[Federal Register Volume 70, Number 14 (Monday, January 24, 2005)]
[Proposed Rules]
[Pages 3322-3328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-1190]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 27]
RIN 1513-AA91


Proposed Horse Heaven Hills Viticultural Area (2002R-103P)

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 ``Horse Heaven Hills'' viticultural area in south-central 
Washington State. Located along the Columbia River in portions of 
Klickitat, Yakima, and Benton counties, the proposed area is about 115 
miles east of Vancouver, Washington, and lies entirely within the 
established Columbia Valley viticultural area. 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: Written comments must be received on or before March 25, 2005.

ADDRESSES: You may send comments to any of the following addresses:
     Chief, Regulations and Procedures Division, Alcohol and 
Tobacco Tax and Trade Bureau (Attn: Notice No. 27), P.O. Box 14412, 
Washington, DC 20044-4412:
     (202) 927-8525 (facsimile);
     [email protected] (e-mail); or
     http://www.ttb.gov. An online comment form is posted with 
this notice on our Web site.

[[Page 3323]]

     http://www.regulations.gov (Federal e-rulemaking portal; 
follow instructions for submitting comments).
    You may view copies of this notice, the petition, the appropriate 
maps, and any comments we receive on this proposal by appointment at 
the TTB Library, 1310 G Street, NW., Washington, DC 20220. To make an 
appointment, call (202) 927-2400. You may also access online copies of 
the notice and any comments received at http://www.ttb.gov/alcohol/rules/index.htm.
    See the ``Public Participation'' section of this notice for 
specific instructions and requirements for submitting comments, and for 
information on how to request a public hearing.

FOR FURTHER INFORMATION CONTACT: N. A. Sutton, Program Manager, 
Regulations and Procedures Division, Alcohol and Tobacco Tax and Trade 
Bureau, 925 Lakeville Street, 158, Petaluma, CA 94952; 
telephone (415) 271-1254.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (the FAA 
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels 
provide the consumer with adequate information regarding a product's 
identity and prohibits the use of misleading information on those 
labels. The FAA Act also authorizes the Secretary of the Treasury to 
issue regulations to carry out its provisions. The Alcohol and Tobacco 
Tax and Trade Bureau (TTB) administers these regulations.
    Part 4 of 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 geographic 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 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 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.

Horse Heaven Hills Petition

Background Information

    TTB has received a petition requesting establishment of a new 
viticultural area in south-central Washington State to be called 
``Horse Heaven Hills.'' Paul D. Lucas filed the petition on behalf of 
wine grape growers within the proposed area.
    The proposed Horse Heaven Hills viticultural area covers portions 
of Klickitat, Yakima, and Benton counties north and west of the 
Columbia River and south of the Yakima Valley. The proposed area is 
about 115 miles east of Vancouver, Washington, and just south of 
Kennewick, Benton City, and Prosser, Washington. Running west from near 
the point where the Oregon--Washington State line leaves the Columbia 
River, the proposed area is about 60 miles long and 22 miles wide.
    The proposed area lies southeast of the established Yakima Valley 
viticultural area (27 CFR 9.69) and south of the smaller Red Mountain 
viticultural area (27 CFR 9.167). Like the Yakima Valley and Red 
Mountain areas, the proposed Horse Heaven Hills area is entirely within 
the larger, existing Columbia Valley viticultural area (27 CFR 9.74). 
The Walla Walla Valley viticultural area (27 CFR 9.91) lies about 30 
miles east of the proposed area, on the opposite side of the Columbia 
River.
    According to the petition, the Horse Heaven Hills are a series of 
south-facing slopes, which have the geographical characteristics of a 
watershed, with dozens of drainages running in a spoke pattern from the 
proposed area's north to its south along the Columbia River. The 
petitioner also states that the Horse Heaven Hills are unique due to 
the strong wind that blows through the Columbia River Valley, directly 
affecting the viticultural features of the region. The proposed Horse 
Heaven Hills viticultural area covers a total of 570,000 acres of open, 
dry plains and hills, of which 90 percent could be planted to wine 
grapes, according to the petitioner, if adequate irrigation were 
available.

