[Federal Register Volume 71, Number 136 (Monday, July 17, 2006)]
[Proposed Rules]
[Pages 40458-40464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11078]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 60]
RIN 1513-AB22


Proposed Establishment of the Snake River Valley Viticultural 
Area (2005R-463P)

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 8,263-square mile ``Snake River Valley'' viticultural 
area in southwestern Idaho and southeastern Oregon. 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 September 15, 
2006.

ADDRESSES: You may send comments to any of the following addresses:
     Director, Regulations and Rulings Division, Alcohol and 
Tobacco Tax and Trade Bureau, Attn: Notice No. 60, 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).

[[Page 40459]]

    You may view copies of this notice, the petition, the appropriate 
maps, and any comments we receive about this proposal by appointment at 
the TTB Information Resource Center, 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 Rulings 
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St., 
No. 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 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, 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.

Snake River Valley Petition

    The wine grape growers of the Snake River Valley in Idaho, the 
Idaho Grape Growers and Wine Producers Commission, and the Idaho 
Department of Commerce and Labor, collectively referred to as the 
``petitioner,'' have submitted a petition to establish the 8,263-square 
mile Snake River Valley viticultural area. The proposed viticultural 
area includes Ada, Adams, Boise, Canyon, Elmore, Gem, Gooding, Jerome, 
Owyhee, Payette, Twin Falls, and Washington Counties in southwestern 
Idaho and Baker and Malheur Counties in southeastern Oregon. The 
proposed boundary encompasses 15 wineries, 46 vineyards, and 1,107 
acres of commercial vineyard production. We summarize below the 
supporting evidence presented with the petition.

Name Evidence

    The petitioner provided multiple sources of ``Snake River Valley'' 
name evidence for the proposed viticultural area. References include 
winemaking and vineyards, agriculture, early regional exploration, and 
other name uses.
    The Fall 2001 edition of Wine Press Northwest ran an article titled 
``Idaho Wineries at a Glance,'' which says, ``At first glance, the 
Snake River Valley seems an idyllic place to grow grapes* * *'' and 
continues to explain that most of the grapes are grown in the Snake 
River Valley area west of Boise, Idaho. The February 17, 2005, edition 
of Wine Press Northwest ran an article describing the Snake River 
Valley as a beautiful area in southwestern Idaho. The article noted 
that most of the Idaho wineries and vineyards are at elevations between 
1,500 and 2,500 feet in the western portion of the Snake River Valley.
    The official Web site of the State of Idaho has a link to the 
history of Idaho, noting that in 1811 the Pacific Fur Company 
expedition explored the Snake River Valley and discovered the Boise 
Valley, which is within the boundary of the proposed viticultural area. 
An undated Sunset Magazine article, ``The Snake River Valley of Idaho-
Eastern Oregon,'' discusses the significant agricultural production in 
the Snake River Valley of Idaho and eastern Oregon.
    The USGS maps used to identify the proposed Snake River Valley 
viticultural area prominently identify the Snake River at the low 
elevations of the proposed viticultural area. The American Automobile 
Association Western States/Provinces map, dated February 2003 through 
May 2005, shows the Snake River flowing from its headwaters in Wyoming, 
through Utah, Idaho, and Oregon, and into Washington to where it joins 
the Columbia River near Pasco and Kennewick.

Boundary Evidence

    The proposed Snake River Valley viticultural area covers portions 
of southwestern Idaho and southeastern Oregon. The basis for the 
proposed boundaries, the petitioner explains, is the extent of ancient 
Lake Idaho, a deep lake that filled the western part of the Snake River 
Valley approximately 4 million years ago. The proposed boundary line, 
with a maximum elevation of 1,040 meters, or 3,412 feet, surrounds the 
now dry, ancient Lake Idaho at the highest elevation conducive to 
viticulture, according to the petitioner.
    The Snake River Plain, a crescent-shaped belt of lava and sediment 
ranging from 40 to 62 miles wide, extends about 372 miles in length 
across southern Idaho, according to the petitioner. The geology of the 
western portion of the Snake River Plain, the petitioner continues, has 
lower elevations and a rift-bounded basin, which contrast to the higher 
elevations of the eastern section of the Snake River Plain. Also, the 
colder and drier climate

