[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Proposed Rules]
[Pages 35871-35875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14162]


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DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and Firearms

27 CFR Part 9

[Notice No. 898]
RIN 1512-AA07


Proposal to Revise the Boundary of the Walla Walla Valley 
Viticultural Area and the Eastern Boundary of the Columbia Valley 
Viticultural Area (99R-141P)

AGENCY: Bureau of Alcohol, Tobacco and Firearms (ATF), Department of 
the Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Bureau of Alcohol, Tobacco and Firearms (ATF) is proposing 
to extend the boundary of the Walla Walla Valley viticultural area. 
This proposal is the result of petitions filed by growers and 
winemakers located within the existing area and in

[[Page 35872]]

the new area under consideration. ATF is also proposing redrawing a 3-
mile section of the boundary of the Columbia Valley viticultural area 
so that it coincides with the boundary of the Walla Walla Valley 
viticultural area.
    ATF believes that establishing viticultural areas and authorizing 
use of viticultural area names as appellations of origin allow wineries 
to designate the specific areas where the grapes used to make the wine 
were grown and enable consumers to better identify the wines they 
purchase.

DATES: Written comments must be received by August 7, 2000.

ADDRESSES: Address written comments to the Chief, Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts Avenue, NW, 
Washington, DC 20226. See the Public Participation section of this 
notice for additional ways to send comments. See the Disclosure section 
of this notice for the location of our Reading Room.

FOR FURTHER INFORMATION CONTACT: Marjorie D. Ruhf, Regulations 
Division, Bureau of Alcohol, Tobacco and Firearms, 650 Massachusetts 
Avenue, NW, Washington, DC 20226, telephone (202) 927-8202, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On August 23, 1978, ATF published Treasury Decision ATF-53 (43 FR 
37672, 54624) revising regulations in 27 CFR part 4. These regulations 
allow the establishment of definite American viticultural areas. The 
regulations also allow the name of an approved viticultural area to be 
used as an appellation of origin in the labeling and advertising of 
wine.
    On October 2, 1979, ATF published Treasury Decision ATF-60 (44 FR 
56692) which added a new part 9 to 27 CFR, providing for the listing of 
approved American viticultural areas. Section 4.25a(e)(1), Title 27, 
CFR, defines an American viticultural area as a delimited grape-growing 
region distinguishable by geographical features, the boundaries of 
which have been recognized and defined in part 9. Section 4.25a(e)(2) 
outlines the procedure for establishing an American viticultural area. 
Any interested person may petition ATF to establish a grape-growing 
region as a viticultural area. The petition should include:
    (a) Evidence that the name of the proposed viticultural area is 
locally and/or nationally known as referring to the area specified in 
the petition;
    (b) Historical or current evidence that the boundaries of the 
viticultural area are as specified in the petition;
    (c) Evidence relating to the geographical features (climate, soil, 
elevation, physical features, etc.) which distinguish the viticultural 
features of the proposed area from surrounding areas;
    (d) A description of the specific boundaries of the viticultural 
area, based on features which can be found on United States Geological 
Survey (U.S.G.S.) maps of the largest applicable scale; and
    (e) A copy of the appropriate U.S.G.S. map(s) with the boundaries 
prominently marked.

Original Designation of the Walla Walla Valley and Columbia Valley 
Viticultural Areas

    The Walla Walla Valley viticultural area was established by 
Treasury Decision (T.D.) ATF-165 on February 6, 1984 (49 FR 4374). The 
original petition, filed by the Walla Walla Valley Wine Growers 
Association, had requested designation of an area of approximately 
300,000 acres. At the time of the original petition, ATF had been 
concerned that the total area to be designated was very large in 
proportion to the area used for viticulture. ATF and the petitioner 
agreed to reduce the size of the proposed area to encompass only the 
locations where grapes were being commercially grown. As approved, the 
Walla Walla Viticultural Area consisted of approximately 260,000 acres, 
and had two wine producers and 60 acres of grapes. The area was within 
the counties of Walla Walla in Washington State and Umatilla in Oregon.
    Later, when the Columbia Valley viticultural area was designated 
(T.D. ATF-190, November 13, 1984, [49 FR 44895-44899]), the Walla Walla 
Valley viticultural area was thought to be entirely within the Columbia 
Valley viticultural area. In preparation for the current rulemaking, we 
reviewed the maps in question and discovered that there is an area 
approximately 3 miles long where the eastern boundary of the Walla 
Walla Valley viticultural area extends beyond the eastern boundary of 
the Columbia Valley viticultural area. See our further discussion under 
``ATF proposal for extension of the Columbia Valley viticultural 
area.''

