[Federal Register Volume 71, Number 32 (Thursday, February 16, 2006)]
[Rules and Regulations]
[Pages 8206-8211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1459]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[T.D. TTB-43; Re: Notice No. 47]
RIN: 1513-AA77


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

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Final rule; Treasury decision.

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SUMMARY: This Treasury decision establishes the Rattlesnake Hills 
viticultural area in Yakima County in south-central Washington State. 
The 68,500-acre area is entirely within the established Yakima Valley 
and Columbia Valley viticultural areas. 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.

EFFECTIVE DATE: March 20, 2006.

FOR FURTHER INFORMATION CONTACT:  N. A. Sutton, Regulations and Rulings 
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 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 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.

[[Page 8207]]

Rattlesnake Hills Petition and Rulemaking

General Background

    Mr. Gail Puryear, a vineyard owner, along with 10 other vineyard 
and winery owners in the Rattlesnake Hills region, submitted a petition 
to TTB proposing the establishment of the 68,500-acre Rattlesnake Hills 
viticultural area in eastern Yakima County in south-central Washington 
State. The proposed viticultural area is within the Yakima Valley 
viticultural area (27 CFR 9.69), which, in turn, is within 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.
    The proposed viticultural area encompasses a portion of the 
Rattlesnake Hills, an east-west chain of hills located north of the 
Yakima River and south of the Moxee Valley between the Hanford 
Reservation in the east and Union Gap in the west. The distinguishing 
features of the proposed viticultural area include its topography, 
climate, and soils. The evidence submitted in support of the petition 
is summarized below.

Name Evidence

    The Rattlesnake Hills are well documented on government and 
commercial maps. The current USGS, 1:24,000 scale, topographic maps for 
Elephant Mountain, Granger NE, Granger NW, Toppenish, Wapato, and 
Yakima East all identify the Rattlesnake Hills in Yakima County, 
Washington. The American Automobile Association (AAA) map of Oregon and 
Washington State of February 2003 places the Rattlesnake Hills in 
south-central Washington, between the towns of Yakima and Kennewick. 
The 1996-1997 Washington State Highways map, published by the 
Washington State Department of Transportation, shows the Rattlesnake 
Hills to the east and west of State Highway 241 and south of State 
Highway 24.
    The 1910 USGS Zillah map, reprinted in 1935, identifies the 
Rattlesnake Hills along the T12N/T11N township line in ranges R21E and 
R22E. While this historical map shows no settlements within the 
Rattlesnake Hills, it places the towns of Zillah, Granger, and 
Sunnyside to the south along or near the Yakima River.
    The Rattlesnake Hills are also mentioned in various publications. 
For example, an article published in the August 1997 edition of Sunset 
magazine, ``Bringing Home the Harvest--Pacific Northwest,'' by Jim 
McCausland, describes a tour of the Yakima, Washington region, and 
includes a description of the Roza Canal at the base of the orchard- 
and vineyard-covered Rattlesnake Hills.

