[Federal Register: April 28, 2008 (Volume 73, Number 82)]
[Proposed Rules]
[Page 22883-22887]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap08-26]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2008-0003; Notice No. 82]
RIN 1513-AB51
Proposed Establishment of the Snipes Mountain Viticultural Area
(2007R-300P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
establish the 4,145-acre ``Snipes Mountain'' viticultural area in
Yakima 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. We invite
comments on this proposed addition to our regulations.
DATES: We must receive written comments on or before June 27, 2008.
ADDRESSES: You may send comments on this notice to one of the following
addresses:
http://www.regulations.gov (via the online comment form
for this notice as posted within Docket No. TTB-2008-0003 on
Regulations.gov, the Federal e-rulemaking portal); or
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412.
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.
You may view copies of this notice, selected supporting materials,
and any comments we receive about this proposal at http://
www.regulations.gov. A direct link to the appropriate Regulations.gov
docket is available under Notice No. 82 on the TTB Web site at http://
www.ttb.gov/wine/wine_rulemaking.shtml. You also may view copies of
this notice, all related petitions, maps or other supporting materials,
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.
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 (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
[[Page 22884]]
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 geographic 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 geographic 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.
Snipes Mountain Petition
Mr. Todd Newhouse, of the Upland Winery in Outlook, Washington,
submitted a petition proposing the establishment of the Snipes Mountain
viticultural area on behalf of the grape growers in the Snipes Mountain
area. The proposed viticultural area covers 4,145 acres, and currently
has 535 acres of commercial vineyards. According to USGS maps that the
petitioner provided, Snipes Mountain lies north of the Yakima River,
between the towns of Granger and Sunnyside in Yakima County,
Washington. [TTB notes that the proposed viticultural area lies
entirely within the Yakima Valley viticultural area (27 CFR 9.69),
which includes portions of Yakima and Benton Counties in central
Washington, and also entirely within the larger Columbia Valley
viticultural area (27 CFR 9.74), which includes portions of central
Washington and north-central Oregon.] According to the petitioner, the
principal distinguishing features of the proposed viticultural area are
Snipes Mountain itself, a singular landform rising from the floor of
the Yakima Valley, and its comparatively unique, rocky soils. The
proposed viticultural area also includes Harrison Hill, east of Snipes
Mountain. Harrison Hill has similar soils, and its topography is
contiguous with the elevation lines of Snipes Mountain.
Name Evidence
The petition explains that in the late 1850s, Ben Snipes built a
house at the base of a mountain, which later became known as Snipes
Mountain, and developed an expansive cattle operation (see also ``The
Pacific Northwesterner,'' Fall 1959, reprinted as Essay 7265 on http://
www.HistoryLink.org). Since the early 1900s, the Snipes Mountain
Irrigation District has provided water to the region. According to the
USGS Sunnyside quadrangle map, the main water canal, the Snipes
Mountain Lateral, lies to the north of Snipes Mountain. The USGS
Granger and Sunnyside quadrangle maps identify Snipes Mountain as an
elevated landform between the Yakima River to the south and a single
railroad line and Interstate 82 to the north.
Boundary Evidence
The petitioner states that growers began establishing vineyards on
Snipes Mountain and adjacent Harrison Hill between 1914 and 1917 (see
``The Wine Project: Washington State's Winemaking History'' by R.
Irvine and W. Clore, Sketch Publications, 1997). The second oldest
cabernet sauvignon vines in Washington State have been growing for some
40 years in vineyards on Harrison Hill. These vines have been producing
award-winning wines for 15 years. On Snipes Mountain, the Upland
Winery, which operated from 1934 to 1972, is being reestablished as a
historic winery. Within the current 535 acres of vineyards in the
proposed viticultural area, a total of 25 varietals are grown.