Petitions for Extension of the Boundaries of Walla Walla Valley

    ATF received a petition from Mr. Gaynor S. Derby of Spring Valley 
Vineyards, requesting that the northern boundary of the existing Walla 
Walla Valley viticultural area be extended to add approximately 3500 
acres to the northeastern part of the approved area. Later, we received 
a petition from the Walla Walla Valley Winegrowers, a group 
representing 20 wineries and vineyards located within the existing area 
or within the area they propose to add. Mr. Norm McKibben of Pepper 
Bridge Winery submitted the petition on behalf of the group. The Walla 
Walla Valley Winegrowers propose to expand the Walla Walla Valley 
viticultural area to include all the area requested in the original 
petition and additional land to the north. The petitioners refer to the 
evidence submitted with the original petition to show geographic 
distinctiveness and name recognition and provide supplemental 
information.
    If the Walla Walla Valley viticultural area were extended as the 
Walla Walla Winegrowers request, the area would have a total of 
approximately 340,000 acres, 800 acres of grapes, 23 growers and 21 
wine producers. Mr. Derby, who petitioned for a smaller extension of 
the existing area, agreed to support the larger extension proposed by 
the Walla Walla Valley Winegrowers. In preparing this notice, we used 
material from both new petitions and from the original petition.
    The Walla Walla Valley Winegrowers propose to restore the area 
removed from the original petition and extend the boundary from \1/2\ 
mile to 4 miles further north. The area removed from the original 
petition had no commercial vineyards at the time of the original 
petition. There is now one commercial vineyard in that area, and there 
are two commercial vineyards in larger area the Walla Walla Valley 
Winegrowers propose to add.
    In addition to the changes to the northern boundary noted above, 
the Walla Walla Valley Winegrowers proposed redrawing the southern 
boundary using features on the current revisions of the U.S.G.S. maps 
of the area. The measurements on these maps have been converted from 
feet to meters since the original application and designation of the 
area. As a result, the petitioner has chosen metric contour lines that 
do not exactly correspond to those in the original boundary, which 
represented feet. In particular, the southwest boundary of the area, 
originally marked by the 1000 foot contour line, would be changed to 
the 450 meter contour line, which corresponds to 1476 feet. This 
portion of the boundary would be moved outward (approximately 25 feet 
in most areas), enlarging the area very slightly. The land added by 
this proposed change is also drained by rivers that flow into the Walla 
Walla River, specifically Pine

[[Page 35873]]

Creek, Dry Creek (Oregon) and several unnamed streams.
    In order to identify the southeast boundary, formerly marked by the 
2000 foot contour line, the Walla Walla Valley Winegrowers suggested 
using the 600 meter (1967 foot) contour line. This would have resulted 
in a slight reduction in the viticultural area's size in that portion 
of the boundary. However, the 2000 foot contour line in that area is 
also the boundary of the Columbia Valley viticultural area. ATF is 
proposing that the common boundary be kept at 2000 feet, indicated by a 
line to be drawn between the 600 and 650 meter contour lines on the new 
maps.

ATF Proposal for Extension of the Columbia Valley Viticultural Area

    ATF is also proposing a minor adjustment to the boundary of the 
Columbia Valley viticultural area. In the original designation of the 
Columbia Valley viticultural area, ATF stated that the Walla Walla 
Valley viticultural area was entirely within the Columbia Valley 
viticultural area. As noted above, our recent review of the maps 
disclosed that there is a small area near Dixie, Washington, where the 
Walla Walla Valley viticultural area lies outside the boundaries of the 
Columbia Valley viticultural area. This occurs in a place where the 
official boundary of the Columbia Valley moves from the 2000 foot 
contour line to a state highway. Since both of these map features were 
used to approximate a natural boundary, ATF believes the Columbia 
Valley viticultural area's boundary may be amended without affecting 
the integrity of the area. We propose to amend the Columbia Valley 
viticultural area's boundary so it follows the 2000 foot contour line 
for an additional 3 miles north, and then shifts to the state highway 
as before. This proposed change extends the common boundary between the 
two viticultural areas and will eliminate any resulting confusion.

