[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Proposed Rules]
[Pages 31396-31401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10880]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 47]
RIN 1513--AA77


Proposed Establishment of the Rattlesnake Hills Viticultural Area 
(2004R-678P)

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 Rattlesnake Hills viticultural area in Yakima County in 
south central Washington State. The proposed 68,500-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 August 1, 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. 47, 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 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.

[[Page 31397]]

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 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, soils, elevation, and physical features, that distinguish the 
proposed viticultural area from surrounding areas;
     A description of the specific boundary of the proposed 
viticultural area, based on features found on United States Geological 
Survey (USGS) maps; and
     A copy of the appropriate USGS map(s) with the proposed 
viticultural area's boundary prominently marked.

Rattlesnake Hills Petition

    Mr. Gail Puryear, on behalf of himself and ten vineyard and winery 
owners, submitted a petition to TTB proposing the establishment of the 
68,500-acre Rattlesnake Hills viticultural area. It is within the 
Yakima Valley viticultural area (27 CFR 9.69), which is inside the 
larger Columbia Valley viticultural area (27 CFR 9.74). As of 2005, the 
proposed Rattlesnake Hills viticultural area has 1,227 acres of vines 
in commercial production, according to the petition.
    The Rattlesnake Hills name is well documented on State and national 
maps, including a 1910 USGS map. The proposed boundaries encompass the 
Rattlesnake Hills name recognition area and the distinguishing features 
of the region, including topography, soils, and climate.
    The south central region of Washington State, home to the 
Rattlesnake Hills, includes the existing viticultural areas of Red 
Mountain, Yakima Valley, Walla Walla Valley, and Columbia Valley. The 
Walla Walla Valley and Columbia Valley viticultural areas extend from 
southern Washington into northern Oregon.

Name Evidence

    The USGS maps for Elephant Mountain, Yakima East, Wapato, Granger 
NE, Granger NW, and Toppenish all identify the Rattlesnake Hills in 
Yakima County, Washington. The American Automobile Association (AAA) 
map for the Oregon and Washington State Series, published February 
2003, shows Rattlesnake Hills in south central Washington, between the 
towns of Yakima and Kennewick. The Washington State Highways 1996-1997 
map, published by the Washington State Department of Transportation, 
shows the Rattlesnake Hills area to the east and west of Highway 241 
and south of Highway 24.
    The 1910 USGS Zillah map, reprinted in 1935, identifies Rattlesnake 
Hills along the T12N and T11N township line in ranges R21E and R22E. 
The map shows no human habitation in the Rattlesnake Hills area, with 
the settlements of Zillah, Granger, and Sunnyside to the south, along 
the Yakima River.
    A Sunset magazine article in its August 1997 edition, ``Bringing 
home the Harvest--Pacific Northwest,'' by Jim McCausland, describes a 
tour that includes the Yakima, Washington, area and mentions 
Rattlesnake Hills. The article describes the Roza Canal at the base of 
the orchard- and vineyard-covered Rattlesnake Hills.

Boundary Evidence

    The proposed Rattlesnake Hills viticultural area, the petition 
explains, is an isolated grape-growing region with boundaries defined 
by the area's distinctive climate, soils, and topography. The 
Rattlesnake Hills name applies to the entire area within the proposed 
boundaries, as found on the USGS maps provided with the petition.
    Nancy B. Hultquist, Ph.D., professor of Geography and Land Studies 
at Central Washington University in Ellensburg, and John F. Hultquist, 
Ph.D., former Adjunct Assistant Professor of Geography, Central 
Washington University, prepared the Rattlesnake Hills area's boundary 
documentation and geographical evidence for the viticultural area 
petition. This information is provided below.
    The proposed Rattlesnake Hills viticultural area, within the larger 
Yakima Fold Belt, includes a series of asymmetrical anticlines with 
generally east-west trending, separated by basins. Also, the 
Rattlesnake Hills range has a steep north-facing side with a gentler 
south-facing slope. The south side of the range is the northern most 
region of the proposed viticultural area.
    The petition's written boundary description and accompanying USGS 
maps define the proposed Rattlesnake Hills viticultural area 
boundaries. The proposed north boundary line of the viticultural area 
approximates the range's ridgeline, separating the range's south side 
from the north side. The proposed east boundary line follows the 
120[deg] west longitude line and (Bonneville) power lines. The proposed 
south boundary line meanders along the Sunnyside Canal, which flows 
southeast from the Yakima River. The terrain to the north of the 
Sunnyside Canal, and within the proposed boundaries, is hilly and 
characterized by ridge spurs to the north of the canal. Finally, the 
proposed west boundary line is a combination of the Sunnyside Canal and 
Interstate Highway 82.
    Elevation is a primary distinguishing feature of the proposed 
Rattlesnake Hills viticultural area, the petition states. The proposed 
boundary line, at a minimum 850 feet in elevation, generally 
corresponds to the upslope of the foothills, as depicted on the USGS 
maps provided with the petition. Viticulture is considered possible 
with irrigation between 850 feet and 2,000 feet in elevation, the 
petition specifies.
    Regional elevations below the 850-foot contour line are not 
conducive to successful viticulture based on damaging spring and fall 
frosts, heavy winterkill conditions, alkali soils and high water 
tables. As evidence, the petition states that vineyards planted in the 
region at elevations below 850 feet failed after years of struggle. The 
petition includes as an example the