According to the provided written boundary description and USGS
maps, the elevation of the proposed Snipes Mountain viticultural area
boundary line designating the lower end of the AVA runs from 750 to 820
feet around the base of the mountain, and the AVA continues up the
mountain and encompasses its peak. The USGS maps show that the proposed
viticultural area is on elevated terrain, and comprises vineyards,
orchards, roads, trails, a reservoir, intermittent streams, gravel
pits, buildings, and a winery. The proposed viticultural area is
surrounded by the generally flat Yakima Valley terrain that, in areas,
dips to approximately 700 feet in elevation. Two sections of the Yakima
River with elevations of 670 feet flow adjacent to the southwest
portion of the proposed AVA boundary line. The petitioner notes that at
elevations below the 750-foot contour line the valley is flatter and
has places, such as ponds and other cold air sinks, which are
unsuitable for viticulture.
According to the written boundary description and USGS maps,
Harrison Hill borders Snipes Mountain in the eastern portion of the
proposed Snipes Mountain viticultural area. According to the
petitioner, the soils on Harrison Hill are similar to the dominant
soils in the rest of the proposed viticultural area.
The petitioner explains that the 132 acres on the south-facing
slopes of Harrison Hill are suitable for successful viticulture and
claims that the vineyards on Harrison Hill ``are the most important
acres we grow.''
Distinguishing Features
According to the petitioner, the distinguishing features of the
proposed Snipes Mountain viticultural area include an elevated
topography that is steep in places and a geologic history that
contrasts with that of the surrounding Yakima Valley area. According to
USGS and digital maps provided with the petition, Snipes Mountain
stands alone in the center of the wide Yakima Valley like the crown of
a brimmed hat. The petitioner notes that the Snipes Mountain region
comprises the Ellensburg Formation. This formation consists of alluvial
outwash, the parent material of the unique soils in the Snipes Mountain
region.
Topography
The petitioner describes Snipes Mountain and adjacent Harrison Hill
as rising visibly from the Yakima Valley floor. The USGS Sunnyside and
Granger maps show that the 1,301-foot pinnacle of Snipes Mountain
contrasts with the 680- to 780-foot elevations of the surrounding
valley floor. The petitioner notes that about a third of the Yakima
Valley viticultural area is level, and cites the digital elevation maps
of the Yakima Valley and Snipes Mountain from Washington State 10m
Digital Elevation Model data.
The petitioner explains that the north side slopes of Snipes
Mountain gradually increase in elevation but the
[[Page 22885]]
south side slopes are steeper. As shown on USGS maps, the south side
slopes increase from 850 to 1,200 feet in elevation over a short
distance. According to the petitioner, these steeper slopes are suited
to viticulture because they have good air drainage, which helps to
prevent spring and fall frost damage to the plants in the vineyards.
Geology and Soils
According to the Washington Division of Geology and Earth
Resources, the geology of central Washington consists mainly of a
volcanic basalt mantle 10 to 15 million years old (``Late Cenozoic
Structure and Stratigraphy of South-Central Washington,'' by S.P.
Reidel, N.P. Campbell, K.R. Fecht, and K.A. Lindsey, Bulletin 80, pp.
159-180, 1994). Further study shows that subsequent alluvial events
covered portions of the Yakima Valley, creating the Ellensburg
Formation (``Sedimentology of proximal volcaniclastics dispersed across
an active foldbelt: Ellensburg formation (late Miocene), central
Washington,'' by G.A. Smith, Sedimentology 35: 953-997, 1988). The
Ellensburg Formation consists of a conglomerate of round, river-washed
rocks and coarse sediment; tectonic uplift created Snipes Mountain
(Reidel et al.).
The petitioner describes the soils in the proposed viticultural
area based on the Soil Survey of the Yakima County Area, Washington
(U.S. Department of Agriculture, Soil Conservation Service, 1985). The
petitioner also provides a table that compares soil series in the
established Yakima Valley viticultural area with those in the proposed
Snipes Mountain viticultural area. The comparison is based on parent
material, and shows the soils that resulted from differing geological
events in each region. The petitioner explains that almost all soils on
Snipes Mountain were deposited by an ancient flood and are now in a dry
environment. The soils are older, have more rock fragments, and are
drier than the soils elsewhere in the Yakima Valley region.
