[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Proposed Rules]
[Pages 19908-19914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08496]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2015-0006; Notice No. 150]
RIN 1513-AC18


Proposed Establishment of the Eagle Foothills Viticultural Area

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

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to 
establish the approximately 49,815-acre ``Eagle Foothills'' 
viticultural area in Gem and Ada Counties in Idaho. The proposed 
viticultural area lies entirely within the Snake River Valley 
viticultural area. TTB designates viticultural areas to allow vintners 
to better describe the origin of their wines and to allow consumers to 
better identify wines they may purchase. TTB invites comments on this 
proposed addition to its regulations.

DATES: Comments must be received by June 15, 2015.

ADDRESSES: Please send your comments on this notice to one of the 
following addresses:
     Internet: http://www.regulations.gov (via the online 
comment form for this notice as posted within Docket No. TTB-2015-0006 
at ``Regulations.gov,'' the Federal e-rulemaking portal);
     U.S. Mail: Director, Regulations and Rulings Division, 
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, 
Washington, DC 20005; or
     Hand delivery/courier in lieu of mail: Alcohol and Tobacco 
Tax and Trade Bureau, 1310 G Street NW., Suite 200-E, Washington, DC 
20005.
    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 or view or obtain copies 
of the petition and supporting materials.

FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street

[[Page 19909]]

NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act 
pursuant to section 1111(d) of the Homeland Security Act of 2002, 
codified at 6 U.S.C. 531(d). The Secretary has delegated various 
authorities through Treasury Department Order 120-01 (Revised), dated 
December 10, 2013, to the TTB Administrator to perform the functions 
and duties in the administration and enforcement of this law.
    Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to 
establish definitive viticultural areas and regulate 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) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved AVAs.

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 having distinguishing features, as described in part 9 
of the regulations, and a name and a delineated boundary, as 
established 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 the 
wine's geographic origin. The establishment of AVAs allows vintners to 
describe more accurately the origin of their wines to consumers and 
helps consumers to identify wines they may purchase. Establishment of 
an AVA 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 (27 CFR 4.25(e)(2)) 
outlines the procedure for proposing an AVA and provides that any 
interested party may petition TTB to establish a grape-growing region 
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes 
the standards for petitions for the establishment or modification of 
AVAs. Petitions to establish an AVA must include the following:
     Evidence that the area within the proposed AVA boundary is 
nationally or locally known by the AVA name specified in the petition;
     An explanation of the basis for defining the boundary of 
the proposed AVA;
     A narrative description of the features of the proposed 
AVA affecting viticulture, such as climate, geology, soils, physical 
features, and elevation, that make the proposed AVA distinctive and 
distinguish it from adjacent areas outside the proposed viticultural 
AVA;
     The appropriate United States Geological Survey (USGS) 
map(s) showing the location of the proposed AVA, with the boundary of 
the proposed AVA clearly drawn thereon; and
     A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

Eagle Foothills Petition

    TTB received a petition from Martha Cunningham, owner of the 3 
Horse Ranch Vineyards, on behalf of the local grape growers and 
vintners, proposing the establishment of the ``Eagle Foothills'' AVA. 
The original proposed name for the AVA was ``Willow Creek Idaho.'' 
However, after TTB determined that the name evidence provided in the 
petition did not sufficiently demonstrate that the region is known by 
that name, the petitioner submitted a request to change the proposed 
AVA name to ``Eagle Foothills.''
    The proposed Eagle Foothills AVA covers portions of Gem and Ada 
Counties, Idaho, and is located to the immediate north of the city of 
Eagle and approximately 10 miles northwest of the city of Boise. The 
proposed AVA lies entirely within the established Snake River Valley 
AVA (27 CFR 9.208) and does not overlap any other existing or proposed 
AVA. The proposed Eagle Foothills AVA contains approximately 49,815 
acres, with 9 commercially-producing vineyards covering a total of 67 
acres distributed throughout the proposed AVA. The petition states that 
an additional 4 acres will soon be added to an existing vineyard. 
Additionally, 7 commercial vineyards covering approximately 472 acres 
are planned within the proposed AVA in the next few years.
    According to the petition, the distinguishing features of the 
proposed Eagle Foothills AVA include its topography, soils, and 
climate. Unless otherwise noted, all information and data pertaining to 
the proposed AVA contained in this document are from the petition for 
the proposed Eagle Foothills AVA and its supporting exhibits.

