[Federal Register: July 17, 2006 (Volume 71, Number 136)]
[Proposed Rules]
[Page 40458-40464]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jy06-23]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 60]
RIN 1513-AB22
Proposed Establishment of the Snake River Valley Viticultural
Area (2005R-463P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
establish the 8,263-square mile ``Snake River Valley'' viticultural
area in southwestern Idaho and southeastern Oregon. 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. We invite comments on this proposed addition to our
regulations.
DATES: We must receive written comments on or before September 15,
2006.
ADDRESSES: You may send comments to any of the following addresses:
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 60, P.O. Box 14412,
Washington, DC 20044-4412.
202-927-8525 (facsimile).
nprm@ttb.gov (e-mail).
http://www.ttb.gov/alcohol/rules/index.htm. An online
comment form is posted with this notice on our Web site.
http://www.regulations.gov (Federal e-rulemaking portal;
follow instructions for submitting comments).
[[Page 40459]]
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive about this proposal by appointment at
the TTB Information Resource Center, 1310 G Street, NW., Washington, DC
20220. To make an appointment, call 202-927-2400. You may also access
copies of the notice and comments online at http://www.ttb.gov/alcohol/rules/index.htm
.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
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 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.
Snake River Valley Petition
The wine grape growers of the Snake River Valley in Idaho, the
Idaho Grape Growers and Wine Producers Commission, and the Idaho
Department of Commerce and Labor, collectively referred to as the
``petitioner,'' have submitted a petition to establish the 8,263-square
mile Snake River Valley viticultural area. The proposed viticultural
area includes Ada, Adams, Boise, Canyon, Elmore, Gem, Gooding, Jerome,
Owyhee, Payette, Twin Falls, and Washington Counties in southwestern
Idaho and Baker and Malheur Counties in southeastern Oregon. The
proposed boundary encompasses 15 wineries, 46 vineyards, and 1,107
acres of commercial vineyard production. We summarize below the
supporting evidence presented with the petition.
Name Evidence
The petitioner provided multiple sources of ``Snake River Valley''
name evidence for the proposed viticultural area. References include
winemaking and vineyards, agriculture, early regional exploration, and
other name uses.
The Fall 2001 edition of Wine Press Northwest ran an article titled
``Idaho Wineries at a Glance,'' which says, ``At first glance, the
Snake River Valley seems an idyllic place to grow grapes* * *'' and
continues to explain that most of the grapes are grown in the Snake
River Valley area west of Boise, Idaho. The February 17, 2005, edition
of Wine Press Northwest ran an article describing the Snake River
Valley as a beautiful area in southwestern Idaho. The article noted
that most of the Idaho wineries and vineyards are at elevations between
1,500 and 2,500 feet in the western portion of the Snake River Valley.
The official Web site of the State of Idaho has a link to the
history of Idaho, noting that in 1811 the Pacific Fur Company
expedition explored the Snake River Valley and discovered the Boise
Valley, which is within the boundary of the proposed viticultural area.
An undated Sunset Magazine article, ``The Snake River Valley of Idaho-
Eastern Oregon,'' discusses the significant agricultural production in
the Snake River Valley of Idaho and eastern Oregon.
The USGS maps used to identify the proposed Snake River Valley
viticultural area prominently identify the Snake River at the low
elevations of the proposed viticultural area. The American Automobile
Association Western States/Provinces map, dated February 2003 through
May 2005, shows the Snake River flowing from its headwaters in Wyoming,
through Utah, Idaho, and Oregon, and into Washington to where it joins
the Columbia River near Pasco and Kennewick.
Boundary Evidence
The proposed Snake River Valley viticultural area covers portions
of southwestern Idaho and southeastern Oregon. The basis for the
proposed boundaries, the petitioner explains, is the extent of ancient
Lake Idaho, a deep lake that filled the western part of the Snake River
Valley approximately 4 million years ago. The proposed boundary line,
with a maximum elevation of 1,040 meters, or 3,412 feet, surrounds the
now dry, ancient Lake Idaho at the highest elevation conducive to
viticulture, according to the petitioner.