Viticultural History

    According to the petition, growers have been raising grapes in the 
Horse Heaven Hills since 1972, when Don Mercer planted a 5-acre parcel 
of Cabernet Sauvignon at Phinny Hill, Washington. Between 1978 and 
1981, Stimson Lane planted 2,000 acres in Paterson, Washington, 
including Merlot, Cabernet Sauvignon, Gewurztraminer, Riesling, 
Sauvignon Blanc, and Grenache grapes. The first commercial wines from 
the proposed Horse Heaven Hills area were Mercer Ranch Vineyards' 
Cabernet Sauvignon, and St. Michelle's Gewurztraminer, Grenache Rose, 
and Cabernet Sauvignon, which were all produced in the mid 1980s.
    Significant plantings continued in the Horse Heaven Hills 
throughout the mid 1980s and the early 1990s, according to the 
petition. Plantings greatly accelerated after the vineyards in the 
Horse Heaven Hills survived the hard freeze of 1996, which destroyed 
much of Washington State's grape crop. Some of the more recent 
plantings are Alder Ridge Vineyard, Aldercreek Vineyards, Elerding 
Vineyard, and Minerva Vineyards. As of 2002, the petition notes, there 
are at least 20 vineyards, with over 6,040 acres planted, plus four 
commercial wineries within the proposed area.

Name Evidence

    The petitioner states that the range of hills in south-central 
Washington in which the proposed viticultural area is located has been 
continuously referred to as the Horse Heaven Hills since 1857. Before 
that time Native Americans called the area Wehopepum, while the early 
settlers referred to it as Klickitat

[[Page 3324]]

Prairie or Bedrock Springs Country. The petition notes that the hills' 
name is widely used and has survived attempts to officially change it 
to Benton Slope or Columbia Plains.
    According to the books ``Benton County Place Names'' and 
``Prosser--The Home County,'' James Kinney, a cattleman who was camping 
one night near Kiona, Washington, gave the hills their current name. 
Kinney awoke to find that his animals had wandered up a mountainside 
and into an upland plain where they were dining on succulent bunch 
grass. According to the books, he commented to himself, ``Surely this 
is Horse Heaven.''
    According to an untitled history of the region provided by the 
petitioner, the first official use of the name Horse Heaven in 
conjunction with this area dates to 1884 with the founding of the Horse 
Heaven School. This history also notes that the Horse Heaven Cemetery 
started in the garden of William Dennis, a local resident killed in a 
harvest accident in 1892. In addition, the petition notes that local 
newspapers such as the Prosser Falls American (circa 1893) often 
referenced the Horse Heaven Hills name, as did books written about the 
area such as ``Against Odds, A Personal Narrative of Life in Horse 
Heaven'' (K. Elizabeth Sihler, Concordia Publishing House, St. Louis, 
Missouri, 1917). More recently, the Yakima-Herald published an on-line 
wine article in 2001 that mentions the Horse Heaven Ranch.
    The American Automobile Association map for the States of Oregon 
and Washington, published February 2003, identifies the area as ``Horse 
Heaven Hills.'' The United States Geological Survey (USGS) and other 
official State maps and atlases, the petition also notes, consistently 
refer to this geologic formation as the ``Horse Heaven Hills.''

Boundary Evidence

    The petitioner states that the proposed Horse Heaven Hills 
viticultural area boundary is based on the area's topography and a 
combination of climate, terrain, and soil factors that differentiate 
the Horse Heaven Hills from surrounding geographic regions and the 
viticultural areas of Yakima Valley, Walla Walla Valley, Red Mountain, 
and Columbia Valley.
    The petitioner's proposed boundary follows the northern bank of the 
Columbia River west from the Interstate 82 bridge (near Umatilla, 
Oregon) to Pine Creek in Klickitat County. The boundary follows Pine 
Creek north to the 1,700-foot contour line, and then goes northeast to 
the ridge that separates the Horse Heaven Hills from the much lower 
Yakima Valley. The proposed boundary then generally follows that ridge 
northeasterly and then southeasterly, returning to the Columbia River's 
northern bank, to form the proposed area's northern and eastern sides.

