[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Proposed Rules]
[Pages 19901-19908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08501]



[[Page 19901]]

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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2015-0005; Notice No. 149]
RIN 1513-AC14


Proposed Establishment of the Lewis-Clark Valley Viticultural 
Area and Realignment of the Columbia Valley Viticultural Area

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 (TTB) proposes to 
establish the approximately 306,650-acre ``Lewis-Clark Valley'' 
viticultural area in portions of Nez Perce, Lewis, Clearwater and Latah 
Counties in Idaho and Asotin, Garfield, and Whitman Counties in 
Washington. TTB also proposes to modify the boundary of the existing 
Columbia Valley viticultural area to eliminate a potential overlap with 
the proposed Lewis-Clark Valley viticultural area. The proposed 
boundary modifications would decrease the size of the approximately 
11,370,320-acre Columbia Valley viticultural area by approximately 
57,020 acres. 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 these 
proposals.

DATES: TTB must receive your comments on or before June 15, 2015.

ADDRESSES: Please send your comments on this proposal to one of the 
following addresses:
     http://www.regulations.gov (via the online comment form 
for this document as posted within Docket No. TTB-2015-0005 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 200E, Washington, DC 
20005.
    See the Public Participation section of this document 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 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 the 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 the 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 
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 AVA boundary;
     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.
    Petitions to modify the boundary of an existing AVA which would 
result in a decrease in the size of an existing AVA must include the 
following:
     An explanation of the extent to which the current AVA name 
does not apply to the excluded area;
     An explanation of how the distinguishing features of the 
excluded area are different from those within the boundary of the 
smaller AVA; and
     An explanation of how the boundary of the existing AVA was 
incorrectly or incompletely defined or is no longer accurate due to new 
evidence or changed circumstances.

Petition To Establish the Lewis-Clark Valley AVA and To Modify the 
Boundary of the Columbia Valley AVA

    TTB received a petition from Dr. Alan Busacca, a licensed geologist 
and founder of Vinitas Consultants, LLC, on behalf of the Palouse-Lewis 
Clark Valley Wine Alliance and the Clearwater Economic Development 
Association. The petition proposed to establish the ``Lewis-Clark 
Valley'' AVA and to modify the boundary of the existing ``Columbia 
Valley'' AVA (27 CFR 9.74).

[[Page 19902]]

The proposed Lewis-Clark Valley AVA is located at the confluence of the 
Snake River and the Clearwater River and covers portions of Nez Perce, 
Lewis, Clearwater, and Latah Counties in northern Idaho and Asotin, 
Garfield, and Whitman Counties in southeastern Washington.
    The proposed Lewis-Clark Valley AVA contains approximately 306,650 
acres and has 3 bonded wineries, as well as 16 vineyards containing 
more than 81 acres of grapes distributed across the proposed AVA. 
According to the petition, an additional 50 acres of grapes are 
expected to be planted in the next few years. The distinguishing 
features of the proposed viticultural area include its climate, 
topography, native vegetation, and soils. Unless otherwise noted, all 
information and data contained in the sections below are from the 
petition to establish the proposed Lewis-Clark Valley AVA and to modify 
the established Columbia Valley AVA.
    A small portion of the proposed Lewis-Clark Valley AVA overlaps the 
southeastern corner of the established Columbia Valley AVA. The 
proposed Lewis-Clark Valley AVA does not overlap any other established 
AVA. To eliminate the potential overlap, the petitioner proposed to 
modify the boundary of the Columbia Valley AVA so that the overlapping 
area would be solely within the proposed Lewis-Clark Valley AVA. The 
proposed modifications would reduce the size of the approximately 
11,370,320-acre Columbia Valley AVA boundary by approximately 57,020 
acres. One vineyard, Arnett Vineyard, currently exists within the area 
of the proposed boundary modification. The vineyard owners have 
provided TTB with a letter supporting the establishment of the proposed 
Lewis-Clark Valley AVA and the proposed modification of the Columbia 
Valley AVA boundary.

Proposed Lewis-Clark Valley AVA

Name Evidence

    The proposed Lewis-Clark Valley AVA derives its name from the two 
principle towns within the proposed AVA: Lewiston, Idaho, and 
Clarkston, Washington. The two towns, which face each other across the 
Snake River, were named in honor of Meriwether Lewis and William Clark, 
who traveled through the region of the proposed AVA during their famous 
expedition of 1804-1806. The petition included examples of schools, 
businesses, and organizations within the proposed AVA that bear the 
names of Lewis and Clark, including Lewis-Clark State College, Lewis-
Clark Terminal at the Port of Clarkston, Lewis-Clark Moose Lodge 75, 
Lewis-Clark Metropolitan Appliance and TV Repair, Lewis-Clark Credit 
Union, Lewis-Clark Dental Clinic, and Lewis-Clark Auto Sales.
    The petition also included evidence that the region of the proposed 
AVA is known as the ``Lewis-Clark Valley.'' For example, the Wikipedia 
entry for ``Clarkston, Washington'' states that the town is located 
``in the Lewis-Clark Valley at the confluence of the Snake and 
Clearwater rivers.'' \1\ The Lewis Clark Valley Chamber of Commerce 
promotes tourism and economic development within the region of the 
proposed AVA. An organization called Valley Vision has as its mission 
the ``[c]ontinuous improvement of the Lewis-Clark Valley's business 
climate * * * .'' \2\ The Web site LC Today, which features news and 
activities in the Lewiston-Clarkston region, offers a listing of ``60 
Things To Do in the Lewis-Clark Valley.'' \3\ A Web site featuring real 
estate information for the region of the proposed AVA is called 
``Lewis-Clark Valley Homes.'' \4\ The telephone directory serving the 
region of the proposed AVA is called the ``Lewis-Clark Valley Telephone 
Directory.'' The Lewis-Clark Valley Metropolitan Planning Organization 
provides transportation project planning for the region. Finally, 
several organizations within the proposed AVA have the phrase ``Lewis-
Clark Valley'' in their names, including the Lewis-Clark Valley Baptist 
Church, Family Promise of Lewis-Clark Valley, the La Leche League of 
the Lewis-Clark Valley, and the Boys & Girls Club of the Lewis-Clark 
Valley.
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    \1\ http://en.wikipedia.org/wiki/Clarkston,_Washington.
    \2\ www.lewis-clarkvalley.org/about/our-mission.
    \3\ www.lctoday.com/tourism/valleyactivities.htm.
    \4\ www.lcvalleyhomes.com.
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Boundary Evidence

