[Federal Register Volume 70, Number 96 (Thursday, May 19, 2005)]
[Proposed Rules]
[Pages 28861-28865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10009]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 46]
RIN 1513-AB01


Proposed Establishment of the Wahluke Slope Viticultural Area 
(2005R-026P)

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 ``Wahluke Slope'' viticultural area in Grant County, in 
eastern Washington

[[Page 28862]]

State. The proposed 81,000-acre area is totally 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: We must receive written comments on or before July 18, 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. 46, P.O. Box 14412, 
Washington, DC 20044-4412.
     202-927-8525 (facsimile).
     [email protected] (e-mail).
     http://www.ttb.gov/alcohol/rules/index.htm. An online 
comment form is posted with this notice on our Web site.
     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 about this notice 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 copies of the 
notice and comments online 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, Regulations and 
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 925 
Lakeville St., No. 158, Petaluma, California 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 consumers with adequate information regarding product 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 the TTB regulations (27 CFR part 4) allows the 
establishment of definitive viticultural areas and the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains 
the list of approved viticultural areas.

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries 
of which have been recognized and defined in part 9 of the regulations. 
These designations allow vintners and consumers to attribute a given 
quality, reputation, or other characteristic of a wine made from grapes 
grown in an area to its geographical origin. The establishment of 
viticultural areas allows vintners to describe more accurately the 
origin of their wines to consumers and helps consumers to identify 
wines they may purchase. Establishment of a viticultural area is 
neither an approval nor an endorsement by TTB of the wine produced in 
that area.

Requirements

    Section 4.25(e)(2) of the TTB regulations outlines the procedure 
for proposing an American viticultural area and provides that any 
interested party may petition TTB to establish a grape-growing region 
as a viticultural area. Section 9.3(b) of the TTB regulations requires 
the petition to include--
     Evidence that the proposed viticultural area is locally 
and/or nationally known by the name specified in the petition;
     Historical or current evidence that supports setting the 
boundary of the proposed viticultural area as the petition specifies;
     Evidence relating to the geographical features, such as 
climate, elevation, physical features, and soils that distinguish the 
proposed viticultural area from surrounding areas;
     A description of the specific boundary of the proposed 
viticultural area, based on features found on United States Geological 
Survey (USGS) maps; and
     A copy of the appropriate USGS map(s) with the proposed 
viticultural area's boundary prominently marked.

Wahluke Slope Petition

    The Wahluke Slope Wine Grape Growers Association, represented by 
Alan J. Busacca, PhD, proposes the establishment of the 81,000-acre 
Wahluke Slope viticultural area. Located in Grant County in eastern 
Washington State, the proposed area is approximately 145 miles 
southeast of Seattle and immediately north of the Hanford Reservation 
of the United States Department of Energy (USDOE), as shown on the 
American Automobile Association (AAA) State Series map for Oregon and 
Washington, February 2003 edition. The proposed Wahluke Slope area is 
also entirely within the existing Columbia Valley viticultural area (27 
CFR 9.74). The petition states there are currently 5,200 acres of 
vineyard land within the proposed area, as of the November 2004 
petition date.
    The petition lists the major distinguishing factors of the proposed 
Wahluke Slope viticultural area as including its single landform and 
geographic isolation, distinctive soil patterns, and unique climatic 
characteristics. The petition also explains how this combination of 
distinguishing factors creates a distinctive grape-growing region.

Name Evidence

    The USGS quadrangle maps of Priest Rapids and Coyote Rapids label 
the region within the proposed viticultural area as Wahluke Slope. The 
AAA State Series map for Oregon and Washington, February 2003 edition, 
shows Wahluke Slope north of the Hanford Reservation. The 2002 edition 
of the DeLorme Washington Atlas and Gazetter, included in the petition, 
indicates Wahluke Slope in the region of the proposed viticultural 
area.
    The 2002 Washington Wine Grape Acreage Survey, by the Washington 
Agricultural Statistics Service, identifies the Wahluke Slope area 
within the larger Columbia Valley viticultural area, according to 
documentation provided in the petition. Also, the April 19, 1999, 
edition headline of the ``Hanford Reach,'' a USDOE publication, stated 
that Secretary of Energy Bill Richardson proposed to preserve a portion 
of the Wahluke Slope area along the Columbia River. A Grant County 
Tourism Press Room release dated March 24, 2004, which was included 
with the petition, describes the scenery and recreational opportunities 
in the Wahluke Slope area.