[[Page 40460]]

of the eastern area is not conducive to successful viticulture, 
according to the petitioner, unlike the warmer weather and lower 
elevations of ancient Lake Idaho.
    An April 21, 1997, article, ``Hydrogeologic Framework of the Boise 
Valley of Southwest Idaho,'' by Spencer H. Wood, Department of 
Geosciences, Boise State University, describes the Snake River Plain as 
a great geologic bathtub with layers of mud sediment and interconnected 
layers of sand. The depth of the basin plain averages 3,500 feet but 
extends to 6,000 feet, according to the article. Also, in prehistoric 
times the ancient Lake Idaho was, in places, 800 feet deep and covered 
5,000 square miles. In modern times this region is a flat, semiarid 
plain that is irrigated for agriculture with water from the Boise River 
and with ground water, according to the article.

Distinguishing Features

    The proposed Snake River Valley viticultural area, the petitioner 
explains, includes a series of distinguishing features. Its topography 
includes elevations lower than the surrounding areas and a fault-
bounded, rift basin geography, according to the petitioner. Also, the 
area is primarily underlain by sedimentary rock. The comparatively warm 
climate of the proposed Snake River Valley viticultural area, the 
petitioner adds, creates better grape-growing conditions than those in 
the surrounding higher elevations and the Snake River Valley in eastern 
Idaho.
Geology
    The geologic history of the proposed Snake River Valley 
viticultural area, the petitioner states, includes flood basalts, 
northwest-trending structures, loess mantles, and outburst floods. The 
ancient Lake Idaho, according to the petitioner, extends 149 miles 
northwest to southeast, from the Oregon-Idaho State line to west of 
Twin Falls, Idaho, as a system of lakes and flood plains.
    North of the proposed Snake River Valley viticultural area boundary 
line, the petitioner explains, are Cretaceous granites of the Idaho 
Batholith, Eocene volcanoes, older sedimentary rocks, and volcanic 
flows. Also, to the south of the proposed boundary line, volcanic rocks 
overlie the southern extension of the granite basement.
Regional Summary
    The petitioner includes a map of the Snake River Plain Aquifer 
System and information modified from the ``Ground Water Atlas of the 
United States: Idaho, Oregon, Washington, U.S. Geological Survey 
Hydrologic Atlas HA 730-H, 1994.'' The map shows that the Western 
Plain, which is within the proposed Snake River Valley viticultural 
area, is underlain by aquifers in basaltic rock but mainly in 
unconsolidated (sedimentary) deposits. In contrast, the Eastern Plain, 
to the east of the proposed Snake River Valley viticultural area, is 
underlain predominantly by aquifers in Pliocene and younger basaltic 
rocks.
    The petitioner includes a second map that documents the 
distribution of rock types in the Pacific Northwest States, based on 
information taken from the same USGS Hydrologic Atlas noted above. The 
proposed Snake River Valley viticultural area, according to the map, is 
underlain primarily by sedimentary rocks, distinguishing the area from 
basaltic and other igneous rocks in the surrounding regions.
Geography
    Physical Features: The petitioner describes the ancient Lake Idaho 
as the physical focus and an important distinguishing feature of the 
proposed Snake River Valley viticultural area. Historically, the 
ancient Lake Idaho, the petitioner continues, was a trough-like 
structure of lakes. The proposed Snake River Valley viticultural area 
boundary encircles the now dry, ancient Lake Idaho, a low elevation, 
fault-bounded, rift basin with a relatively flat, sedimentary bottom, 
according to the petitioner. The surrounding areas, beyond the proposed 
boundary, have a mountainous topography with generally higher 
elevations.
    Elevation: Low elevation, between 660 and 1,040 meters, or 2,165 
and 3,412 feet, when compared to the surrounding mountains and the 
eastern portion of the Snake River Valley, is a significant 
distinguishing feature of the proposed Snake River Valley viticultural 
area, as shown on the USGS maps and described by the petitioner. Oxbow 
Dam, along the Snake River in Adams County, Idaho, lies at an elevation 
of 660 meters, or 2,165 feet, the petitioner explains, but the 
encircling proposed viticultural area boundary line generally adheres 