    The proposed Lewis-Clark Valley AVA consists mostly of canyon 
walls, low plateaus, and bench lands formed by the Snake and Clearwater 
Rivers. Approximately 98 percent of the proposed AVA's boundary follows 
the 600-meter elevation line, and all the land within the proposed AVA 
is below that elevation. The 600-meter elevation line was chosen 
because grapes do not reliably ripen annually above that elevation and, 
above that altitude, temperatures fall low enough to kill the varieties 
of Vitis vinifera (V. vinifera) grapes that are grown within the 
proposed AVA. TTB notes that the maps used to draw the proposed 
boundary show elevations in meters, and the petition describes the 
elevations within the proposed AVA and the surrounding regions in terms 
of feet. Six hundred meters corresponds to approximately 1,970 feet.
    The regions outside the proposed AVA generally have higher 
elevations and colder temperatures than the proposed AVA. To the north 
of the proposed AVA is the high prairie region known as the Palouse. 
The heavily forested Bitterroot Mountains are located to the east of 
the proposed AVA boundary. The proposed southern boundary separates the 
proposed AVA from the Craig Mountains and from Hells Gate State Park, 
which is not available for commercial viticulture due to its protected 
status as an Idaho State park. Additionally, the southern boundary was 
drawn to prevent the proposed AVA from extending into Oregon, which is 
less than 5 miles from the southernmost proposed AVA boundary but is 
not considered to be part of the geographical region known as the 
Lewis-Clark Valley. To the west and southwest of the proposed AVA are 
the Blue Mountains.

Distinguishing Features

    The distinguishing features of the proposed Lewis-Clark Valley AVA 
include its climate, topography, native vegetation, and soils.
Climate
    Temperature: According to the petition, the temperate climate of 
the proposed Lewis-Clark Valley AVA is well suited for growing wine 
grapes, especially varieties of V. vinifera. The warm temperatures of 
the proposed AVA have earned the region the nickname ``banana belt of 
the Pacific Northwest.'' The table below, derived from information 
submitted in support of the petition, compares the average annual 
temperature and growing degree days \5\ (GDDs) of the proposed Lewis-
Clark Valley AVA and the surrounding regions. The data from the two 
weather stations within the proposed AVA and from the Moscow, Idaho, 
weather station, approximately 32 miles north of Lewiston, Idaho, was 
gathered during the period from 2000 to 2009. The data for the 
Bitterroot, Craig, and Blue

[[Page 19903]]

Mountains consists of estimates calculated by the petitioner based on 
elevation, as there are no weather stations located within these 
regions.
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    \5\ As a measurement of heat accumulation during the grape-
growing season, one degree day accumulates for each degree 
Fahrenheit that a day's mean temperature is above 50 degrees, which 
is the minimum temperature required for grapevine growth. In the 
Winkler climate classification system, heat accumulation as measured 
in growing degree days (GDDs) per year defines climatic regions. 
Climatic region I has less than 2,500 GDDs per year; region II, 
2,501 to 3,000; region III, 3,001 to 3,500; region IV, 3,501 to 
4,000; and region V, 4,001 or more. See Albert J. Winkler, General 
Viticulture (Berkeley: University of California Press, 1974), 61-64.

------------------------------------------------------------------------
                                           Average
                                           annual       Average growing
  Location (direction from proposed      temperature       season GDD
                 AVA)                     (degrees        accumulation
                                         fahrenheit)
------------------------------------------------------------------------
Lewiston Nez Perce weather station               53.4              3,036
 (within)............................
Dworshak Fish Hatchery (within)......            51.6              2,613
Moscow, ID (north)...................            47.6              1,796
Bitterroot Mountains (east)..........              40        1,000-1,500
Craig Mountains (south)..............              45        1,500-1,700
Blue Mountains (west, southwest).....              42        1,000-1,500
------------------------------------------------------------------------