[[Page 31398]]

Thalheimer vineyard project, two miles south of Sunnyside Canal and 
close to the city of Granger, which is below 850 feet in elevation. The 
project lasted ten years, but experienced continued vine damage from 
winterkill conditions. Also, in another example presented, William 
Pettit planted chardonnay grapes west of Toppenish on the valley floor, 
seven miles south of the proposed Rattlesnake Hills viticultural area. 
The vineyard suffered annual winterkill caused by vines reaching down 
to perennial water. After only three successful vintages in six years, 
Mr. Pettit removed the vineyard in 1987.

Distinguishing Features

    The proposed Rattlesnake Hills viticultural area's distinguishing 
features include its geographical orientation among large and small 
mountain ranges, hillside topography, moderate microclimate, and soils 
unique to the area.
Geography
    The Cascade Range, rising to about 6,000 feet in elevation, runs 
north to south and divides eastern and western Washington State, as 
shown on USGS maps and the AAA map for the Oregon and Washington State 
Series. The high Cascade Range altitudes protect eastern Washington 
from much of the Pacific Ocean's temperature influence and rainfall, 
the petition explains.
    The Rattlesnake Hills, which vary in elevation from 850 feet to 
3,085 feet, create a north flank to the Toppenish Creek/Yakima Valley 
floor at its immediate south, according to USGS maps and the petition. 
Also, south central Washington has a series of smaller east-west 
mountain ranges between the Cascade Range and the Columbia River.
Topography
    The Rattlesnake Hills range is oriented east to west. The ridgeline 
has dissected canyons, terraces, and ridges running south off the main 
ridge to the Yakima River, as the petition explains and the USGS maps 
depict. Vineyards are usually on ridges and terraces, and in areas with 
good air drainage, which lessens frost and winterkill conditions.
    The proposed Rattlesnake Hills viticultural area topography 
includes a multitude of landscapes with differing aspect and hill slope 
positions, the petition explains. Also, low glacial terraces comprise 
the balance of the terrain found within the proposed viticultural area. 
Beyond the proposed boundaries, the rest of the Yakima Valley 
viticultural area, which surrounds the proposed viticultural area on 
the east, south and west sides, has a more open and consistent 
landscape when compared to the Rattlesnake Hills area.
Climate
    The Rattlesnake Hills viticultural area petition includes data 
collected from eleven weather stations in the south central Washington 
State region, operated by Washington State University (WSU) under the 
Public Agricultural Weather System (PAWS). Two of the stations, the 
petition explains, are within the proposed viticultural area. Petition 
documentation shows the Buena station at 900 feet in elevation and the 
Outlook station at 1,300 feet in elevation, both within the proposed 
boundaries. The other nine stations are beyond the proposed Rattlesnake 
Hills boundaries, but within the south central Washington State region, 
according to the petition.
    The weather data provides an annual average and a 10-year average 
of the growing degree-day summary for each station, in most cases. (A 
degree-day is each degree of a day's mean temperature that is above 50 
degrees Fahrenheit, which is the minimum temperature required for 
grapevine growth; see ``General Viticulture,'' Albert J. Winkler, 
University of California Press, 1975.)
    The chart below shows a 10-year average of the growing degree-day 
summary for each of the PAWS stations.

