[Federal Register: December 7, 2005 (Volume 70, Number 234)]
[Rules and Regulations]
[Page 72707-72710]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de05-5]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-40; Re: Notice No. 46]
RIN 1513-AB01
Establishment of the Wahluke Slope Viticultural Area (2005R-026P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision establishes the Wahluke Slope
viticultural area in Grant County, Washington. We designate
viticultural areas to allow vintners to better describe the origin of
their wines and to allow consumers to better identify wines they may
purchase.
EFFECTIVE DATE: January 6, 2006.
FOR FURTHER INFORMATION CONTACT: N. A. Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St.,
No. 158, Petaluma, CA 94952; telephone 415-271-1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide consumers with adequate information regarding product identity
and prohibits the use of misleading information on those labels. The
FAA Act also authorizes the Secretary of the Treasury to issue
regulations to carry out its provisions. The Alcohol and Tobacco Tax
and Trade Bureau (TTB) administers these regulations.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and 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) contains
the list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries
of which have been recognized and defined 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
[[Page 72708]]
geographical origin. The establishment of viticultural areas allows
vintners to describe more accurately the origin of their wines to
consumers and helps consumers to identify wines they may purchase.
Establishment of a viticultural area 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 outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.3(b) of the TTB regulations requires
the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, soils, elevation, and physical features, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
Wahluke Slope Petition and Rulemaking
General Background
The Wahluke Slope Wine Grape Growers Association, represented by
Alan J. Busacca, Ph.D., proposed the establishment of the 81,000-acre
Wahluke Slope viticultural area. Located in southern Grant County in
eastern Washington State, the Wahluke Slope area is approximately 145
miles southeast of Seattle and immediately north of the Hanford
Reservation of the United States Department of Energy (USDOE). The
proposed Wahluke Slope area is also entirely within the existing
Columbia Valley viticultural area (27 CFR 9.74).
The major distinguishing features of the proposed Wahluke Slope
viticultural area include its single landform and geographic isolation,
distinctive soil patterns, and unique climatic characteristics. We
summarize below the evidence submitted in support of the petition.
Name Evidence
The eight USGS quadrangle maps used to describe the boundary of the
proposed viticultural area label the region within the proposed area
and the nearby Hanford Reservation as ``Wahluke Slope.'' Several
commercial maps also label this region of southern Grant County as
Wahluke Slope.
The 2002 Washington Wine Grape Acreage Survey, compiled by the
Washington Agricultural Statistics Service, identifies the Wahluke
Slope area within the larger Columbia Valley viticultural area. Also,
the April 19, 1999, edition of the ``Hanford Reach,'' a USDOE
publication, states that the Secretary of Energy proposed to preserve a
portion of the Wahluke Slope area along the Columbia River. A Grant
County tourism press release dated March 24, 2004, describes the
scenery and recreational opportunities in the Wahluke Slope area.
Boundary Evidence
The Wahluke Slope sits on a mega alluvial plain, also known as an
alluvial fan. The proposed boundary line encompasses the entire portion
of the mega fan potentially available for vineyard development,
including all land held in private ownership and small amounts of
government-owned land. Also, the Wahluke Slope area is an isolated
island of wine grape production, with no known vineyards within five
miles, in any direction, beyond the proposed boundary line.
Generally, lands to the east, south, and west of the proposed
Wahluke Slope area's boundary line are Federal-owned or State-owned
property, as noted on USGS maps of the area. To the north, the Saddle
Mountains flank the proposed area's 1,480-foot boundary line.
To the southeast of the proposed Wahluke Slope viticultural area,
the land has a high water table, cold air pockets, and frost, which
create an environment unsuitable for vineyard production. To the south
of the proposed boundary is the Hanford Reservation. The classified
activities and history of this USDOE reservation make it unsuitable for
agricultural development. To the west of the Wahluke Slope area, and
across the Columbia River, are steeply sloping, rugged canyons. The
soils there are shallow, stony, and unsuitable for any crop. Also, to
the north, beyond the proposed area's 1,480-foot boundary line, the
Saddle Mountains have high elevation bedrock slopes, no irrigation
access, and non-agricultural soils.
The combination of terrain with unsuitable growing conditions and
government-owned lands surrounding the proposed Wahluke Slope
viticultural area, in conjunction with the distinguishing viticultural
features of the area, makes the proposed boundary line the most
appropriate for the proposed Wahluke Slope viticultural area.
Distinguishing Features
The Wahluke Slope region is situated on the Columbia Plateau in
eastern Washington, which is bordered by the Rocky Mountains on the
north and east, the Blue Mountains to the south, and the Cascade
Mountains to the west. The proposed Wahluke Slope viticultural area
sits on the south-facing alluvial benchlands of the Saddle Mountains.