    According to the petition, the average annual temperatures and GDD 
accumulation that the proposed AVA experiences are within the range 
required for many varieties of wine grapes to ripen reliably, including 
Cabernet Franc, Cabernet Sauvignon, Grenache, Malbec, Pinot noir, 
Syrah, Pinot gris, Riesling, and Zinfandel, all of which are grown 
within the proposed AVA. By contrast, annual temperatures and GDD 
accumulations that the surrounding regions experience are too cold to 
support most viticulture, particularly varieties of V. vinifera, which 
require at least 2,000 GDDs to ripen successfully. As evidence, the 
petition notes that Washington State University in Pullman, located in 
the Palouse region approximately 30 miles northwest of Lewiston, 
Washington, has had a vigorous wine grape research program for the past 
12 years but has yet to succeed in propagating and maintaining research 
vineyards due to the cold temperatures.
    The petition also included the Cool-Climate Viticulture Suitability 
Index (CCVSI) statistics that were available from the two weather 
stations located within the proposed AVA and the station in Moscow, 
Idaho. The CCVSI is the number of days between the last spring 
temperature below 29 degrees Fahrenheit and the first fall temperature 
below 29 degrees Fahrenheit. Within the proposed AVA, the CCVSI for the 
Lewiston Nez Perce station was 234.2 and the CCVSI for the Dworshak 
Fish Hatchery was 225.2. By contrast, the CCVSI for the Moscow station 
was 159.5, which means the region north of the proposed AVA has a 
growing season that is approximately 2 months shorter than that of the 
proposed AVA. The significantly shorter growing season in the Palouse 
region does not allow sufficient time for wine grapes to ripen 
reliably, particularly the varieties of V. vinifera grown within the 
proposed AVA.
    Precipitation: The proposed Lewis-Clark Valley AVA receives less 
rainfall annually than the surrounding regions. The following table is 
derived from data submitted in support of the petition and compares the 
annual precipitation amounts within the proposed AVA to those of the 
surrounding areas. Precipitation data from the two weather stations 
within the proposed AVA and from the Moscow, Idaho, station was 
gathered during 2000 to 2009. The data for the Bitterroot, Craig, and 
Blue Mountains was calculated using the data mapping system of the 
PRISM Climate Group at Oregon State University.\6\
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    \6\ The Parameter-elevation Relationships 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.

------------------------------------------------------------------------
                                                              Annual
                                                           precipitation
         Location (direction from  proposed AVA)              amounts
                                                             (inches)
------------------------------------------------------------------------
Lewiston Nez Perce weather station (within).............            11.3
Dworshak Fish Hatchery (within).........................            22.7
Moscow, Idaho (north)...................................            25.1
Bitterroot Mountains (east).............................           40-70
Craig Mountains (south).................................           20-35
Blue Mountains (west, southwest)........................           25-50
------------------------------------------------------------------------

    The proposed AVA's location to the east of the Blue Mountains is 
the primary factor behind its low precipitation amounts. The Blue 
Mountains, which rise to elevations over 6,000 feet, intercept storms 
carried on the westerly jet stream and prevent them from entering the 
proposed AVA. Most of the annual precipitation within the proposed AVA 
occurs between November and May, and the region experiences a prolonged 
summer drought. One viticultural benefit of summer droughts is that 
grape growers do not have to be concerned about excessive water 
damaging the roots of the vines. Although growing season precipitation 
amounts are very small, the petition states that viticulture is able to 
thrive within the proposed AVA because the winter rains are sufficient 
to ``fill the soil profile,'' assuring adequate amounts of soil 
moisture necessary for bud break and fruit set early in the growing 
season. By mid-June, the soil is dry enough to induce mild water stress 
on the vines and slow the growth of canes and leaves, allowing the 
vines to put their energy into fruit production. Vineyard managers can 
then control the amount of water added to the soil via drip irrigation, 
ensuring that the vines receive enough water to survive but not so much 
as to promote overly vigorous cane or leaf growth or root rot.

Topography

    The topography of the proposed Lewis-Clark Valley AVA includes 
bench lands, low plateaus, and steeply sloping canyon walls. Although 
the proposed AVA is often referred to as a ``valley'' because its 
elevations are lower than those of the surrounding regions, the 
landscape has been cut into such steep and deep V-notched canyons by 
the Snake and Clearwater Rivers and their tributaries that almost none 
of the AVA consists of the broad floodplains typically associated with 
valley floors. According to the petition, the lack of floodplains 
within the proposed AVA is beneficial to viticulture because 
floodplains often have high water tables that limit vine root depth. 
Floodplains are also susceptible to cold-air pooling that can damage 
new growth and delay fruit maturation.
    Elevations within the proposed Lewis-Clark Valley AVA range from 
approximately 740 feet along the Snake and Clearwater Rivers to 
approximately 1,970 feet along most of the proposed AVA's boundary. The 
average elevation within the proposed AVA is 1,200 feet. According to a 
table included in the

[[Page 19904]]

petition, the vineyards within the proposed AVA are planted at 
elevations between 815 and 1,850 feet. The petition states that at 
elevations above approximately 1,970 feet, growing season temperatures 
are too cold to support reliable ripening of V. vinifera and winter 
freezes can be hard enough to kill dormant vines.
    The topography of the surrounding regions is different from that of 
the proposed Lewis-Clark Valley AVA. To the north, the Palouse is 
dominated by rounded, gently rolling hills and elevations ranging from 
approximately 1,000 feet to 2,800 feet, with an average elevation of 
2,200 feet. To the east, south, west, and southwest of the proposed AVA 
are high, rugged mountains cut by deep canyons. Elevations in the 
Bitterroot Mountains, east of the proposed AVA, range from 3,000 feet 
to 10,150 feet and average approximately 6,000 feet. To the south, the 
Craig Mountains range from 2,500 feet to over 5,100 feet and average 
approximately 3,000 feet. To the west and southwest, the Blue Mountains 
range from 2,500 feet to over 6,300 feet with an average elevation of 
approximately 4,000 feet.