Name Evidence

    The proposed Eagle Foothills AVA is located on the southwestern 
flanks of Prospect Peak and Crown Point, two prominent peaks in the 
mountainous region known as the ``Boise Front,'' which rises to the 
east of the proposed AVA. Due to its location north of the city of 
Eagle and within the foothills of the Boise Front, the region of the 
proposed AVA is commonly referred to as the ``Eagle Foothills.''
    The petitioner provided several examples of the use of ``Eagle 
Foothills'' to refer to the region of the proposed AVA. For example, a 
local ranch offers several guided horseback tours, including one 
through the ``Eagle Foothills.'' \1\ A Web site dedicated to hiking in 
Idaho features the ``Eagle Foothills Little Gulch Loop'' trail, which 
is located within the proposed AVA.\2\ A news story from a local 
television station described a wildfire within the proposed AVA, which 
destroyed several houses in ``the Eagle Foothills.'' \3\ A Web site 
dedicated to news and reviews of wines from the northwestern United 
States features a story about 3 Horse Ranch Vineyards, which is located 
within the proposed AVA, and refers to the vineyard and winery as being 
located ``in the Eagle Foothills north of Boise.'' \4\ The Ada County 
Highway District Web site includes a page about transportation projects 
``in and around the Eagle Foothills,'' including funding to improve 
State Highway 16, which runs through the proposed AVA.\5\ A real estate 
listing for a home for sale within the proposed AVA, describes the home 
as being ``close to the Eagle Foothills

[[Page 19910]]

equestrian trails.'' \6\ Finally, a planned community being developed 
within a portion of the proposed AVA is described as covering ``land 
running . . . along the Eagle Foothills.'' \7\
---------------------------------------------------------------------------

    \1\ www.sweetpepperranch.com/local-attractions/riding-destinations/eagle-foothills.
    \2\ www.trimbleoutdoors.com/ViewTrip/1709698.
    \3\ www.ktvb.com/story/local/2014/07/16/11528375.
    \4\ Eric Degerman. ``Idaho's high-elevation Pinot Gris produces 
awards, fans.'' Great Northwest Wine, June 11, 2013. 
www.greatnorthwestwine.com/2013/06/11.
    \5\ www.achdidaho.org/projects/PublicProject.aspx?ProjectID=124.
    \6\ www.brechtproperties.com/Property/3175-W-Homer-Road-Eagle-Idaho.
    \7\ www.m3companiesllc.com/communities/m3eagle.
---------------------------------------------------------------------------

Boundary Evidence

    The northern boundary of the proposed Eagle Foothills AVA follows 
straight lines drawn between peaks marked on the USGS Southwest Emmett 
and Southeast Emmett quadrangle maps. The boundary separates the rugged 
terrain of the proposed AVA from the lower, flatter elevations of 
Emmett Valley and the Payette River Plain. The proposed eastern 
boundary follows the 3,400-foot elevation contour and lines drawn 
between peaks on the USGS Pearl and Eagle quadrangle maps to 
approximate the eastern boundary of the established Snake River Valley 
AVA. TTB notes that the proposed boundary is only an approximation of 
the Snake River Valley AVA because the established AVA's boundaries 
were drawn using maps that measure elevations in meters instead of 
feet. The proposed eastern boundary separates the proposed AVA from the 
higher elevations of the Boise Front, including Prospect Peak and Crown 
Point. The proposed southern boundary follows roads marked on the USGS 
Eagle, Star, and Middleton quadrangle maps in order to separate the 
proposed AVA from the lower elevations and urban landscape of the 
cities of Eagle and Boise. The proposed western boundary follows the 
Ada-Canyon County line and separates the proposed AVA from the lower 
elevations and flatter terrain of the Boise River Plain.