The Snake River Plain, a crescent-shaped belt of lava and sediment
ranging from 40 to 62 miles wide, extends about 372 miles in length
across southern Idaho, according to the petitioner. The geology of the
western portion of the Snake River Plain, the petitioner continues, has
lower elevations and a rift-bounded basin, which contrast to the higher
elevations of the eastern section of the Snake River Plain. Also, the
colder and drier climate
[[Page 40460]]
of the eastern area is not conducive to successful viticulture,
according to the petitioner, unlike the warmer weather and lower
elevations of ancient Lake Idaho.
An April 21, 1997, article, ``Hydrogeologic Framework of the Boise
Valley of Southwest Idaho,'' by Spencer H. Wood, Department of
Geosciences, Boise State University, describes the Snake River Plain as
a great geologic bathtub with layers of mud sediment and interconnected
layers of sand. The depth of the basin plain averages 3,500 feet but
extends to 6,000 feet, according to the article. Also, in prehistoric
times the ancient Lake Idaho was, in places, 800 feet deep and covered
5,000 square miles. In modern times this region is a flat, semiarid
plain that is irrigated for agriculture with water from the Boise River
and with ground water, according to the article.
Distinguishing Features
The proposed Snake River Valley viticultural area, the petitioner
explains, includes a series of distinguishing features. Its topography
includes elevations lower than the surrounding areas and a fault-
bounded, rift basin geography, according to the petitioner. Also, the
area is primarily underlain by sedimentary rock. The comparatively warm
climate of the proposed Snake River Valley viticultural area, the
petitioner adds, creates better grape-growing conditions than those in
the surrounding higher elevations and the Snake River Valley in eastern
Idaho.
Geology
The geologic history of the proposed Snake River Valley
viticultural area, the petitioner states, includes flood basalts,
northwest-trending structures, loess mantles, and outburst floods. The
ancient Lake Idaho, according to the petitioner, extends 149 miles
northwest to southeast, from the Oregon-Idaho State line to west of
Twin Falls, Idaho, as a system of lakes and flood plains.
North of the proposed Snake River Valley viticultural area boundary
line, the petitioner explains, are Cretaceous granites of the Idaho
Batholith, Eocene volcanoes, older sedimentary rocks, and volcanic
flows. Also, to the south of the proposed boundary line, volcanic rocks
overlie the southern extension of the granite basement.
Regional Summary
The petitioner includes a map of the Snake River Plain Aquifer
System and information modified from the ``Ground Water Atlas of the
United States: Idaho, Oregon, Washington, U.S. Geological Survey
Hydrologic Atlas HA 730-H, 1994.'' The map shows that the Western
Plain, which is within the proposed Snake River Valley viticultural
area, is underlain by aquifers in basaltic rock but mainly in
unconsolidated (sedimentary) deposits. In contrast, the Eastern Plain,
to the east of the proposed Snake River Valley viticultural area, is
underlain predominantly by aquifers in Pliocene and younger basaltic
rocks.
The petitioner includes a second map that documents the
distribution of rock types in the Pacific Northwest States, based on
information taken from the same USGS Hydrologic Atlas noted above. The
proposed Snake River Valley viticultural area, according to the map, is
underlain primarily by sedimentary rocks, distinguishing the area from
basaltic and other igneous rocks in the surrounding regions.
Geography
Physical Features: The petitioner describes the ancient Lake Idaho
as the physical focus and an important distinguishing feature of the
proposed Snake River Valley viticultural area. Historically, the
ancient Lake Idaho, the petitioner continues, was a trough-like
structure of lakes. The proposed Snake River Valley viticultural area
boundary encircles the now dry, ancient Lake Idaho, a low elevation,
fault-bounded, rift basin with a relatively flat, sedimentary bottom,
according to the petitioner. The surrounding areas, beyond the proposed
boundary, have a mountainous topography with generally higher
elevations.
Elevation: Low elevation, between 660 and 1,040 meters, or 2,165
and 3,412 feet, when compared to the surrounding mountains and the
eastern portion of the Snake River Valley, is a significant
distinguishing feature of the proposed Snake River Valley viticultural
area, as shown on the USGS maps and described by the petitioner. Oxbow
Dam, along the Snake River in Adams County, Idaho, lies at an elevation
of 660 meters, or 2,165 feet, the petitioner explains, but the
encircling proposed viticultural area boundary line generally adheres
to an elevation of 1,040 meters, or 3,412 feet, according to the
boundary outlined in the petition. The proposed boundary line deviates
from its prescribed 1,040-meter elevation twice at the northernmost
boundary on the McCall map and again along the western boundary of the
Vale map. The petitioner explains that the 1,040-meter contour line,
past the boundaries of the McCall and Vale maps, continues into regions
not associated with the Snake River Valley or with viticulture. The
region's viticulture, according to the petitioner, is successful
between elevations of 664 and 950 meters, or 2,180 and 3,117 feet.
