills meet the
Columbia River at its confluence with
Crab Creek. The proposed northern
boundary primarily follows a series of
roads which separate the proposed AVA
from steeper, rockier terrain and
federally-owned lands that are
unavailable for commercial viticulture.
The proposed eastern boundary follows
a series of section lines on the USGS
maps and largely corresponds with the
western and southern boundaries of the
neighboring Royal Slope AVA (27 CFR
9.271). The proposed southern
boundary follows section lines on the
USGS maps and separates the proposed
AVA from the small town of Schwana,
as well as from federally-owned lands
that are not available for commercial
1 legalease.net/uploads/ferris/2/2/14396222.pdf.
2 https://www.capitalpress.com/state/washington/
zirkle-buying-wanapum-village/article_0a3451e82b06-57b7-bc62-3338c5ee234a.html.
3 https://fox28spokane.com/level-1-evacuationfor-wanapum-village-due-to-wildfire.
4 https://www.kpq.com/multiple-fires-inwanapum-area-may-be-intentional/.
5 https://www.fireweatheravalanche.org/wildfire/
incident/194680/washington/wanapum-village-fire.
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viticulture. The proposed western
boundary follows State Highway 243
and separates the proposed AVA from
federally-owned lands along the eastern
bank of the Columbia River.
Distinguishing Features
According to the petition, the
distinguishing features of the proposed
Wanapum Village AVA are its
topography, soils, and climate.
Topography
Low, rolling hills with gentle to
moderate slopes characterize the
topography of the proposed Wanapum
Village AVA. Elevations within the
proposed AVA range from 515 to 950
feet, and the average elevation is
approximately 600 feet. By contrast, to
the north and northeast of the proposed
AVA, the terrain of the established
Royal Slope AVA consists of a single
gentle incline that rises to the summit
of the Frenchman Hills. Elevations are
higher in the Royal Slope AVA than in
the proposed Wanapum Village AVA,
rising to a maximum of 1,756 feet. To
the south of the proposed AVA is
Sentinel Gap, a 1,500-foot deep, 1.5mile wide, rugged, cliff-walled canyon
carved by the Columbia River. The gap
forms a natural geographic barrier
between the proposed Wanapum Village
AVA and the gently-sloping terrain of
the established Wahluke Slope AVA (27
CFR 9.192). To the immediate west of
the proposed AVA is the relatively
narrow floodplain of the Columbia
River, which, according to the USGS
maps included in the petition, has
elevations between 500 and 530 feet.
According to the petition, the
topography of the proposed AVA affects
viticulture. The proximity of the
proposed AVA to Sentinel Gap
increases wind speeds within the
proposed AVA, as the canyon funnels
wind into the proposed AVA. High
winds can reduce mildew pressure on
the vines and also promote the
development of smaller grapes with
thicker skins than are found on the same
varietals grown in less windy
conditions. Additionally, because the
proposed AVA has lower elevations
than the neighboring Wahluke Slope
and Royal Slope AVAs, the entire
proposed Wanapum Village AVA was
repeatedly inundated by ice-age
floodwaters that reached a maximum
depth of 1,250 feet. The water flowed at
a relatively high velocity, depositing
coarse-grained sediments that formed
the basis for the soils in the proposed
AVA, compared to the finer clays and
silts that were deposited at higher
elevations outside the proposed AVA.
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Soils
As previously noted, the coarsegrained soils of the proposed Wanapum
Village AVA are developed from sand
and gravel deposited by ice-age floods
mixed with wind-deposited sand. The
four main soil series dominating the
proposed AVA are the Burbank,
Winchester, Schwana, and Quincy
series. All of those soil series are
described as excessively or somewhat
excessively well-drained.
The petition states that the proposed
AVA soils are much coarser than the
soils in the neighboring Royal Slope
AVA, which is located to the north and
east of the proposed AVA. In soil
samples taken from both the proposed
AVA and the established Royal Slope
AVA, only one percent of the weight of
the soil sample from the Royal Slope
AVA consisted of medium to coarse
grains, compared to 46 percent of the
sample from the proposed Wanapum
Village AVA. The petition also notes
that soils in the established Royal Slope
AVA formed primarily in fine-grained
slackwater sediments overlain by wind-
deposited silt, and less than 2 percent
of the soils derived from ‘‘outburst
sands and gravels’’ such as those found
in the proposed AVA.
To the immediate south of the
proposed AVA, in Sentinel Gap, the
soils are defined as ‘‘rubble land-rock
outcrop complex.’’ These soils are
generally considered unsuitable for
agriculture. Farther south of the
proposed AVA, within the established
Wahluke Slope AVA, the soils are
similar to those of the proposed
Wanapum Village AVA. The petition
did not include information on soils to
the west of the proposed AVA.