Distinguishing Features

    The distinguishing features of the proposed Eagle Foothills AVA 
include its topography, soils, and climate.
Topography
    According to the petition, the proposed Eagle Foothills AVA is 
located within the Unwooded Alkaline Foothills ecoregion of Idaho.\8\ 
This ecoregion is defined as an arid, sparsely populated region of 
rolling foothills, benches, and alluvial fans commonly underlain by 
alkaline lake bed deposits. Perennial streams are rare, but limited 
agriculture occurs where there is water available for irrigation. Most 
of the landscape is used for grazing livestock or as wildlife habitat.
---------------------------------------------------------------------------

    \8\ C.L. McGrath, Ecoregions of Idaho (Reston, VA: U.S. 
Geological Survey, 2002).
---------------------------------------------------------------------------

    A network of seasonal creeks, including Willow Creek, Big Gulch 
Creek, Little Gulch Creek, Woods Gulch, and their tributaries, flow 
southwesterly through the proposed AVA and have etched deep gulches. 
The rugged terrain has a variety of slope aspects, including a 
multitude of south-facing slopes that are preferred by vineyard owners. 
Slope angles vary within the proposed AVA from 2 to 15 degrees, with an 
average of 8 degrees. Elevations within the proposed AVA range from 
2,490 feet to approximately 3,400 feet, with an average elevation of 
approximately 2,900 feet.
    The topography of the proposed Eagle Foothills AVA is 
distinguishable from that of the surrounding regions. To the north of 
the proposed AVA is Emmett Valley and the Payette River Plain, which 
are classified within the Treasure Valley ecoregion of Idaho. The 
Treasure Valley ecoregion is described as being heavily irrigated for 
agricultural purposes and having a much greater population density than 
the Unwooded Alkaline Foothills ecoregion in which the proposed AVA is 
located.\9\ Elevations in Emmett Valley and the Payette River Plain are 
lower and flatter than within the proposed AVA. To the east of the 
proposed AVA is the mountainous region known as the Boise Front, which 
has higher elevations than the proposed AVA. Crown Point and Prospect 
Peak, the two peaks in the Boise Front that are closest to the proposed 
AVA, reach 5,163 feet and 4,867 feet, respectively. To the south and 
west of the proposed AVA is the Boise River Plain, which has lower 
elevations and is classified as a continuation of the Treasure Valley 
ecoregion. Slope angles are shallow in the Boise River Plain, averaging 
less than 2 percent. The region to the south of the proposed AVA is 
also heavily urbanized and contains the cities of Boise and Eagle, in 
contrast with the relatively undeveloped proposed AVA.
---------------------------------------------------------------------------

    \9\ Ibid.
---------------------------------------------------------------------------