Mountains surrounding the western Snake River Valley region exceed
7,000 feet in elevation, especially to the east of the proposed
viticultural area boundary line in the Boise National Forest, as shown
on the Idaho City, Idaho, USGS map. The City of Twin Falls, Idaho,
about 2\1/2\ miles southeast of the proposed Snake River Valley
viticultural area's eastern boundary line, as shown on the USGS Twin
Falls, Idaho, map, lies at an elevation of 3,729 feet, or about 320
feet above the proposed viticultural area boundary line.
The petitioner provides three topographic profiles of the proposed
Snake River Valley viticultural area drawn from various points of the
compass. The three profiles include (1) California Mountain, Oregon, to
Bruneau, Idaho, (2) Oreana, Idaho, to Danskin Peak, Idaho, and (3)
Marsing, Idaho, to Emmett, Idaho. The profiles show the lower
elevations of the ancient Lake Idaho basin in comparison to the
surrounding higher mountain elevations beyond the proposed viticultural
area boundary line. Payette, Idaho, is at an elevation of about 2,300
feet in the basin, but California Mountain, Oregon, reaches a height of
approximately 5,150 feet, significantly higher than the proposed
viticultural area boundary line.
Soils
The petitioner describes the soils of the proposed Snake River
Valley viticultural area as being diverse and not a distinguishing
feature, the soils having developed in various parent material, during
various time frames, and under varying climatic conditions. The soils
are broadly classified as Aridsols, the petitioner adds, and no single
soil series or association is dominant.
Vineyards within the proposed Snake River Valley viticultural area
are on soils that have underlying parent material derived from
weathered sediment from the ancient Lake Idaho, according to the
petitioner. At the surface are loess, sand, and, in slack water areas,
flood-deposited silt, the petitioner explains. Typically, vineyards in
the proposed area are on very shallow soils on slopes.
Climate
The distinguishing climatic features of the proposed Snake River
Valley viticultural area, the petitioner states, include precipitation,
air temperature,
[[Page 40461]]
heat-unit accumulation, and growing season length. Climatic
contributing factors, the petitioner continues, include the following:
the region's topography, a basin depression with surrounding
mountainous terrain; the continental inland location approximately 310
miles east of the Cascade Range; and the 43 degree north latitude. The
petitioner adds that the proposed Snake River Valley viticultural area
is in a climatic transition zone with both continental and maritime
regimes. The combination of elevation and latitude of the proposed
Snake River Valley viticultural area, the petitioner continues, creates
a shorter grape-growing season than those in many other viticultural
regions in the Western United States.
Climatic data for the proposed Snake River Valley viticultural
area, often referred to as the West Snake River Valley, and for other
grape-growing districts in the Western United States are noted in the
climatic data table below.
The petitioner used online data from 1971 to 2000 compiled and
archived by the National Climatic Data Center (NCDC), National Oceanic
and Atmospheric Administration, for four areas within the proposed
Snake River Valley viticultural area and for three viticultural regions
outside of Idaho. The petitioner averaged the collected data for the
four Idaho weather stations listed in the climatic data table below.
The data are listed separately in the table for each station outside of
Idaho, including Umpqua Valley, Oregon; Walla Walla Valley, Washington
and Oregon; and Napa Valley, California, all of which are in
established American viticultural areas.