to an elevation of 1,040 meters, or 3,412 feet, according to the 
boundary outlined in the petition. The proposed boundary line deviates 
from its prescribed 1,040-meter elevation twice at the northernmost 
boundary on the McCall map and again along the western boundary of the 
Vale map. The petitioner explains that the 1,040-meter contour line, 
past the boundaries of the McCall and Vale maps, continues into regions 
not associated with the Snake River Valley or with viticulture. The 
region's viticulture, according to the petitioner, is successful 
between elevations of 664 and 950 meters, or 2,180 and 3,117 feet.
    Mountains surrounding the western Snake River Valley region exceed 
7,000 feet in elevation, especially to the east of the proposed 
viticultural area boundary line in the Boise National Forest, as shown 
on the Idaho City, Idaho, USGS map. The City of Twin Falls, Idaho, 
about 2\1/2\ miles southeast of the proposed Snake River Valley 
viticultural area's eastern boundary line, as shown on the USGS Twin 
Falls, Idaho, map, lies at an elevation of 3,729 feet, or about 320 
feet above the proposed viticultural area boundary line.
    The petitioner provides three topographic profiles of the proposed 
Snake River Valley viticultural area drawn from various points of the 
compass. The three profiles include (1) California Mountain, Oregon, to 
Bruneau, Idaho, (2) Oreana, Idaho, to Danskin Peak, Idaho, and (3) 
Marsing, Idaho, to Emmett, Idaho. The profiles show the lower 
elevations of the ancient Lake Idaho basin in comparison to the 
surrounding higher mountain elevations beyond the proposed viticultural 
area boundary line. Payette, Idaho, is at an elevation of about 2,300 
feet in the basin, but California Mountain, Oregon, reaches a height of 
approximately 5,150 feet, significantly higher than the proposed 
viticultural area boundary line.
Soils
    The petitioner describes the soils of the proposed Snake River 
Valley viticultural area as being diverse and not a distinguishing 
feature, the soils having developed in various parent material, during 
various time frames, and under varying climatic conditions. The soils 
are broadly classified as Aridsols, the petitioner adds, and no single 
soil series or association is dominant.
    Vineyards within the proposed Snake River Valley viticultural area 
are on soils that have underlying parent material derived from 
weathered sediment from the ancient Lake Idaho, according to the 
petitioner. At the surface are loess, sand, and, in slack water areas, 
flood-deposited silt, the petitioner explains. Typically, vineyards in 
the proposed area are on very shallow soils on slopes.
Climate
    The distinguishing climatic features of the proposed Snake River 
Valley viticultural area, the petitioner states, include precipitation, 
air temperature,

[[Page 40461]]

heat-unit accumulation, and growing season length. Climatic 
contributing factors, the petitioner continues, include the following: 
the region's topography, a basin depression with surrounding 
mountainous terrain; the continental inland location approximately 310 
miles east of the Cascade Range; and the 43 degree north latitude. The 
petitioner adds that the proposed Snake River Valley viticultural area 
is in a climatic transition zone with both continental and maritime 
regimes. The combination of elevation and latitude of the proposed 
Snake River Valley viticultural area, the petitioner continues, creates 
a shorter grape-growing season than those in many other viticultural 
regions in the Western United States.
    Climatic data for the proposed Snake River Valley viticultural 
area, often referred to as the West Snake River Valley, and for other 
grape-growing districts in the Western United States are noted in the 
climatic data table below.
    The petitioner used online data from 1971 to 2000 compiled and 
archived by the National Climatic Data Center (NCDC), National Oceanic 
and Atmospheric Administration, for four areas within the proposed 
Snake River Valley viticultural area and for three viticultural regions 
outside of Idaho. The petitioner averaged the collected data for the 
four Idaho weather stations listed in the climatic data table below. 
The data are listed separately in the table for each station outside of 
Idaho, including Umpqua Valley, Oregon; Walla Walla Valley, Washington 
and Oregon; and Napa Valley, California, all of which are in 
established American viticultural areas.