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                                             Degree-day units,
              Weather station                  10-year annual      Location related to  Rattlesnake Hills area
                                                  average
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Parker.....................................               3133  1 mile west.
Wapato.....................................               2540  7 miles west.
Moxee......................................               2096  2 miles north.
Sunnyside..................................               2498  2.5 miles east.
Port of Sunnyside..........................               2554  6 miles southeast.
WSU Roza...................................               2552  11 miles southeast.
WSU HQ.....................................               2588  14 miles southeast.
Benton City................................               3036  30 miles southeast.
Badger Canyon..............................               3297  40 miles southeast.
Buena......................................               2683  In Rattlesnake Hills.
Outlook....................................               2870  In Rattlesnake Hills.
----------------------------------------------------------------------------------------------------------------

    The degree-day temperatures within the proposed Rattlesnake Hills 
viticultural area vary significantly from the surrounding regions, 
according to PAWS data. Growing season temperatures are especially 
warmer in the Red Mountain viticultural area to the east of the 
proposed viticultural area around Badger Canyon and Benton City. Also, 
the areas between the Rattlesnake Hills region and Red Mountain have 
much cooler growing seasons, as documented by the Port of Sunnyside and 
WSU Roza weather stations.
    The Canadian-Polar air brought into eastern Washington by 
northeastern winds can kill the vines, according to the petition. The 
proposed Rattlesnake Hills viticultural area is protected from these 
damaging winds by the Umptanum Ridge, Yakima Ridge, and Rattlesnake 
Hills that lie to the northeast. The ridges and hills divert the 
chilling winds eastward toward the Red Mountain and Walla Walla 
viticultural areas.
Soil
    The soils of the proposed Rattlesnake Hills viticultural area 
differ from soils in other Washington State viticultural areas, 
according to the petition. The formation of the soils in the 
Rattlesnake Hills area was influenced by glacial fluvial (water 
transported) and eolian (wind transported silty loess) soils. The lower 
layer formation influences include volcanic cobbles and tuffaceous 
sands from the Ellensburg Formation.
    The Rattlesnake Hills elevations at or above 1,100 feet perch 
beyond the influence of the Missoula Floods, according to the petition. 
Soils above the flooding influence developed on older volcanic 
sediments of the Ellensburg Formation. The soil parent materials 
weathered in a climate with 6 to 12 inches of rainfall annually and a

[[Page 31399]]

