[Federal Register Volume 68, Number 124 (Friday, June 27, 2003)]
[Proposed Rules]
[Pages 38251-38255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-16324]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 11]
RIN 1512-AC81


Proposed Columbia Gorge Viticultural Area (2002R-103P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury.

[[Page 38252]]


ACTION: Notice of proposed rulemaking.

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SUMMARY: TTB proposes to establish a viticultural area named ``Columbia 
Gorge'' in Hood River and Wasco Counties, Oregon, and Skamania and 
Klickitat Counties, Washington, approximately 60 miles east of 
Portland, Oregon. We invite comments on this proposal.

DATES: Written comments must be received by August 26, 2003.

ADDRESSES: You may send comments to any of the following addresses--
    [sbull] Chief, Regulations and Procedures Division, Alcohol and 
Tobacco Tax and Trade Bureau, P.O. Box 50221, Washington, DC 20091-0221 
(Attn: Notice No. 11);
    [sbull] 202-927-8525 (facsimile);
    [sbull] [email protected] (e-mail); or
    [sbull] http://www.ttb.gov (An online comment form is posted with 
this notice on our Web site).
    You may view copies of the petition, this notice, the appropriate 
maps, and any comments we receive by appointment at the ATF Reference 
Library, 650 Massachusetts Avenue, NW., Washington, DC 20226; phone 
202-927-7890. You may also access copies of the notice and comments on 
our Web site at http://www.ttb.gov.
    See the Public Participation section of this notice for specific 
instructions and requirements and for information on how to request a 
public hearing.

FOR FURTHER INFORMATION CONTACT: Bernard J. Kipp, Specialist, 
Regulations Division (Portland, Oregon), Alcohol and Tobacco Tax and 
Trade Bureau, PMB 237, 17675 SW Farmington Rd, Aloha, OR 97007; 
telephone 503-356-1341.

SUPPLEMENTARY INFORMATION: 

TTB Background

What Is the Impact of the Homeland Security Act on Rulemaking?

    Effective January 24, 2003, the Homeland Security Act of 2002 
divided the Bureau of Alcohol, Tobacco and Firearms (ATF) into two new 
agencies, the Alcohol and Tobacco Tax and Trade Bureau in the 
Department of the Treasury and the Bureau of Alcohol, Tobacco, Firearms 
and Explosives in the Department of Justice. Regulation of wine 
labeling, including viticultural area designations, is the 
responsibility of the new TTB. References to ATF in this document 
relate to events that occurred prior to January 24, 2003, or to 
functions that the Bureau of Alcohol, Tobacco, Firearms and Explosives 
continues to perform.

Background on Viticultural Areas

Authority To Establish Viticultural Areas

    The Federal Alcohol Administration Act (FAA Act) at 27 U.S.C. 
205(e) requires that alcohol beverage labels provide the consumer with 
adequate information regarding a product's identity, while prohibiting 
the use of deceptive information on such labels. The FAA Act also 
authorizes TTB to issue regulations to carry out the Act's provisions.
    Regulations in 27 CFR Part 4, Labeling and Advertising of Wine, 
allow the establishment of definitive viticultural areas and the use of 
their names as appellations of origin on wine labels and in wine 
advertisements. Title 27 CFR Part 9, American Viticultural Areas, 
contains the list of approved viticultural areas.

Definition of American Viticultural Areas

    Title 27 CFR 4.25a(e)(1) defines an American viticultural area as a 
delimited grape-growing region distinguishable by geographic features 
whose boundaries have been delineated in subpart C of part 9. These 
designations allow consumers and vintners to attribute a given quality, 
reputation, or other characteristic of wine made from grapes grown in 
an area to its geographical origin.

Requirements To Establish a Viticultural Area

    Section 4.25a(e)(2) outlines the procedure for proposing an 
American viticultural area. Anyone interested may petition ATF to 
establish a grape-growing region as a viticultural area. The petition 
must include:
    [sbull] Evidence of local and/or national name recognition of the 
proposed viticultural area as the area specified in the petition;
    [sbull] Historical or current evidence that the proposed 
viticultural area's boundaries are as specified in the petition;
    [sbull] Evidence relating to geographical characteristics, 
including growing conditions such as climate, soil, elevation, physical 
features, etc., that distinguish the proposed area from surrounding 
areas;
    [sbull] A description of the specific boundaries of the 
viticultural area, based on features reflected on United States 
Geological Survey (USGS) approved maps of the largest applicable scale; 
and
    [sbull] A copy (or copies) of the USGS-approved map(s) with the 
boundaries prominently marked.