Boundary Evidence

    The proposed Rattlesnake Hills viticultural area is an isolated 
grape-growing region with boundaries defined by the area's distinctive 
topography, climate, and soils. The Rattlesnake Hills name applies to 
the entire area within the proposed boundaries, as shown on the USGS 
maps.
    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 boundary documentation and 
geographical evidence for the Rattlesnake Hills viticultural area 
petition. This information is described below.
    The proposed Rattlesnake Hills viticultural area, within the larger 
Yakima Fold Belt, includes a series of asymmetrical anticlines 
separated by basins. The north boundary line of the proposed 
Rattlesnake Hills viticultural area approximates the range's east-to-
west ridgeline, which separates the range's gentler-sloping south side 
from its steeper north side. The proposed area's east boundary line 
follows the 120[deg] west longitude line and power lines from the 
Bonneville Dam. The south boundary line meanders along the Sunnyside 
Canal, which flows southeast from the Yakima River. The terrain to the 
north of the Sunnyside Canal, within the proposed viticultural area, is 
hilly and characterized by ridge spurs. The west boundary line uses a 
combination of the Sunnyside Canal and Interstate Highway 82, which, in 
this region, lie just east of the Yakima River.
    Rising higher than the surrounding portions of the Yakima Valley 
region, elevation is a primary distinguishing feature of the proposed 
Rattlesnake Hills viticultural area. The proposed boundary line is set 
at a minimum of 850 feet in elevation, which generally corresponds to 
the upslope of the foothills. With irrigation, viticulture is 
considered possible at elevations between 850 feet and 2,000 feet.
    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. Vineyards planted in the region at elevations below 850 feet 
generally have failed after years of struggle. For example, the 
Thalheimer vineyard project, 2 miles south of Sunnyside Canal and close 
to the city of Granger, is below 850 feet in elevation and lies outside 
the proposed boundary. The project lasted 10 years, experiencing 
consistent vine damage from winterkill conditions. Also, 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. With 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 topography, moderate microclimate, and soil 
characteristics.
Topography
    The Rattlesnake Hills rise to 3,000 in elevation, placing the 
hills' ridgeline up to 2,000 feet above the north flank of the Yakima 
River Valley. Running east to west, the Hills' ridgeline creates north- 
and south-facing slopes. While the northern slope falls steeply away 
from the ridgeline, the more gently sloping south side of the 
Rattlesnake Hills has dissected canyons, ridges, and terraces running 
south to the Yakima River.
    The proposed Rattlesnake Hills viticultural area, with elevations 
between 850 feet and 3,085 feet, lies on the south slope of the 
Rattlesnake Hills in Yakima County, and includes a multitude of 
landscapes with differing aspects and hill slope positions. Low glacial 
terraces comprise the balance of the terrain found within the proposed 
viticultural area. Vineyards are usually located on the southern ridges 
and terraces in areas with good air drainage, which lessens the 
potential for frost damage and winterkill conditions. As compared to 
the proposed Rattlesnake Hills viticultural area, the rest of the 
established Yakima Valley viticultural area is lower in elevation, with 
a flatter, more open and consistent landscape.
Climate
    The proposed Rattlesnake Hills viticultural area has a more 
temperate climate than surrounding regions and is more protected by its 
topography from damaging winter weather. The Rattlesnake Hills 
viticultural area petition includes data collected from 11 weather 
stations in south-central Washington State, operated by Washington 
State University (WSU) as part of the Public Agricultural Weather

[[Page 8208]]

System (PAWS). The Buena station at 900 feet in elevation and the 
Outlook station at 1,300 feet in elevation are both within the proposed 
viticultural area boundary. While still in south-central Washington 
State, the other nine stations are beyond the proposed area's boundary.
    The PAWS weather data provides an annual total and a 10-year 
average of the heat accumulation, as measured in degree days, for each 
station. (Each degree that a day's mean temperature is above 50 degrees 
Fahrenheit, which is the minimum temperature required for grapevine 
growth, is counted as one degree day. See ``General Viticulture,'' by 
Albert J. Winkler, University of California Press, 1974.) The chart 
below shows the 10-year average for the annual growing degree day total 
for each of the PAWS stations.