Topography
The proposed Wahluke Slope viticultural area's elevation varies
from 425 feet along the Columbia River to 1,480 feet on the south slope
of the Saddle Mountains. Most of the proposed area's vineyards are
between 425 feet and 1,000 feet in elevation.
The proposed Wahluke Slope viticultural area is geographically
isolated from other wine production areas in the State of Washington.
Wahluke Slope is bounded by the bedrock ridge of the Saddle Mountains,
the Columbia River, and government-owned lands, providing isolation and
a separate viticultural identity.
The proposed Wahluke Slope viticultural area sits on a mega
alluvial fan, a single landform geographical area, extending 15 miles
in length. Other viticultural areas in Washington State have more
diverse and complex landforms, with the possible exception of the much
smaller Red Mountain viticultural area (27 CFR 9.167).
The south-facing Wahluke Slope landform has relatively flat
agricultural sites that allow for viticultural uniformity in plant
vigor and ripening. The mega fan eventually drops away several hundred
feet on three sides, providing good air drainage that minimizes spring
and fall freezes in the area.
Soils
Ice-age events played an important role in the formation of soils
in the proposed viticultural area. When the Lake Missoula glacial ice
dam repeatedly failed, large water floods flowed across eastern
Washington depositing gravel bars and fine-grained sandy and silty
sediments. Winds reworked the glacial sediments to form dunes of sand
and loess (the silty sediment accumulated from the fallout of dust).
These sediments range in
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thickness from a few inches to many feet deep. Soils of the proposed
Wahluke Slope viticultural area have formed predominantly from deep
wind-blown sand, averaging greater than 60 inches in depth. To a lesser
extent, some soils have formed from the wind-blown sand or silty loess
sediments of the giant glacial floods.
Wahluke Slope soils are distinctive by their uniformity over large
areas. The Quincy-Burbank-Hezel soil series, which covers more than
half the proposed viticultural area, encompasses a contiguous area of
several square miles as documented in the Soil Survey of Grant County,
Washington, (Gentry, 1984) on map sheets 163, 164, and 169. This
uniformity contrasts with the soil variability of some nearby regions,
including the Red Mountain viticultural area and the Canoe Ridge area
of the Horse Heaven Hills region. Other soils series within the
proposed boundaries documented in the Soil Survey of Grant County
include the Sagemoor-Kennewick-Warden, the Taunton-Timmerman-Quincy,
and the Scoon-Taunton-Finley series, as well as several others with
small acreages.
Wahluke Slope soils are unique with their smooth landform shape,
shallow slope angle that averages less than 8 percent, and predominant
south-facing orientation at the top of the mega alluvial fan. This
smooth landform results in consistent climate variability across the
proposed viticultural area.
Climate
The State of Washington's Public Agricultural Weather System (PAWS)
Web site provides the statistics used in the Wahluke Slope viticultural
area petition. Climatic information for the petition generally spans 10
years--1994 through 2003--as available.
Precipitation in the proposed Wahluke Slope viticultural area
averages 5.9 inches annually, making it the driest area in that region
of eastern Washington, according to PAWS. Also, the proposed area has
the lowest harvest rainfall average for the weather stations compared.
The viticultural advantages include irrigation control during the
growing season and low potential for harmful rainfall at harvest.
Pan evapotranspiration (Etp) in the Wahluke Slope area ranks first
among the nine PAWS stations cited. Photosynthesis and transpiration,
which are key factors in grape production, are the highest in the
Wahluke Slope area as compared to other selected stations in
Washington.
Wahluke Slope averages 3,013 degree-days of heat accumulation
annually. Each degree that a day's mean temperature is above 50 degrees
Fahrenheit, which is the minimum temperature required for grapevine
growth, is counted as one degree-day (see ``General Viticulture,''
Albert J. Winkler, University of California Press, 1975). In addition,
the Wahluke Slope region ranks third highest in mean maximum
temperature, mean annual temperature, and solar radiation, according to
PAWS data. These temperatures confirm Wahluke Slope as a grape-growing
hot spot within Washington State.
Finally, Wahluke Slope is the third windiest site evaluated, which
affects grape plant growth, causing shorter shoot length, smaller leaf
size, and fewer and smaller grape clusters.
Notice of Proposed Rulemaking and Comments Received
On May 19, 2005, TTB published a notice of proposed rulemaking
regarding the establishment of the Wahluke Slope viticultural area in
the Federal Register (70 FR 28861) as Notice No. 46. In that notice,
TTB requested comments by July 18, 2005, from all interested persons.
TTB received one comment in response. This comment strongly supports
the establishment of the Wahluke Slope viticultural area.