Boundary Evidence

    The Wahluke Slope sits on a mega alluvial plain, also known as an 
alluvial fan, the petition explains. The proposed boundary line 
encompasses the entire portion of the mega fan potentially available 
for vineyard development, including all land held in private ownership 
and small amounts of government-owned land, the petition adds. Also, 
according to the petition, the Wahluke Slope area is an isolated island 
of wine grape production, with no

[[Page 28863]]

known vineyards within five miles, in any direction, beyond the 
proposed boundary line.
    Generally, lands to the east, south and west of the proposed 
Wahluke Slope area's boundary line are Federal-owned or State-owned 
property, according to the petition and USGS maps of the area. To the 
north, the Saddle Mountains flank the proposed area's 1,480-foot 
boundary line.
    According to the petition, to the southeast of the proposed Wahluke 
Slope viticultural area, the land has a high water table, cold air 
pockets, and frost, which create an environment unsuitable for vineyard 
production. To the south of the proposed boundaries is the Hanford 
Reservation. The petition states that the classified activities and 
history of the reservation make it unsuitable for agricultural 
development. To the west of the Wahluke Slope area, and across the 
Columbia River, are steeply sloping, rugged canyons. The soils are 
shallow, stony, and unsuitable for any crop, as the petition explains 
and the USGS topographic maps confirm. Also, to the north, beyond the 
proposed area's 1,480-foot boundary line, the Saddle Mountains have 
high elevation bedrock slopes, no irrigation access, and non-
agricultural soils.
    The combination of terrain with unsuitable growing environments and 
government-owned lands surrounding the proposed Wahluke Slope 
viticultural area, in conjunction with the distinguishing viticultural 
factors of the area, makes the proposed boundary line the best and most 
appropriate for the proposed Wahluke Slope viticultural area, the 
petition emphasizes.