----------------------------------------------------------------------------------------------------------------
                                              Degree days,
              Weather station                10-year annual    Location in relation to  Rattlesnake Hills area
                                                 average
----------------------------------------------------------------------------------------------------------------
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 (27 CFR 9.167) to the east 
of the proposed viticultural area around Badger Canyon and Benton City. 
Also, the portion of the Yakima River Valley located between the 
Rattlesnake Hills region and Red Mountain generally has a cooler 
growing season, as documented by the Port of Sunnyside and WSU Roza 
weather stations.
    Topography also affects the proposed area's climate. To the west, 
the high altitude Cascade Range shields eastern Washington, including 
the Rattlesnake Hills region, from much of the Pacific Ocean's climatic 
influence and rainfall. In addition, while polar air from Canada, 
funneled by strong winds into eastern Washington, can damage or kill 
grape vines, the proposed Rattlesnake Hills viticultural area is 
protected from these freezing winds by the Umptanum and Yakima Ridges, 
which lie to the northeast, and by the main ridgeline of the Hills 
themselves. These ridges and hills divert the damaging winds eastward 
toward the Red Mountain and Walla Walla Valley (27 CFR 9.91) 
viticultural areas.
Soil
    The soils of the proposed Rattlesnake Hills viticultural area 
differ from soils in other Washington State viticultural areas and 
regions. In the rooting zone, or the depth of soil penetrated by plant 
roots, silt-loam or loam is the predominant soil type found within the 
proposed Rattlesnake Hills viticultural area. These finer soils 
textures contrast to the sandy soils of the nearby Prosser Flats, Red 
Mountain, and Horse Heaven Hills regions, as well as with the silty 
soils found in the surrounding Yakima Valley region.
    The formation of the soils in the Rattlesnake Hills area was 
influenced by glacial fluvial (water transported) and eolian (wind 
transported) soils. The topsoil layer is generally formed by loess and 
lesser amounts of volcanic ash. When Mount St. Helens erupted in 1980, 
the Rattlesnake Hills region received between one half-inch and one 
inch of volcanic ash. Formation influences on deeper soil layers 
include volcanic cobbles and tuffaceous sands from the Ellensburg 
Formation. The Rattlesnake Hills, at or above 1,100 feet in elevation, 
perch beyond the influence of the Missoula Floods. Soils above the 
flood line developed on older volcanic sediments of the Ellensburg 
Formation. These soil parent materials weathered in a climate with dry 
summers and 6 to 12 inches of annual rainfall.
    Common soil characteristics within the proposed Rattlesnake Hills 
viticultural area include a mesic soil regime. The annual soil 
temperature is between 8 degrees and 15 degrees Celsius (46.4-59 
[deg]F). Mean summer soil temperatures vary between 15 degrees and 22 
degrees Celsius (59-71.6 [deg]F). Also, the soil pH is consistent, 
ranging from neutral at pH 6.6 to mildly alkaline at pH 8.4.
    The primary soils suitable for viticulture within the proposed 
Rattlesnake Hills viticultural 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. The Harwood-Burke-
Wiehl series, a complex composition of three distinctively different 
soils, covers the ridge tops and side slopes of the range's steep 
hills. This three-soil composition forms from loess (wind-blown, silt-
sized material) that overlies remnants of the Ellensburg Formation. The 
composition is common within the proposed Rattlesnake Hills 
viticultural area but is seldom found elsewhere in the Yakima Valley 
viticultural area. 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. Also, along 
the top of the Rattlesnake Ridge, the Lickskillet series of stony silt 
loam and the Starbuck series provide a suitable viticultural 
environment when irrigation is available.
    The steeper north-facing slopes of the Rattlesnake Hills, 
immediately beyond the proposed viticultural area's northern boundary 
line, are covered with Lickskillet, a very stony silt loam. The very 
stony soils, steep slopes, and lack of irrigation make this terrain 
unsuitable for viticulture. The topography east of the proposed 
boundary line is a large basin with Warden Series silt loams and some 
Esquatzel silty loam on two to five percent slopes.
    Along the southern boundary line of the proposed Rattlesnake Hills 
viticultural area, and south beyond

[[Page 8209]]