    The topography of the proposed Eagle Foothills AVA has an effect on 
viticulture. For example, the elevations within the proposed AVA are 
higher than the elevations in the regions to the north, west and south, 
so cold air drains away from the proposed AVA and pools in the 
neighboring plains and valleys. As a result, damaging frosts are not as 
common within the proposed AVA as they are in the lower surrounding 
regions. Additionally, the abundance of south-facing slopes within the 
proposed AVA allows vineyards to be planted where the vines can receive 
the most sunlight. According to the petition, a vineyard on a south-
facing slope with a 10 percent slope angle can receive 25 percent more 
sunlight than a vineyard planted on a flat site.
Soils
    Loams, sandy loams, coarse sandy loams, and stony loams are the 
predominate soils of the proposed Eagle Foothills AVA. These soils 
derived from the erosion of the sedimentary bedrock that once formed 
the bottom of the ancient Lake Idaho, as well as from the erosion of 
the granitic mountains of the Boise Front. Small amounts of volcanic 
ash are present in the soils, and levels of organic matter are low. The 
soils are notable for their large, irregularly shaped, coarse grains, 
which allow water to drain quickly and thoroughly and contribute to a 
relatively low water-holding capacity. Depth to bedrock ranges from 25 
to 50 inches, and pH levels range from mildly acidic (6.75) to mildly 
alkaline (7.25).
    The soils of the surrounding regions are distinguishable from the 
soils of the proposed AVA. To the north and south of the proposed AVA, 
the soils are primarily derived from active flood-plain alluvium from 
the Payette and Boise River systems, respectively. These soils have a 
finer, more uniform texture and greater water-holding capacity than the 
coarser, larger-grained soils of the proposed Eagle Foothills AVA. To 
the east, the soils in the mountains of the Boise Front are derived 
primarily from granite and volcanic materials and lack the sedimentary 
materials found in the soils of the proposed AVA. To the west of the 
proposed AVA, the soils become increasingly fine-grained and the depth 
to bedrock increases due to greater wind-blown and alluvial deposition. 
According to the petition, soils to the west of the proposed AVA can 
reach depths of 150 inches or more.
    The soils of the proposed Eagle Foothills AVA have an effect on 
viticulture. The large, coarse, irregularly shaped grains found in most 
of the soils of the proposed AVA do not fit together tightly, allowing 
for ``pockets'' of oxygen to form between the grains. These ``pockets'' 
promote healthy root growth because if a soil is too compacted, the 
roots can essentially suffocate and die from lack of oxygen. The spaces 
between soil grains also discourage rot and mildew because they allow 
water to drain more rapidly than finer, uniform soil grains that are 
more closely packed together. The depth of the soil within the proposed 
AVA allows roots to reach depths that are deep enough to not be overly 
sensitive

[[Page 19911]]

to changes in soil moisture level, but the soils are not so deep as to 
encourage overly vigorous vine growth. Finally, the pH levels of the 
soils are neutral enough to promote the optimal absorption of necessary 
mineral nutrients such as zinc and iron.
Climate
    The petition provided information to show that the climate of the 
proposed Eagle Foothills AVA is distinguishable from that of the 
surrounding regions. The following table from the petition summarizes 
the annual precipitation amounts, average growing season temperature, 
growing degree day (GDD) accumulation \10\, last spring and first fall 
frost dates, and length of the frost-free period for the proposed AVA 
and the surrounding regions \11\. Because there are no weather stations 
located within the proposed AVA, the petitioner used the PRISM climate 
model \12\ to estimate the temperature and precipitation data for the 
proposed AVA.
---------------------------------------------------------------------------