One third of the soils in the Yakima Valley viticultural area
formed in alluvium and 30 percent of the soils formed in loess over
lacustrine deposits. In contrast, within the proposed Snipes Mountain
viticultural area only 3.32 percent of the soils are alluvial soils.
These soils are of small extent because tectonic uplift exposed the
southwest face of Snipes Mountain, lifting it above the influence of
additional alluvial deposits. Warden soils formed in loess over
lacustrine deposits, and these soils cover 53 percent of the proposed
Snipes Mountain viticultural area. Typically, these soils are on the
north- and northeast-facing slopes, in positions where the parent
material was in place prior to tectonic uplift. The Harwood-Burke-Wiehl
soils comprise 13.6 percent of the soils in the proposed viticultural
area, compared to less than 1 percent of the entire Yakima Valley
viticultural area.
On Snipes Mountain 82 percent of the soils are classified as
Aridisols. Aridisols are low in organic matter and are in generally dry
areas. In the Yakima Valley 47 percent of the soils are classified as
Aridisols, but 43 percent are classified as Mollisols. Mollisols have a
deep, dark surface horizon with a high content of organic matter.
Typically, they are low lying and near ground water that supplies
moisture to plants, which ultimately increase the accumulation of
organic matter.
According to the petitioner, vineyards on the south-facing slopes
of Harrison Hill have produced highly valued grapes. The soils on
Harrison Hill and Snipes Mountain are similar. The steeper, south-
facing slopes of Snipes Mountain provide excellent air drainage to
protect the grapevines, making them less susceptible to spring and fall
frost damage.
TTB Determination
TTB concludes that this petition to establish the 4,145-acre Snipes
Mountain viticultural area merits consideration and public comment, as
invited in this notice.
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, ``Snipes Mountain,'' will be recognized as a name of viticultural
significance under 27 CFR 4.39(i)(3). Consequently, wine bottlers using
``Snipes Mountain'' 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 ``Snipes'' 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 ``Snipes Mountain'' name
as a term of viticultural significance for purposes of part 4 of the
TTB regulations.
For a wine to be eligible to use a viticultural area name or other
term of viticultural significance as an appellation of origin or in a
brand name, at least 85 percent of the wine must be derived from grapes
grown within the area represented by that name or 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 as an appellation of
origin and that name or other term of viticultural significance 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
significance 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 previously approved label uses the name ``Snipes
Mountain'' for a wine that does not meet the 85 percent standard, the
previously approved label will be subject to revocation, upon the
effective date of the approval of the Snipes Mountain viticultural
area.
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.
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. The easternmost portion of the proposed
boundary line includes the south side of the adjacent Harrison Hill,
which the petitioner describes as having important vineyards. We are
especially interested in receiving any comments on the appropriateness
of our including the southern part of Harrison Hill in the proposed
Snipes Mountain viticultural area. We are also particularly interested
[[Page 22886]]
in any comments on whether the evidence regarding name and
distinguishing geographical features is sufficient to warrant the
establishment of this new viticultural area within the existing Yakima
Valley and Columbia Valley viticultural areas. Please provide any
available specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Snipes Mountain viticultural area on wine labels that include
the words ``Snipes Mountain'' 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 comment 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 ``Snipes Mountain'' 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 ``Snipes'' 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 ``Snipes'' 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 Snipes Mountain viticultural area.
Submitting Comments
You may submit comments on this notice by using one of the
following two methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2008-
0003 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http:/
/www.regulations.gov. A direct link to that docket is available under
Notice No. 82 on the TTB Web site at http://www.ttb.gov/wine/wine_
rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on ``User Guide'' under ``How
to Use this Site.''
Mail: You may send written comments to the Director,
Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade
Bureau, P.O. Box 14412, Washington, DC 20044-4412.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 82 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. We do not acknowledge receipt of comments, and we consider
all comments as originals.