Impact on Current Wine Labels

    If this proposed viticultural area is established, bottlers who use 
brand names like the name of the viticultural area may be affected. If 
you do use a brand name like ``Columbia Gorge,'' you must ensure that 
your existing products are eligible to use the name of the viticultural 
area as an appellation of origin. For a wine to be eligible, at least 
85 percent of the grapes in the wine must have been grown within the 
viticultural area.
    If the wine is not eligible to use the appellation, you must change 
the brand name of that wine and obtain approval of a new label. 
Different rules apply if you label a wine in this category with a brand 
name that was used on a label approved before July 7, 1986. See 27 CFR 
4.39(i) for details. Additionally, when the name of a viticultural area 
is presented on a wine label in a context other than as the claimed 
appellation of origin, then the use of such a viticultural area name is 
subject to the general prohibitions against misleading representation 
in part 4 of the regulations.

Columbia Gorge Petition

General

    We received a petition requesting establishment of a new 
viticultural area to be called ``Columbia Gorge.'' Mark Wharry filed 
the petition on behalf of the Columbia River Gorge Wine Growers 
Association. According to the petitioner, the Columbia Gorge is a 
dramatic river corridor cut through the Cascade Mountains and is the 
only sea level pass through the range. The petitioner states that this 
narrow, winding valley with its steep, rising bluffs creates a unique 
grape-growing region.
    This proposed 280 square mile viticultural area is located about 60 
miles east of Portland, Oregon, and straddles the Columbia River for 
fifteen miles while extending into south-central Washington and north-
central Oregon. The proposed area surrounds Hood River, Oregon, and 
White Salmon, Washington, and is generally bordered by B Z Corner, 
Washington, on the north, Lyle, Washington, on the east, Parkdale, 
Oregon, on the south, and Vinzenz Lausmann State Park, Oregon, on the 
west. The proposed area is just west of the established Columbia Valley 
viticultural area and shares a part of its border with that area.

Viticultural History

    According to the petitioner, grapes have been grown in the Columbia 
Gorge for over a century. In the 1880s, the Jewitt family, founders of 
the town of

[[Page 38253]]

White Salmon, Washington, built terraces on a wide south-facing slope 
on the bluff above Bingen, Washington. They planted American vines that 
they had brought with them from Illinois. The petitioner also refers to 
two other pioneer families who brought grape cuttings to the Columbia 
Gorge. John Balfour, the youngest son of English Lord Balfour, planted 
and raised a quantity of grapes in the early 1900s near the current 
location of Lyle, Washington. Leonis and Elizah Meress brought grape 
cuttings to the area from their native Adele Nord, a village in one of 
France's coldest regions. Some of the vinifera vines they planted are 
still alive today and have withstood temperatures well below zero.
    Interest in grape growing in the Columbia Gorge was renewed in the 
early 1960s when experimental plots were planted in White Salmon, 
Washington. Later, commercial plots were planted under the direction of 
Washington State University. Today the Columbia River Gorge Wine 
Growers Association is comprised of 24 growers and 4 wineries. There 
are 284 acres currently planted to wine grapes in the proposed Columbia 
Gorge viticultural area with more being planted each year.

Evidence That the Name of the Area Is Locally or Nationally Known

    The petitioner indicates that local residents know this narrow, 
winding valley, with its steeply rising bluffs as ``the Gorge,'' 
``Columbia Gorge,'' and ``Columbia River Gorge.'' The petitioner notes 
that there was some debate as to whether the proposed area's name 
should be ``Columbia Gorge'' or ``Columbia River Gorge'' since both 
terms are utilized. The term ``Columbia River Gorge'' often appears as 
a more formal title, such as the Columbia River Gorge National Scenic 
Area and the Columbia River Gorge National Fish Hatcheries.
    The petitioner contends, however, that ``Columbia Gorge'' is the 
most common usage and involves and connotes an area smaller in size 
than the boundaries of the Federally designated scenic area. Examples 
of this usage include the Columbia Gorge Interpretive Center of the 
Skamania County Historical Society, the Columbia Gorge Discovery Center 
of the Wasco County Historical Museum, and various businesses and 
tourist attractions. Promotional groups such as the Skamania County 
Chamber of Commerce, Cascade Locks, use maps titled ``Experience the 
Columbia Gorge'' and ``Heart of the Columbia Gorge.''