    Elevation, Location, and Climatic Data for Four Weather Stations Within Idaho and for Three Weather Stations in Western States, Outside of Idaho
    [In the column headings, Elev. (m) means elevation in meters; MAT, mean annual temperature in degrees Celsius; MAP, mean annual precipitation in
 millimeters; GDD, growing (Celsius) degree-days; GSL, growing season length in days; XMT, 30-year extreme minimum temperature in degrees Celsius (with
   event year); and CNT, degrees of continental influence (mean annual temperature range that increases as the coastal marine influence decreases, in
                                                                    degrees Celsius)]
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   Weather stations in the proposed Snake     Elev.                                                  MAT      MAP                        XMT       CNT
      River Valley viticultural area:          (m)              Location  (lat./long.)            ([deg]C)    (mm)     GDD      GSL    0[deg]C  ([deg]C)
--------------------------------------------------------------------------------------------------------------------------------------------------------
    Parma Experiment Station, ID...........      677  43[deg]48' N./116[deg]57' W.                     9.9      283    1,342      140      -32        25
                                                                                                                                        (1990)
    Weiser, ID.............................      722  44[deg]15' N./116[deg]58' W.                    11.0      307    1,637      136      -34        27
                                                                                                                                        (1990)
    Deer Flat Dam, ID......................      765  43[deg]35' N./116[deg]45' W.                    11.6      258    1,626      165      -30        24
                                                                                                                                        (1989)
    Glenns Ferry, ID.......................      753  42[deg]56' N./115[deg]19' W.                    10.5      248    1,413      125      -32        24
                                                                                                                                        (1989)
    Averages of above four Idaho stations        729  N/A                                             10.8      274    1,504      142      N/A        25
     in WSRV.
Other Western Viticultural Areas (Reporting
 Station):
    Umpqua Valley (Roseburg, OR)...........      128  43[deg]2' N./123[deg]36' W.                     13.0      855    1,484      218        3        15
                                                                                                                                        (1989)
    Walla Walla Valley (Walla Walla, WA)...      357  46[deg]5' N./118[deg]28' N.                     12.3      530    1,715      206      -11        23
                                                                                                                                        (1985)
    Napa Valley (Napa, CA).................       18  38[deg]28' N./122[deg]27' W.                    15.0      672    1,753      259       14        11
                                                                                                                                        (1990)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Precipitation: The proposed Snake River Valley viticultural area is 
a semiarid desert with minimal summer precipitation, the petitioner 
explains. The proposed viticultural area has a mean annual 
precipitation of 10 to 12 inches, the petitioner continues, occurring 
mostly in winter. The low precipitation rate combines with warm weather 
during the growing season, the petitioner notes, and the vineyards 
therefore need irrigation.
    The Idaho weather stations within the proposed Snake River Valley 
viticultural area, according to the petitioner, receive about half the 
annual precipitation of the weather stations at Umpqua Valley, Oregon; 
Walla Walla Valley, Washington and Oregon; and Napa Valley, California. 
The petitioner explains that the lower annual precipitation of the 
proposed Snake River Valley viticultural area may be partially due to 
the rain shadows of the Cascade, Sierra Nevada, and Owyhee mountain 
ranges.
    Temperature: The proposed Snake River Valley viticultural area's 
mean annual temperature, based on an average of the four Idaho stations 
monitored, is 51 degrees F, or 10.8 degrees C, according to the NCDC 
data. The midwinter mean temperatures are below 0 degrees C for several 
months, and potential vineyard damage is a hazard, the petitioner 
explains. The California, Oregon, and Washington weather stations 
listed in the climatic data table above have warmer average 
temperatures in winter. The differences in the extreme winter 
temperatures and the mean annual temperature ranges between the 
proposed Snake River Valley viticultural area and the three weather 
stations monitored in California, Oregon, and Washington and Oregon 
show significant variations in viticultural growing conditions.
    The petitioner explains that the difference in winter temperatures 
between the colder proposed Snake River Valley viticultural area and 
the stations at Umpqua Valley, Oregon; and Walla Walla Valley, 
Washington and Oregon; and Napa Valley, California, results, to a great 
extent, from the higher elevation of the proposed viticultural area, 
which is between 660 and 1,040 meters, or 2,165 and 3,412 feet. 
Elevations of the other stations are Umpqua Valley, about 460 feet; 
Walla Walla Valley, 1,200 feet; and Napa Valley, 40 feet.
    Regarding the seven weather stations, four in Idaho and three in 
other Western States, distances from the Pacific Ocean affect the 
amount of moderating, marine air temperatures they receive. Oceans tend 
to moderate air temperatures over land; hence, a wider annual 
temperature range indicates a greater degree of continental influence, 
or distance from an ocean. The proposed Snake River