The soils of the proposed Wanapum
Village AVA have an effect on
viticulture. Coarse-grained, excessively
well-drained soils require more
irrigation water and more easily
promote vine stress than finer-grained
soils. Vines planted in coarse-textured
soils often have deeper roots since water
has a greater tendency to move
vertically through the profile. Coarse
soils are less susceptible to erosion than
soils formed in silt and fine sand, so
cover crops are not critical and are not
currently used in the vineyards of the
proposed AVA. Finally, the petition
notes that coarse-textured soils without
cover crops warm faster than finegrained soils that use cover crops. The
warmer soils promote earlier onset of
phenological stages in grapes, such as
bud break and veraison.
Climate
According to the petition, the climate
of the proposed Wanapum Village AVA
is warm and windy. The petition
included data on the average growing
season temperature,6 average maximum
temperature, growing degree day
(GDD) 7 accumulation, average wind
speed, and maximum wind speed for
one location in the proposed AVA, three
locations in the established Royal Slope
AVA (north and east of the proposed
AVA), and three locations in the
established Wahluke Slope AVA (south
of the proposed AVA). The petition did
not include data for the region to the
west of the proposed AVA.
TABLE 1—2015–2018 TEMPERATURE DATA
[Degrees fahrenheit]
Location 8
Average
growing
season
temperature
Average
maximum
temperature
71.8
67.0
69.0
68.5
71.3
69.2
72.4
66.7
62.8
64.0
64.0
67.1
65.0
66.9
Beverly ..............................................
Royal City East .................................
Royal City West ................................
Royal Slope East ..............................
Desert Aire ........................................
Mattawa .............................................
Wahluke Slope ..................................
Growing degree day accumulations
2015
2016
66.1
62.5
63.6
64.0
66.2
64.3
66.9
2017
65.8
62.8
64.0
64.2
66.6
64.8
67.0
2018
85.9
80.4
81.4
79.3
84.7
83.2
81.7
80.6
75.1
76.2
74.2
79.7
78.0
76.4
2015
78.6
75.4
76.3
74.5
79.8
78.4
76.5
2016
2017
78.2
75.8
76.6
74.5
79.9
78.3
76.6
2816
2194
2461
2396
2750
2406
2885
2018
3593
2784
3034
3041
3669
3229
3637
2015
2016
3514
2777
3022
3092
3519
3148
3667
3415
2817
3079
3099
3569
3226
3675
TABLE 2—2015–2018 WIND SPEEDS
[Miles per hour]
Average wind speed
Maximum wind speed
Location
2015
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Beverly ..............................
Royal City East .................
Royal City West ................
Royal Slope East ..............
Desert Aire ........................
Mattawa .............................
Wahluke Slope ..................
2016
7.1
3.6
5.5
5.5
4.7
4.5
7.6
2017
7.6
4.0
5.4
6.3
5.2
5.6
7.9
2018
7.6
2.7
5.1
6.2
4.9
5.0
7.4
2015
7.8
2.8
5.2
6.2
5.0
5.5
8.0
2016
27.3
12.3
16.1
16.0
16.6
16.1
22.7
2017
28.2
14.5
16.1
17.5
17.5
18.2
22.9
2018
26.8
13.7
15.5
17.6
16.8
16.7
22.1
16.0
13.4
15.6
17.1
17.0
18.0
22.8
According to the data in the tables,
the proposed Wanapum Village AVA
has a higher average growing season
temperature and accumulates more
GDDs than any of the weather station
locations within the established Royal
Slope AVA. The weather station in the
proposed AVA also had higher average
and maximum wind speeds than any
station in the Royal Slope AVA. The
data suggests that temperatures in the
established Wahluke Slope AVA are
more varied than in the proposed AVA,
with one station reporting very similar
temperatures and GDD accumulations
(Desert Aire), one reporting slightly
lower temperatures and GDD
accumulations (Mattawa), and one
6 The petition defines the growing season as April
1 through October 31.
7 See Albert J. Winkler, General Viticulture
(Berkeley: University of California Press, 1974),
pages 61–64. In the Winkler climate classification
system, annual heat accumulation during the
growing season, measured in annual GDDs, defines
climatic regions. One GDD accumulates for each
degree Fahrenheit that a day’s mean temperature is
above 50 degrees F, the minimum temperature
required for grapevine growth.
8 The Beverly weather station is located within
the proposed AVA. The Royal City East, Royal City
West, and Royal Slope East stations are located
within the Royal Slope AVA. The Desert Aire,
Mattawa, and Wahluke Slope stations are located
within the Wahluke Slope AVA.