Distinctive Features

    The petitioner states that the proposed Horse Heaven Hills 
viticultural area is a unique grape-growing region distinguished from 
the nearby, established viticultural areas of Yakima Valley, Red 
Mountain, and Walla Walla Valley, and from the larger, surrounding 
Columbia Valley viticultural area. In addition to the proposed area's 
topography, wind, annual heat units accumulation, precipitation, and 
soils also differentiate it from the surrounding viticultural areas, 
according to the petition.
Topography
    The proposed Horse Heaven Hills viticultural area is located in 
south-central Washington State, east of the Cascade Mountain Range and 
north and west of the Columbia River, which bisects part of the State. 
The 570,000 acres contained in the proposed viticultural area are 
generally south-sloping, open desert plains with the geographical 
characteristics of a watershed as dozens of drainages run north to 
south through the area in a wheel spoke pattern. Elevations range from 
1,800 feet at the area's northern boundary to 200 feet at its southern 
boundary along Columbia River.
    To the north and east, the Yakima Valley borders the proposed 
viticultural area. The crest of the Horse Heaven Hills and the steep 
slope and cliffs of the Yakima Valley form a natural boundary between 
the two regions. Only three Washington State Department of 
Transportation-maintained passes exist between the Horse Heaven Hills 
and the Yakima Valley, the petition notes. Extreme terrain and south- 
and southeast-facing slopes mark the area's western border. The 1,700-
foot elevation line creates a border that follows the drainages in a 
south-southwest line to Pine Creek and down to the Columbia River. The 
southern border is the Washington State shoreline of the Columbia 
River.
Wind
    Perhaps the most unique feature of the proposed Horse Heaven Hills 
viticultural area, according to the petition, is the amount of strong 
wind the area receives. Because of the area's proximity to the Columbia 
River, and because the Columbia Gorge acts as a funnel, the Horse 
Heaven Hills area receives significantly more wind than surrounding 
areas.
    In ``The Columbia Gorge Wind Funnel,'' an article in the July 2003 
issue of Weatherwise magazine (pages 104 through 107), Howard E. Graham 
of the National Weather Service's Portland, Oregon, office explains 
that the wind patterns through the Columbia Gorge are a function of the 
pressure differences between the west and east ends of this 120-mile 
long canyon. The Gorge surrounds the Columbia River between Bridal Veil 
to the west, and Arlington to the east. The article emphasizes that the 
rarely calm winds always flow along the axis of the Gorge. The Pacific 
winds from the west bring moderating, mild maritime air into the Gorge. 
Conversely, the continental high winds from the east bring dry air that 
is seasonably hot or cold. The heat of the Columbia Basin, according to 
the petitioner, draws these intense winds north over Horse Heaven Hills 
after they exit the Columbia Gorge.
    The proposed Horse Heaven Hills viticultural area records an 
average of 30 percent more annual Wind Run Miles (a unit of measurement 
for the force and speed of wind in one hour), the petition states, than 
the Walla Walla viticultural area to the east and the Yakima Valley 
viticultural area to the north. It has 20 percent more Wind Run Miles 
than the Red Mountain viticultural area, which is to the proposed 
area's immediate north. Annual Wind Run Miles (WRMs) within the 
proposed Horse Heaven Hills average 46,200. By comparison, the Walla 
Walla and Yakima Valley average 32,800 WRMs, while the Red Mountain 
area averages 36,700 WRMs annually.
    The wind's effect on viticulture is especially noted during the 
grapevines' bud-break to fruit-set period, according to a 1982 article, 
``Influence of Windbreaks and Climatic Region on Diurnal Fluctuation of 
Leaf Water Potential, Stomatal Conductance, and Leaf Temperature of 
Grapevines,'' by Freeman, Kliewer, and Stern in the American Journal of 
Enological Viticulture, vol. 33:233-236. The most-often observed 
consequences of the higher winds within the proposed Horse Heaven Hills 
viticultural area are a reduction in canopy size and density of grapes 
on the vines, and a reduction in vine disease, a result of the drying 
of wet plant surfaces on which fungal spores or bacteria may have 
landed. The petitioner contends that the amount of wind is a key factor 
in determining the amount of irrigation needed to allow the vines to 
grow without causing harm to the plants.