Evidence of Name

    Based on historical materials supplied by petitioners in their 
original petition, there is substantial evidence indicating that the 
proposed extension to the Walla Walla Valley viticultural area was 
locally and/or nationally known as Walla Walla Valley:
    (a) The original petition stated the area proposed for designation 
as the Walla Walla Valley ``has been known as such since the time of 
settlement in the 1850's, even prior to the creation of the states of 
Oregon and Washington.''
    (b) The Walla Walla Winegrowers noted the U.S.G.S. map of Walla 
Walla uses the name ``Walla Walla Valley'' to label an area that 
corresponds to the current viticultural area and places the name in a 
second location to the north of the existing boundary, in the area the 
petitioners seek to add.
    (c) Mr. Derby quoted Professor W. D. Lyman's History of Walla Walla 
County, published in 1901. Professor Lyman described the Walla Walla 
Valley as ``a large belt of agricultural land lying south of the Snake 
River and west of the Blue Mountains, extending across the Oregon Line 
on the south''--a description which fits the expanded area proposed for 
designation.

Evidence of Boundaries

    The boundary of the original Walla Walla Valley viticultural area 
was limited to existing grape-growing areas for administrative reasons. 
In response to the new petitions, we are reconsidering the evidence 
submitted in support of the original boundaries. In the original 
petition and the new petitions, the proposed Walla Walla Valley 
viticultural area would be delineated by boundaries corresponding to 
the following natural features:
    On the southeast, by the point where the north and south branches 
of the Walla Walla River emerge from the mountainous Umatilla National 
Forest and join to form the Walla Walla River,
    On the north, by the drainage divide between the Walla Walla River 
and the Touchet River, and
    On the west, where the Walla Walla River empties into the Columbia 
River.

Distinguishing Features

    According to the original petitioners and the petitioners in the 
current rulemaking, the entire Walla Walla Valley shares 
characteristics of topography, soil composition and climate that set it 
apart from the surrounding area. The evidence of the original petition 
was presented as applying to the entire valley, and not just to the 
area that ATF proposed for designation as the Walla Walla Valley 
viticultural area. Therefore, we will summarize the material that was 
originally published for comment in ATF Notice No. 471 on June 27, 1983 
[48 FR 29541-29543], with the understanding that it applies equally to 
the proposed extension of the Walla Walla Valley viticultural area. We 
will supplement this information with material supplied by the two 
petitions for extension.
    In his petition to extend the Walla Walla Valley viticultural area, 
Mr. Gaynor S. Derby quoted from an article titled ``Washington Wine and 
Dining'' published in the November 15, 1998, issue of Wine Spectator:

    Washington state straddles one of the world's great geological 
divides: the Cascade Range. To the west of its summits, the maritime 
influence of the Pacific is supreme, and copious rains produce lush 
evergreen forests. . . . To the east, the damp sea breezes are 
blocked, the air warms and vineyards flourish with water provided by 
the Columbia River. The result is a growing and dynamic wine region. 
. . .

Topography

    The original petition quoted the State of Washington's Geology and 
Groundwater Resources of the Walla Walla River Basin, Washington-
Oregon, published in 1965, to describe the topography of the area:
    ``In the Walla Walla River Basin, the main topographic unit is the 
valley plain, commonly called the Walla Walla Valley, which de[s]cends 
from about 1,500' at the foot of the mountain slopes to about 500' 
where the river cuts through the bedrock ridge near Divide. It lies 
astride the Oregon/Washington border.''
    The area proposed for addition to the Walla Walla Valley 
viticultural area ranges from 250 to 600 meters (820 to 1,968 feet) in 
elevation, like the approved portion of the area. It is drained by 
creeks that generally flow south and east into the Walla Walla River. 
North of the new proposed boundary, the streams and creeks generally 
drain into the Touchet River, further to the north.