TTB Finding
After review of the petition and the comment received, TTB finds
that the evidence submitted supports the establishment of the proposed
viticultural area. Therefore, under the authority of the Federal
Alcohol Administration Act and part 4 of our regulations, we establish
the ``Wahluke Slope'' viticultural area in Grant County, Washington,
effective 30-days from this document's publication date.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. With the establishment of this viticultural area and
its inclusion in part 9 of the TTB regulations, its name, ``Wahluke
Slope,'' is recognized as a name of viticultural significance. In
addition, with the establishment of the Wahluke Slope viticultural
area, the name ``Wahluke'' standing alone will be considered a term of
viticultural significance because consumers and vintners could
reasonably attribute the quality, reputation, or other characteristic
of wine made from grapes grown in the Wahluke Slope viticultural area
to the name Wahluke itself. Consequently, wine bottlers using ``Wahluke
Slope'' or ``Wahluke'' in a brand name, including a trademark, or in
another label reference as to the origin of the wine, must ensure that
the product is eligible to use the viticultural area's name as an
appellation of origin.
For a wine to be eligible to use as an appellation of origin, a
viticultural area name or other term specified as being viticulturally
significant in part 9 of the TTB regulations, at least 85 percent of
the grapes used to make the wine must have been grown within the area
represented by that name or other term, and the wine must meet the
other conditions listed in 27 CFR 4.25(e)(3). If the wine is not
eligible to use the viticultural area name or other viticulturally
significant term as an appellation of origin and that name or other
term 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 viticultural area name or other viticulturally
significant term 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 a
viticultural area 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.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is 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 rule is not a significant regulatory action as defined by
Executive Order 12866 (58 FR 51735). Therefore, it requires no
regulatory assessment.
[[Page 72710]]
Drafting Information
Nancy Sutton of the Regulations and Rulings Division drafted this
document.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1,
part 9, 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. Amend subpart C by adding Sec. 9.192 to read as follows:
Sec. 9.192 Wahluke Slope.
(a) Name. The name of the viticultural area described in this
section is ``Wahluke Slope''. For purposes of part 4 of this chapter,
``Wahluke Slope'' and ``Wahluke'' are terms of viticultural
significance.
(b) Approved Maps. The appropriate maps for determining the
boundary of the Wahluke Slope viticultural area are eight United States
Geological Survey 1:24,000 scale topographic maps. They are titled:
(1) Beverly Quadrangle, Washington, 1965;
(2) Beverly SE Quadrangle, Washington--Grant Co., 1965;
(3) Smyrna Quadrangle, Washington--Grant Co., Provisional Edition
1986;
(4) Wahatis Peak Quadrangle, Washington--Grant Co., Provisional
Edition 1986;
(5) Coyote Rapids Quadrangle, Washington, Provisional Edition 1986;
(6) Vernita Bridge Quadrangle, Washington, Provisional Edition
1986;
(7) Priest Rapids NE Quadrangle, Washington, Provisional Edition
1986; and
(8) Priest Rapids Quadrangle, Washington, 1948; photo revised 1978.
(c) Boundary. The Wahluke Slope viticultural area is located in
Grant County, Washington. The boundary of the Wahluke Slope
viticultural area is as described below:
(1) The beginning point is at the northwest corner of the
viticultural area where the east bank of the Columbia River intersects
the north boundary line of section 22, T15N/R23E, on the Beverly map;
then
(2) From the beginning point proceed straight east 1.5 miles to the
intersection of the section 23 north boundary line and the 1,480-foot
elevation line, T15N/R23E, Beverly map; then
(3) Proceed generally east along the meandering 1,480-foot
elevation line, crossing the Beverly map, the Beverly SE map, and the
Smyrna map, and continue onto the Wahatis Peak map to the intersection
of the 1,480-foot elevation line and the eastern boundary line of
section 15, which forms a portion of the boundary line of the Hanford
Site, T15N/R26E, Wahatis Peak map; then
(4) Proceed generally southwest along the Hanford Site boundary in
a series of 90 degree angles, crossing the Wahatis map, the Coyote
Rapids map in section 36, T15N/R25E, and the Vernita Bridge map, and
continue onto the Priest Rapids NE map to the intersection of the
Hanford Site boundary and the north bank of the Columbia River, section
10, T13N/R24E, Priest Rapids NE map; then
(5) Proceed generally west along the north bank of the Columbia
River, crossing onto the Priest Rapids map and, turning north-
northwest, continue along the river bank and, crossing onto the Beverly
map, return to the beginning point.
Signed: September 29, 2005.
John J. Manfreda,
Administrator.
Approved: November 3, 2005.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 05-23679 Filed 12-6-05; 8:45 am]
BILLING CODE 4810-31-P