Evidence That Supports the Proposed Boundaries

    The petitioner states that the proposed Columbia Gorge viticultural 
area's boundaries are based on a combination of topographic, soil, and 
climatic factors that contrast with the nearby Columbia Valley and 
Willamette Valley viticultural areas. The petitioner uses the 2000-foot 
elevation line for much of the proposed boundary because it includes 
lower, flatter, loamy soil and agricultural areas, while excluding 
higher-elevation lands more suitable for timber due to their steeper, 
gravelly soil.

Evidence of Distinctive Geographic Features

    The petitioner provided the following evidence that the proposed 
Columbia Gorge viticultural area is a unique grape-growing region 
distinguished by its topography, soils, and climate:
Topography
    The Columbia River carved the Columbia Gorge, and its sides become 
steep cliffs as the river twists and turns in its westbound course. The 
sides of the gorge range from sheer rock faces comprised of volcanic 
outcroppings of igneous and metamorphic rock to gentle stair-step 
benchlands, which reflect prehistoric lava flow. These benchlands are 
the most desirable for vineyards, with deep soil and good sun exposure.
    The gorge acts as a funnel that works the moist marine air masses 
to its west and the drier air to its east back and forth. The proposed 
Columbia Gorge viticultural area benefits from these prevailing winds, 
which originate over the Pacific ocean and moderate temperatures that 
otherwise might be warmer in the summer and cooler in the winter.
Soils
    The petitioner states that, in general, soil types within the 
boundaries of the proposed Columbia Gorge viticultural area are silty 
loams, as opposed to the more gravelly soils found outside the area. As 
the valleys on both the Washington and Oregon sides of the proposed 
area slope up to the surrounding hills, the terrain becomes much 
steeper, and the soil types change noticeably.
    Permeability of the silty loams found within the proposed area is 
slow to moderate, and available water capacity is high. Effective 
rooting depth is 60 inches or more. Soils present within the proposed 
area include Chemawa, Underwood Loam, McGowen, Wyest Silt Loam, Van 
Horn, Parkdale Loam, and Oak Grove Loam series.
    By contrast, the areas immediately surrounding the proposed area, 
both above the 2,000-foot elevation line and east to the Columbia 
Valley, are generally comprised of gravelly, higher permeability soils. 
These soils typically support sloped timber areas at more than 2,000 
feet above sea level. Examples of soils outside the proposed area are 
Steeper McElroy, Undusk Gravelly Loam, Husum Gravelly Loam, Rock 
Outcrop, Bins-Bindle, Yallani, and Hesslan-Skyline series.
Rainfall
    The petition states that yearly rainfall totals determined the 
eastern and western borders of the proposed area. The lands west of the 
proposed area have more rainfall, cloud cover, and vegetative growth. 
These factors result in benchlands unsuitable for viticulture. The 
terrain east of the proposed area is much more arid.
    Annual rainfall within the proposed area ranges from 30 inches in 
the Hood River, Oregon, area at the western end to 18 inches near its 
eastern end at Lyle, Washington. By comparison, Bonneville Dam and 
Skamania, Washington, two places west of the proposed area, average 
77.54 and 85.49 inches of annual rainfall, respectively. Two towns east 
of the proposed area, The Dalles, Oregon, and Yakima, Washington, 
respectively average 14.52 and 8.21 inches of rainfall annually.
Temperature
    The average growing temperatures within the proposed area range 
from 62 degrees (Appleton and Wind River, Washington) to 65 degrees 
(Hood River, Oregon) as compared to 61 degrees in Skamania and 71.6 
degrees in The Dalles. In general, grapes grown in the proposed 
Columbia Gorge appellation region are early varietals, such as Pinot 
Noir and Gewurztraminer, which require less high temperature days. By 
contrast, the Columbia Valley area is able to grow much later 
varieties, e.g., Merlot and Cabernet Sauvignon, due to significantly 
higher degree growing days.

Proposed Boundaries

    See the narrative boundary description and the listing of maps for 
the petitioned viticultural area in the proposed regulation published 
at the end of this notice.

Public Participation

Comments Sought

    We request comments from anyone concerned and are particularly 
interested in comments on whether the name ``Columbia River Gorge'' is

[[Page 38254]]

appropriate for the proposed area. Please support your comments with 
specific information. Examples include name evidence and data about 
growing conditions or area boundaries.
    Although we do not acknowledge receipt, we will consider your 
comments if we receive them on or before the closing date. We will 
consider comments received after the closing date if we can. We regard 
all comments as originals.