dry summer. The two main soil classifications include Aridosols (desert 
soils) and Mollisols (prairie soils), according to the ``U.S. Soils 
Taxonomy'' (Soil Survey Staff, 1999; Boling, Frazier, and Busacca, 
1998).
    The Rattlesnake Hills soil is silt-loam or loam at the upper 
elevations, the petition notes. The characteristic soil textures 
contrast to the sand, loamy sand, and sand textures of the nearby 
Prosser Flats, Red Mountain, and Horse Heaven Hills regions.
    The primary soils suitable for viticulture within the Rattlesnake 
Hills area include the Warden Series silt loams and a composite of 
Harwood-Burke-Wiehl series silt loams. The Warden Series soils, which 
are very deep and well drained, occupy terraces underlain by glacial 
fluvial sediments. Also, the Harwood-Burke-Wiehl series, a complex 
composition of three distinctively different soils, occupies the ridge 
tops and side slopes of steep hills. The three-soil composition forms 
from loess (wind-blown, silt-sized material) that overlies remnants of 
the Ellensburg Formation. The composition is common within the 
Rattlesnake Hills area, the petition notes, but is seldom found 
elsewhere in the Yakima Valley region. Also, the soil is shallow, which 
is in contrast to the uniformly deep, silt-loamy and sandy soils found 
in the balance of the Yakima Valley viticultural area.
    Other soils in the proposed Rattlesnake Hills viticultural area 
include the Kiona silt loam series in the northwest corner, the 
petition states. Also, along the top of the Rattlesnake Ridge, the 
Lickskillet series silt loam and the Starbuck series provide a suitable 
viticultural environment when irrigation is available.
    Common soil characteristics within the proposed Rattlesnake Hills 
viticultural area include a mesic soil regime, the petition states. The 
annual soil temperature is between 8 degrees Centigrade and 15 degrees 
Centigrade. Mean summer soil temperatures vary between 15 degrees 
Centigrade and 22 degrees Centigrade. Also, the soil pH is consistent, 
ranging from neutral at pH 6.6 to mildly alkaline at pH 8.4.
    The topsoil layer is generally formed by loess and lesser amounts 
of volcanic ash, according to the petition. When Mount St. Helens 
erupted in 1980, the Rattlesnake Hills region received between one 
half-inch and one inch of volcanic ash topsoil.
    The northern border of the proposed Rattlesnake Hills viticultural 
area sits at the highest elevations of the range, as noted on the USGS 
maps. The north-facing slope of the Rattlesnake Hills, immediately 
beyond the proposed north boundary line, is covered with Lickskillet, a 
very stony silt loam on 5 to 45 percent slopes. The very stony soils, 
steep slopes and lack of irrigation make this terrain unsuitable for 
viticulture, the petition states.
    The eastern border of the proposed Rattlesnake Hills viticultural 
area starts at the intersection of the Rattlesnake Hills summit with 
the 120[deg]00' west longitude line, according to the petition's 
written boundary description. The boundary line follows the longitude 
line south to its intersection with the Bonneville power lines and then 
continues south to the Sunnyside Canal. The topography east of the 
proposed boundary line is a large basin with Warden Series silt loams 
on 2 to 5 percent slopes. The area has some Esquatzel silty loam on the 
same gentle slopes.
    Along the southern boundary lines of the proposed Rattlesnake Hills 
viticultural area, and south beyond Sunnyside Canal, the area changes 
to large flat bottom terrain and small remnants of glacial terraces, 
the petition notes. Esquatzel Series silt loams dominate the terrain, 
according to the ``Soil Survey of Yakima County Area, Washington,'' 
(Lenfesty and Reedy, 1985). The area has Warden Series soils that, as 
the petition explains, are more geologically eroded and on a lower 
elevation terrain than the Warden Series of the Rattlesnake Hills 
region to the north.
    Past the western border of the proposed Rattlesnake Hills 
viticultural area, USGS maps note, the hills drop down into the Yakima 
River. Immediately west of the river, and beyond the petitioned 
boundaries, lies the valley floor with the Weirman Association soils, 
as documented in the ``Soil Survey of Yakima Indian Reservation 
Irrigated Area, Washington, Part of Yakima County,'' (United States 
Department of Agriculture, 1976). Continuing westward from the boundary 
line, the Ashue-Naches Association occupies the bottomland of an older 
Yakima River flood plain. Also, as the Yakima River Valley inclines 
westward to Ahtanum Ridge, the prevalent Warden Series soil creates a 
common link to the Rattlesnake Hills area, according to the petition. 
However, the Warden Series soil in the Rattlesnake Hills terrain 
includes the exposure of the Ellensburg Formation. The Ahtanum Ridge 
soil does not include such an exposure.

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 petitioners 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, ``Rattlesnake Hills'' will be recognized as a name of 
viticultural significance. Consequently, wine bottlers using 
``Rattlesnake Hills'' in a brand name, including a trademark, or in 
another label reference as to the origin of the wine, will have to 
ensure that the product is eligible to use the viticultural area's name 
as an appellation of origin. On the other hand, we do not believe that 
any single part of the proposed viticultural area name standing alone, 
such as ``Rattlesnake,'' would have viticultural significance if the 
new area is established. Accordingly, the proposed part 9 regulatory 
text set forth in this document specifies only the full ``Rattlesnake 
Hills'' name as a term of viticultural significance for purposes of 
part 4 of the TTB regulations.
    For a wine to be eligible to use as an appellation of origin the 
name of a viticultural area specified 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, and the wine must meet 
the other conditions listed in 27 CFR 4.25(e)(3). If the wine is not 
eligible to use the viticultural area name as an appellation of origin 
and that name 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 
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 ``Rattlesnake 
Hills'' 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 
Rattlesnake 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.

[[Page 31400]]