Native Vegetation

    The native vegetation of the canyon walls, plateaus, terraces, and 
benches of the proposed Lewis-Clark Valley AVA consists of low shrubs 
and perennial grasses that have deep masses of fine roots. Although 
some portions of the eastern half of the proposed AVA are sparsely 
forested, the understory of the forested regions is covered with 
perennial grasses. The petition states that the decomposition of the 
grasses and their roots over the years has contributed to the formation 
of nutrient-rich soils within the proposed AVA that are high in the 
organic materials that promote healthy vine growth.
    Likewise, to the north of the proposed AVA, the native vegetation 
of the Palouse consists primarily of perennial grasses. However, most 
of the native vegetation of the Palouse was cleared in the late 19th 
and early 20th centuries for large-scale agricultural purposes, such as 
wheat production, which continue to this day. To the east, south, and 
west of the proposed AVA, the Bitterroot, Craig, and Blue Mountains are 
covered with conifer forests. The understories of these conifer forests 
are typically covered with pine needle litter instead of perennial 
grasses. The pine needle litter remains on the surface of the soil, 
unlike the root masses of perennial grasses. Therefore, the organic 
material released by the decaying pine needle litter does not mix as 
deeply into the soil as the material released by decaying grass roots. 
As a result, the soils of the mountainous regions are not as high in 
organic material and nutrients as the soils within the proposed AVA.

Soils

    There are approximately 88 different soil types within the proposed 
Lewis-Clark Valley AVA. However, approximately 95 percent of the soil 
types within the proposed AVA belong to the Mollisols soil order. Soils 
from this order are comprised primarily of decomposed perennial grasses 
and grass roots and contain a high level of organic matter in the form 
of humus. The humus accumulates within the soil, rather than just in a 
layer on top of the soil, due to the decomposition of the dense masses 
of grass roots. The high levels of organic matter in the soils provide 
an ample supply of nutrients for vineyards. Most of the cultivated 
Mollisols soils within the proposed AVA also contain loess, which is 
comprised of fine-grained particles of nutrient-rich silt that were 
deposited by wind.
    The soils within the proposed AVA are generally thin, having been 
eroded over the years by the Snake and Clearwater Rivers and their 
tributaries. As a result, the soils average less than 6 feet in depth 
before reaching a restrictive subsurface, such as bedrock. The 
shallowness of the soils limits the depths of roots and prevents overly 
vigorous cane and leaf development.
    According to the petition, the Mollisols soils within the proposed 
AVA have the highest available water holding capacity (AWC) of any 
known soil texture class. AWC is the ability of soil to store rainfall 
and irrigation water. The soils within the proposed AVA can store 
approximately 2.4 inches of water per foot of soil. In regions that 
receive high amounts of annual rainfall, soils with high AWC may not be 
suitable for viticulture because excessive amounts of stored water 
promote root rot, mildew, and fungal diseases. However, because the 
proposed AVA has very low annual rainfall amounts and receives most of 
its rainfall outside the growing season, the amount of water stored in 
the soil is not excessive and does not pose a risk to the health of the 
vines.
    The soils of the surrounding regions differ from those of the 
proposed Lewis-Clark Valley AVA. To the north, the soils of the Palouse 
are also loess-derived Mollisols, but the soils reach depths of up to 
12 feet, which is much deeper than the soil depth of the proposed AVA. 
In the mountainous regions to the east, south, west, and southwest of 
the proposed AVA, the soils also are deeper than within the proposed 
AVA. Even though the surrounding mountain slopes are steep, the soils 
have not eroded like the soils of the proposed AVA because the dense 
conifer forests have held much of the soil in place. Soils in the 
regions to the east, south, west, and southwest of the proposed AVA are 
mostly of the Andisols order and are derived from volcanic ash and 
other material produced by volcanic eruptions. Unlike the Mollisols of 
the proposed AVA, Andisols soils contain only small amounts of organic 
matter because the humus is derived from the decomposition of leaf 
litter resting on the soil's surface, rather than from masses of grass 
roots decomposing deep within the soil.

Summary of Distinguishing Features

    In summary, the climate, topography, native vegetation, and soils 
of the proposed Lewis-Clark Valley AVA distinguish it from the 
surrounding areas. In all directions outside the proposed AVA, the 
temperatures are cooler, the growing degree day accumulations are 
smaller, rainfall is higher, and the elevations are higher. The steep 
canyon walls, plateaus, and bench lands of the proposed AVA are 
different from the rounded, rolling hills of the Palouse region to the 
north and the rugged Bitterroot, Craig, and Blue Mountains that 
surround the proposed AVA to the east, south, and west. Perennial 
grasses and shrubs are the primary vegetation within the proposed AVA, 
whereas the majority of the native vegetation to the north of the 
proposed AVA has been cleared for agricultural purposes, and the 
regions to the east, south, and west are covered with coniferous 
forests. Finally, the soils of the proposed Lewis-Clark Valley AVA are 
thin, loess-derived Mollisols soils, which are shallower than the 
Mollisols soils of the Palouse region to the north and distinct from 
the volcanic Andisols soils found to the east, south, and west.