Comment Confidentiality

    We do not recognize any submitted material as confidential. We will 
disclose all information on comments and commenters. Do not enclose in 
your comments any material you consider confidential or inappropriate 
for disclosure.

Disclosure

    You may view copies of the petition, the proposed regulation, the 
appropriate maps, and any comments received by appointment at the ATF 
Reference Library, 650 Massachusetts Avenue, NW., Washington, DC 20226. 
You may also obtain copies at 20 cents per 8.5 x 11 inch page. Contact 
the ATF Librarian at the above address or telephone 202-927-7890 to 
schedule an appointment or to request copies of comments.
    For your convenience, we will post this notice and the comments 
received on the TTB Web site. All posted comments will show the names 
of commenters but not street addresses, telephone numbers, or e-mail 
addresses. We may also omit voluminous attachments or material that we 
consider unsuitable for posting. In all cases, the full comment will be 
available in the ATF Reference Library. To see the online copy of this 
notice, visit http://www.ttb.gov/alcohol/rules/index.htm. Select the 
``View comments'' link under this notice number to view the posted 
comments.

Submission of Comments

    You may submit comments in any of four ways.
    [sbull] By mail: You may send written comments to TTB at the 
address listed in the ADDRESSES section.
    [sbull] By facsimile: You may submit comments by fax 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 five or less pages long. This limitation assures electronic 
access to our equipment. We will not accept faxed comments that exceed 
five pages.
    [sbull] By e-mail: You may e-mail comments to [email protected]. 
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.
    [sbull] By 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 email'' link under this 
notice number.
    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, in light of all circumstances, whether a public hearing 
will be held.

Regulatory Analyses and Notices

Paperwork Reduction Act

    We propose no requirement to collect information. Therefore, the 
provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, and 
its implementing regulations, 5 CFR part 1320, do not apply.

Regulatory Flexibility Act

    We certify that this regulation, if adopted, will not have a 
significant economic impact on a substantial number of small entities, 
including small businesses. The proposal imposes no new reporting, 
recordkeeping, or other administrative requirements.
    The establishment of viticultural areas represents neither our 
endorsement nor approval of the quality of wine made from grapes grown 
in the areas. Rather, it is a system that identifies areas distinct 
from one another. In turn, identifying viticultural areas lets wineries 
describe more accurately the origin of their wines to consumers and 
helps consumers identify the wines they purchase. Thus, any benefit 
derived from using a viticultural area name results from the 
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. Accordingly, no regulatory assessment 
is required.

Drafting Information

    The principal author of this document is Bernard J. Kipp, 
Regulations Division (Portland, Oregon), Alcohol and Tobacco Tax and 
Trade Bureau.

List of Subjects in 27 CFR Part 9

    Wine.

Authority and Issuance

    For the reasons stated in the preamble, the Alcohol and Tobacco Tax 
and Trade Bureau proposes to amend Title 27, Code of Federal 
Regulations, Part 9, American Viticultural Areas, 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.

    2. Subpart C is amended by adding Sec.  9.---- to read as follows:

Subpart C--Approved American Viticultural Areas

* * * * *


Sec.  9.----  Columbia Gorge

    (a) Name. The name of the viticultural area described in this 
section is ``Columbia Gorge''.
    (b) Approved Maps. The appropriate maps for determining the 
boundaries of the Columbia Gorge viticultural area are 11 USGS, 
1:24,000 scale topographic maps. They are--
    (1) Hood River Quadrangle, Oregon--Washington, 1994;
    (2) Northwestern Lake Quadrangle, Washington, 1983;
    (3) Husum Quadrangle, Washington--Klickitat Co., 1994;
    (4) Appleton Quadrangle, Washington--Klickitat Co., 1994;
    (5) Lyle Quadrangle, Washington--Oregon, 1994;
    (6) Brown Creek Quadrangle, Oregon, 1994;
    (7) Ketchum Reservoir Quadrangle, Oregon, 1994;
    (8) Parkdale Quadrangle, Oregon--Hood River Co., 1994;
    (9) Dee Quadrangle, Oregon--Hood River Co., 1994; and
    (10) Mt. Defiance Quadrangle, Oregon--Washington, 1994.
    (c) Boundaries. The Columbia Gorge viticultural area is located in 
Hood River and Wasco Counties, Oregon, and Skamania and Klickitat 
Counties, Washington. The starting point of the boundary is on the Hood 
River map, at the intersection of State highway 14 and the range line 
between R9E and R10E, on the north bank of the Columbia River.
    (1) From this point, go north along the R9E/R10E range line to the 
northwest corner of section 19, T3N, R10E;
    (2) Then go east along the section line to the northeast corner of 
section 20, T3N, R10E;

