[Federal Register: March 9, 2007 (Volume 72, Number 46)]
[Rules and Regulations]
[Page 10598-10603]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09mr07-7]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-59; Re: Notice No. 60]
RIN 1513-AB22
Establishment of the Snake River Valley Viticultural Area (2005R-
463P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision establishes 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.
EFFECTIVE DATE: April 9, 2007.
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; phone 415-271-1254.
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
regulations promulgated under the FAA Act.
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, elevation, physical features, and soils, 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 Viticultural Area
Background
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,'' 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 states, ``At first glance, the
Snake River Valley seems an idyllic place to grow grapes
[[Page 10599]]
* * *'' 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 show 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 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,
according to the petitioner, the colder and drier climate of the
eastern area is not conducive to successful viticulture, 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. According to the article, the depth of the basin plain
averages 3,500 feet but extends to 6,000 feet. Also, in prehistoric
times ancient Lake Idaho was 800 feet deep in places and covered 5,000
square miles. Today, 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 includes a series
of distinguishing features. According to the petitioner its topography
includes elevations lower than the surrounding areas and a fault-
bounded, rift basin geography. Also, the area is primarily underlain by
sedimentary rock. The comparatively warm climate of the proposed Snake
River Valley viticultural area creates better grape-growing conditions
than those in the surrounding higher elevations and the Snake River
Valley in eastern Idaho.
Geology
The petitioner states that the geologic history of the proposed
Snake River Valley viticultural area includes flood basalts, northwest-
trending structures, loess mantles, and outburst floods. The ancient
Lake Idaho extends 149 miles northwest to southeast as a system of
lakes and flood plains, from the Oregon-Idaho State line to west of
Twin Falls, Idaho.
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. 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 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. 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, 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.
[[Page 10600]]
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 higher than the elevation of 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, because the soils have developed in various parent materials,
during various time frames, and under varying climatic conditions. The
soils are broadly classified as Aridisols, 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. 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, heat-unit accumulation, and growing season length. The
factors affecting climate, the petitioner continues, include 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 line. 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 from four weather stations in the West Snake River
Valley (WSRV) 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 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).]
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Weather stations in the proposed Snake Elev. MAT XMT CNT
River Valley viticultural area (m) Location (lat./long.) ([deg]C) MAP (mm) GDD GSL ([deg]C) ([deg]C)
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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 in 729 N/A........................... 10.8 274 1,504 142 N/A 25
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)
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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
[[Page 10601]]
inches, occurring mostly in winter. The low precipitation rate combines
with warm weather during the growing season, and the vineyards
therefore need irrigation.
According to the petitioner, the Idaho weather stations within the
proposed Snake River Valley viticultural area record about half the
annual precipitation of the weather stations at Umpqua Valley, Oregon;
Walla Walla Valley, Washington; 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 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. 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 record warmer average winter temperatures. 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 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; Walla Walla Valley, Washington;
and Napa Valley, California, results, to a great extent, from the
higher elevations in the proposed viticultural area, which are 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.
Also, distances from the Pacific Ocean affect the amount of
moderating, marine air temperatures the seven weather stations 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 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 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 length of the proposed Snake River Valley viticultural area's
growing season 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 that measured at Walla Walla Valley, Washington; Umpqua
Valley, Oregon; and Napa Valley, California.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 60 regarding the proposed Snake River
Valley viticultural area in the Federal Register on July 17, 2006 (71
FR 40458). In that notice, TTB invited comments by September 15, 2006,
from all interested persons. We expressed particular interest in
receiving comments on whether the proposed area name would result in a
conflict with currently used brand names. We also solicited comments on
the appropriateness of the proposed eastern boundary line and asked
whether the boundary should be extended into southeastern Idaho.
Finally, we specifically solicited comments on the appropriateness of
the name ``Snake River Valley'' and asked whether ``West Snake River
Valley'' or another alternative name would be more appropriate for this
area. We received three comments in response to that notice. All three
comments supported the establishment of the Snake River Valley
viticultural area as proposed.
TTB Finding
After careful review of the petition and the comments 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 ``Snake River Valley'' viticultural area in southwestern
Idaho and southeastern Oregon, effective 30 days from the publication
date of this document.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this document.
Maps
The maps for determining the boundary of the viticultural area are
listed 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, ``Snake River
Valley,'' is recognized under 27 CFR 4.39(i)(3) as a name of
viticultural significance. The text of the new regulation clarifies
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, must ensure that the product is eligible to
use the viticultural area's name as an appellation of origin. No single
part of the ``Snake River Valley'' viticultural area name standing
alone, such as ``snake'' or ``Snake River'', has viticultural
significance. The word ``snake'' alone is not routinely identified with
the ``Snake River Valley.'' The name ``Snake River'' applies to 13
streams in 9 States, spanning from Florida to Alaska, according to the
USGS Geographic Names Information System.
For a wine to be labeled with a viticultural area name or with a
brand name that includes a viticultural area name or other term
specified as having viticultural significance 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 of viticultural significance 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 term of viticultural
[[Page 10602]]
significance 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 or other term of viticultural significance 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.
Drafting Information
N.A. Sutton of the Regulations and Rulings Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend title 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.
0
2. Amend subpart C by adding Sec. 9.208 to read as follows:
Subpart C--Approved American Viticultural Areas
Sec. 9.208 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) Brogan, Oregon-Idaho, 1980;
(3) McCall, Idaho-Oregon, 1980, Photoinspected 1990;
(4) Weiser, Idaho-Oregon, 1980, Photoinspected 1990;
(5) Boise, Idaho-Oregon, 1981;
(6) Idaho City, Idaho, 1982;
(7) Murphy, Idaho, 1986;
(8) Mountain Home, Idaho, 1990;
(9) Fairfield, Idaho, 1978;
(10) Twin Falls, Idaho, 1979;
(11) Glenns Ferry, Idaho, 1992;
(12) Triangle, Idaho, 1990;
(13) Mahogany Mountain, Idaho, 1978; and
(14) Vale, Oregon-Idaho, 1993.
(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 line, 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 line
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 third intersection with the 45
degree north latitude line, 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 line
to its intersection 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 generally
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
[[Page 10603]]
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 west longitude line in Malheur County, Oregon, T21S/
R38E, on the western border of the Vale map;
(19) Proceed straight north along the 118 degree west longitude
line 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.
Dated: January 18, 2007.
John J. Manfreda,
Administrator.
Approved: February 5, 2007.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. E7-4230 Filed 3-8-07; 8:45 am]
BILLING CODE 4810-31-P