    \10\ In the Winkler climate classification system, annual heat 
accumulation during the growing season, measured in annual growing 
degree days (GDD), defines climatic regions. One GDD accumulates for 
each degree Fahrenheit that a day's mean temperature is above 50 
degrees, the minimum temperature required for grapevine growth 
(``General Viticulture,'' by Albert J. Winkler, University of 
California Press, 1974, pages 61-64).
    \11\ Data for the listed weather stations gathered from the 
Western Regional Climate Center, www.wrcc.dri.edu.
    \12\ The Parameter Elevation Regression on Independent Slopes 
Model (PRISM) climate data mapping system combined climate normals 
gathered from weather stations, along with other factors such as 
elevation, longitude, slope angles, and solar aspect to estimate the 
general climate patterns for the proposed AVA and the surrounding 
regions. Climate normals are only calculated every 10 years, using 
30 years of data, and at the time the petition was submitted, the 
most recent climate normals available were from the period of 1971-
2000.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           Boise-Air
                                    Proposed Eagle         Caldwell        Emmett (north of    Nampa  (southwest     Boise-``7 N''     Terminal  Station
            Variable                 Foothills AVA       (southwest of       proposed AVA)     of  proposed AVA)   Station (east of      (southeast of
                                                         proposed AVA)                                               proposed AVA)       proposed AVA)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average annual precipitation      14.3..............  11.4..............  13.8..............  10.9..............  19.2..............  11.7.
 (inches).
Average annual GDD accumulation.  2,418.............  2,939.............  2,728.............  2,695.............  2,299.............  2,930.
Average date of last spring       May 12............  April 24..........  May 6.............  May 5.............  May 24............  May 10.
 frost.
Average date of first fall frost  October 3.........  October 7.........  October 7.........  October 11........  October 5.........  October 6.
Average annual frost-free period  144...............  165...............  153...............  160...............  133...............  149.
 (days).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The proposed Eagle Foothills AVA has a cool climate, as evidenced 
by the short growing season and low GDD accumulations. The cool climate 
of the proposed AVA places it in Region 1b of the Winkler 
classification system, meaning that early- and mid-season varieties of 
grapes, such as Chardonnay, Pinot Gris, and Riesling, can successfully 
grow and ripen. Additionally, the cool temperatures of the proposed AVA 
produce grapes with lower acidity levels than the same grape varietals 
grown in warmer climates. Finally, the rainfall amounts within the 
proposed AVA are sufficient to promote healthy vine growth but also are 
low enough to produce small berries with concentrated flavors that are 
not diluted by an excess of water.
    The climate of the proposed Eagle Foothills AVA is different from 
that of the surrounding region. The higher elevations to the east, 
where the Boise ``7N'' weather station is located, have higher 
precipitation amounts, a shorter growing season, and lower GDD 
accumulations (indicating cooler growing season temperatures) that 
would not allow most varieties of grapes to ripen reliably. The 
Caldwell, Emmett, Nampa, and Boise Air Terminal weather stations, all 
of which are at lower elevations than the proposed AVA, have lower 
precipitation amounts, a longer growing season, and higher GDD 
accumulations (indicating warmer growing season temperatures). Based on 
the GDD accumulations, these lower plains regions are classified as 
Region II areas in the Winkler classification system.
Summary of Distinguishing Features
    In summary, the topography, soils, and climate of the proposed 
Eagle Foothills AVA distinguish it from the surrounding regions. The 
following table, derived from information in the petition, compares the 
features of the proposed AVA to the features of the surrounding areas.

------------------------------------------------------------------------
            Region                          Characteristics
------------------------------------------------------------------------
Proposed Eagle Foothills AVA.  Rugged terrain; moderate elevations; low
                                GDD accumulations; short growing season;
                                moderate annual rainfall amounts;
                                rapidly-draining coarse-grained soils
                                derived from sedimentary bedrock.
North, South, and West of      Flat valley terrain; low elevations; low
 proposed AVA.                  annual rainfall amounts; high GDD
                                accumulations; long growing season; slow
                                draining, fine-grained soils derived
                                from alluvium.
East of proposed AVA.........  Mountainous terrain; very high
                                elevations; very low GDD accumulations;
                                very short growing season; high annual
                                rainfall amounts; soils derived from
                                granite and volcanic material.
------------------------------------------------------------------------

Comparison of the Proposed Eagle Foothills AVA to the Existing Snake 
River Valley AVA

Snake River Valley AVA
    T.D. TTB-59, which published in the Federal Register on March 9, 
2007 (72 FR 10598), established the Snake River Valley AVA in portions 
of southeastern Oregon and southwestern Idaho. The AVA covers the 
remains of the ancient Lake Idaho, which filled the western part of the 
Snake River Valley approximately 4 million years ago. Much of the AVA 
boundary follows the 1,040-meter elevation contour because conditions 
above that elevation are not conducive to viticulture. The Snake River 
Valley AVA is described in T.D. TTB-59 as a semiarid desert with annual 
rainfall amounts of 10 to 12