Elevation, Location, and Climatic Data for Four Weather Stations Within Idaho and for Three Weather Stations in Western States, Outside of Idaho
[In the column headings, Elev. (m) means elevation in meters; MAT, mean annual temperature in degrees Celsius; MAP, mean annual precipitation in
millimeters; GDD, growing (Celsius) degree-days; GSL, growing season length in days; XMT, 30-year extreme minimum temperature in degrees Celsius (with
event year); and CNT, degrees of continental influence (mean annual temperature range that increases as the coastal marine influence decreases, in
degrees Celsius)]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Weather stations in the proposed Snake Elev. MAT MAP XMT CNT
River Valley viticultural area: (m) Location (lat./long.) ([deg]C) (mm) GDD GSL 0[deg]C ([deg]C)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Parma Experiment Station, ID........... 677 43[deg]48' N./116[deg]57' W. 9.9 283 1,342 140 -32 25
(1990)
Weiser, ID............................. 722 44[deg]15' N./116[deg]58' W. 11.0 307 1,637 136 -34 27
(1990)
Deer Flat Dam, ID...................... 765 43[deg]35' N./116[deg]45' W. 11.6 258 1,626 165 -30 24
(1989)
Glenns Ferry, ID....................... 753 42[deg]56' N./115[deg]19' W. 10.5 248 1,413 125 -32 24
(1989)
Averages of above four Idaho stations 729 N/A 10.8 274 1,504 142 N/A 25
in WSRV.
Other Western Viticultural Areas (Reporting
Station):
Umpqua Valley (Roseburg, OR)........... 128 43[deg]2' N./123[deg]36' W. 13.0 855 1,484 218 3 15
(1989)
Walla Walla Valley (Walla Walla, WA)... 357 46[deg]5' N./118[deg]28' N. 12.3 530 1,715 206 -11 23
(1985)
Napa Valley (Napa, CA)................. 18 38[deg]28' N./122[deg]27' W. 15.0 672 1,753 259 14 11
(1990)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Precipitation: The proposed Snake River Valley viticultural area is
a semiarid desert with minimal summer precipitation, the petitioner
explains. The proposed viticultural area has a mean annual
precipitation of 10 to 12 inches, the petitioner continues, occurring
mostly in winter. The low precipitation rate combines with warm weather
during the growing season, the petitioner notes, and the vineyards
therefore need irrigation.
The Idaho weather stations within the proposed Snake River Valley
viticultural area, according to the petitioner, receive about half the
annual precipitation of the weather stations at Umpqua Valley, Oregon;
Walla Walla Valley, Washington and Oregon; and Napa Valley, California.
The petitioner explains that the lower annual precipitation of the
proposed Snake River Valley viticultural area may be partially due to
the rain shadows of the Cascade, Sierra Nevada, and Owyhee mountain
ranges.
Temperature: The proposed Snake River Valley viticultural area's
mean annual temperature, based on an average of the four Idaho stations
monitored, is 51 degrees F, or 10.8 degrees C, according to the NCDC
data. The midwinter mean temperatures are below 0 degrees C for several
months, and potential vineyard damage is a hazard, the petitioner
explains. The California, Oregon, and Washington weather stations
listed in the climatic data table above have warmer average
temperatures in winter. The differences in the extreme winter
temperatures and the mean annual temperature ranges between the
proposed Snake River Valley viticultural area and the three weather
stations monitored in California, Oregon, and Washington and Oregon
show significant variations in viticultural growing conditions.
The petitioner explains that the difference in winter temperatures
between the colder proposed Snake River Valley viticultural area and
the stations at Umpqua Valley, Oregon; and Walla Walla Valley,
Washington and Oregon; and Napa Valley, California, results, to a great
extent, from the higher elevation of the proposed viticultural area,
which is between 660 and 1,040 meters, or 2,165 and 3,412 feet.
Elevations of the other stations are Umpqua Valley, about 460 feet;
Walla Walla Valley, 1,200 feet; and Napa Valley, 40 feet.
Regarding the seven weather stations, four in Idaho and three in
other Western States, distances from the Pacific Ocean affect the
amount of moderating, marine air temperatures they receive. Oceans tend
to moderate air temperatures over land; hence, a wider annual
temperature range indicates a greater degree of continental influence,
or distance from an ocean. The proposed Snake River
[[Page 40462]]
Valley viticultural area and the Walla Walla Valley both have, as a
measure of continental influence, mean annual temperature ranges of
about 25 degrees C. In comparison, the Umpqua Valley and the Napa
Valley, both of which are closer to the Pacific Ocean and are at low
elevations, have a smaller mean annual temperature range--about 15
degrees C.