Public Participation

Comments Invited

    We invite comments from interested members of the public on whether 
we should establish the proposed viticultural area. We are also 
interested in receiving comments on the sufficiency and accuracy of the 
name, boundary, climatic, and other required information submitted in 
support of the petition. Please provide any available specific 
information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Rattlesnake Hills viticultural area on wine labels that 
include the words ``Rattlesnake Hills'' as discussed above under Impact 
on Current Wine Labels, we are particularly interested in comments 
regarding whether there will be a conflict between the proposed area 
name and currently used brand names. If a commenter believes that a 
conflict will arise, the comment should describe the nature of that 
conflict, including any negative economic impact that approval of the 
proposed viticultural area will have on an existing viticultural 
enterprise. We are also interested in receiving suggestions for ways to 
avoid any conflicts, for example by adopting a modified or different 
name for the viticultural area.
    Although TTB believes that only the full name ``Rattlesnake Hills'' 
should be considered to have viticultural significance upon 
establishment of the proposed new viticultural area, we also invite 
comments from those who believe that ``Rattlesnake'' standing alone 
would have viticultural significance upon establishment of the area. 
Comments in this regard should include documentation or other 
information supporting the conclusion that use of ``Rattlesnake'' on a 
wine label could cause consumers and vintners to attribute to the wine 
in question the quality, reputation, or other characteristic of wine 
made from grapes grown in the proposed Rattlesnake Hills 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 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 telephone 202-927-2400 to schedule an appointment or to 
request copies of comments.
    For your convenience, we will post this notice and 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 and the submitted 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, 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

    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 
title 27 CFR, chapter 1, part 9, 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.------  Rattlesnake Hills.

    (a) Name. The name of the viticultural area described in this 
section is ``Rattlesnake Hills''. For purposes of part 4 of this 
chapter, ``Rattlesnake Hills'' is a term of viticultural significance.
    (b) Approved Maps. The eight United States Geological Survey, 
1:24,000 scale, topographic maps used to determine the boundaries of 
the Rattlesnake Hills viticultural area are titled--
    (1) Yakima East Quadrangle, Washington--Yakima Co., 1953, 
Photorevised 1985;
    (2) Elephant Mountain Quadrangle, Washington--Yakima Co., 1953, 
Photorevised 1985;
    (3) Granger NW Quadrangle, Washington--Yakima Co., 1965;

[[Page 31401]]

    (4) Granger NE Quadrangle, Washington--Yakima Co., 1964;
    (5) Sunnyside Quadrangle, Washington--Yakima Co., 1965, 
Photorevised 1978;
    (6) Granger Quadrangle, Washington--Yakima Co., 1965;
    (7) Toppenish Quadrangle, Washington--Yakima Co., 1958, 
Photorevised 1985; and
    (8) Wapato Quadrangle, Washington--Yakima Co., 1958, Photorevised 
1985.
    (c) Boundary. The Rattlesnake Hills viticultural area is located in 
Yakima County, Washington. The area's boundaries are defined as 
follows--
    (1) The point of beginning is on the Yakima East map at the point 
where a line drawn straight east from the west end of the Wapato Dam on 
the Yakima River intersects Interstate Highway 82, section 17, T12N/
R19E. This line coincides with the boundary of the Yakima Valley 
viticultural area (27 CFR 9.69). From the beginning point, the 
Rattlesnake Hills viticultural area boundary line--
    (2) Proceeds straight east-southeast, crossing onto the Elephant 
Mountain map, to the 2,192-foot peak of Elephant Mountain, section 16, 
T12N/R20E; then
    (3) Continues straight southeast, crossing over the northeast 
corner of the Toppenish map, and continuing onto the Granger NW map, to 
the 2,186-foot pinnacle of Zillah Peak, section 32, T12N/R21E; then
    (4) Continues straight east-southeast, crossing onto the Granger NE 
map, to the 3,021-foot peak of High Top Mountain, section 32, T12N/
R22E; then
    (5) Continues straight east-southeast to the 2,879-foot peak in the 
northeast quadrant of section 3, T11N/R22E, and continues in the same 
direction in a straight line, to the line's intersection with the 
120[deg]00' west longitude line in section 1 of T11N/R22E along the 
east margin of the Granger NE map; then
    (6) Proceeds straight south along the 120[deg]00' west longitude 
line to its intersection with a set of power lines in section 24, T11N/
R22E, on the east margin of the Granger NE map; then
    (7) Follows the power lines southwest, crossing onto the Sunnyside 
map, to their intersection with the Sunnyside Canal, section 8, T10N/
R22E; then
    (8) Follows the meandering Sunnyside Canal generally northwest, 
crossing over the northeast corner of the Granger map, and continuing 
over the Granger NW map, the Toppenish map, and onto the Wapato map to 
the canal's intersection with Interstate Highway 82, section 27 west 
boundary line, T12N/R19E; then
    (9) Follows Interstate Highway 82 northwest for 2.75 miles, 
crossing onto the Yakima East map, and returns to the point of 
beginning.

    Signed: May 17, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-10880 Filed 5-31-05; 8:45 am]
BILLING CODE 4810-31-P