[[Page 19912]]

inches and as having a frost-free period from May 10 to September 29. 
Vineyards within the AVA are typically planted in shallow soils on 
slopes.
    The proposed Eagle Foothills AVA is located along the eastern edge 
of the Snake River Valley AVA and shares some broad characteristics 
with the established AVA. The proposed AVA is also located within the 
remains of ancient Lake Idaho at elevations below 1,040 meters 
(approximately 3,412 feet). Like much of the Snake River Valley AVA, 
the proposed Eagle Foothills AVA is a semiarid region with vineyards 
planted on slopes to maximize sunlight exposure and minimize the risk 
of frost. However, the proposed viticultural area receives several more 
inches of rainfall annually, in comparison with the majority of the 
Snake River Valley AVA. Additionally, the growing season for the 
proposed Eagle Foothills AVA is slightly longer. Finally, although T.D. 
TTB-59 states that the soils within the large Snake River Valley AVA 
are too varied to be a distinguishing feature, the much smaller 
proposed Eagle Foothills AVA has fairly uniform soil characteristics 
throughout, and the soils of the proposed AVA can be distinguished from 
the soils of the surrounding regions.

TTB Determination

    TTB concludes that the petition to establish the approximately 
49,815-acre Eagle Foothills AVA merits consideration and public 
comment, as invited in this notice of proposed rulemaking.

Boundary Description

    See the narrative description of the boundary of the petitioned-for 
AVA in the proposed regulatory text published at the end of this 
proposed rule.

Maps

    The petitioner provided the required maps, and they are listed 
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. For a wine to be labeled with an AVA name or with a 
brand name that includes an AVA name or other term identified as being 
viticulturally significance 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 for labeling with an AVA name or other viticulturally 
significant term 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 AVA name or 
other viticulturally significant term appears in another reference on 
the label in a misleading manner, the bottler would have to obtain 
approval of a new label. Different rules apply if a wine has a brand 
name containing an AVA name or other viticulturally significant term 
that was used as a brand name on a label approved before July 7, 1986. 
See Sec.  4.39(i)(2) of the TTB regulations (27 CFR 4.39(i)(2)) for 
details.
    If TTB establishes this proposed AVA, its name, ``Eagle 
Foothills,'' will be recognized as a name of viticultural significance 
under Sec.  4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The 
text of the proposed regulation clarifies this point. Consequently, 
wine bottlers using the name ``Eagle Foothills'' in a brand name, 
including a trademark, or in another label reference as to the origin 
of the wine, would have to ensure that the product is eligible to use 
the AVA name as an appellation of origin if this proposed rule is 
adopted as a final rule.
    The approval of the proposed Eagle Foothills AVA would not affect 
any existing AVA, and any bottlers using ``Snake River Valley'' as an 
appellation of origin or in a brand name for wines made from grapes 
grown within the Snake River Valley would not be affected by the 
establishment of this new AVA. The establishment of the proposed Eagle 
Foothills AVA would allow vintners to use ``Eagle Foothills'' and 
``Snake River Valley'' as appellations of origin for wines made from 
grapes grown within the proposed Eagle Foothills AVA, if the wines meet 
the eligibility requirements for the appellation.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether it should establish the proposed AVA. TTB is also interested in 
receiving comments on the sufficiency and accuracy of the name, 
boundary, soils, climate, and other required information submitted in 
support of the petition. In addition, given the proposed Eagle 
Foothills AVA's location within the existing Snake River Valley AVA, 
TTB is interested in comments on whether the evidence submitted in the 
petition regarding the distinguishing features of the proposed AVA 
sufficiently differentiates it from the existing Snake River Valley 
AVA. TTB is also interested in comments on whether the geographic 
features of the proposed AVA are so distinguishable from the 
surrounding Snake River Valley AVA that the proposed Eagle Foothills 
AVA should no longer be part of that AVA. Please provide any available 
specific information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Eagle Foothills AVA on wine labels that include the term 
``Eagle Foothills'' as discussed above under Impact on Current Wine 
Labels, TTB is particularly interested in comments regarding whether 
there will be a conflict between the proposed AVA name and currently 
used brand names. If a commenter believes that a conflict will arise, 
the comment should describe the nature of that conflict, including any 
anticipated negative economic impact that approval of the proposed AVA 
will have on an existing viticultural enterprise. TTB is also 
interested in receiving suggestions for ways to avoid conflicts, for 
example, by adopting a modified or different name for the AVA.