[[Page 40462]]

Valley viticultural area and the Walla Walla Valley both have, as a 
measure of continental influence, mean annual temperature ranges of 
about 25 degrees C. In comparison, the Umpqua Valley and the Napa 
Valley, both of which are closer to the Pacific Ocean and are at low 
elevations, have a smaller mean annual temperature range--about 15 
degrees C.
    The temperatures of the proposed Snake River Valley viticultural 
area, according to the petitioner, rise rapidly during the growing 
season, from June through August. The Umpqua Valley in Oregon and the 
proposed Snake River Valley viticultural area have similar, annual, 
total growing degree-days, as shown in the climatic data table above; 
but, they have between 200 and 250 fewer heat units than the Walla 
Walla Valley, Washington and Oregon, and the Napa Valley, California. 
Each degree that a day's mean temperature is above 50 degrees F, which 
is the minimum temperature required for grapevine growth, is counted as 
1 degree-day (see ``General Viticulture,'' Albert J. Winkler, 
University of California Press, 1975).
    The proposed Snake River Valley viticultural area growing season 
length correlates to the frost-free period from about May 10 to 
September 29 annually, according to the petitioner. The total 
measurement of annual viticultural growth is between 64 and 117 days 
less than in the Walla Walla Valley, Washington and Oregon; Umpqua 
Valley, Oregon; and Napa Valley, California, viticultural areas.

Boundary Description

    See the narrative boundary description of the petitioned-for 
viticultural area in the proposed regulatory text published at the end 
of this notice.

Maps

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

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. If we establish this proposed viticultural area, its 
name, ``Snake River Valley'', will be recognized under 27 CFR 
4.39(i)(3) as a name of viticultural significance. The text of the new 
regulation would clarify this point. Consequently, wine bottlers using 
``Snake River Valley'' 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 ``Snake'' or ``Snake River'', 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 ``Snake River Valley'' 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 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 wine must be derived from grapes grown within the area represented 
by that name or other term, and the wine must meet the other conditions 
listed in 27 CFR 4.25(e)(3). If the wine is not eligible to use the 
viticultural area name or other term as an appellation of origin and 
that name or term 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 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 ``Snake River Valley'' 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 Snake River Valley viticultural 
area.
    Different rules apply if a wine has a brand name containing a 
viticultural area name that was used as a brand name on a label 
approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.