Proposed Modification of the Columbia Valley AVA

    As previously noted, the petitioner requested a modification of the 
boundary of the established Columbia Valley AVA. The Columbia Valley 
AVA is located in central and eastern Washington and northern Oregon. 
The proposed Lewis-Clark Valley AVA spans the Idaho-Washington border 
and, as proposed, would partially overlap the southeastern corner of 
the Columbia Valley AVA near the communities of Clarkston, Vineland, 
and Asotin, Washington. The proposed boundary modifications would 
reduce the size of

[[Page 19905]]

the Columbia Valley AVA by approximately 57,020 acres (approximately 
0.5 percent) and would eliminate the potential overlap between the 
proposed AVA and the existing AVA.
    If the boundary modification is approved, the area of the potential 
overlap would be included exclusively within the proposed Lewis-Clark 
Valley AVA. Wines produced primarily from grapes grown within the 
removed region would no longer be eligible for labeling with the 
``Columbia Valley'' appellation. There is currently one vineyard, 
Arnett Vineyard, within the region of the proposed boundary 
modification. The petition included a letter of support from the owners 
of that vineyard, stating their support for the proposed Columbia 
Valley AVA boundary modification and the establishment of the proposed 
Lewis-Clark Valley AVA.

Overview of the Columbia Valley AVA

    The 11,370,320-acre Columbia Valley AVA was established by T.D. 
ATF-190, which was published in the Federal Register on November 13, 
1984 (49 FR 44897), and codified at 27 CFR 9.74. The Columbia Valley 
AVA is a large, treeless basin surrounding the Columbia, Snake, and 
Yakima Rivers in Washington and Oregon. T.D. ATF-190 states that the 
Columbia Valley AVA has a growing season between 150 and 204 days and 
annual rainfall of less than 15 inches. The topography of the AVA is 
characterized by its broadly undulating hills cut by rivers and broken 
by sloping basaltic uplifts.
    T.D. ATF-190 made no comparisons of the Columbia Valley AVA to the 
area identified in this proposed rule as the Idaho portion of the 
proposed Lewis-Clark Valley AVA.

Comparison of Distinguishing Features Within the Proposed Realignment 
Area to the Columbia Valley AVA

    The region of the proposed boundary modification is located in the 
southeastern portion of the Columbia River Valley AVA, along the Snake 
River and near the towns of Clarkson, Vineland, and Asotin, Washington. 
The petition emphasizes that the region proposed to be removed from the 
Columbia Valley AVA (hereinafter referred to as the proposed 
realignment area) has topography and soils that are more similar to 
those of the proposed Lewis-Clark AVA than to those of the existing 
AVA.
    The topography of the proposed realignment area is consistent with 
that of the proposed Lewis-Clark Valley AVA. The average elevation of 
both the proposed realignment area and the proposed Lewis-Clark Valley 
AVA is 1,200 feet, which is higher than the Columbia Valley AVA's 
average elevation of 700 feet. The proposed realignment area, like the 
proposed Lewis-Clark Valley AVA, consists of steep, V-shaped canyons, 
low plateaus, and bench lands along the Snake River and its 
tributaries. By contrast, the majority of the Columbia Valley AVA is a 
broad basin with a gently rolling surface. The petition notes that the 
Columbia River Valley AVA contains rugged, canyon-like coulees and 
broad, flat-floored ``channeled scablands.'' However, the coulees and 
scablands were created by cataclysmic glacial floods from the ancient 
Lake Missoula, whereas the canyon of the proposed realignment area and 
the proposed AVA was carved over time by the flow of the Snake River. 
The coulees and scablands also are generally shallower and have broad, 
flat floors, as compared to the deep, steeply-sloped V-shaped canyons 
and narrow valley floors of the proposed realignment area and the 
proposed Lewis-Clark Valley AVA.
    The soils of the proposed realignment area also are different from 
the soils of the Columbia Valley AVA. Within the proposed realignment 
area, most of the soils are from the Mollisols order, as are the soils 
within the proposed Lewis-Clark Valley AVA. By contrast, approximately 
80 percent of Columbia Valley AVA soils are Aridisols and Entisols. 
Aridisols and Entisols soils generally contain less than 1 percent 
organic matter, compared to the humus-rich soils of the Mollisols 
order. Aridisols and Entisols soils also generally have lower water-
holding capacities due to their coarse or gravelly textures, whereas 
the loamy Mollisols soils of both the proposed realignment area and 
proposed AVA have greater water-holding capacities. Finally, Aridisols 
and Entisols soils are generally alkaline, compared to the slightly 
acidic Mollisols soils. Although the petition states that some 
Mollisols soils exist within the Columbia Valley AVA, they generally 
occur at high elevations that are too cold to support V. vinifera.
    In addition to the physical features that distinguish the proposed 
realignment area from the Columbia Valley AVA and unite it with the 
proposed Lewis-Clark Valley AVA, the petition included evidence that 
the proposed realignment area is strongly associated with the name 
``Lewis-Clark Valley,'' rather than the ``Columbia Valley'' name. For 
example, three of the businesses in the ``Name Evidence'' section of 
this proposed rule (the Lewis-Clark Terminal, Lewis-Clark Credit Union, 
and Lewis-Clark Dental Clinic) are located within the proposed 
realignment area. Additionally, all of the organizations listed in the 
``Name Evidence'' section serve residents of the proposed AVA as well 
as the proposed realignment area, further demonstrating that the 
proposed realignment area is strongly associated with the region known 
as the Lewis-Clark Valley.