Soil

    The original petition stated that the soils of the valley ``are 
classified by the Soil Conservation Service as Soils of Bottom Lands 
and Low Terraces, Soils of Loessal Uplands, Soils of Loessal and 
Basaltic Uplands and Soils of Loessal and Lake-Laid Terraces, basically 
all loess derived soils.'' Most of these soils are classed as I or II 
irrigated capability units by the Soil Conservation Service. By 
contrast, the soils west of the Touchet River and along the Snake and 
Columbia Rivers are classified as Class IV and VI. Soils to the east in 
the Blue Mountains are considered not suitable for cultivation. We note 
the areas chosen for soil contrast are outside the proposed expansion 
to the area.

Climate

    As noted in the original petition, the climate of the Walla Walla 
Valley is distinctive because it has a growing season between 190 and 
220 days, the longest within the surrounding six counties. The original 
petition contrasted places within the Walla Valley with places outside 
of the valley. The places chosen for contrast included Dayton, 
Prescott, and Eltopia,

[[Page 35874]]

Washington, all to the north of the proposed northern extension to the 
viticultural area.
    The Walla Walla Valley receives an average of 12.5 inches of 
precipitation a year, light in the summer, increasing and peaking in 
the winter. The Columbia Basin to the west and north receives less than 
10 inches of precipitation in a year, and the Blue Mountains to the 
east and southeast receive 25-45 inches. Again, the places chosen for 
contrast are outside the proposed extension of the viticultural area.

Proposed Boundaries

    The proposed revision to the boundary of the Columbia Valley 
viticultural area is described in Sec. 9.74. The proposed revision to 
the boundary of the Walla Walla viticultural area is described in 
Sec. 9.91.

U.S.G.S. Maps

    The Walla Walla Winegrowers provided appropriate U.S.G.S. maps with 
their proposed boundaries prominently marked.

Executive Order 12866

    It has been determined that this proposed regulation is not a 
significant regulatory action as defined in Executive Order 12866. 
Accordingly, this proposal is not subject to the analysis required by 
this Executive Order.

Regulatory Flexibility Act

    It is hereby certified that this regulation will not have a 
significant economic impact on a substantial number of small entities. 
Any benefit derived from the use of a viticultural area name is the 
result of the proprietor's own efforts and consumer acceptance of wines 
from a particular area. No new requirements are proposed. Accordingly, 
a regulatory flexibility analysis is not required.

Paperwork Reduction Act

    The provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(j)) and its implementing regulations, 5 CFR Part 1320, do not 
apply to this notice of proposed rulemaking because no requirement to 
collect information is proposed.

Public Participation

    ATF requests comments on the proposed regulations from all 
interested persons. We specifically request comments on the clarity of 
the proposed rule and how it may be made easier to understand.
    Please include the following in all comments:

ATTN: Notice No. 898

Your name,
Your company or association name, if it is pertinent to your 
comment,
Your reason for interest in the project (are you a consumer, dealer, 
producer?),
Your signature on paper comments sent by mail or facsimile 
transmission (FAX).

    Address written comments to the Chief, Regulations Division, Bureau 
of Alcohol, Tobacco and Firearms, P.O. Box 50221, Washington, DC 20091-
0221.
    Fax comments to (202) 927-8525. Be sure fax comments are legible, 
on 8\1/2\" x 11" paper, and they are 3 pages or less.
    E-mail comments to [email protected]. E-mail comments must 
contain no attachments, special characters or encryption.
    Comments, including the name of the commenter, will be disclosed to 
the public. Do not include any material in your comment if you consider 
it to be confidential or inappropriate for disclosure to the public.
    ATF will treat all comments as original written comments. We do not 
acknowledge receipt of comments. We will carefully consider all 
comments received on or before the closing date. We will also consider 
comments received after that date if it is practical to do so, but we 
cannot guarantee consideration of comments received after the comment 
period closes.
    During the comment period, you may request an opportunity to 
present oral testimony at a public hearing. However, the Director 
reserves the right, in light of all circumstances, to determine if a 
public hearing is necessary.