Sunnyside Canal, is the Yakima River Valley. The Esquatzel Series of 
silt loams dominate this large, flat-bottomed valley, according to the 
``Soil Survey of Yakima County Area, Washington'' (Lenfesty and Reedy, 
1985). The valley also has Warden Series soils that are more 
geologically eroded and at a lower elevation than the Warden Series of 
the Rattlesnake Hills region to the north.
    Past the western border of the proposed Rattlesnake Hills 
viticultural area the hills drop down to the Yakima River. Immediately 
west of the river, and beyond the proposed boundaries, lies a valley 
floor with Weirman Association soils. Continuing westward from the 
boundary line, the Ashue-Naches Association occupies the bottomland of 
an older Yakima River floodplain. Also, as the Yakima River Valley 
rises westward to Ahtanum Ridge, the prevalent Warden Series soil 
creates a common link to the Rattlesnake Hills area. However, the 
Warden Series soil in the Rattlesnake Hills terrain includes the 
exposure of the Ellensburg Formation, unlike the Ahtanum Ridge soil.

Notice of Proposed Rulemaking and Comments Received

    On June 1, 2005, TTB published a notice of proposed rulemaking 
regarding the establishment of the Rattlesnake Hills viticultural area 
in the Federal Register (70 FR 31396) as Notice No. 47. In that notice, 
TTB requested comments by August 1, 2005, from all interested persons. 
TTB received 28 comments in response, including 14 in support, 11 in 
opposition, and 3 from the petitioner responding to the concerns of the 
opposing comments.
Comments
    Name: Public comments confirm the appropriateness of the 
``Rattlesnake Hills'' name for the proposed viticultural area, with 9 
vineyard and winery owners with 15 to 24 years of viticulture 
experience in the region agreeing with the chosen name. Also, a winery 
owner holding the Federal trademark for ``Rattlesnake Ridge'' wholly 
supports the proposed Rattlesnake Hills name and establishment of the 
viticultural area.
    Boundary: Some comments support the proposed viticultural area's 
boundaries as appropriate, meaningful, and discernible. The Hultquists, 
who supplied geographic information in the original petition, comment 
that while USGS topographic maps do not show the boundaries of the 
region's climates, cold damage, or soil types, they do show nearby 
roads, power lines, elevation points, and other labeled landmarks that 
can be used in defining the boundary lines of a proposed viticultural 
area.
    The two geographers also note that while the ``Rattlesnake Hills'' 
name also refers to the hills beyond the proposed viticulture area to 
the east, that region is devoid of vineyards or wineries. The 
Hultquists state that the proposed boundary lines were drawn to 
surround only the region's vineyards and wineries, which start about 10 
miles south of the range's north-facing slope at Sagebrush Ridge, a 
feature shown on the USGS Grandview and Sagebrush Ridge topographical 
quadrangle maps.
    Several vineyard and winery owners with up to 28 years of 
viticulture experience in the region oppose the proposed Rattlesnake 
Hills viticultural area boundaries as arbitrary. These commenters state 
that because the Rattlesnake Hills range stretches beyond the proposed 
viticultural area boundary, the boundary lines should be extended to 
include more of the range. One commenter points to the proposed eastern 
boundary line (along the 120[deg] west longitude line) as particularly 
random, and describes the distinguishing features of the Rattlesnake 
Hills range as continuing east for 27 miles to the Red Mountain 
viticultural area. TTB notes, however, that the commenters do not 