Public Participation

Comments Invited

    We invite comments from interested members of the public on whether 
we should establish the proposed viticultural area. We are also 
interested in receiving comments on the sufficiency and accuracy of the 
name, boundary, climatic, and other required information submitted in 
support of the petition. Please provide any available specific 
information in support of your comments.
    TTB is particularly interested in comments on the appropriateness 
of the proposed east boundary line, since the Snake River Valley, 
according to the Geographic Names Information System, extends into 
southeastern Idaho. The petitioner explains that the region east of 
Twin Falls, Idaho, is excluded, based on its being at higher elevations 
and having a colder, drier winter climate that could result in severe 
annual vineyard damage. The petitioner also explains that current place 
name recognition for the Snake River Valley is predominantly within 
southwestern Idaho and southeastern Oregon, the region of the proposed 
viticultural area. In this respect, we are interested in knowing 
whether an alternative name, such as West Snake River Valley, would 
better meet the name-evidence requirement of 27 CFR 9.3(b).
    Because of the potential impact of the establishment of the 
proposed Snake River Valley viticultural area on wine labels that 
include the words ``Snake River Valley'' 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 commenter 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 ``Snake River Valley'' 
name should be considered to have viticultural significance upon 
establishment of the proposed new viticultural area, we also invite 
comments from those who believe that ``Snake'' or ``Snake River'' 
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 ``Snake'' or 
``Snake River'' 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 Snake 
River Valley 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:

[[Page 40463]]

     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 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 Information 
Resource Center at 1310 G Street, NW., Washington, DC 20220. You may 
also obtain copies at 20 cents per 8.5- by 11-inch page. Contact our 
information specialist 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 Information 
Resource Center. 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 Rulings 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, chapter 1, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

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

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

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


Sec.  9.  Snake River Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Snake River Valley''. For purposes of part 4 of this 
chapter, ``Snake River Valley'' is a term of viticultural significance.
    (b) Approved maps. The appropriate maps for determining the 
boundary of the Snake River Valley viticultural area are 14 United 
States Geological Survey 1:100,000 scale, metric topographic maps. They 
are titled, (1) Baker, Oregon-Idaho, 1981;
    (2) McCall, Idaho-Oregon, 1980, Photoinspected 1990;
    (3) Weiser, Idaho-Oregon, 1980, Photoinspected 1990;
    (4) Boise, Idaho-Oregon, 1981;
    (5) Idaho City, Idaho, 1982;
    (6) Murphy, Idaho, 1986;
    (7) Mountain Home, Idaho, 1990;
    (8) Fairfield, Idaho, 1978;
    (9) Twin Falls, Idaho, 1979;
    (10) Glenns Ferry, Idaho, 1992;
    (11) Triangle, Idaho, 1990;
    (12) Mahogany Mountain, Idaho, 1978;
    (13) Vale, Oregon-Idaho; 1993; and
    (14) Brogan, Oregon-Idaho, 1980
    (c) Boundary. The Snake River Valley viticultural area is located 
in Ada, Adams, Boise, Canyon, Elmore, Gem, Gooding, Jerome, Owyhee, 
Payette, Twin Falls, and Washington Counties in southwestern Idaho and 
in Baker and Malheur Counties in southeastern Oregon. The boundary of 
the Snake River Valley viticultural area is as described below:
    (1) The beginning point is on the Baker map in Oregon at the 
intersection of the 1,040-meter contour line and Interstate 84, between 
Pleasant Valley and Oxman in Baker County, T10S/R42E;
    (2) From the beginning point proceed east following the 1,040-meter 
contour line along the eastern side of the Burnt River Valley, then 
crossing over to the Brogan map, proceed northerly along the western 
side of the Snake River Valley and, crossing back over to the Baker 
map, proceed westerly along the southern side of the Powder River 
Valley to the 1,040-meter contour line's intersection with the northern 
boundary of Baker County, T7S/R40E, on the Baker map;
    (3) Proceed 7.5 miles straight east along the northern boundary of 
Baker County to its intersection with the 1,040-meter line east of 
Oregon State Road 203 and three unnamed creeks, T7S/R41E, on the Baker 
map;
    (4) Proceed generally southeast along the 1,040-meter contour line 
onto the McCall map, to its intersection with the 45 degree north 
latitude, to the immediate west of North Creek in the Hell's Canyon 
National Recreation Area, T6S/R47E, on the northern border of the 
McCall map;
    (5) Proceed straight east along the 45 degree north latitude to its 
intersection with the 1,040-meter contour line, to the immediate east 
of North Creek, T6S/R47E, on the McCall map;
    (6) Follow the 1,040-meter contour line, which encircles the 
northern portion of McLain Gulch, to its second intersection with the 
45 degree north longitude, west of the Snake River in Baker County, 
Oregon, T6S/R48E, on the McCall map;
    (7) Proceed straight east along the 45 degree north latitude to its 
intersection