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reporting slightly warmer temperatures
and GDD accumulations (Wahluke
Slope). However, the average and
maximum wind speeds in the proposed
AVA are consistently higher than in the
Wahluke Slope AVA, with the
exception of the 2015, 2016, and 2018
average wind speeds for the Wahluke
Slope station.
According to the petition, the warm
temperatures and high GDD
accumulations within the proposed
Wanapum Village AVA mean that
vineyard owners are able to plant
warmer-climate cultivars that require
more heat to ripen. Additionally, cooler
climate grape varietals planted in the
proposed AVA will ripen faster and
accumulate more sugars than the same
varietals planted in the cooler Royal
Slope AVA.
Summary of Distinguishing Features
The following table summarizes the
distinguishing features of the proposed
Wanapum Village AVA and the
surrounding regions.
TABLE 3—SUMMARY OF DISTINGUISHING FEATURES
Region
Description
Proposed Wanapum Village AVA .......................
Low, rolling hills with gentle to moderate slopes; elevations between 515 and 950 feet; soils
derived from ice-age flood deposits of sand and gravel mixed with wind-deposited sand;
coarse-grained soils that are excessively to somewhat excessively well-drained; warm temperatures and high GDD accumulations; high average and maximum wind speeds due to
proximity to Sentinel Gap.
Single gentle incline with elevations up to 1,756 feet; finer-grained soils formed from
slackwater sediments overlain by wind-deposited silt; lower temperatures and GDD accumulations; less windy.
Rugged, steep-walled canyon; rubble land–rock outcrop complex unsuitable for viticulture.
Gently sloping incline; soils similar to those of proposed AVA; some regions have similar wind
speeds and temperatures, while other locations have higher or lower temperatures, GDD accumulations, and wind speeds.
Columbia River floodplain; elevations between 500 and 530 feet.
North and East (established Royal Slope AVA)
Immediate South (Sentinel Gap) ........................
South (established Wahluke Slope AVA) ...........
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West ....................................................................
Comparison of the Proposed Wanapum
Village AVA to the Existing Columbia
Valley AVA
public comment, as invited in this
document.
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 GDD
accumulations exceed 2,000. Annual
precipitation amounts are less than 15
inches. Elevations within the Columbia
Valley AVA are below 2,000 feet.
The proposed Wanapum Village 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 annual GDD accumulations from
2015 to 2018 did not fall below 2,800.
However, the proposed AVA does have
some distinctive features, namely the
soils. Within the proposed AVA, soils
are primarily formed from sand and
gravel deposited by water and are
classified as sand and stony loamy sand.
By contrast, T.D. ATF–190 described the
soils of the Columbia Valley AVA as
fine-grained soils derived from winddeposited silts and fine sand.
See the narrative boundary
descriptions of the petitioned-for AVA
in the proposed regulatory text
published at the end of this document.
TTB Determination
TTB concludes that the petition to
establish the 2,415-acre ‘‘Wanapum
Village’’ AVA merits consideration and
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Boundary Description
Maps
The petitioner provided the required
maps, and they are listed below in the
proposed regulatory text. You may also
view the proposed Wanapum Village
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
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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, ‘‘Wanapum Village,’’ 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 ‘‘Wanapum Village’’ 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, ‘‘Wanapum
Village.’’ The approval of the proposed
Wanapum Village 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 Wanapum Village AVA
would not be affected by the
establishment of this new AVA. If
approved, the establishment of the
proposed Wanapum Village AVA would
allow vintners to use ‘‘Wanapum
Village’’ 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
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Wanapum Village 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
Wanapum Village 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 Wanapum Village 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
Wanapum Village AVA on wine labels
that include the term ‘‘Wanapum
Village’’ 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
methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this
proposal within Docket No. TTB–2022–
0014 on ‘‘Regulations.gov,’’ the Federal
e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 219 on the TTB website at https://
www.ttb.gov/wine/notices-of-proposedrulemaking. Supplemental files may be
attached to comments submitted via
Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab.
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
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Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005.
Please submit your comments by the
closing date shown above in this
proposal. Your comments must
reference Notice No. 219 and include
your name and mailing address. Your
comments also must be made in
English, be legible, and be written in
language acceptable for public
disclosure. TTB does not acknowledge
receipt of comments, and TTB considers
all comments as originals.
In your comment, please clearly state
if you are commenting for yourself or on
behalf of an association, business, or
other entity. If you are commenting on
behalf of an entity, your comment must
include the entity’s name, as well as
your name and position title. If you
comment via Regulations.gov, please
enter the entity’s name in the
‘‘Organization’’ blank of the online
comment form. If you comment via
postal mail or hand delivery/courier,
please submit your entity’s comment on
letterhead.