provide documentation to support their claims of arbitrary boundary 
lines, and fail to include proposed expanded boundaries and substantive 
justification.
    In response, the petitioner explains that the proposed boundary 
lines were developed by studying the viticultural feasibility of the 
Rattlesnake Hills region, including its topography, climate, and soils. 
The petitioner concludes that the entire Rattlesnake Hills landform 
would make a poor viticultural area, with three-fourths of its 
geographical area unsuitable for viticulture. The petitioner states 
that the northwestern region of the Rattlesnake Hills range suffers 
from a lack of water, a north-facing mountain slope, and a colder 
climate. The range's northeastern region is on the Hanford Reservation, 
a sealed nuclear site that is not conducive to any type of agricultural 
use.
    Topography: Supporting commenters confirm that the geographical 
isolation and higher elevations of the proposed viticultural area set 
the region apart, even from the topography of other portions of the 
Rattlesnake Hills range. An opposing commenter notes that the 
topography of the proposed Rattlesnake Hills viticultural area is not 
as consistent as described in the petition. However, this commenter 
does not include documentation to support this claim.
    TTB notes that the topography of the proposed Rattlesnake Hills 
viticultural area, as explained in Notice No. 47 and summarized above, 
describes numerous geographical variations. The topographical 
description of the proposed viticultural area includes references to 
the proposed area's ridges, canyons and terraces, and the petition 
states that the area has a ``multitude of landscapes with differing 
aspect and hill slope positions.''
    Climate: Offering anecdotal evidence, some supporting commenters 
emphasize the distinctive milder climate within the proposed 
Rattlesnake Hills viticultural area, which has more annual degree days 
of heat accumulation and a more frost-free environment when compared to 
other portions of the Yakima Valley viticultural area.
    Several opposing commenters, however, state that the proposed 
viticultural area is not distinctive, including the amount of heat 
accumulated during the growing season as measured in degree days. One 
commenter notes that the petition's climatic information lacks specific 
vineyard data and relies solely on PAWS data, while other commenters 
note that the winter cold damage comparison is based on elevation 
rather than the proposed boundary lines.
    In response, the petitioner states that the PAWS data collected at 
various stations in the region over a 10-year period is reliable 
evidence of the climatic differences between the proposed viticultural 
area and the surrounding regions. Citing PAWS information, the 
petitioner states that east of the Bonneville power lines cold air 
flows downward into a large basin at the bottom of Washout Canyon, and 
notes that the Sunnyside weather station, located within the basin, 
records the coldest temperatures of the 11 stations in the region.
    The petitioner also explains that frost occurs two to three weeks 
earlier in the large basin area than within the proposed Rattlesnake 
Hills viticultural area. The colder climate steers agriculture in the 
basin toward dairy, corn, alfalfa, and grapes for juice rather than 
wine. For example, the southeast portion of the basin, near Benton 
City, is used for dry-land agriculture and is characterized by wheat 
fields and rangelands. The petitioner notes that this region dips 
toward the Yakima River and is exposed to more frost damage, 
winterkill, and a higher water table, which makes the region below