The temperatures of the proposed Snake River Valley viticultural
area, according to the petitioner, rise rapidly during the growing
season, from June through August. The Umpqua Valley in Oregon and the
proposed Snake River Valley viticultural area have similar, annual,
total growing degree-days, as shown in the climatic data table above;
but, they have between 200 and 250 fewer heat units than the Walla
Walla Valley, Washington and Oregon, and the Napa Valley, California.
Each degree that a day's mean temperature is above 50 degrees F, which
is the minimum temperature required for grapevine growth, is counted as
1 degree-day (see ``General Viticulture,'' Albert J. Winkler,
University of California Press, 1975).
The proposed Snake River Valley viticultural area growing season
length correlates to the frost-free period from about May 10 to
September 29 annually, according to the petitioner. The total
measurement of annual viticultural growth is between 64 and 117 days
less than in the Walla Walla Valley, Washington and Oregon; Umpqua
Valley, Oregon; and Napa Valley, California, viticultural areas.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the proposed 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. If we establish this proposed viticultural area, its
name, ``Snake River Valley'', will be recognized under 27 CFR
4.39(i)(3) as a name of viticultural significance. The text of the new
regulation would clarify this point. Consequently, wine bottlers using
``Snake River Valley'' in a brand name, including a trademark, or in
another label reference as to the origin of the wine, will have to
ensure that the product is eligible to use the viticultural area's name
as an appellation of origin. On the other hand, we do not believe that
any single part of the proposed viticultural area name standing alone,
such as ``Snake'' or ``Snake River'', would have viticultural
significance if the new area is established. Accordingly, the proposed
part 9 regulatory text set forth in this document specifies only the
full ``Snake River Valley'' name as a term of viticultural significance
for purposes of part 4 of the TTB regulations.
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 wine must be derived from grapes 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 term as an appellation of origin and
that name or 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 term appears in another reference on the label in a misleading
manner, the bottler would have to obtain approval of a new label.
Accordingly, if a new label or a previously approved label uses the
name ``Snake River Valley'' for a wine that does not meet the 85
percent standard, the new label will not be approved, and the
previously approved label will be subject to revocation, upon the
effective date of the approval of the Snake River Valley viticultural
area.
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.
Public Participation
Comments Invited
We invite comments from interested members of the public on whether
we should establish the proposed viticultural area. We are also
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, climatic, and other required information submitted in
support of the petition. Please provide any available specific
information in support of your comments.
TTB is particularly interested in comments on the appropriateness
of the proposed east boundary line, since the Snake River Valley,
according to the Geographic Names Information System, extends into
southeastern Idaho. The petitioner explains that the region east of
Twin Falls, Idaho, is excluded, based on its being at higher elevations
and having a colder, drier winter climate that could result in severe
annual vineyard damage. The petitioner also explains that current place
name recognition for the Snake River Valley is predominantly within
southwestern Idaho and southeastern Oregon, the region of the proposed
viticultural area. In this respect, we are interested in knowing
whether an alternative name, such as West Snake River Valley, would
better meet the name-evidence requirement of 27 CFR 9.3(b).
Because of the potential impact of the establishment of the
proposed Snake River Valley viticultural area on wine labels that
include the words ``Snake River Valley'' as discussed above under
``Impact on Current Wine Labels,'' we are particularly interested in
comments regarding whether there will be a conflict between the
proposed area name and currently used brand names. If a commenter
believes that a conflict will arise, the commenter should describe the
nature of that conflict, including any negative economic impact that
approval of the proposed viticultural area will have on an existing
viticultural enterprise. We are also interested in receiving
suggestions for ways to avoid any conflicts, for example by adopting a
modified or different name for the viticultural area.
Although TTB believes that only the full ``Snake River Valley''
name should be considered to have viticultural significance upon
establishment of the proposed new viticultural area, we also invite
comments from those who believe that ``Snake'' or ``Snake River''
standing alone would have viticultural significance upon establishment
of the area. Comments in this regard should include documentation or
other information supporting the conclusion that use of ``Snake'' or
``Snake River'' on a wine label could cause consumers and vintners to
attribute to the wine in question the quality, reputation, or other
characteristic of wine made from grapes grown in the proposed Snake
River Valley viticultural area.
Submitting Comments
Please submit your comments by the closing date shown above in this
notice. Your comments must include this notice number and your name and
mailing address. Your comments must be legible and written in language
acceptable for public disclosure. We do not acknowledge receipt of
comments, and we consider all comments as originals. You may submit
comments in one of five ways:
[[Page 40463]]
Mail: You may send written comments to TTB at the address
listed in the ADDRESSES section.