You may also write to the TTB
Administrator before the comment
closing date to ask for a public hearing.
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 and selected 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 about
commenting on this proposal or to
request copies of this document, the
related petition and its supporting
materials, or any 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
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72931
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
This proposed rule is not a significant
regulatory action as defined by
Executive Order 12866. Therefore, it
requires no regulatory assessment.
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. Add § 9.lllto read as follows:
§ 9.ll
Wanapum Village.
(a) Name. The name of the viticultural
area described in this section is
‘‘Wanapum Village’’. For purposes of
part 4 of this chapter, ‘‘Wanapum
Village’’ is a term of viticultural
significance.
(b) Approved maps. The one United
States Geological Survey (USGS)
1:24,000 scale topographic map used to
determine the boundary of the
viticultural area is titled Beverly,
Washington (2017).
(c) Boundary. The Wanapum Village
viticultural area is located in Grant
County, Washington. The boundary of
the Wanapum Village viticultural area is
described as follows:
(1) The beginning point is on the
Beverly map at the intersection of State
Highway 243 and southern boundary of
section 34 just north of the town of
Schwana. From the beginning point,
proceed northwest along Highway 243
to its intersection with an unnamed
local road on the north side of
Wanapum Village, near the center of
section 21; then
(2) Proceed east in a straight line for
2,450 feet to the 600-foot elevation
contour; then
(3) Proceed southeasterly along the
600-foot elevation contour for
approximately 1,500 feet to its
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intersection with an unnamed local road
in section 22; then
(4) Proceed northeasterly along the
unnamed local road for approximately
3,000 feet to its intersection with
another unnamed local road; then
(5) Proceed north-northeast in a
straight line for approximately 500 feet
to the intersection of Beverly Burke
Road and an unnamed local road; then
(6) Proceed northeasterly along
Beverly Burke Road to the point where
it becomes concurrent with the northern
boundary of section 22, and continue
east along Beverly Burke Road to its
intersection with the eastern boundary
of section 22; then
(7) Proceed south along the eastern
boundary of section 22 for one mile to
its intersection with the northern
boundary of section 26; then
(8) Proceed east along the northern
boundary of section 26 for one mile to
its intersection with the eastern
boundary of section 26; then
(9) Proceed south along the eastern
boundary of section 26 to its
intersection with the 540-foot elevation
contour; then
(10) Proceed southwesterly along the
540-foot elevation contour to its
intersection with the southern boundary
of section 26; then
(11) Proceed west along the southern
boundary of section 26 to its
intersection with the eastern boundary
of section 34; then
(12) Proceed south along the eastern
boundary of section 34 for 1 mile to its
intersection with the southern boundary
of section 34; then
(13) Proceed west along the southern
boundary of section 34 for 0.5 mile to
the beginning point.
Signed: November 15, 2022.
Mary G. Ryan,
Administrator.
Approved: November 16, 2022.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2022–25272 Filed 11–25–22; 8:45 am]
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BILLING CODE 4810–31–P
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DEPARTMENT OF THE TREASURY
Background on Viticultural Areas
Alcohol and Tobacco Tax and Trade
Bureau
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). In addition,
the Secretary of the Treasury has
delegated certain administrative and
enforcement authorities to TTB through
Treasury Order 120–01.
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.
27 CFR Part 9
[Docket No. TTB–2022–0013; Notice No.
218]
RIN 1513–AC91
Proposed Establishment of the Winters
Highlands 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 7,296-acre ‘‘Winters
Highlands’’ viticultural area in portions
of Solano and Yolo Counties, in
California. The proposed viticultural
area is not within any other established
viticultural area. TTB designates
viticultural areas to allow vintners to
better describe the origin of their wines
and to allow consumers to better
identify wines they may purchase. TTB
invites comments on this proposed
addition to its regulations.
DATES: Comments must be received by
January 27, 2023.
ADDRESSES: You may electronically
submit comments to TTB on this
proposal using the comment form for
this document posted within Docket No.
TTB–2022–0013 on the Regulations.gov
website at https://www.regulations.gov.
At the same location, you also may view
copies of this document, the related
petition and selected 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. 218. 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 of this
document for further information on the
comments requested on 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:
SUMMARY:
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Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features as described in
part 9 of the regulations and, once
approved, a name and a delineated
boundary codified 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 allows any interested party to
petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
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]]>Agencies
[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Proposed Rules]
[Pages 72927-72932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25272]
=======================================================================
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2022-0014; Notice No. 219]
RIN 1513-AC84
Proposed Establishment of the Wanapum Village 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 2,415-acre ``Wanapum Village'' American viticultural area
(AVA) in Grant County, Washington. The proposed AVA area 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 January 27, 2023.