[[Page 3325]]

Temperature
    According to the petition, the proposed Horse Heaven Hills 
viticultural area is one of the warmest growing regions within the 
Columbia Valley region of Washington State. This is significant, the 
petitioner states, because of the dramatic impact a warm growing season 
has on harvest date and fruit quality. The petition notes that harvest 
time in the Horse Heaven Hills may start up to two weeks before the 
harvest in the Yakima Valley, 40 miles to the northwest. Further, the 
petitioner states, the growing season in the Horse Heaven Hills allows 
growers to ensure full maturity in mid- to late-season grape varieties 
while receiving the benefit of extended time on the vine. The length of 
the growing season produces unique fruit characteristics, the petition 
notes, resulting in many ``single vineyard'' designated wines. It also 
decreases the risk of fall frost and harvest time disease.
    The proposed Horse Heaven Hills viticultural area, according to the 
petition, accumulates on average 10 percent more Annual Heat Units (an 
index calculating the sum of the average daily temperatures above a 
threshold of 50 degrees F during the growing season) than the Yakima 
Valley and 5 percent more than Chelan, Washington, 120 miles to the 
north. The petition added that heat accumulation in the Horse Heaven 
Hills area is comparable to the Walla Walla Valley viticultural area 
but 10 percent less than the Red Mountain area to its immediate north. 
For example, the petition states that over the past ten years the Horse 
Heaven Hills area averaged an Annual Heat Unit accumulation of 2,801. 
By contrast, the areas surrounding Horse Heaven Hills had the following 
annual averages: Yakima Valley--2,568; Chelan--2,676; Red Mountain--
3,016; and Walla Walla--2,821.
Rainfall
    The petitioner states that central and eastern Washington State 
receives most of its annual rainfall in the winter months when 
grapevines are dormant. As a result, all grape-growing areas in this 
region require supplemental irrigation. However, the petition notes, 
the low amount of precipitation received during the growing season 
reduces the risk of harmful diseases that may occur in the vineyard. 
Further, the petitioner asserts that the low amount of water the 
grapevines in the Horse Heaven Hills area receive prevents excessive 
vine canopy growth, which may lead to grapes with vegetative flavors, 
excessive acidity, reduced color, and large berry size.
    The petition states that the proposed Horse Heaven Hills area 
receives significantly less rainfall than the Walla Walla Valley area 
to the east (about 45 percent less on average), and 30 percent less 
than Chelan, Washington, to the north. Annual rainfall within the 
proposed Horse Heaven Hills viticultural area averages 9 inches. By 
comparison, Walla Walla and Chelan average 19.7 and 13.2 inches of 
annual rainfall, respectively. The Yakima Valley averages 7.8 inches of 
annual rainfall.
Soils
    According to Alan Busacca of the Department of Crop and Soil 
Sciences, Washington State University, three dominant parent materials 
formed the soils in the proposed Horse Heaven Hills viticultural area: 
(1) Eolian sand and silt (wind blown dunes and loess); (2) sediments 
from giant glacial outburst floods, including gravelly alluvium and 
stratified fine sands and silts (slackwater sediments); and (3) hill 
slope rubble from the Columbia River Basalt bedrock. The soils of each 
State of Washington viticultural area are distinct, with variations in 
the proportion and distribution of the three parent materials noted 
above, according to Larry Meinert, Professor of Geology, Washington 
State University. The proposed Horse Heaven Hills viticultural area is 
farther south or west than the surrounding grape-growing areas (Walla 
Walla Valley, Yakima Valley, and Red Mountain), and given the westerly 
wind transport predominant in the area, as well as the direction of 
glacial floods, the grain size distribution of the soils in Horse 
Heaven Hills is different from that in the surrounding viticultural 
areas, according to the petitioner.
    The area's low annual precipitation and its hot summers weather the 
parent materials and soils. The soils found in the proposed 
viticultural area are mainly classified as Aridisols (desert soils) and 
Mollisols (prairie soils), which are formed from various combinations 
of the three parent materials, according to the Soil Survey Staff in 
``Soil Taxonomy, A Basic System of Soil Classification for Making and 
Interpreting Soil Surveys,'' (Second Edition, 1999, U.S.D.A. Natural 
Resources Conservation Service).