Facsimile: You may submit comments by facsimile
transmission to 202-927-8525. Faxed comments must--
(1) Be on 8.5- by 11-inch paper;
(2) Contain a legible, written signature; and
(3) Be no more than five pages long. This limitation assures
electronic access to our equipment. We will not accept faxed comments
that exceed five pages.
E-mail: You may e-mail comments to nprm@ttb.gov. Comments
transmitted by electronic mail must--
(1) Contain your e-mail address;
(2) Reference this notice number on the subject line; and
(3) Be legible when printed on 8.5- by 11-inch paper.
Online form: We provide a comment form with the online
copy of this notice on our Web site at http://www.ttb.gov/alcohol/rules/index.htm.
Select the ``Send comments via e-mail'' link under
this notice number.
Federal e-rulemaking portal: To submit comments to us via
the Federal e-rulemaking portal, visit http://www.regulations.gov and
follow the instructions for submitting comments.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted material is part of the public record and subject to
disclosure. Do not enclose any material in your comments that you
consider confidential or inappropriate for public disclosure.
Public Disclosure
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive by appointment at the TTB Information
Resource Center at 1310 G Street, NW., Washington, DC 20220. You may
also obtain copies at 20 cents per 8.5- by 11-inch page. Contact our
information specialist at the above address or by telephone at 202-927-
2400 to schedule an appointment or to request copies of comments.
For your convenience, we will post this notice and any comments we
receive on this proposal on the TTB Web site. We may omit voluminous
attachments or material that we consider unsuitable for posting. In all
cases, the full comment will be available in the TTB Information
Resource Center. To access the online copy of this notice and the
submitted comments, visit http://www.ttb.gov/alcohol/rules/index.htm.
Select the ``View Comments'' link under this notice number to view the
posted comments.
Regulatory Flexibility Act
We certify 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, 58 FR 51735. Therefore, it requires
no regulatory assessment.
Drafting Information
N.A. Sutton of the Regulations and Rulings Division drafted this
notice.
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 1, 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 a new Sec. 9.---- to read as
follows:
Sec. 9. Snake River Valley.
(a) Name. The name of the viticultural area described in this
section is ``Snake River Valley''. For purposes of part 4 of this
chapter, ``Snake River Valley'' is a term of viticultural significance.
(b) Approved maps. The appropriate maps for determining the
boundary of the Snake River Valley viticultural area are 14 United
States Geological Survey 1:100,000 scale, metric topographic maps. They
are titled, (1) Baker, Oregon-Idaho, 1981;
(2) McCall, Idaho-Oregon, 1980, Photoinspected 1990;
(3) Weiser, Idaho-Oregon, 1980, Photoinspected 1990;
(4) Boise, Idaho-Oregon, 1981;
(5) Idaho City, Idaho, 1982;
(6) Murphy, Idaho, 1986;
(7) Mountain Home, Idaho, 1990;
(8) Fairfield, Idaho, 1978;
(9) Twin Falls, Idaho, 1979;
(10) Glenns Ferry, Idaho, 1992;
(11) Triangle, Idaho, 1990;
(12) Mahogany Mountain, Idaho, 1978;
(13) Vale, Oregon-Idaho; 1993; and
(14) Brogan, Oregon-Idaho, 1980
(c) Boundary. The Snake River Valley viticultural area is located
in Ada, Adams, Boise, Canyon, Elmore, Gem, Gooding, Jerome, Owyhee,
Payette, Twin Falls, and Washington Counties in southwestern Idaho and
in Baker and Malheur Counties in southeastern Oregon. The boundary of
the Snake River Valley viticultural area is as described below:
(1) The beginning point is on the Baker map in Oregon at the
intersection of the 1,040-meter contour line and Interstate 84, between
Pleasant Valley and Oxman in Baker County, T10S/R42E;
(2) From the beginning point proceed east following the 1,040-meter
contour line along the eastern side of the Burnt River Valley, then
crossing over to the Brogan map, proceed northerly along the western