Distinguishing Features

    The Wahluke Slope region is situated on the Columbia Plateau in 
eastern Washington, which is bordered by the Rocky Mountains on the 
north and east, the Blue Mountains to the south, and the Cascade 
Mountains to the west. The proposed Wahluke Slope viticultural area 
sits on the south-facing benchlands of the Saddle Mountains.
Topography
    The proposed Wahluke Slope viticultural area's elevation varies 
from 425 feet along the Columbia River to 1,480 feet on the south slope 
of the Saddle Mountains, as shown on USGS maps and stated in the 
petition. Also, most of the proposed area's vineyards are between 425 
feet and 1,000 feet in elevation.
    The proposed Wahluke Slope viticultural area is geographically 
isolated from other wine production areas in the State of Washington, 
the petition explains. Wahluke Slope is immediately bounded by the 
bedrock ridge of the Saddle Mountains, the Columbia River, and U.S. 
national monument lands, providing isolation and a separate 
viticultural identity, according to the petition.
    The proposed Wahluke Slope viticultural area, the petition 
explains, sits on a mega alluvial fan, a single landform geographical 
area, extending 15 miles in length. Other viticultural areas in 
Washington State, according to the petition, have more diverse and 
complex geographic areas, with the possible exception of the much 
smaller Red Mountain area (27 CFR 9.167).
    The south-facing Wahluke Slope landform has relatively flat 
agricultural sites that allow for viticultural uniformity in plant 
vigor and ripening, the petition explains. Also, the mega fan 
eventually drops away several hundred feet on three sides, providing 
good air drainage from spring and fall freezes.
Soils
    Ice-age events played an important role in the formation of soils 
in the proposed viticultural area, the petition explains. When the Lake 
Missoula glacial ice dam repeatedly failed, large water floods flowed 
across eastern Washington depositing gravel bars and fine-grained sandy 
and silty sediments. Winds reworked the glacial sediments to form dunes 
of sand and loess (the silty sediment accumulated from the fallout of 
dust). These sediments range in thickness from a few inches to many 
feet deep, the petition states. Soils of the proposed Wahluke Slope 
viticultural area have formed predominantly from deep wind-blown sand, 
averaging greater than 60 inches in depth, the petition explains. To a 
lesser extent, some soils have formed from the wind-blown sand or silty 
loess sediments of the giant glacial floods.
    Wahluke Slope soils are distinctive by their uniformity over large 
areas, the petition explains. The Quincy-Burbank-Hezel soil series, 
which covers more than half the proposed viticultural area, encompasses 
a contiguous area of several square miles as documented in the Soil 
Survey of Grant County, Washington, Gentry, 1984, on map sheets 163, 
164, and 169. The petition notes that this uniformity contrasts to the 
soil variability of some nearby regions, including the Red Mountain 
viticultural area and the Canoe Ridge area of the Horse Heaven Hills 
region. Other soils series within the proposed boundaries that are 
documented in the Soil Survey of Grant County include Sagemoor-
Kennewick-Warden, Taunton-Timmerman-Quincy, Scoon-Taunton-Finley, and 
several others with small acreages.
    Wahluke Slope soils are unique, the petition explains, with their 
smooth landform shape, shallow slope angle that averages less than 8 
percent, and predominant south-facing orientation at the top of the 
flood mega fan. This smooth landform, the petition adds, results in 
consistent climate variability across the proposed viticultural area.
Climate
    The petition uses Wahluke Slope area climatic statistics available 
from Washington's Public Agricultural Weather System (PAWS) Web site, 
accessed April 5, 2004. Information for the petition generally spans 10 
years--1994 through 2003--as available, according to the petition.
    Precipitation in the proposed Wahluke Slope viticultural area 
averages 5.9 inches annually, making it the driest in that region of 
east Washington, according to PAWS. Also, the area has the lowest 
harvest rainfall average for the weather stations compared. The 
viticultural advantages, the petition explains, include irrigation 
control during the growing season and low potential of harmful rainfall 
at harvest.
    Pan evapotranspiration (Etp) in the Wahluke Slope area ranks first 
in the nine PAWS stations used. The petition explains that 
photosynthesis and transpiration, which are key factors in grape 
production, are the highest in the Wahluke Slope area as compared to 
other selected stations in Washington. Wahluke Slope averages 3,013 
growing degree-day units annually. (During the growing season, one 
degree day accumulates for each degree Fahrenheit that a day's average 
temperature is above 50 degrees, which is the minimum temperature 
required for grapevine growth. See ``General Viticulture,'' by Albert 
J. Winkler, University of California Press, 1974.)
    The Wahluke Slope area ranks third highest in mean maximum 
temperature, mean annual temperature, and solar radiation, according to 
PAWS data. The petition explains that these temperatures confirm 
Wahluke Slope as a grape-growing hot spot within Washington. Finally, 
Wahluke Slope is the third windiest site evaluated, which affects grape 
plant growth, causing shorter shoot length, smaller leaf size, and 
fewer and smaller grape clusters.

Boundary Description

    See the narrative boundary description of the petitioned-for 
viticultural area in the proposed

[[Page 28864]]

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, ``Wahluke Slope,'' will be recognized as a name of viticultural 
significance.
    In addition, with the establishment of the Wahluke Slope 
viticultural area, the name ``Wahluke'' 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 Wahluke 
Slope viticultural area to the name Wahluke itself. We note in this 
regard that information contained in the Geographic Names Information 
System maintained by the USGS, and a general search of relevant 
Internet Web sites, including the Wahluke School District, Wahluke High 
School, Wahluke Branch Canal and Wahluke Branch Ten Wasteway (canal), 
reveal that the name ``Wahluke'' is not used in many different 
geographic contexts throughout the United States but rather appears to 
apply in particular to the area in the State of Washington encompassed 
by the proposed Wahluke Slope viticultural area. Based on the evidence 
submitted, we find that ``Wahluke'' alone is locally and/or nationally 
known as referring to the area in the State of Washington encompassed 
by the proposed Wahluke Slope viticultural area. 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 ``Wahluke Slope'' and ``Wahluke'' as terms of 
viticultural significance for purposes of part 4 of the TTB 
regulations. If this proposed text is adopted as a final rule, wine 
bottlers using ``Wahluke Slope'' or ``Wahluke'' 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 
``Wahluke Slope'' or ``Wahluke'' 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 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(a)(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 ``Wahluke Slope'' or 
``Wahluke'' 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 Wahluke Slope 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, climatic, boundary and other required information submitted in 
support of the petition. In addition, we are interested in receiving 
comments on the proposal to identify ``Wahluke'' 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 Wahluke Slope viticultural area on brand labels that include 
the words ``Wahluke Slope'' or the word ``Wahluke'' 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 (including ``Wahluke'' alone) 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 one of five ways:
     Mail: You may send written comments to TTB at the address 
listed in the ADDRESSES section.
     Facsimile: You may submit comments by facsimile 
transmission 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 no more than five pages long. This limitation assures 
electronic access to our equipment. We will not accept faxed comments 
that exceed five pages.
     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.
     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 e-mail'' link 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 submitted material is part of the public record and subject to 
disclosure. Do not enclose any material in your comments that you 
consider confidential or inappropriate for public disclosure.