Submitting Comments

    You may submit comments on this notice by using one of the 
following three methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this notice within Docket No. TTB-2015-
0006 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under 
Notice No. 150 on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml">http://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments 
submitted via Regulations.gov. For complete instructions on how to use 
Regulations.gov, visit the site and click on the ``Help'' tab.
     U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
     Hand Delivery/Courier: You may hand-carry your comments or 
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau, 
1310 G Street NW., Suite 200-E, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
notice. Your comments must reference Notice No. 150 and include your 
name and mailing address. Your comments also

[[Page 19913]]

must be made in English, be legible, and be written in language 
acceptable for public disclosure. TTB does not acknowledge receipt of 
comments, and TTB considers all comments as originals.
    In your comment, please clearly state if you are commenting for 
yourself or on behalf of an association, business, or other entity. If 
you are commenting on behalf of an entity, your comment must include 
the entity's name, as well as your name and position title. If you 
comment via Regulations.gov, please enter the entity's name in the 
``Organization'' blank of the online comment form. If you comment via 
postal mail or hand delivery/courier, please submit your entity's 
comment on letterhead.
    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 comments and attachments are part of the public 
record and subject to disclosure. Do not enclose any material in your 
comments that you consider to be confidential or inappropriate for 
public disclosure.

Public Disclosure

    TTB will post, and you may view, copies of this notice, selected 
supporting materials, and any online or mailed comments received about 
this proposal within Docket No. TTB-2015-0006 on the Federal e-
rulemaking portal, Regulations.gov, at http://www.regulations.gov. A 
direct link to that docket is available on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 150. You may 
also reach the relevant docket through the Regulations.gov search page 
at http://www.regulations.gov. For information on how to use 
Regulations.gov, click on the site's ``Help'' tab.
    All posted comments will display the commenter's name, organization 
(if any), city, and State, and, in the case of mailed comments, all 
address information, including email addresses. TTB may omit voluminous 
attachments or material that the Bureau considers unsuitable for 
posting.
    You may also view copies of this notice, all related petitions, 
maps and other supporting materials, and any electronic or mailed 
comments that TTB receives about this proposal by appointment at the 
TTB Information Resource Center, 1310 G Street NW., Washington, DC 
20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page. 
Please note that TTB is unable to provide copies of USGS maps or other 
similarly-sized documents that may be included as part of the AVA 
petition. Contact TTB's information specialist at the above address or 
by telephone at 202-453-2270 to schedule an appointment or to request 
copies of comments or other materials.

Regulatory Flexibility Act

    TTB certifies 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

    It has been determined that this proposed rule is not a significant 
regulatory action as defined by Executive Order 12866 of September 30, 
1993. Therefore, no regulatory assessment is required.

Drafting Information

    Karen A. Thornton of the Regulations and Rulings Division drafted 
this notice of proposed rulemaking.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, TTB proposes to amend 
title 27, chapter I, part 9, Code of Federal Regulations, 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. Subpart C is amended by adding Sec.  9.___ to read as follows:


Sec.  9.  Eagle Foothills.