side of the Snake River Valley and, crossing back over to the Baker
map, proceed westerly along the southern side of the Powder River
Valley to the 1,040-meter contour line's intersection with the northern
boundary of Baker County, T7S/R40E, on the Baker map;
(3) Proceed 7.5 miles straight east along the northern boundary of
Baker County to its intersection with the 1,040-meter line east of
Oregon State Road 203 and three unnamed creeks, T7S/R41E, on the Baker
map;
(4) Proceed generally southeast along the 1,040-meter contour line
onto the McCall map, to its intersection with the 45 degree north
latitude, to the immediate west of North Creek in the Hell's Canyon
National Recreation Area, T6S/R47E, on the northern border of the
McCall map;
(5) Proceed straight east along the 45 degree north latitude to its
intersection with the 1,040-meter contour line, to the immediate east
of North Creek, T6S/R47E, on the McCall map;
(6) Follow the 1,040-meter contour line, which encircles the
northern portion of McLain Gulch, to its second intersection with the
45 degree north longitude, west of the Snake River in Baker County,
Oregon, T6S/R48E, on the McCall map;
(7) Proceed straight east along the 45 degree north latitude to its
intersection
[[Page 40464]]
with the 1,040-meter contour line, to east of the Snake River and
Indian Creek in Adams County, Idaho, T6S/R48W, on the McCall map;
(8) Continue following the 1,040-meter contour line in a clockwise
rotation on the McCall map, proceeding southerly on the southeast side
of the Snake River, northeasterly north of the Crooked River, crossing
the Crooked River, T7S/R3W, proceeding southwesterly south of the
Crooked River, crossing Brownlee Creek, T16N/R4W, proceeding generally
southwesterly onto the Baker map, continuing southwesterly, crossing
Sturgill Creek, T15N/R6W, and Dennett Creek, T14N/R6W, proceeding onto
the Brogan map, proceeding southeasterly, crossing Rock Creek, T13N/
R6W, proceeding onto the Weiser map, proceeding northeasterly, north of
the Mann Creek State Recreation Area, crossing Mann Creek, T13N/R5W,
continuing northeasterly onto the McCall map;
(9) Continue following the 1,040-meter contour line in a clockwise
rotation on the McCall map, proceeding northeasterly, crossing Pine
Creek, T15N/R4W, and Hornet Creek, T8S/R2W, passing west of the Payette
National Forest, proceeding southerly, passing east of Mesa, onto the
Weiser map, proceeding southerly, crossing Crane Creek, T12N/R1W,
turning westerly, rounding north of the Paddock Valley Reservoir,
crossing Willow Creek, T9N/R1W, turning southerly onto the Boise map,
looping southerly and northerly north of the Black Canyon Reservoir and
moving back onto the Weiser map;
(10) Continue following the 1,040-meter contour line in a clockwise
rotation on the Weiser map, proceeding northerly, crossing Squaw Creek,
T12N/R1E, and then southerly, crossing Cottonweed Creek, T11N/R1E, and
then southerly again onto the Boise map, rounding south of South
Mountain, back onto the Weiser map, proceeding northeasterly north of
the Payette River, crossing the North Fork Payette River, T10N/R3E,
then proceeding southwesterly south of the Payette River, onto the
Boise map, proceeding generally southerly, crossing Cartwright Creek,
T6N/R2E, and proceeding westerly and southeasterly towards Lucky Peak
Lake, and then turning northward onto the Idaho City map;
(11) Continue following the 1,040-meter contour line in a clockwise
rotation on the Idaho City map, proceeding northerly, crossing Grimes
and Mores Creek, T5N/R4E, and then proceeding southerly to Lucky Peak
Lake, turning northeasterly north of the Lucky Peak Lake, Arrowrock
Reservoir, and Middle Fork Boise River to T4N/R7E, crossing the Middle
Fork Boise River and proceeding southwesterly south of the Middle Fork
Boise River, to the South Fork Boise River, crossing the South Fork
Boise River, T2N/R6E, proceeding onto the Boise map proceeding
southwesterly south of Lucky Peak Lake onto the Murphy map;
(12) Continue following the 1,040-meter contour line in a clockwise
rotation southeasterly on the Murphy map to the Mountain Home map,
proceeding southeasterly, crossing Canyon Creek, passing north of