[[Page 38255]]

    (3) Then go north along the section line, crossing onto the 
Northwestern Lake map, to the northwest corner of section 33, T4N, 
R10E;
    (4) Then go east on the section line to the northeast corner of 
section 33, T4N, R10E;
    (5) Then go north on the section line to the northwest corner of 
section 27, T4N, R10E;
    (6) Then go east on the section line to the northeast corner of 
section 27, T4N, R10E;
    (7) Then go north on the section line to its intersection with the 
township line between T4N and T5N;
    (8) Then go east on the township line, crossing onto the Husum map, 
to the northeast corner of section 5, T4N, R11E;
    (9) Then go south on the section line to the southwest corner of 
section 9, T4N, R11E;
    (10) Then go east on the section line to the northeast corner of 
section 15, T4N, R11E;
    (11) Then go south on the section line to the southwest corner of 
section 26, T4N, R11E;
    (12) Then go east on the section line, crossing onto the Appleton 
map, to the range line between R11E and R12E;
    (13) Then go south on the range line approximately 1.25 miles to 
its intersection with the 2,000-foot contour line near the northeast 
corner of section 1, T3N, R11E;
    (14) Then go south along the 2,000-foot contour line through 
sections 1 and 12; then generally east through sections 7, 18, 8, and 9 
to section 10; then generally north, weaving back and forth between 
sections 3, 4, 33, and 34; then south to section 3, until the 2,000-
foot contour line first intersects the section line between sections 2 
and 3, T3N, R12E, near a creek and an unnamed light duty road;
    (15) Then go south on the section line, crossing onto the Lyle map, 
and continuing south until it intersects with the Klickitat River;
    (16) Then go generally southwest along the Klickitat River until it 
joins the Columbia River, then continue southwest in a straight line to 
the Washington-Oregon State line in the center of the Columbia River;
    (17) Then follow the State line generally southeast until it 
intersects with a northward extension of the range line between R12E 
and R13E;
    (18) Then go south on the range line, crossing onto the Brown Creek 
map, to the point where the range line intersects the base line between 
T1N and T1S;
    (19) Then go west along the base line, crossing on to the Ketchum 
Reservoir map, to its intersection with the range line between R11E and 
R12E in T1N;
    (20) Then go north on the range line to its intersection with the 
township line between T1N and T2N;
    (21) Then go west on the township line, crossing on to the Parkdale 
map, to its intersection with the range line between R10E and R11E;
    (22) Then go south on the range line approximately 2 miles to its 
intersection with the 2,000-foot contour line near the southern border 
of section 12, T1N, R10E;
    (23) Then go along the 2,000-foot contour line generally southwest 
through sections 12, 13, 14, 23, 22, 26, 27, and 34 in T1N, and section 
4 in T1S, to the 2,000-foot contour line's intersection with the 
section line between sections 4 and 9, T1S, R10E;
    (24) Then go west along the section line to its intersection with 
the range line between R9E and R10E in T1S;
    (25) Then go north along the range line to its intersection with 
the base line between T1S and T1N;
    (26) Then go west along the baseline, crossing onto the Dee map, to 
its intersection with the range line between R9E and R10E;
    (27) Then go north along the range line to the southeast corner of 
section 13, T1N, R9E;
    (28) Then go west along the section line to the southwest corner of 
section 14, T1N, R9E;
    (29) Then go north along the section line to the northwest corner 
of section 14, T1N, R9E;
    (30) Then go east along the section line to the northeast corner of 
section 14, T1N, R9E;
    (31) Then go north along the section line until its intersection 
with the township line between T1N and T2N;
    (32) Then follow the township line east to its intersection with 
the range line between R9E and R10E;
    (33) Then go north along the range line, crossing on to the Mt. 
Defiance map, to the Washington-Oregon State line in the Columbia 
River;
    (34) Then go northeast along the State line, crossing onto the Hood 
River map, to its intersection with a southward extension of the range 
line between R9E and R10E;
    (35) Then go due north along that extension approximately 0.5 mile 
to the starting point.

    Signed: June 18, 2003.
John J. Manfreda,
Acting Administrator.
[FR Doc. 03-16324 Filed 6-26-03; 8:45 am]
BILLING CODE 4810-31-P