TTB Determination

    TTB concludes that the petition to establish the approximately 
306,650-acre ``Lewis-Clark Valley'' American viticultural area and to 
concurrently modify the boundary of the existing Columbia Valley AVA 
merits consideration and public comment, as invited in this document.
    TTB is proposing the establishment of the new viticultural area and 
the modification of the existing AVA as one action. Accordingly, if TTB 
establishes the proposed Lewis-Clark Valley AVA, then the proposed 
boundary modification of the Columbia Valley AVA would be approved 
concurrently. If TTB does not establish the proposed Lewis-Clark Valley 
AVA, then the present Columbia Valley AVA boundary would not be 
modified as proposed in this document.

Boundary Description

    See the narrative description of the boundary of the petitioned-for 
AVA and the boundary modification of the established AVA in the 
proposed regulatory text published at the end of this document.

Maps

    The petitioner provided the required maps, and TTB lists 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 TTB establishes this proposed viticultural area, 
its name, ``Lewis-Clark Valley,'' would 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.
    If this proposed regulatory text is adopted as a final rule, wine 
bottlers using ``Lewis-Clark Valley'' 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's full 
name ``Lewis-Clark Valley'' as an appellation of origin. If approved, 
the establishment of the proposed Lewis-

[[Page 19906]]

Clark Valley AVA and the proposed modification of the Columbia Valley 
AVA boundary would allow vintners to use ``Lewis-Clark Valley'' as 
appellations of origin for wines made from grapes grown within the 
Lewis-Clark Valley AVA, if the wines meet the eligibility requirements 
for the appellation.

Use of ``Columbia Valley'' as an Appellation of Origin

    If the proposed Lewis-Clark Valley AVA and the corresponding 
modification of the Columbia Valley AVA boundary are approved, bottlers 
currently using ``Columbia Valley'' as an appellation of origin for 
wine produced primarily from grapes grown in the area removed from the 
Columbia Valley AVA would no longer be able to use ``Columbia Valley'' 
as an appellation of origin, but could use the term ``Lewis-Clark 
Valley'' in the brand name if otherwise eligible. See the ``Transition 
Period'' section of this document for more details.
    Bottlers currently using ``Columbia Valley'' as an appellation of 
origin or in a brand name for wine produced from grapes grown within 
the current, and if modified, Columbia Valley AVA would still be 
eligible to use the term as an appellation of origin or in a brand 
name.

Transition Period

    If the proposals to establish the Lewis-Clark Valley AVA and to 
modify the boundary of the Columbia Valley AVA are adopted as a final 
rule, a transition rule will apply to labels for wines produced from 
grapes grown in the area removed from the Columbia Valley AVA. A label 
containing the words ``Columbia Valley'' in the brand name or as an 
appellation of origin may be used on wine bottled within two years from 
the effective date of the final rule, provided that such label was 
approved prior to the effective date of the final rule and that the 
wine conforms to the standards for use of the label set forth in 27 CFR 
4.25 or 4.39(i) in effect prior to the final rule. At the end of this 
two-year transition period, if a wine is no longer eligible for 
labeling with the ``Columbia Valley'' AVA name (e.g., it is primarily 
produced from grapes grown in the area removed from the Columbia Valley 
AVA), then a label containing the words ``Columbia Valley'' in the 
brand name or as an appellation of origin would not be permitted on the 
bottle. TTB believes that the two-year period should provide affected 
label holders with adequate time to use up any existing labels. This 
transition period is described in the proposed regulatory text for the 
Columbia Valley AVA published at the end of this notice.
    TTB notes that wine eligible for labeling with the ``Columbia 
Valley'' AVA name under the proposed new boundary of the Columbia 
Valley AVA will not be affected by this two-year transition period. 
Furthermore, if TTB does not approve the proposed boundary 
modification, then all wine label holders currently eligible to use the 
``Columbia Valley'' AVA name would be allowed to continue to use their 
labels as originally approved.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether TTB should establish the proposed Lewis-Clark Valley AVA and 
concurrently modify the boundary of the established Columbia Valley 
AVA. TTB is interested in receiving comments on the sufficiency and 
accuracy of the name, boundary, climate, topography, soils, and other 
required information submitted in support of the Lewis-Clark Valley AVA 
petition. Please provide any available specific information in support 
of your comments.
    TTB also invites comments on the proposed modification of the 
existing Columbia Valley AVA. TTB is especially interested in comments 
on whether the evidence provided sufficiently differentiates the 
proposed realignment area from the existing Columbia Valley AVA. 
Comments should address the name usage, boundaries, climate, 
topography, soils, and any other pertinent information that supports or 
opposes the proposed boundary modification.
    Because of the potential impact of the establishment of the 
proposed Lewis-Clark Valley AVA on wine labels that include the term 
``Lewis-Clark Valley,'' 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 area name and currently 
used brand names. If a commenter believes that a conflict will arise, 
the comment should describe the nature of that conflict, including any 
anticipated negative economic impact that approval of the proposed AVA 
will have on an existing viticultural enterprise. TTB also is 
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 proposal by using one of the 
following three methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this document within Docket No. TTB-
2015-0005 on ``Regulations.gov,'' the Federal e-rulemaking portal, at 
http://www.regulations.gov. A direct link to that docket is available 
under Notice No. 149 on the TTB Web site at  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 at the 
top of the page.
     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 
document. Your comments must reference Notice No. 149 and include your 
name and mailing address. Your comments also must be made in English, 
be legible, and be written in language acceptable for public 
disclosure. We do not acknowledge receipt of comments, and we consider 
all comments as originals.
    Your comment must clearly state if you are commenting on your own 
behalf or on behalf of an organization, business, or other entity. If 
you are commenting on behalf of an organization, business, or other 
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, please submit your 
entity's comment on letterhead.
    You also may 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