If you are commenting on behalf of an association, business, or
other entity, your comment must include the entity's name as well as
your name and position title. If you comment via http://
www.regulations.gov, please enter the entity's name in the
``Organization'' blank of the comment form. If you comment via mail,
please submit your entity's comment on letterhead.
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 comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
We will post, and you may view, copies of this notice, selected
supporting materials, and any online or mailed comments we receive
about this proposal within Docket No. TTB-2008-0003 on the Federal e-
rulemaking portal, Regulations.gov, at http://www.regulations.gov. A
direct link to this docket is available on the TTB Web site at http://
www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 82. You may
also reach the relevant docket through the Regulations.gov search page
at http://www.regulations.gov. For instructions on how to use
Regulations.gov, visit the site and click on ``User Guide'' under ``How
to Use this Site.''
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including e-mail addresses. We may omit voluminous
attachments or material that we consider unsuitable for posting.
You also may view copies of this notice, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments we receive about this proposal by appointment at the TTB
Information Resource Center, 1310 G Street, NW., Washington, DC 20220.
You may also obtain copies at 20 cents per 8.5 x 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 or
other materials.
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. 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 I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
2. Amend subpart C by adding Sec. 9.-- to read as follows:
Sec. 9.-- Snipes Mountain.
(a) Name. The name of the viticultural area described in this
section is ``Snipes Mountain''. For purposes of part 4 of this chapter,
``Snipes Mountain'' is a term of viticultural significance.
[[Page 22887]]
(b) Approved maps. The two United Stages Geological Survey 1:24,000
scale topographic maps used to determine the boundary of the Snipes
Mountain viticultural area are titled:
(1) Sunnyside, Wash., 1965, photorevised 1978; and
(2) Granger, Wash., 1965.
(c) Boundary. The Snipes Mountain viticultural area is located in
Yakima County, Washington. The boundary of the Snipes Mountain
viticultural area is as described below:
(1) The beginning point is on the Sunnyside map at the intersection
of the section 34 east boundary line and the Pipeline, between
Alexander Road and South Hill Road, to the southwest of Sunnyside,
T10N, R22E. From the beginning point, proceed straight south along the
section 34 east boundary line, less than 0.1 mile, to its intersection
with the 750-foot elevation line, T10N, R22E; then
(2) Proceed along the 750-foot elevation line first southeast, then
generally west to its intersection with the section 31 west boundary
line and the Union Pacific single railroad track along the west border
of the map, T10N, R22E; then
(3) Proceed along the Union Pacific railroad line generally west-
northwest (which closely follows the 760-foot elevation line) crossing
onto the Granger map and continue to its intersection with the section
27 east boundary line, immediately northeast of BM 768, T10N, R21E;
then
(4) Proceed straight south along the section 27 east boundary line
less than 0.1 mile to its intersection with the 760-foot elevation
line, T10N, R21E; then
(5) Proceed northwest along the meandering 760-foot elevation line
to its intersection with the section 27 north boundary line, T10N,
R21E; then
(6) Proceed straight north in a line approximately 0.1 mile to its
intersection with the 820-foot elevation line, southeast of the
claypits, section 22, T10N, R21E; then
(7) Proceed along the meandering 820-foot elevation line first
northwest then east-southeast before reaching Granger, and then
continuing eastward to its intersection with Nass Road, section 26,
T10N, R21E; then
(8) Proceed generally east along the meandering 820-foot elevation
line, crossing onto the Sunnyside map and continuing generally eastward
to its intersection with section 34 north boundary line, T10N, R22E;
then
(9) Proceed straight east along the north boundary line of sections
34 and 35 to its intersection with the 820-foot elevation line, T10N,
R22E; then
(10) Proceed southwest along the 820-foot elevation to its
intersection with the section 34 east boundary line, T10N, R22E; then
(11) Proceed straight south along the section 34 east boundary line
0.3 mile to the point of beginning.
Signed: March 24, 2008.
John J. Manfreda,
Administrator.
[FR Doc. E8-9172 Filed 4-25-08; 8:45 am]
BILLING CODE 4810-31-P