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-2022-0014 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 or U.S. mail, and for full details on how to 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
provisions pursuant to section 1111(d) of the Homeland Security Act of
2002, as codified at 6 U.S.C. 531(d). In addition, the Secretary of the
Treasury has delegated certain administrative and enforcement
authorities to TTB through Treasury Order 120-01.
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, once approved, a name and a delineated boundary
codified 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.
[[Page 72928]]
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and allows any interested
party to 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 to establish or modify 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 Wanapum Village AVA
TTB received a petition from Dr. Kevin Pogue, a professor of
geology at Whitman College, proposing to establish the ``Wanapum
Village'' AVA. Dr. Pogue submitted the petition on behalf of local
vineyard owners and winemakers. The proposed AVA is located in Grant
County, Washington, and is entirely within the existing Columbia Valley
AVA (27 CFR 9.74). Within the proposed AVA, there are 2 commercial
vineyards which cover a total of 538 acres. The distinguishing features
of the proposed Wanapum Village AVA are its topography, soils, and
climate.
Proposed Wanapum Village AVA
Name Evidence
The proposed Wanapum Village AVA takes its name from a small
community constructed in the early 1960s to house personnel associated
with the construction and operation of the nearby Wanapum Dam on the
Columbia River. The mid-century style buildings of ``Wanapum Village *
* * [are] eligible for listing in the National Register of Historic
Places.'' \1\ Wanapum Village appears as the name of the community on
the 2017 USGS 1:24,000-scale Beverly quadrangle map and the 1979
1:100,000-scale Priest Rapids map. In 2010, the Grant County Public
Utility District, owners of the buildings and land comprising Wanapum
Village, declared the property surplus and offered it for sale. The
Zirkle Fruit Company, owners of one of the vineyards in the proposed
AVA, purchased the property in 2016, as noted in an article included in
the petition titled ``Zirkle buying Wanapum Village.'' \2\ As
additional evidence that the region of the proposed AVA is known as
``Wanapum Village,'' the petition included an article about a 2019
wildfire in the region of the proposed AVA titled ``Level 1 Evacuation
for Wanapum Village due to wildfire.'' \3\ A 2021 wildfire that
``burned about two acres south of Wanapum Village'' \4\ was named the
``Wanapum Village Fire.'' \5\ Finally, two streets within the proposed
AVA are named Wanapum Village Lane and Wanapum Village Loop.
---------------------------------------------------------------------------
\1\ legalease.net/uploads/ferris/2/2/14396222.pdf.
\2\ https://www.capitalpress.com/state/washington/zirkle-buying-wanapum-village/article_0a3451e8-2b06-57b7-bc62-3338c5ee234a.html.
\3\ https://fox28spokane.com/level-1-evacuation-for-wanapum-village-due-to-wildfire.
\4\ https://www.kpq.com/multiple-fires-in-wanapum-area-may-be-intentional/.
\5\ https://www.fireweatheravalanche.org/wildfire/incident/194680/washington/wanapum-village-fire.
---------------------------------------------------------------------------
Boundary Evidence
The proposed Wanapum Village AVA is located along the gentle to
moderately sloping hillsides and low rolling hills where the south- and
west-facing slopes of the Frenchman Hills meet the Columbia River at
its confluence with Crab Creek. The proposed northern boundary
primarily follows a series of roads which separate the proposed AVA
from steeper, rockier terrain and federally-owned lands that are
unavailable for commercial viticulture. The proposed eastern boundary
follows a series of section lines on the USGS maps and largely
corresponds with the western and southern boundaries of the neighboring
Royal Slope AVA (27 CFR 9.271). The proposed southern boundary follows
section lines on the USGS maps and separates the proposed AVA from the
small town of Schwana, as well as from federally-owned lands that are
not available for commercial viticulture. The proposed western boundary
follows State Highway 243 and separates the proposed AVA from
federally-owned lands along the eastern bank of the Columbia River.
Distinguishing Features
According to the petition, the distinguishing features of the
proposed Wanapum Village AVA are its topography, soils, and climate.