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, ``Horse Heaven Hills,'' will be recognized as a name of 
viticultural significance. In addition, with the establishment of the 
Horse Heaven Hills viticultural area, the name ``Horse Heaven'' 
standing alone will be considered a term of viticultural significance 
because consumers and vintners could reasonably attribute the quality, 
reputation, or other characteristic of wine made from grapes grown in 
the proposed Horse Heaven Hills viticultural area to the name Horse 
Heaven itself.
    The name evidence provided by the petitioner shows that the names 
``Horse Heaven Hills'' and ``Horse Heaven'' are often used 
interchangeably, and that the name ``Horse Heaven'' applies to places 
within the proposed area's boundary. We note in this regard that 
information contained in the Geographic Names Information System 
maintained by the U.S. Geological Survey, and a general search of 
relevant Internet websites, indicate that the name ``Horse Heaven'' is 
used for a populated place, a school, a cemetery, a ranch, a vineyard, 
an equine art gallery, an inn, and other places and businesses within 
or near the proposed viticultural area in south-central Washington 
State. See 27 CFR 4.39(i)(3), which also provides that a name has 
viticultural significance when determined by a TTB officer. Therefore, 
the proposed part 9 regulatory text set forth in this document 
specifies both ``Horse Heaven Hills'' and ``Horse Heaven'' as terms of 
viticultural significance for purposes of part 4 of the TTB 
regulations.
    If the proposed regulatory text is adopted as a final rule, wine 
bottlers using ``Horse Heaven Hills'' or ``Horse Heaven'' 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 full name or ``Horse Heaven'' as an 
appellation of origin.
    For a wine to be eligible to use as an appellation of origin a 
viticultural area name or other term specified as being viticulturally 
significant in part 9 of the

[[Page 3326]]

TTB regulations, at least 85 percent of the grapes used to make the 
wine must have been 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 as an appellation of 
origin a viticultural area name or other viticulturally significant 
term that 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 viticulturally significant term appears in another reference on 
the label in a misleading manner, the bottler would have to obtain 
approval of a new label. Accordingly, if a new label or a previously 
approved label uses the name ``Horse Heaven Hills'' or ``Horse Heaven'' 
for a wine that does not meet the 85 percent standard, the new label 
will not be approved, and the previously approved label will be subject 
to revocation, upon the effective date of the approval of the Horse 
Heaven Hills viticultural area.
    Different rules apply if a wine has a brand name containing a 
viticultural area name that was used as a brand name on a label 
approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.

Public Participation

Comments Invited

    We invite comments from interested members of the public on whether 
we should establish the proposed viticultural area. We are also 
interested in receiving comments on the sufficiency and accuracy of the 
name, boundary, climactic, and other required information submitted in 
support of the petition. In addition, we are interested in receiving 
comments on the proposal to identify ``Horse Heaven'' as a term of 
viticultural significance. Please provide any available specific 
information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Horse Heaven Hills viticultural area on brand labels that 
include the words ``Horse Heaven Hills'' or the words ``Horse Heaven'' 
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 anticipated 
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 conflicts, for 
example by adopting a modified or different name for the viticultural 
area.

Submitting Comments

    Please submit your comments by the closing date shown above in this 
notice. Your comments must include this notice number and your name and 
mailing address. Your comments must be legible and written in language 
acceptable for public disclosure. We do not acknowledge receipt of 
comments, and we consider all comments as originals. You may submit 
comments in any of five ways.
     By mail: You may send written comments to TTB at the 
address listed in the ADDRESSES section.
     By facsimile: You may submit comments by facsimile 
transmission to (202) 927-8525. Faxed comments must--
    (1) Be on 8\1/2\ 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.
     By e-mail: You may e-mail comments to [email protected]. 
Comments transmitted by electronic-mail must--
    (1) Contain e-mail address;
    (2) Reference this notice number on the subject line; and
    (3) Be legible when printed on 8\1/2\ x 11-inch size paper.
     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 ``Send comments via e-mail'' under this notice 
number.
     Federal e-Rulemaking Portal: To submit comments to us via 
the Federal e-rulemaking portal, visit http://www.regulations.gov and 
follow the instructions for submitting comments.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine, in light of all circumstances, whether to hold a public 
hearing.

Confidentiality

    All comments and other submitted materials are part of the public 
record and subject to disclosure. Do not enclose any material in your 
comments that you consider confidential or inappropriate for 
disclosure.

