[Federal Register Volume 70, Number 104 (Wednesday, June 1, 2005)]
[Rules and Regulations]
[Pages 31342-31345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10881]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[T.D. TTB-27; Notice No. 21]
RIN 1513-AA58


Establishment of the Ribbon Ridge Viticultural Area (2002R-215P)

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

ACTION: Final rule; Treasury decision.

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SUMMARY: This Treasury decision establishes the Ribbon Ridge 
viticultural area in northern Yamhill County, Oregon. The new Ribbon 
Ridge viticultural area is entirely within the existing Willamette 
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.

DATES: Effective Date: July 1, 2005.

FOR FURTHER INFORMATION CONTACT: N. A. Sutton, Regulations and 
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 925 
Lakeville St.,  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 such 
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 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.

Ribbon Ridge Petition

    The North Willamette Valley AVA Group petitioned TTB for the 
establishment of the ``Ribbon Ridge'' viticultural area in northern 
Yamhill County, Oregon. The 3,350-acre viticultural area is about 4 
miles northwest of Dundee, 22 miles southwest of Portland, and 40 miles 
inland from the Pacific Ocean. The Ribbon Ridge viticultural area lies 
within the larger, established Willamette Valley viticultural area (27 
CFR 9.90). As of 2002, the petitioned-for area contained 3 commercial 
wineries and 14 vineyards covering about 286 acres.
    Geographically, Ribbon Ridge is a distinct, 3.5 mile long by 1.75-
mile wide ridge separated from the surrounding mountains and hills on 
all sides by creek valleys. According to the petition,

[[Page 31343]]

the geographic isolation of Ribbon Ridge, its soils, and, to a lesser 
extent, its climate distinguish it from surrounding Willamette Valley 
grape-growing regions. Evidence supporting establishment of the Ribbon 
Ridge viticultural area is described below.

Name Evidence

    Colby Carter, an early settler from Missouri, named Ribbon Ridge in 
1865, and the ridge has been known by that name ever since. The first 
official use of the Ribbon Ridge name dates to 1888 with the creation 
of Ribbon Ridge School District No. 68. Built along Ribbon Ridge Road, 
which runs along the ridge's spine, the school operated from 1889 to 
about 1953. A reference to Ribbon Ridge also appears in the ``Oregon 
Historical Quarterly,'' vol. XLIV, page 307, March-December 1943. It 
reads, ``Ribbon Ridge is a spur in the southwest part of the Chehalem 
Mountains, about east of Yamhill. The top of the ridge twists like a 
ribbon, hence the name.''
    The USGS Dundee Quadrangle map and other commercial maps show 
``Ribbon Ridge'' as the name of the ridge encompassed by the Ribbon 
Ridge viticultural area. The Dundee Quadrangle map also shows Ribbon 
Ridge Road running north and south along the spine of the ridge. In 
addition, a search of the U.S. Geological Survey's Geonames database 
(see http://geonames.usgs.gov/) shows ``Ribbon Ridge'' to be the name 
of the ridge encompassed by the viticultural area's boundary. This 
search also shows the site of the historic Ribbon Ridge School to be 
within the viticultural area's boundary.

Boundary Evidence

    Ribbon Ridge is geographically distinct from the surrounding hills 
and mountains due to its topographic isolation. Creek valleys surround 
Ribbon Ridge on all sides, giving the ridge an ``island-like'' 
appearance as it rises above the Chehalem Valley floor, according to 
the petition. Two creeks, Ayres Creek in the north and Dopp Creek in 
the east, separate Ribbon Ridge from the Chehalem Mountains. Chehalem 
Creek separates Ribbon Ridge from the Coast Range to the west and from 
the Dundee Hills to the south.
    A 10-mile long loop of county roads also surrounds Ribbon Ridge at 
or near its base. Beginning at the ridge's northern end, this loop 
follows Dopp Road south along the ridge's eastern side, and then 
follows North Valley Road along its southern and western sides, and 
after traveling east a short distance on Albertson Road, the loop is 
closed along the ridge's northern side. Since these roads largely 
follow the base of Ribbon Ridge, the petitioners used these roads to 
help delineate the proposed viticultural area.
    Local residents also view Ribbon Ridge as a distinct farming 
district, with its own mix of crops, separate from the adjoining 
Chehalem Valley, Kings Grade, and Rex Hills regions, according to the 
petition. Winegrowing activity began on Ribbon Ridge in 1980, with the 
planting of Ridgecrest Vineyards. The first commercial vineyard was 
established in 1982, with the planting of 54 acres of Pinot Noir and 
Chardonnay. Yamhill Valley Vineyards first used grapes from these 
vineyards in wine production in 1985. Vineyards and winery operations 
now own in excess of 700 total acres on Ribbon Ridge. Approximately 
1,000 to 1,400 acres are suited for premium wine grape planting within 
the Ribbon Ridge viticultural area boundaries, the petition states.