    (a) Name. The name of the viticultural area described in this 
section is ``Eagle Foothills''. For purposes of part 4 of this chapter, 
``Eagle Foothills'' is a term of viticultural significance.
    (b) Approved maps. The 6 United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Eagle Foothills viticultural area are titled:
    (1) Southwest Emmett, Idaho, 1970;
    (2) Southeast Emmett, Idaho, provisional edition 1985;
    (3) Pearl, Idaho, provisional edition 1985;
    (4) Eagle, Idaho, 1998;
    (5) Star, Idaho, 1953; and
    (6) Middleton, Idaho, 1958; photorevised 1971.
    (c) Boundary. The Eagle Foothills viticultural area is located in 
Gem and Ada Counties in Idaho. The boundary of the Eagle Foothills 
viticultural area is as described below:
    (1) The beginning point is on the Southwest Emmett map at the 
intersection of the Ada, Gem, and Canyon County lines at the 
southwestern corner of section 31, T6N/R1W.
    (2) From the beginning point, proceed north along the western 
boundary of sections 31 and 30 to the northwest corner of section 31, 
T6N/R1W; then
    (3) Proceed north-northeast in a straight line to the marked 3,109-
foot elevation point near the southwest corner of section 31, T6N/R1W; 
then
    (4) Proceed northeast in a straight line, crossing onto the 
Southeast Emmett map, to the marked 3,230-foot elevation point in 
section 22, T6N/R1W; then
    (5) Proceed east-northeast in a straight line to the marked 3,258-
foot elevation point in section 23, T6N/R1W; then
    (6) Proceed easterly in a straight line to the 3,493-foot elevation 
point in section 23, T6N/R1W; then
    (7) Proceed northeast in a straight line to the 3,481-foot 
elevation point in section 13, T6N/R1W; then
    (8) Proceed northeast in a straight line to the intersection of the 
marked 4-wheel drive trail with the R1W range line; then
    (9) Proceed north along the R1W range line to its first 
intersection with the 3,400-foor elevation contour; then
    (10) Proceed east along the meandering 3,400-foot elevation 
contour, crossing onto the Pearl map, then continuing easterly, then 
southerly, along the meandering 3,400-foot elevation contour, crossing 
Schiller Creek, the North and South Forks of Willow Creek, and Big 
Gulch Creek, to the first intersection of the 3,400-foot contour line 
with the R1E/R2E range line, with forms the eastern boundary of section 
13, T5N/R1E; then
    (11) Proceed southeast in a straight line to the marked 3,613-foot 
elevation in point Section 18, T5N/R2E; then
    (12) Proceed southwest in a straight line to the marked 3,426-foot 
elevation point in Section 24, T5N/R1E; then

[[Page 19914]]

    (13) Proceed west in a straight line to the marked 3,416-foot 
elevation point in Section 24, T5N/R1E; then
    (14) Proceed west in a straight line to the marked 3,119-foot 
elevation point in Section 23, T5N/R1E; then
    (15) Proceed south in a straight line to the marked 3,366-foot 
elevation point in Section 23, T5N/R1E; then
    (16) Proceed southwest in a straight line, crossing onto the Eagle 
map, to the marked 3,372-foot elevation point in Section 26, T5N/R1E; 
then
    (17) Proceed northwest in a straight line, crossing back onto the 
Pearl map, to the marked 3,228-foot elevation point in Section 22, T5N/
R1E; then
    (18) Proceed southwest in a straight line to the marked 3,205-foot 
elevation point in Section 22, T5N/R1E; then
    (19) Proceed south in a straight line, crossing onto the Eagle map, 
to the marked 3,163-foot elevation point in Section 27, T5N/R1E; then
    (20) Proceed southwest in a straight line to the marked 2,958-foot 
elevation point in Section 28, T5N/R1E; then
    (21) Proceed southwest in a straight line to the northeast corner 
of section 32, T5N/R1E; then
    (22) Proceed south along the eastern boundary of Section 32 to the 
point where the boundary joins Pearl Road, then continue south along 
Pearl Road to the intersection of the road with Beacon Road; then
    (23) Proceed west along Beacon Road, crossing onto the Star map, to 
the intersection of Beacon Road with an unnamed light-duty road known 
locally as North Wing Road at the southern boundary of section 32, T5N/
R1W; then
    (24) Proceed south along North Wing Road to the intersection of the 
road with New Hope Road in Section 5, T4N/R1W; then
    (25) Proceed west along New Hope Road, crossing onto the Middleton 
map, to the intersection of the road with the Ada-Canyon County line; 
then
    (26) Proceed north along the Ada-Canyon County line, crossing onto 
the Southwest Emmett map, to the beginning point.

    Signed: April 7, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-08496 Filed 4-13-15; 8:45 am]
 BILLING CODE 4810-31-P