Public Disclosure

    You may view copies of this notice, the petition, the appropriate 
maps, and any comments we receive on this proposal by appointment at 
the TTB Library at 1310 G Street, NW., Washington, DC 20220. You may 
also obtain copies at 20 cents per 8.5- x 11-inch page. Contact our 
librarian at the above address or telephone (202) 927-2400 to schedule 
an appointment or to request copies of comments.
    For your convenience, we will post this notice and any comments we 
receive on the TTB Web site. We may omit voluminous attachments or 
material that we consider unsuitable for posting. In all cases, the 
full comment will be available in the TTB Library. To access 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.

Regulatory Flexibility Act

    We certify that this proposed regulation, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The proposed regulation imposes no new reporting, 
recordkeeping, or other administrative requirement. Any benefit derived 
from the use of a viticultural area name would be the result of a 
proprietor's efforts and consumer acceptance of wines from that area. 
Therefore, no regulatory flexibility analysis is required.

Executive Order 12866

    This proposed rule is not a significant regulatory action as 
defined by Executive Order 12866 (58 FR 51735). Therefore, it requires 
no regulatory assessment.

Drafting Information

    The principal author of this document is N.A. Sutton, Regulations 
and Procedures Division, Alcohol and Tobacco Tax and Trade Bureau.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, we propose to amend 
title 27, chapter 1, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

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

    Authority: 27 U.S.C. 205.

Subpart C--American Viticultural Areas

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

[[Page 3327]]

Sec.  9.------  Horse Heaven Hills.