Distinguishing Features

Geography
    As noted above, creek valleys separate Ribbon Ridge from the 
higher, surrounding landmasses. The ``island'' of Ribbon Ridge, which 
extends southward from the Chehalem Mountains, rises to a maximum 
height of 683 feet from the 200-foot Chehalem Valley floor. Ayres 
Creek, which flows west then north, and Dopp Creek, which flows south, 
separate Ribbon Ridge from the Chehalem Mountains along, respectively, 
the ridge's north and east sides. On the western side of Ribbon Ridge, 
the Chehalem Creek valley separates the ridge from the Coast Range 
hillsides associated with the Yamhill-Carlton District viticultural 
area (27 CFR 9.183). After a gorge-like drop of 300 feet into the 
quarter-mile wide ravine of Chehalem Creek, the creek's valley widens 
at the southern foot of Ribbon Ridge into the broad, flat Chehalem 
Valley, separating the Chehalem Mountains and Ribbon Ridge from the 
Dundee Hills to the south.
Soils
    Ribbon Ridge is a distinct geological formation of eastward-tilted, 
marine sedimentary strata that dates to the upper Eocene geological era 
and is unusual in having only two geological strata--the Keasey and 
Pittsburgh Bluff Formations. The ridge is ancient and stable, and the 
soils formed from the fine sedimentary parent materials are well 
weathered. Consequently the Ribbon Ridge viticultural area's soils are, 
on the average, deeper in profile and more finely structured than soils 
in surrounding areas. The soils of Ribbon Ridge are relatively uniform, 
all being formed of fine-textured marine sediment (mainly Willakenzie 
series) at vineyard elevations, and neither slides nor erosion have 
significantly altered them.
    The soils found within the Ribbon Ridge viticultural area differ 
from the alluvial sedimentary soils found the Chehalem Valley flood 
plain, and the area's soils also differ from the adjacent volcanic 
soils of the Chehalem Mountains and Dundee Hills. Finally, the Ribbon 
Ridge soils are related to, but have significant differences from, the 
marine sedimentary hillsides (mainly Willakenzie and Peavine series) to 
the west of the Chehalem Creek valley in the Yamhill-Carlton District 
viticultural area (27 CFR 9.183) in that they are younger, finer, and 
more uniform, due to finer parent materials of sandstone, siltstone, 
and mudstone.
Climate
    Ribbon Ridge's ``island-like'' topography and the proximity of the 
surrounding, higher landmasses tend to shield and protect the proposed 
Ribbon Ridge viticultural area from many of the extremes that affect 
the other agricultural microclimates in the northern Willamette Valley. 
Low clouds tend to accumulate on the hilltops surrounding Ribbon Ridge, 
and fog settles on the valley floor in the early and late parts of the 
growing season. To the west, the Coast Range and Yamhill Mountains 
encourage weather systems to drop their moisture before reaching Ribbon 
Ridge and serve to block the severe winds of Pacific storms. To the 
north, the Chehalem Mountains, Bald Peak, and Portland Hill tend to 
protect the Ribbon Ridge viticultural area from Columbia Gorge and 
eastern Oregon weather systems, which deliver cold temperatures in the 
winter and heat or winds in the summer. To the south, the Dundee Hills 
shield Ribbon Ridge from the extreme winds that funnel coastal weather 
systems through the Van Duzer corridor, whether hot, cold, or wet in 
the summer or winter.
    Ribbon Ridge's grape-growing hillsides are slightly warmer and 
drier when compared to valley floor sites within the northern 
Willamette Valley. These climatic differences are especially 
significant during the April to October grape-growing season. During 
that time, hillside warming is especially important in achieving grape 
ripening similar to that found at warm valley sites, but without the 
risk of frost or excess soil moisture. The ridge's hillsides have 
higher minimum (2-3[deg] F) and maximum (2-7[deg] F) daily temperatures 
during the early and late portions of the growing

[[Page 31344]]

season than do exposed valley floor sites. These moderate temperatures 
permit early growth in the spring, consistent and even ripening--with 
retention of acids--over the summer, and a long, full maturing season 
in the fall.
    Ribbon Ridge's annual rainfall is less than that of other wine 
growing regions in the northern Willamette Valley. Annual precipitation 
on the protected hillsides of the Ribbon Ridge viticultural area is up 
to 10 inches (approximately 25 percent) less than that of nearby 
unprotected valley floor sites. Growing season precipitation within the 
Ribbon Ridge area is reduced even further, with 7.7 inches accumulating 
April through October, on average. This is approximately 35 percent 
less than the amount received at Coast Range and valley floor sites. 
Rainfall in the Ribbon Ridge area is also less than that of the nearby 
Yamhill-Carlton District (27 CFR 9.183) and Dundee Hills (27 CFR 9.180) 
viticultural areas.