[[Page 19907]]

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 document, selected 
supporting materials, and any online or mailed comments received about 
this proposal within Docket No. TTB-2015-0005 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. 149. You also 
may reach the relevant docket through the Regulations.gov search page 
at http://www.regulations.gov. For instructions on how to use 
Regulations.gov, visit the site and click on the ``Help'' tab at the 
top of the page.
    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 it considers unsuitable for posting.
    You also may view copies of this document, all related petitions, 
maps and other supporting materials, and any electronic or mailed 
comments we receive about this proposal by appointment at the TTB 
Information Resource Center, 1310 G Street NW., Washington, DC 20005. 
You also may 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 our 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, it requires no regulatory assessment.

Drafting Information

    Karen A. Thornton of the Regulations and Rulings Division drafted 
this document.

List of Subjects in 27 CFR Part 9

    Wine.

    For the reasons discussed in the preamble, we propose 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. Amend Sec.  9.74 by revising paragraph (b) and paragraphs (c)(38) 
through (c)(40) and by adding paragraph (d) to read as follows:


Sec.  9.74  Columbia Valley.

* * * * *
    (b) Approved maps. The approved maps for determining the boundary 
of the Columbia Valley viticultural area are nine 1:250,000 scale 
U.S.G.S. maps and one 1:100,000 (metric) scale U.S.G.S. map. They are 
entitled:
    (1) Concrete, Washington, U.S.; British Columbia, Canada, edition 
of 1955, limited revision 1963;
    (2) Okanogan, Washington, edition of 1954, limited revision 1963;
    (3) Pendleton, Oregon, Washington, edition of 1954, revised 1973;
    (4) Pullman, Washington, Idaho, edition of 1953, revised 1974;
    (5) Clarkston, Washington, Idaho, Oregon, 1:100,000 (metric) scale, 
edition of 1981;
    (6) Ritzville, Washington, edition of 1953, limited revision 1965;
    (7) The Dales, Oregon, Washington, edition of 1953, revised 1971;
    (8) Walla Walla, Washington, Oregon, edition of 1953, limited 
revision 1963;
    (9) Wenatchee, Washington, edition of 1957, revised 1971; and
    (10) Yakima, Washington, edition of 1958, revised 1971.
    (c) * * *
    (38) Then south following the Washington-Idaho State boundary on 
the 1:100,000 (metric) scale Clarkston, Washington, Idaho, Oregon map 
to the 600-meter elevation contour along the eastern boundary of 
section 9, R. 46 E./T. 11 N.; and then generally west following the 
meandering 600-meter contour to the eastern boundary of section 17, R. 
45E./T. 11N.; then south following the eastern boundary of section 17 
to the southern boundary of section 17; and then west following the 
southern boundaries of sections 17 and 18 to the Asotin-Garfield county 
line in section 19, R. 45E./T. 11N.;
    (39) Then south following the Garfield-Asotin county line to the 
600-meter elevation contour; then following generally west and south in 
a counterclockwise direction along the meandering 600-meter elevation 
contour to Charley Creek in section 4, R. 44 E./T. 9 N.; and then west 
following Charley Creek on to the township line between R. 42 E. and R. 
43 E.;
    (40) Then north following the township line between R. 42 E. and R. 
43 E. on the 1:250,000 scale ``Pullman, Washington, Idaho'' map to 
Washington Highway 128 at Peola;
* * * * *
    (d) Transition period. A label containing the words ``Columbia 
Valley'' in the brand name or as an appellation of origin approved 
prior to [EFFECTIVE DATE OF THE FINAL RULE] may be used on wine bottled 
before [DATE 2 YEARS FROM EFFECTIVE DATE OF THE FINAL RULE] if the wine 
conforms to the standards for use of the label set forth in Sec.  4.25 
or Sec.  4.39(i) of this chapter in effect prior to [EFFECTIVE DATE OF 
THE FINAL RULE].
0
3. Add Sec.  9.___to read as follows:


Sec.  9.___  Lewis-Clark Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Lewis-Clark Valley''. For purposes of part 4 of this 
chapter, ``Lewis-Clark Valley'' is a term of viticultural significance.
    (b) Approved maps. The three United States Geographical Survey 
(USGS) 1:100,000 (metric) scale topographic maps used to determine the 
boundary of the Lewis-Clark Valley viticultural area are titled:
    (1) Clarkston, Wash.-Idaho-Oregon, 1981;
    (2) Orofino, Idaho-Washington, 1981; and
    (3) Potlatch, Idaho, 1981.
    (c) Boundary. The Lewis-Clark Valley viticultural area is located 
in Nez Perce, Lewis, Clearwater, and Latah Counties, Idaho, and Asotin, 
Garfield, and Whitman Counties, Washington. The boundary of the Lewis-
Clark Valley viticultural area is as follows:
    (1) The beginning point is located on the Clarkston map in 
Washington State along the Garfield-Asotin County line at the southwest 
corner of section 18, T11N/R45E. From the beginning point, proceed east 
along the southern

[[Page 19908]]

boundary line of section 18, crossing over the Snake River, and 
continue along the southern boundary line of section 17, T11N/R45E, to 
the southeast corner of section 17; then
    (2) Proceed north along the eastern boundary line of section 17 to 
the 600-meter elevation contour; then
    (3) Proceed generally east-northeast along the meandering 600-meter 
elevation contour, crossing into Idaho and onto the Orofino map, then 
continue to follow the elevation contour in an overall clockwise 
direction, crossing back and forth between the Orofino and Clarkston 
maps and finally onto the Potlatch map, and then continuing to follow 
the 600-meter elevation contour in a clockwise direction to the 
elevation contour's intersection with the southern boundary line of 
section 1, T37N/R1W, on the Potlatch map, north of the Nez Perce Indian 
Reservation boundary and west of the Dworshak Reservoir (North Fork of 
the Clearwater River) in Clearwater County, Idaho; then
    (4) Cross the Dworshak Reservoir (North Fork of the Clearwater 
River) by proceeding east along the southern boundary line of section 
1, T37N/R1E, to the southeastern corner of section 1; then by 
proceeding north along the eastern boundary line of section 1 to the 
southwest corner of section 6, T37N/R2E; and then by proceeding east 
along the southern boundary line of section 6 to the 600-meter 
elevation contour; then
    (5) Proceed generally east initially, then generally south, and 
then generally southeast along the meandering 600-meter elevation 
contour, crossing onto the Orofino map, and then continuing to follow 
the elevation contour in an overall clockwise direction, crossing back 
and forth between the Orofino and Potlatch maps, to the eastern 
boundary of section 13, T35N/R2E, on the Orofino map in Clearwater 
County, Idaho; then
    (6) Proceed south along the eastern boundary of section 13, T35N/
R2E, to the southeastern corner of section 13, T35N/R2E, northeast of 
Lolo Creek; then
    (7) Proceed west along the southern boundary line of section 13, 
T35N/R2E, to the Clearwater-Idaho County line in the middle of Lolo 
Creek; then
    (8) Proceed generally west-northwest along the Clearwater-Idaho 
County line (concurrent with Lolo Creek) to the Lewis County line at 
the confluence of Lolo Creek and the Clearwater River; then
    (9) Proceed generally south along the Lewis-Idaho County line 
(concurrent with the Clearwater River) to the northern boundary line of 
section 23, T35N/R2E; then
    (10) Proceed west along the northern boundary line of section 23, 
T35N/R2E, to the 600-meter elevation contour; then
    (11) Proceed generally northwest along the meandering 600-meter 
elevation contour, crossing onto the Potlatch map and then back onto 
the Orofino map and continuing generally southwest along the 600-meter 
elevation contour to the common T32N/T31N township boundary line along 
the southern boundary line of section 35, T32N/R5W, south of Chimney 
Creek (a tributary of the Snake River) in Nez Perce County, Idaho; then
    (12) Proceed west along the common T32N/T31N township boundary 
line, crossing Chimney Creek, to the Idaho-Washington State line 
(concurrent with the Nez Perce-Asotin County line) at the center of the 
Snake River; then
    (13) Proceed generally southeast along the Idaho-Washington State 
line in the Snake River to the northern boundary line of section 29, 
T31N/R5W; then
    (14) Proceed west along the northern boundary line of section 29, 
T31N/R5W, to the 600-meter elevation contour, northeast of Lime Hill in 
Asotin County, Washington; then
    (15) Proceed generally west and then generally south-southwest 
along the meandering 600-meter elevation contour to the southern 
boundary line of section 25, T7N/R46E; then
    (16) Proceed west along the southern boundary lines of section 25 
and 26, crossing onto the Clarkston map, and continuing along the 
southern boundary lines of section 26 to the 600-meter elevation 
contour west of Joseph Creek; then
    (17) Proceed southeast along the meandering 600-meter elevation 
contour to the western boundary line of section 34, T7N/R46E; then
    (18) Proceed north along the western boundary lines of sections 34 
and 27, T7N/R46E, crossing over the Grande Ronde River, to the 600-
meter elevation contour; then
    (19) Proceed generally northeast along the meandering 600-meter 
elevation contour and continue along the 600-meter elevation contour in 
a clockwise direction, crossing back and forth between the Clarkston 
and Orofino maps, until, on the Clarkston map, the 600-meter elevation 
line intersects the Garfield-Asotin County line for the third time 
along the western boundary of section 19, T11N/R45E; and then
    (20) Proceed north along the Garfield-Asotin County line, returning 
to the beginning point.

    Signed: April 7, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-08501 Filed 4-13-15; 8:45 am]
 BILLING CODE 4810-31-P