Public Disclosure

    You may view copies of this notice, the petition, the appropriate 
maps, and

[[Page 28865]]

any comments we receive 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 by telephone at 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 this proposal 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 
online copies of this notice and the posted comments, 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, will 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

    N.A. Sutton of the Regulations and Procedures 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 27 
CFR, 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.
    2. Amend subpart C by adding Sec.  9.---- to read as follows:

Subpart C--Approved American Viticultural Areas


Sec.  9.----  Wahluke Slope.

    (a) Name. The name of the viticultural area described in this 
section is ``Wahluke Slope''. For purposes of part 4 of this chapter, 
``Wahluke Slope'' and ``Wahluke'' are terms of viticultural 
significance.
    (b) Approved Maps. The appropriate maps for determining the 
boundaries of the Wahluke Slope viticultural area are eight United 
States Geological Survey (USGS) 1:250,000 scale, topographic maps. They 
are titled:
    (1) Beverly Quadrangle, Washington, 1965;
    (2) Beverly SE Quadrangle, Washington--Grant Co., 1965;
    (3) Smyrna Quadrangle, Washington--Grant Co., Provisional Edition 
1986;
    (4) Wahatis Peak Quadrangle, Washington--Grant Co., Provisional 
Edition 1986;
    (5) Coyote Rapids Quadrangle, Washington, Provisional Edition 1986;
    (6) Vernita Bridge Quadrangle, Washington, Provisional Edition 
1986;
    (7) Priest Rapids NE Quadrangle, Washington, Provisional Edition 
1986; and
    (8) Priest Rapids Quadrangle, Washington, 1948; photo revised 1978.
    (c) Boundary. The Wahluke Slope viticultural area is located in 
Grant County, Washington. The boundary of the Wahluke Slope 
viticultural area is as described below:
    (1) The beginning point is at the northwest corner of the proposed 
viticultural area where the east bank of the Columbia River intersects 
with the north boundary line of section 22, T15N/R23E, on the Beverly 
map;
    (2) From the beginning point proceed straight east 1.5 miles to the 
intersection of the section 23 north boundary line and the 1,480-foot 
elevation line, T15N/R23E, Beverly map; then
    (3) Proceed generally east along the meandering 1,480-foot 
elevation line, pass the Beverly map, continue across the Beverly SE 
map and the Smyrna map, and pass onto the Wahatis Peak map to the 
intersection of the 1,480-foot elevation line and the eastern boundary 
line of section 15, which forms a portion of the boundary line of the 
Hanford Site, T15N/R26E, Wahatis Peak map; then
    (4) Proceed generally southwest along the Hanford Site boundary in 
a series of 90 degree angles, crossing a portion of section 36, T15N/
R25E, on the Coyote Rapids map, continuing across the Vernita Bridge 
map, and passing onto the Priest Rapids NE map, and continue to the 
intersection of the Hanford Site Boundary and the north bank of the 
Columbia River, section 10, T13N/R24E, Priest Rapids NE map; then
    (5) Proceed generally west along the north bank of the Columbia 
River, crossing onto the Priest Rapids map and, turning north-
northwest, continue along the river bank and, crossing onto the Beverly 
map, return to the beginning point at the intersection of the east bank 
of the Columbia River and the north boundary line of section 22, T15N/
R23E, Beverly map.

    Signed: April 27, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-10009 Filed 5-18-05; 8:45 am]
BILLING CODE 4810-31-P