Topography
Low, rolling hills with gentle to moderate slopes characterize the
topography of the proposed Wanapum Village AVA. Elevations within the
proposed AVA range from 515 to 950 feet, and the average elevation is
approximately 600 feet. By contrast, to the north and northeast of the
proposed AVA, the terrain of the established Royal Slope AVA consists
of a single gentle incline that rises to the summit of the Frenchman
Hills. Elevations are higher in the Royal Slope AVA than in the
proposed Wanapum Village AVA, rising to a maximum of 1,756 feet. To the
south of the proposed AVA is Sentinel Gap, a 1,500-foot deep, 1.5-mile
wide, rugged, cliff-walled canyon carved by the Columbia River. The gap
forms a natural geographic barrier between the proposed Wanapum Village
AVA and the gently-sloping terrain of the established Wahluke Slope AVA
(27 CFR 9.192). To the immediate west of the proposed AVA is the
relatively narrow floodplain of the Columbia River, which, according to
the USGS maps included in the petition, has elevations between 500 and
530 feet.
According to the petition, the topography of the proposed AVA
affects viticulture. The proximity of the proposed AVA to Sentinel Gap
increases wind speeds within the proposed AVA, as the canyon funnels
wind into the proposed AVA. High winds can reduce mildew pressure on
the vines and also promote the development of smaller grapes with
thicker skins than are found on the same varietals grown in less windy
conditions. Additionally, because the proposed AVA has lower elevations
than the neighboring Wahluke Slope and Royal Slope AVAs, the entire
proposed Wanapum Village AVA was repeatedly inundated by ice-age
floodwaters that reached a maximum depth of 1,250 feet. The water
flowed at a relatively high velocity, depositing coarse-grained
sediments that formed the basis for the soils in the proposed AVA,
compared to the finer clays and silts that were deposited at higher
elevations outside the proposed AVA.
[[Page 72929]]
Soils
As previously noted, the coarse-grained soils of the proposed
Wanapum Village AVA are developed from sand and gravel deposited by
ice-age floods mixed with wind-deposited sand. The four main soil
series dominating the proposed AVA are the Burbank, Winchester,
Schwana, and Quincy series. All of those soil series are described as
excessively or somewhat excessively well-drained.
The petition states that the proposed AVA soils are much coarser
than the soils in the neighboring Royal Slope AVA, which is located to
the north and east of the proposed AVA. In soil samples taken from both
the proposed AVA and the established Royal Slope AVA, only one percent
of the weight of the soil sample from the Royal Slope AVA consisted of
medium to coarse grains, compared to 46 percent of the sample from the
proposed Wanapum Village AVA. The petition also notes that soils in the
established Royal Slope AVA formed primarily in fine-grained slackwater
sediments overlain by wind-deposited silt, and less than 2 percent of
the soils derived from ``outburst sands and gravels'' such as those
found in the proposed AVA.
To the immediate south of the proposed AVA, in Sentinel Gap, the
soils are defined as ``rubble land-rock outcrop complex.'' These soils
are generally considered unsuitable for agriculture. Farther south of
the proposed AVA, within the established Wahluke Slope AVA, the soils
are similar to those of the proposed Wanapum Village AVA. The petition
did not include information on soils to the west of the proposed AVA.
The soils of the proposed Wanapum Village AVA have an effect on
viticulture. Coarse-grained, excessively well-drained soils require
more irrigation water and more easily promote vine stress than finer-
grained soils. Vines planted in coarse-textured soils often have deeper
roots since water has a greater tendency to move vertically through the
profile. Coarse soils are less susceptible to erosion than soils formed
in silt and fine sand, so cover crops are not critical and are not
currently used in the vineyards of the proposed AVA. Finally, the
petition notes that coarse-textured soils without cover crops warm
faster than fine-grained soils that use cover crops. The warmer soils
promote earlier onset of phenological stages in grapes, such as bud
break and veraison.
Climate
According to the petition, the climate of the proposed Wanapum
Village AVA is warm and windy. The petition included data on the
average growing season temperature,\6\ average maximum temperature,
growing degree day (GDD) \7\ accumulation, average wind speed, and
maximum wind speed for one location in the proposed AVA, three
locations in the established Royal Slope AVA (north and east of the
proposed AVA), and three locations in the established Wahluke Slope AVA
(south of the proposed AVA). The petition did not include data for the
region to the west of the proposed AVA.
---------------------------------------------------------------------------
\6\ The petition defines the growing season as April 1 through
October 31.
\7\ See Albert J. Winkler, General Viticulture (Berkeley:
University of California Press, 1974), pages 61-64. In the Winkler
climate classification system, annual heat accumulation during the
growing season, measured in annual GDDs, defines climatic regions.
One GDD accumulates for each degree Fahrenheit that a day's mean
temperature is above 50 degrees F, the minimum temperature required
for grapevine growth.
\8\ The Beverly weather station is located within the proposed
AVA. The Royal City East, Royal City West, and Royal Slope East
stations are located within the Royal Slope AVA. The Desert Aire,
Mattawa, and Wahluke Slope stations are located within the Wahluke
Slope AVA.