    (a) Name. The name of the viticultural area described in this 
section is ``Horse Heaven Hills''. For purposes of part 4 of this 
chapter, ``Horse Heaven Hills'' and ``Horse Heaven'' are terms of 
viticultural significance.
    (b) Approved Maps. The appropriate maps for determining the 
boundaries of the Horse Heaven Hills viticultural area are 28 United 
States Geological Survey (USGS) 1:24,000 scale topographic maps. They 
are titled:
    (1) Umatilla Quadrangle, Oregon--Washington, 1993;
    (2) Irrigon Quadrangle, Oregon--Washington, 1993;
    (3) Paterson Quadrangle, Washington--Oregon, 1993;
    (4) West of Paterson Quadrangle, Washington--Oregon, 1993;
    (5) Boardman Quadrangle, Oregon--Washington, 1993;
    (6) Crow Butte Quadrangle, Washington--Oregon, 1993;
    (7) Golgotha Butte Quadrangle, Washington--Oregon, 1993;
    (8) Heppner Junction Quadrangle, Oregon--Washington, 1962, photo 
revised, 1970;
    (9) Wood Gulch Quadrangle, Washington--Oregon, 1962, photo revised 
1970, photo inspected 1975;
    (10) Crider Valley Quadrangle, Washington, 1962;
    (11) Douty Canyon Quadrangle, Washington, 1962;
    (12) Tule Prong Quadrangle, Washington, 1965;
    (13) Prosser SW Quadrangle, Washington, 1965, photo inspected 1975;
    (14) Mabton West Quadrangle, Washington, 1965;
    (15) Mabton East Quadrangle, Washington, 1965;
    (16) Prosser Quadrangle, Washington, 1965;
    (17) Whitstran Quadrangle, Washington, 1965;
    (18) Whitstran NE Quadrangle, Washington, 1965;
    (19) Corral Canyon Quadrangle, Washington, 1977;
    (20) Webber Canyon Quadrangle, Washington, 1965;
    (21) Badger Mountain Quadrangle, Washington, 1965, photo revised 
1978;
    (22) Taylor Canyon Quadrangle, Washington, 1965;
    (23) Johnson Butte Quadrangle, 1964, photo revised 1978;
    (24) Nine Canyon Quadrangle, 1964;
    (25) Wallula Quadrangle, 1992;
    (26) Juniper Canyon Quadrangle, 1966, photo revised 1978;
    (27) Juniper Quadrangle, 1993; and
    (28) Hat Rock Quadrangle, 1993.
    (c) Boundary. The Horse Heaven Hills viticultural area is located 
in portions of Benton, Klickitat, and Yakima Counties, Washington. The 
boundary of the Horse Heaven Hills viticultural area is described 
below:
    (1) Beginning on the Umatilla map at the intersection of Interstate 
Highway 82 and the north bank of the Columbia River in Benton County, 
Washington, proceed generally west (downstream) along the river's north 
bank, through the Irrigon, Paterson, West of Paterson, Boardman, Crow 
Butte, and Golgotha Butte maps, to the mouth of Pine Creek in section 
32, T4N/R22E, on the Heppner Junction map in Klickitat County;
    (2) Follow Pine Creek northwesterly (upstream) for approximately 
7.0 miles to the junction of Pine Creek and the western boundary of 
section 16, T4N/R21E, on the Wood Gulch map, and continue northerly 
along the section boundary to its intersection with East Road, and then 
continue northerly to the road's intersection with the 1,700-foot 
contour line, very near the southwestern corner of section 9, T4N, 
R21E;
    (3) From the intersection of East Road and the 1,700-foot contour 
line, proceed northeasterly along the meandering 1,700-foot contour 
line through, and crossing between, the Crider Valley and Douty Canyon 
maps (crossing Alder Creek, Stegeman Canyon, Spring Canyon, Sand Ridge, 
and Willow Creek) to the point where the 1,700-foot contour line 
intersects Sand Ridge Road in section 4, T5N, R22E, on the Douty Canyon 
map;
    (4) From that point, proceed north-northeasterly along the 
meandering 1,700-foot contour line, and, passing onto the Tule Prong 
map, cross Tule Canyon and Tule Prong, return briefly to the Douty 
Canyon map, then continue northeasterly along the meandering 1,700-foot 
contour line onto the Tule Prong map, crossing Dead Canyon, pass onto 
the Prosser SW map, and continue to the contour line's intersection 
with Alderdale Road in section 31, T7N/R23E, northeast of Coyote 
Canyon, on the Prosser SW map in Yakima County;
    (5) Follow Alderdale Road northwest, returning to the Tule Prong 
map, and continue northwest and then northerly along Alderdale Road to 
its intersection with Wandling Road in section 2, T7N/R22E;
    (6) From that intersection, proceed northeasterly in a straight 
line to the 2,011-foot peak near the northwest corner of section 1, 
T7N/R22E, on the Mabton West map, and continue northeasterly in a 
straight line to the 1,989-foot peak in the southeast corner of section 
36, T8N/R22E, on the Mabton East map;
    (7) From that peak, proceed easterly in a straight line through the 
1,860-foot benchmark along side Township Road in section 31, T8N/R23E, 
to the 2,009-foot peak in section 32; continue northerly in a straight 
line to the 2,011-foot peak in the same section, then proceed easterly 
to the 1,850 foot peak in the northwest quadrant of section 33, T8N/
R23E, then east-northeasterly to the 1,964-foot peak beside the western 
boundary of section 27, then east-northeasterly through the 2,031-foot 
peak in the northwest corner of section 26 to the 2,064-foot peak also 
in section 26;
    (8) From that peak, proceed east-southeast to the 2,093 foot peak 
in the northeastern quadrant of section 25, T8N/R23E on the Prosser 
map, then continue northeasterly in a straight line to the 2,193-foot 
peak of Horse Hill in the northeast corner of section 25, T8N/R23E; 
continue northeasterly in a straight line, crossing into Benton County, 
to the 2,107-foot peak in section 19, T8N/R24E, then easterly to the 
2,081-foot peak in section 21, then east-northeasterly through the 
1,813-foot peak near the northwest corner of section 13 to the 1,861-
foot peak marked with radio towers near the southern boundary of 
section 12;
    (9) From that peak, proceed northeasterly in a straight line to an 
unmarked 1,410-foot summit in the northeast corner of section 7, T8N/
R25E, on the Whitstran map; continue east-southeasterly to the 1,637-
foot peak in the center of section 8 and then north-northeasterly to 
the intersection of State Route 221 and Carter Road near the southeast 
corner of section 5;
    (10) Follow Carter Road northerly to the point where it becomes an 
unimproved road and continue northerly then easterly along the 
unimproved road to the 1,854-foot peak of Gibbon Hill in the northeast 
corner of the section 4, T8N/R25E;
    (11) From that peak, proceed east-northeasterly in a straight line 
through the 1,745-foot peak in section 35, T9N/R25E, to the 1,976-foot 
peak in section 36; continue east-northeasterly in a straight line onto 
the Whitstran NE map through the 1,808-foot peak in section 30, T9N/
R25E, to the 1,818-foot peak in the same section.
    (12) From that peak, proceed due north in a straight line to the 
jeep trail above the 1,750-foot contour line near the northeast corner 
of section 30, T9N/R26E;
    (13) Follow the jeep trail east-northeasterly to the 2,046-foot 
peak of Chandler Butte in section 21, T9N/R26E; continue east-
northeasterly and then southeasterly along the jeep trail