Boundary Description

    As proposed, the boundary of the Ribbon Ridge viticultural area 
followed a 9.85-mile loop of county roads around the base of the ridge, 
but the proposed regulatory text limited the viticultural area to land 
at or above 240 feet in elevation within that loop. Since the road loop 
largely follows the 200- to 240-foot base of Ribbon Ridge, we have 
revised the regulatory text to eliminate the 240-foot elevation 
restriction, slightly expanding the size of the viticultural area. The 
area now includes land below 240 feet along the western side of Dopp 
Road and a small area around the Lake View School south of Albertson 
Road. In addition, we have also revised the wording of the boundary 
description in the regulatory text for clarity, and we have revised the 
beginning point from the intersection of the 240-foot contour line and 
North Valley Road to the intersection of Albertson and Dopp Roads. For 
a complete description of the viticultural area's boundary, see the 
regulatory text published at the end of this notice.

Maps

    The petitioner(s) provided the required maps, and we list them 
below in the regulatory text.

Notice of Proposed Rulemaking

    TTB published a notice of proposed rulemaking, Notice No. 21, in 
the Federal Register on November 3, 2003 (68 FR 62259), regarding the 
establishment of the Ribbon Ridge viticultural area. In that notice, 
TTB requested comments by January 2, 2004, from anyone interested. We 
received one supporting comment and no opposing comments.
    After careful review, TTB finds that the evidence submitted with 
the petition supports the establishment of the proposed viticultural 
area. Therefore, under the authority of the Federal Alcohol 
Administration Act and part 4 of our regulations, we establish the 
``Ribbon Ridge'' viticultural area in Yamhill County, Oregon, effective 
60-days from this document's publication date.

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. With the establishment of this viticultural area and 
its inclusion in part 9 of the TTB regulations, its name, ``Ribbon 
Ridge,'' is recognized as a name of viticultural significance. 
Consequently, wine bottlers using ``Ribbon Ridge'' in a brand name, 
including a trademark, or in another label reference as to the origin 
of the wine, must ensure that the product is eligible to use the 
viticultural area's name as an appellation of origin.
    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.
    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.

Regulatory Flexibility Act

    We certify that this regulation will not have a significant 
economic impact on a substantial number of small entities. This 
regulation imposes no new reporting, recordkeeping, or other 
administrative requirement. Any benefit derived from the use of a 
viticultural area name is 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 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 document.

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1, 
part 9 as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Amend subpart C by adding Sec.  9.182 to read as follows:


Sec.  9.182  Ribbon Ridge.

    (a) Name. The name of the viticultural area described in this 
section is ``Ribbon Ridge.''
    (b) Approved Maps. The appropriate maps used to determine the 
boundaries of the Ribbon Ridge viticultural area are the following two 
United States Geological Survey (USGS), 1:24,000 scale, topographical 
maps (7.5 minute series).
    (1) Laurelwood Quadrangle, Oregon, 1956, photorevised 1978; and
    (2) Dundee Quadrangle, Oregon, 1956, revised 1993.
    (c) Boundary. The Ribbon Ridge viticultural area is located in 
northern Yamhill County, Oregon, northwest of the town of Dundee.
    (1) The beginning point is on the Laurelwood Quadrangle map at the 
intersection of a light-duty road known locally as Albertson Road and 
Dopp Road (named on the Dundee map), just east of the Lake View School, 
section 58, T2S, R3W. From the beginning point, the boundary line--
    (2) Continues south on Dopp Road for about 4.9 miles, crossing onto 
the Dundee map, to the road's intersection with North Valley Road, near 
the Erwin Young School, section 39, T3S, R3W (Dundee Quadrangle); then

[[Page 31345]]

    (3) Continues west then north on North Valley Road for about 5 
miles, crossing over to the Laurelwood map, to the road's intersection 
with Laughlin and Albertson Roads, just west of the Lake View School, 
section 58, T2S, R3W (Laurelwood Quadrangle); then
    (4) Continues east on Albertson Road for about 0.2 miles and 
returns to the beginning point.

    Signed: April 21, 2005.
John J. Manfreda,
Administrator.

    Approved: May 11, 2005.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 05-10881 Filed 5-31-05; 8:45 am]
BILLING CODE 4810-31-P