[[Page 40464]]

with the 1,040-meter contour line, to east of the Snake River and 
Indian Creek in Adams County, Idaho, T6S/R48W, on the McCall map;
    (8) Continue following the 1,040-meter contour line in a clockwise 
rotation on the McCall map, proceeding southerly on the southeast side 
of the Snake River, northeasterly north of the Crooked River, crossing 
the Crooked River, T7S/R3W, proceeding southwesterly south of the 
Crooked River, crossing Brownlee Creek, T16N/R4W, proceeding generally 
southwesterly onto the Baker map, continuing southwesterly, crossing 
Sturgill Creek, T15N/R6W, and Dennett Creek, T14N/R6W, proceeding onto 
the Brogan map, proceeding southeasterly, crossing Rock Creek, T13N/
R6W, proceeding onto the Weiser map, proceeding northeasterly, north of 
the Mann Creek State Recreation Area, crossing Mann Creek, T13N/R5W, 
continuing northeasterly onto the McCall map;
    (9) Continue following the 1,040-meter contour line in a clockwise 
rotation on the McCall map, proceeding northeasterly, crossing Pine 
Creek, T15N/R4W, and Hornet Creek, T8S/R2W, passing west of the Payette 
National Forest, proceeding southerly, passing east of Mesa, onto the 
Weiser map, proceeding southerly, crossing Crane Creek, T12N/R1W, 
turning westerly, rounding north of the Paddock Valley Reservoir, 
crossing Willow Creek, T9N/R1W, turning southerly onto the Boise map, 
looping southerly and northerly north of the Black Canyon Reservoir and 
moving back onto the Weiser map;
    (10) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Weiser map, proceeding northerly, crossing Squaw Creek, 
T12N/R1E, and then southerly, crossing Cottonweed Creek, T11N/R1E, and 
then southerly again onto the Boise map, rounding south of South 
Mountain, back onto the Weiser map, proceeding northeasterly north of 
the Payette River, crossing the North Fork Payette River, T10N/R3E, 
then proceeding southwesterly south of the Payette River, onto the 
Boise map, proceeding generally southerly, crossing Cartwright Creek, 
T6N/R2E, and proceeding westerly and southeasterly towards Lucky Peak 
Lake, and then turning northward onto the Idaho City map;
    (11) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Idaho City map, proceeding northerly, crossing Grimes 
and Mores Creek, T5N/R4E, and then proceeding southerly to Lucky Peak 
Lake, turning northeasterly north of the Lucky Peak Lake, Arrowrock 
Reservoir, and Middle Fork Boise River to T4N/R7E, crossing the Middle 
Fork Boise River and proceeding southwesterly south of the Middle Fork 
Boise River, to the South Fork Boise River, crossing the South Fork 
Boise River, T2N/R6E, proceeding onto the Boise map proceeding 
southwesterly south of Lucky Peak Lake onto the Murphy map;
    (12) Continue following the 1,040-meter contour line in a clockwise 
rotation southeasterly on the Murphy map to the Mountain Home map, 
proceeding southeasterly, crossing Canyon Creek, passing north of 
Mountain Home Reservoir, crossing King Hill Creek, onto the Fairfield 
map, proceeding easterly, crossing Clover Creek, T4S/R13E, proceeding 
southerly onto the Twin Falls map;
    (13) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Twin Falls map, proceeding southeasterly to the Snake 
River, T9S/R14E, following north of the Snake River and crossing at 
T10S/R18E, northeast of Twin Falls, proceeding westerly south of the 
Snake River to the Salmon River, following east of the Salmon River and 
crossing at T10S/R13E, proceeding northerly west of the Salmon River 