Table 1--2015-2018 Temperature Data
[Degrees fahrenheit]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average growing season temperature Average maximum temperature Growing degree day accumulations
Location \8\ -------------------------------------------------------------------------------------------------------------------
2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
Beverly............................. 71.8 66.7 66.1 65.8 85.9 80.6 78.6 78.2 2816 3593 3514 3415
Royal City East..................... 67.0 62.8 62.5 62.8 80.4 75.1 75.4 75.8 2194 2784 2777 2817
Royal City West..................... 69.0 64.0 63.6 64.0 81.4 76.2 76.3 76.6 2461 3034 3022 3079
Royal Slope East.................... 68.5 64.0 64.0 64.2 79.3 74.2 74.5 74.5 2396 3041 3092 3099
Desert Aire......................... 71.3 67.1 66.2 66.6 84.7 79.7 79.8 79.9 2750 3669 3519 3569
Mattawa............................. 69.2 65.0 64.3 64.8 83.2 78.0 78.4 78.3 2406 3229 3148 3226
Wahluke Slope....................... 72.4 66.9 66.9 67.0 81.7 76.4 76.5 76.6 2885 3637 3667 3675
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--2015-2018 Wind Speeds
[Miles per hour]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Average wind speed Maximum wind speed
Location -------------------------------------------------------------------------------------------------------------------------------
2015 2016 2017 2018 2015 2016 2017 2018
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Beverly......................................................... 7.1 7.6 7.6 7.8 27.3 28.2 26.8 16.0
Royal City East................................................. 3.6 4.0 2.7 2.8 12.3 14.5 13.7 13.4
Royal City West................................................. 5.5 5.4 5.1 5.2 16.1 16.1 15.5 15.6
Royal Slope East................................................ 5.5 6.3 6.2 6.2 16.0 17.5 17.6 17.1
Desert Aire..................................................... 4.7 5.2 4.9 5.0 16.6 17.5 16.8 17.0
Mattawa......................................................... 4.5 5.6 5.0 5.5 16.1 18.2 16.7 18.0
Wahluke Slope................................................... 7.6 7.9 7.4 8.0 22.7 22.9 22.1 22.8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
According to the data in the tables, the proposed Wanapum Village
AVA has a higher average growing season temperature and accumulates
more GDDs than any of the weather station locations within the
established Royal Slope AVA. The weather station in the proposed AVA
also had higher average and maximum wind speeds than any station in the
Royal Slope AVA. The data suggests that temperatures in the established
Wahluke Slope AVA are more varied than in the proposed AVA, with one
station reporting very similar temperatures and GDD accumulations
(Desert Aire), one reporting slightly lower temperatures and GDD
accumulations (Mattawa), and one
[[Page 72930]]
reporting slightly warmer temperatures and GDD accumulations (Wahluke
Slope). However, the average and maximum wind speeds in the proposed
AVA are consistently higher than in the Wahluke Slope AVA, with the
exception of the 2015, 2016, and 2018 average wind speeds for the
Wahluke Slope station.
According to the petition, the warm temperatures and high GDD
accumulations within the proposed Wanapum Village AVA mean that
vineyard owners are able to plant warmer-climate cultivars that require
more heat to ripen. Additionally, cooler climate grape varietals
planted in the proposed AVA will ripen faster and accumulate more
sugars than the same varietals planted in the cooler Royal Slope AVA.
Summary of Distinguishing Features
The following table summarizes the distinguishing features of the
proposed Wanapum Village AVA and the surrounding regions.
Table 3--Summary of Distinguishing Features
------------------------------------------------------------------------
Region Description
------------------------------------------------------------------------
Proposed Wanapum Village AVA. Low, rolling hills with gentle to
moderate slopes; elevations between 515
and 950 feet; soils derived from ice-age
flood deposits of sand and gravel mixed
with wind-deposited sand; coarse-grained
soils that are excessively to somewhat
excessively well-drained; warm
temperatures and high GDD accumulations;
high average and maximum wind speeds due
to proximity to Sentinel Gap.
North and East (established Single gentle incline with elevations up
Royal Slope AVA). to 1,756 feet; finer-grained soils
formed from slackwater sediments
overlain by wind-deposited silt; lower
temperatures and GDD accumulations; less
windy.
Immediate South (Sentinel Rugged, steep-walled canyon; rubble land-
Gap). rock outcrop complex unsuitable for
viticulture.
South (established Wahluke Gently sloping incline; soils similar to
Slope AVA). those of proposed AVA; some regions have
similar wind speeds and temperatures,
while other locations have higher or
lower temperatures, GDD accumulations,
and wind speeds.
West......................... Columbia River floodplain; elevations
between 500 and 530 feet.