[[Page 8210]]

850 feet in elevation incompatible with grape growing.
    Originally the petitioner considered extending the proposed 
viticultural area to include the Black Canyon region, located about six 
miles east of the proposed boundary line toward Red Mountain. However, 
the petitioner cites a May 2003 freeze at the 1,300-foot elevation of 
Vineyard del Sol that froze vines to the ground. On the same night, the 
petitioner states there was no known frost damage within the proposed 
viticultural area boundary, even in vineyards at 900-foot elevations 
with no frost protection. Therefore, the petitioner contends that 
although Black Canyon is part of the Rattlesnake Hills geographical 
landform, the area's climate is significantly different.
    The petitioner claims that the cold air drainage effect is less 
harsh within the proposed Rattlesnake Hills viticultural area east of 
the proposed boundary line at the 120[deg] longitude line. Stating that 
more cold air will drain down higher mountains than lower ones, the 
petitioner notes that inside the proposed eastern boundary the 
Rattlesnake Hills average 2,000 feet in elevation while elevations to 
the east average 3,000 feet. The petitioner also states that the cold 
air effect causes cold air to accumulate in a narrow valley and 
disperse in a wide valley, and, therefore, the narrowing of the central 
Yakima Valley east of the 120th meridian influences the movement of 
cold air in the region.
    Soil: Supporting commenters state that the proposed viticultural 
area is distinguished by superior soils with good drainage compared to 
surrounding regions. Other commenters claim, however, that the soils of 
the proposed Rattlesnake Hills viticultural area are common in the 
surrounding Yakima Valley viticultural area.
    The petitioner relies on the expertise of soil scientist Alan 
Busacca, PhD, to provide geological and soil information for the 
proposed viticultural area and the areas outside its proposed 
boundaries. After careful review, TTB believes that the soil facts and 
data narrative prepared by Dr. Busacca and presented in the petition 
constitute adequate evidence and documentation to support the 
conclusions reached in the petition.
    Economic Impact: Some commenters favor establishing a distinct 
viticultural area to separate the proposed Rattlesnake Hills 
viticultural area from the larger, surrounding Yakima Valley area, as 
well as from the much larger Columbia Valley viticultural areas. A 
commenter states that Washington State vintners will be able to market 
wine products with more accuracy, efficiency, and profitability with 
establishment of new viticultural areas. In addition, a member of the 
Yakima County Planning Department believes that establishment of the 
Rattlesnake Hills viticultural area will assist Yakima County in 
planning for its economic development.
    Several opposing commenters voice concerns about the detrimental 
effect of establishing the Rattlesnake Hills viticultural area within 
the larger Yakima Valley viticultural area. One commenter states that 
the establishment of the Rattlesnake Hills viticultural area will 
confuse consumers and undermine the success of the Yakima Valley 
viticultural area, and a second commenter stated that there are no 
significant differences between the two viticultural areas. TTB notes 
that neither commenter included evidence or documentation to support 
these claims.
    In response, the petitioner states that the proposed Rattlesnake 
Hills viticultural area grape-growing industry is characterized by 
small ``artisan estate wineries,'' while the Yakima Valley viticultural 
area has some larger commercial vineyard estates.
    Overall, TTB notes that, with the proposed Rattlesnake Hills 
viticultural area entirely inside the larger Yakima Valley viticultural 
area, the two areas do share some general characteristics. However, the 
proposed Rattlesnake Hills viticultural area also has separate and 
significant distinguishing features, as noted above in the summary of 
the petition evidence. Furthermore, the possible impact of one 
viticultural area on another one is not, standing alone, a sufficient 
basis on which to deny a petition for a new viticultural area.
    TTB also notes that the issue of consumer confusion normally stems 
from similarities in the names of viticultural areas or from the 
similarity of a proposed viticultural area name to a brand name on a 
wine label. The names ``Yakima Valley'' and ``Rattlesnake Hills'' have 
no apparent similarity that would confuse wine consumers.

TTB Finding

    After careful review of the petition and the comments received, TTB 
finds that the evidence submitted 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 ``Rattlesnake Hills'' viticultural area in Yakima County 
in south-central Washington State, effective 30-days from this 
document's publication date.

Boundary Description

    See the narrative boundary description of the viticultural area in 
the regulatory text published at the end of this document.

Maps

    The maps for determining the boundary of the viticultural area are 
listed below in the 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. With the establishment of this viticultural area and 
its inclusion in part 9 of the TTB regulations, its name, ``Rattlesnake 
Hills,'' is 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, 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.

[[Page 8211]]

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

    Nancy Sutton of the Regulations and Rulings 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

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2. Subpart C is amended by adding Sec.  9.193 to read as follows:


Sec.  9.193  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 appropriate maps for determining the 
boundaries of the Rattlesnake Hills viticultural area are eight United 
States Geological Survey 1:24,000 scale topographic maps. They 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;
    (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 boundary is defined as follows:
    (1) The beginning point 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 eastward, crossing onto the Elephant Mountain 
map, to the 2,192-foot peak of Elephant Mountain, section 16, T12N/
R20E; then
    (3) Continues straight east-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 eastward, 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 until the line intersects 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, crosses 
onto the Yakima East map, and returns to the beginning point.

    Signed: December 19, 2005.
John J. Manfreda,
Administrator.

    Approved: January 19, 2006.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 06-1459 Filed 2-15-06; 8:45 am]
BILLING CODE 4810-31-P