and the Hagerman Wildlife Management Area, proceeding west onto the 
Glenns Ferry map;
    (14) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Glenns Ferry map, proceeding generally west to Rosevear 
Gulch, turning south between Rosevear Gulch and Pilgrim Gulch, near 
Deadman Creek, heading northwesterly, continuing through the Bruneau 
Desert, crossing Hole Creek in Pot Canyon and proceeding to Bruneau 
Canyon, proceeding southeasterly east of Bruneau Canyon, crossing 
Bruneau Canyon, T10S/R7E, proceeding west of Bruneau Canyon then west 
onto the Triangle map;
    (15) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Triangle map, heading northwesterly, crossing Shoofly 
Creek and Alder Creek, T6S/R1W, onto the Murphy map, continuing 
northwesterly to Sinker Creek, crossing Sinker Creek, T4S/R2W, 
continuing northwesterly to Jump Creek, crossing Jump Creek, T1N/R5W, 
proceeding northwesterly onto the Boise map, crossing its southwestern 
corner, T2N/R5W, onto the Mahogany Mountain map;
    (16) Continue following the 1,040-meter contour line in a clockwise 
rotation onto the Mahogany Mountain map, proceeding westerly onto the 
Vale map, generally northwesterly then southwesterly onto the Mahogany 
Mountain map, proceeding southwest, west, and generally north onto the 
Vale map, passing through Succor Creek State Recreational Area, 
returning to the Mahogany Mountain map, and, passing east of McIntyre 
Ridge, crossing Succor Creek, T1N/R46E, proceeding northerly back onto 
the Vale map;
    (17) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Vale map, proceeding northerly east of Owyhee Ridge and 
Long Draw to north of Lake Owyhee, southwesterly and southerly south of 
Lake Owyhee onto the Mahogany Mountain map, southwesterly south of Lake 
Owyhee, the Owyhee River, and Owyhee Canyon, crossing Owyhee Canyon at 
T29S/R41E, proceeding northerly west of Owyhee Canyon, northeasterly 
west of Owyhee River and Owyhee Reservoir, and northerly onto the Vale 
map;
    (18) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Vale map, proceeding generally northerly to T20S/R42E, 
southwesterly east of Cottonwood Creek, crossing Cottonwood Creek, 
T22S/R40E, proceeding north to the Malheur River, following the Malheur 
River westerly to the intersection of the 1,040-meter contour line and 
the 118 degree longitude in Malheur County, Oregon, T21S/R38E, on the 
western border of the Vale map;
    (19) Proceed straight north along the 118 degree longitude to its 
intersection with the 1,040 meter contour line, north of the Malheur 
River, T20S/R38E, proceeding easterly north of the Malheur River to Hog 
Creek, crossing Hog Creek, T20S/R40E, and proceeding northerly on the 
Vale map;
    (20) Continue following the 1,040-meter contour line in a clockwise 
rotation, crossing onto the Brogan map, proceeding easterly, northerly, 
and westerly to and around Malheur Reservoir, T14S/R41E, proceeding 
easterly to Cottonwood Gulch then northerly to Dixie Creek, crossing 
Dixie Creek, T12S/RR41E, proceeding easterly and northerly onto the 
Baker map;
    (21) Continue following the 1,040-meter contour line in a clockwise 
rotation on the Baker map, proceeding westerly south of the Burnt 
River, crossing the Burnt River, T10S/R41E, proceeding easterly north 
of the Burnt River to Gravel Pits, then northerly, returning to the 
beginning point.

    Signed: June 29, 2006.
John J. Manfreda,
Administrator.
 [FR Doc. E6-11078 Filed 7-14-06; 8:45 am]
BILLING CODE 4810-31-P