------------------------------------------------------------------------
Comparison of the Proposed Wanapum Village 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
GDD accumulations exceed 2,000. Annual precipitation amounts are less
than 15 inches. Elevations within the Columbia Valley AVA are below
2,000 feet.
The proposed Wanapum Village 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 annual GDD
accumulations from 2015 to 2018 did not fall below 2,800. However, the
proposed AVA does have some distinctive features, namely the soils.
Within the proposed AVA, soils are primarily formed from sand and
gravel deposited by water and are classified as sand and stony loamy
sand. By contrast, T.D. ATF-190 described the soils of the Columbia
Valley AVA as fine-grained soils derived from wind-deposited silts and
fine sand.
TTB Determination
TTB concludes that the petition to establish the 2,415-acre
``Wanapum Village'' 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
Wanapum Village 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, ``Wanapum
Village,'' 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 ``Wanapum Village'' 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, ``Wanapum Village.'' The approval of the
proposed Wanapum Village 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 Wanapum Village
AVA would not be affected by the establishment of this new AVA. If
approved, the establishment of the proposed Wanapum Village AVA would
allow vintners to use ``Wanapum Village'' 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
[[Page 72931]]
Wanapum Village 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 Wanapum Village 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 Wanapum Village 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 Wanapum Village AVA on wine labels that include the term
``Wanapum Village'' 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 methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this proposal within Docket No. TTB-
2022-0014 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
https://www.regulations.gov. A direct link to that docket is available
under Notice No. 219 on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking. Supplemental files may be attached to
comments submitted via Regulations.gov. For complete instructions on
how to use Regulations.gov, visit the site and click on the ``Help''
tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
proposal. Your comments must reference Notice No. 219 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly state if you are commenting for
yourself or on behalf of an association, business, or other entity. If
you are commenting on behalf of an entity, your comment must include
the entity's name, as well as your name and position title. If you
comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
You may also write to the TTB Administrator before the comment
closing date to ask for a public hearing. 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 and selected 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 about commenting
on this proposal or to request copies of this document, the related
petition and its supporting materials, or any 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
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866. Therefore, it requires no regulatory
assessment.
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.__ Wanapum Village.
(a) Name. The name of the viticultural area described in this
section is ``Wanapum Village''. For purposes of part 4 of this chapter,
``Wanapum Village'' is a term of viticultural significance.
(b) Approved maps. The one United States Geological Survey (USGS)
1:24,000 scale topographic map used to determine the boundary of the
viticultural area is titled Beverly, Washington (2017).
(c) Boundary. The Wanapum Village viticultural area is located in
Grant County, Washington. The boundary of the Wanapum Village
viticultural area is described as follows:
(1) The beginning point is on the Beverly map at the intersection
of State Highway 243 and southern boundary of section 34 just north of
the town of Schwana. From the beginning point, proceed northwest along
Highway 243 to its intersection with an unnamed local road on the north
side of Wanapum Village, near the center of section 21; then
(2) Proceed east in a straight line for 2,450 feet to the 600-foot
elevation contour; then
(3) Proceed southeasterly along the 600-foot elevation contour for
approximately 1,500 feet to its
[[Page 72932]]
intersection with an unnamed local road in section 22; then
(4) Proceed northeasterly along the unnamed local road for
approximately 3,000 feet to its intersection with another unnamed local
road; then
(5) Proceed north-northeast in a straight line for approximately
500 feet to the intersection of Beverly Burke Road and an unnamed local
road; then
(6) Proceed northeasterly along Beverly Burke Road to the point
where it becomes concurrent with the northern boundary of section 22,
and continue east along Beverly Burke Road to its intersection with the
eastern boundary of section 22; then
(7) Proceed south along the eastern boundary of section 22 for one
mile to its intersection with the northern boundary of section 26; then
(8) Proceed east along the northern boundary of section 26 for one
mile to its intersection with the eastern boundary of section 26; then
(9) Proceed south along the eastern boundary of section 26 to its
intersection with the 540-foot elevation contour; then
(10) Proceed southwesterly along the 540-foot elevation contour to
its intersection with the southern boundary of section 26; then
(11) Proceed west along the southern boundary of section 26 to its
intersection with the eastern boundary of section 34; then
(12) Proceed south along the eastern boundary of section 34 for 1
mile to its intersection with the southern boundary of section 34; then
(13) Proceed west along the southern boundary of section 34 for 0.5
mile to the beginning point.
Signed: November 15, 2022.
Mary G. Ryan,
Administrator.
Approved: November 16, 2022.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2022-25272 Filed 11-25-22; 8:45 am]
BILLING CODE 4810-31-P