[[Page 3328]]

through sections 22 and 23, T9N/R26E, on the Corral Canyon map, to the 
intersection of the jeep trail and McBee Grade road near the gravel pit 
in the southeast corner of section 23, T9N/R26E, on the Whitstran NE 
map;
    (14) From that point, proceed southeasterly in a series of straight 
lines through the 1,689-foot peak in the southeast corner of section 
23, T9N/R26E, the 1,826-foot peak in section 25, and, on the Webber 
Canyon map, the 1,927-foot and 1,845-foot peaks in section 30, T9N/
R27E, and the 1,808-foot peak in section 31 to the 1,745-foot peak in 
section 32;
    (15) From the 1,745-foot peak, proceed due south in a straight line 
to line's first intersection with the 1,450-foot contour line in 
section 32, T9N/R27E;
    (16) Follow the meandering 1,450-foot contour line generally south 
and then north around Webber Canyon to the contour line's second 
intersection with the northern boundary of section 17, close to its 
northeast corner, T8N/R27E;
    (17) Proceed east along the northern boundary of sections 17 and 16 
to the boundary's intersection with the 1,500-foot contour line just 
northwest of Henson Road, T9N/R27E;
    (18) Follow the meandering 1,500-foot contour line easterly to its 
intersection with the eastern boundary of section 15, T8N/R27E;
    (19) Proceed due south along the eastern boundary of section 15 to 
its intersection with the 1,550-foot contour line;
    (20) Follow the meandering 1,550-foot contour line southeasterly to 
its second intersection with the northern boundary of section 23, T8N/
R27E;
    (21) Proceed due east along the northern boundary of sections 23 
and 24 to the boundary's intersection with the 1,600-foot contour line;
    (22) Follow the meandering 1,600-foot contour line easterly onto 
the Badger Mountain map to the contour line's intersection with the 
R27E/R28E range line (the eastern boundary of section 24, T8N/R27E);
    (23) Proceed 1,500 feet due south along the R27E/R28E range line to 
the line's intersection with the 1,700-foot contour line;
    (24) Follow the meandering 1,700-foot contour line easterly then 
southerly to its intersection with an unimproved road in the south-
central portion of section 31, T8N/R28E, and proceed southwesterly 
along the unimproved road to its intersection with Smith Road near the 
northern boundary of section 6, T7N/R28E;
    (25) Continue southerly along Smith Road to the road's intersection 
with Clodfelter Road at the southern boundary of section 6, T7N/R28E, 
on the Taylor Canyon map;
    (26) Proceed east on Clodfelter Road to its intersection with 
Williams Road at the eastern boundary of section 5, T7N/R28E, and 
continue east on Williams Road to its intersection with the 1,800-foot 
contour line in section 4, T7N/R28E;
    (27) Follow the meandering 1,800-foot contour line southerly then 
easterly to the contour line's junction with the northeast corner of 
section 15, T7N/R28E;
    (28) From that point, proceed east-southeasterly in a straight line 
to the 1,680-foot benchmark in section 17, T7N/R29E, on the Johnson 
Butte map, and continue east-northeasterly in a straight line through 
the 2,043-foot peak of Johnson Butte to the 2,220-foot peak of Jump Off 
Joe summit;
    (29) From that point, proceed southeasterly in a straight line, 
through the Nine Canyon map, to the 343-foot benchmark beside Palmer 
Pond in section 13, T6N/R30E, and to the north bank of the Columbia 
River on the Wallula map; and
    (30) Follow the north bank of the Columbia River westerly 
(downstream), through the Juniper Canyon, Juniper, and the Hat Rock 
maps, to the beginning point at the intersection of Interstate Highway 
82 and the north bank of the Columbia River on the Umatilla map.

    Signed: January 10, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-1190 Filed 1-21-05; 8:45 am]
BILLING CODE 4810-31-P