Disclosure

    You may view and copy written comments on this project from 10 a.m. 
to 12 noon in the ATF Public Reading Room, Room 6480, 650 Massachusetts 
Avenue, NW, Washington, DC. Call the Librarian at (202) 927-2890 for an 
appointment at other times. Contact the Disclosure Division at (202) 
927-8480 or visit http://www.atf.treas.gov/about/foia/index.htm to 
learn how to request photocopies of comments.
    Drafting Information: Marjorie D. Ruhf of the Regulations Division, 
Bureau of Alcohol, Tobacco and Firearms drafted this document.

List of Subjects in 27 CFR Part 9

    Administrative practices and procedures, Consumer protection, 
Viticultural areas, and Wine.

Issuance

    We propose to amend Title 27, Code of Federal Regulations, Part 9, 
American Viticultural Areas, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

    Paragraph 1. The authority citation for part 9 continues to read as 
follows:

    Authority: 27 U.S.C. 205.
    Par. 2. Section 9.74 is amended by revising paragraphs (c)(43) and 
(c)(44) to read as follows:


Sec. 9.74  Columbia Valley.

    * * *
    (c) Boundaries. * * *
    (43) Then southwest following Washington Highway 126 and U.S. 
Highway 12 through Marengo, Dayton, and Waitsburg to a point where an 
unnamed light-duty road leaves Highway 12 in an easterly direction in 
Minnick Station, Washington;
    (44) Then east following the unnamed light-duty road for 
approximately 250 feet until it reaches the 2000' contour line;
* * * * *
    Par. 3. Section 9.91 is revised to read as follows:


Sec. 9.91  Walla Walla Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Walla Walla Valley.''
    (b) Approved maps. The appropriate maps for determining the 
boundaries of the Walla Walla Valley viticultural area are two U.S.G.S. 
maps, in the scale 1:100,000. They are entitled:
    (1) ``Walla Walla,'' Washington--Oregon, 1980
    (2) ``Pendleton,'' Oregon--Washington, 1983
    (c) Boundaries. The Walla Walla Valley viticultural area is located 
within Walla Walla County in Washington State and Umatilla County in 
Oregon. It is entirely within the Columbia Valley viticultural area. 
The boundaries are as follows:
    (1) The beginning point is on the Walla Walla quadrangle map, in 
T8N/37E, at the point where the 2,000 foot contour line intersects with 
an unnamed light duty road approximately 250 feet east of U.S. Highway 
12 in Minnick, Washington (on maps measured in metric units, this 
elevation is between the 600 and 650 meter contour lines),
    (2) Then the boundary goes northwest in a straight line for 7 
kilometers (km), until it intersects with a power line that runs 
between T8N and T9N,
    (3) Then the boundary follows the power line west for 8 km, where 
it diverges from the power line and goes west-southwest in a straight 
line for approximately 33 km to the intersection of 2 unnamed light 
duty roads in the area marked Ninemile Canyon in the southwest corner 
of T8N/R33E,

[[Page 35875]]

    (4) Then the boundary goes south-southwest in a straight line 
approximately 8 km, until it reaches U.S. Highway 12, about 2.5 km east 
of Reese, Washington,
    (5) Then the boundary goes south in a straight line for 
approximately 8 km, crossing the Washington--Oregon state line and 
moving onto the Pendleton U.S.G.S. map, where it meets the 450 m 
contour line in T6N/R32E, near an unnamed peak with an elevation of 461 
m,
    (6) Then the boundary follows the 450 m contour line in a generally 
southeasterly direction until it intersects Dry Creek in T4N/R35E,
    (7) Then the boundary goes southeast along Dry Creek (Oregon) until 
it reaches the 2000 foot contour line,
    (8) Then the boundary follows the 2000 foot contour line in a 
generally northeasterly direction, crossing the Oregon--Washington 
state line and returning to the Walla Walla U.S.G.S map, until it 
reaches the point of beginning.

    Approved: May 22, 2000.
Bradley A. Buckles,
Director.
[FR Doc. 00-14162 Filed 6-5-00; 8:45 am]
BILLING CODE 4810-31-U