Mountain Home Reservoir, crossing King Hill Creek, onto the Fairfield
map, proceeding easterly, crossing Clover Creek, T4S/R13E, proceeding
southerly onto the Twin Falls map;
(13) Continue following the 1,040-meter contour line in a clockwise
rotation on the Twin Falls map, proceeding southeasterly to the Snake
River, T9S/R14E, following north of the Snake River and crossing at
T10S/R18E, northeast of Twin Falls, proceeding westerly south of the
Snake River to the Salmon River, following east of the Salmon River and
crossing at T10S/R13E, proceeding northerly west of the Salmon River
and the Hagerman Wildlife Management Area, proceeding west onto the
Glenns Ferry map;
(14) Continue following the 1,040-meter contour line in a clockwise
rotation on the Glenns Ferry map, proceeding generally west to Rosevear
Gulch, turning south between Rosevear Gulch and Pilgrim Gulch, near
Deadman Creek, heading northwesterly, continuing through the Bruneau
Desert, crossing Hole Creek in Pot Canyon and proceeding to Bruneau
Canyon, proceeding southeasterly east of Bruneau Canyon, crossing
Bruneau Canyon, T10S/R7E, proceeding west of Bruneau Canyon then west
onto the Triangle map;
(15) Continue following the 1,040-meter contour line in a clockwise
rotation on the Triangle map, heading northwesterly, crossing Shoofly
Creek and Alder Creek, T6S/R1W, onto the Murphy map, continuing
northwesterly to Sinker Creek, crossing Sinker Creek, T4S/R2W,
continuing northwesterly to Jump Creek, crossing Jump Creek, T1N/R5W,
proceeding northwesterly onto the Boise map, crossing its southwestern
corner, T2N/R5W, onto the Mahogany Mountain map;
(16) Continue following the 1,040-meter contour line in a clockwise
rotation onto the Mahogany Mountain map, proceeding westerly onto the
Vale map, generally northwesterly then southwesterly onto the Mahogany
Mountain map, proceeding southwest, west, and generally north onto the
Vale map, passing through Succor Creek State Recreational Area,
returning to the Mahogany Mountain map, and, passing east of McIntyre
Ridge, crossing Succor Creek, T1N/R46E, proceeding northerly back onto
the Vale map;
(17) Continue following the 1,040-meter contour line in a clockwise
rotation on the Vale map, proceeding northerly east of Owyhee Ridge and
Long Draw to north of Lake Owyhee, southwesterly and southerly south of
Lake Owyhee onto the Mahogany Mountain map, southwesterly south of Lake
Owyhee, the Owyhee River, and Owyhee Canyon, crossing Owyhee Canyon at
T29S/R41E, proceeding northerly west of Owyhee Canyon, northeasterly
west of Owyhee River and Owyhee Reservoir, and northerly onto the Vale
map;
(18) Continue following the 1,040-meter contour line in a clockwise
rotation on the Vale map, proceeding generally northerly to T20S/R42E,
southwesterly east of Cottonwood Creek, crossing Cottonwood Creek,
T22S/R40E, proceeding north to the Malheur River, following the Malheur
River westerly to the intersection of the 1,040-meter contour line and
the 118 degree longitude in Malheur County, Oregon, T21S/R38E, on the
western border of the Vale map;
(19) Proceed straight north along the 118 degree longitude to its
intersection with the 1,040 meter contour line, north of the Malheur
River, T20S/R38E, proceeding easterly north of the Malheur River to Hog
Creek, crossing Hog Creek, T20S/R40E, and proceeding northerly on the
Vale map;
(20) Continue following the 1,040-meter contour line in a clockwise
rotation, crossing onto the Brogan map, proceeding easterly, northerly,
and westerly to and around Malheur Reservoir, T14S/R41E, proceeding
easterly to Cottonwood Gulch then northerly to Dixie Creek, crossing
Dixie Creek, T12S/RR41E, proceeding easterly and northerly onto the
Baker map;
(21) Continue following the 1,040-meter contour line in a clockwise
rotation on the Baker map, proceeding westerly south of the Burnt
River, crossing the Burnt River, T10S/R41E, proceeding easterly north
of the Burnt River to Gravel Pits, then northerly, returning to the
beginning point.
Signed: June 29, 2006.
John J. Manfreda,
Administrator.
[FR Doc. E6-11078 Filed 7-14-06; 8:45 am]
BILLING CODE 4810-31-P