[Federal Register Volume 80, Number 207 (Tuesday, October 27, 2015)]
[Proposed Rules]
[Pages 65670-65671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27362]


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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. 149A; Re: Notice No. 149]
RIN 1513-AC14


Proposed Establishment of the Lewis-Clark Valley Viticultural 
Area and Realignment of the Columbia Valley Viticultural Area; Comment 
Period Reopening

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

ACTION: Notice of proposed rulemaking; Reopening of comment period.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is 
reopening the comment period for Notice No. 149, which concerned the 
proposed establishment of 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. Notice No. 149 also proposed to modify the boundary of 
the existing Columbia Valley viticultural area to eliminate a potential 
overlap with the proposed Lewis-Clark Valley viticultural area. This 
reopening of the comment period solicits comments from the public on 
issues that were raised in public comments received in response to 
Notice No. 149.

DATES: For Notice No. 149, the proposed rule which published on April 
14, 2015 (80 FR 19901), written comments are now due on or before 
November 27, 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 Notice No. 149 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 400, Washington, DC 
20005.
    See the Public Participation section of Notice No. 149 for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing or view or

[[Page 65671]]

obtain copies of the petition and supporting materials.
    You may view copies of the petition, Notice No. 149, selected 
supporting materials, and all public comments associated with this 
proposal within Docket No. TTB-2015-0005 at www.regulations.gov. You 
also may view copies of the petition, Notice No. 149, the supporting 
materials, and all public comments associated with this proposal by 
appointment at the TTB Information Resource Center, 1310 G Street NW., 
Washington, DC 20005. Please call 202-453-2265 to make an appointment.

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: 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 approximately 306,650-acre ``Lewis-Clark Valley'' AVA and 
to modify the boundary of the existing ``Columbia Valley'' AVA (27 CFR 
9.74). 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.
    A small portion of the proposed Lewis-Clark Valley AVA would, if 
established, overlap the southeastern corner of the established 
Columbia Valley AVA. To eliminate the potential overlap, the petitioner 
proposed to modify the boundary of the Columbia Valley AVA so that the 
overlapping area (hereinafter referred to as the ``proposed realignment 
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.
    TTB published Notice No. 149 in the Federal Register on April 14, 
2015 (80 FR 19901). In Notice No. 149, TTB described the 
characteristics of the proposed Lewis-Clark Valley AVA and the 
rationale for the modification of the boundary of the Columbia Valley 
AVA and solicited public comment on the proposals. The comment period 
closed June 15, 2015.
    During the comment period, TTB received a comment from a vineyard 
owner within the proposed realignment area. According to the commenter, 
his vineyard is the estate vineyard for a winery that is also located 
within the proposed realignment area. The commenter stated that the 
proposed realignment area has characteristics similar to those of the 
Columbia Valley and should not be removed from that AVA. Specifically, 
the commenter stated, ``The geology, soils, and climate of the proposed 
Lewis-Clark Valley AVA are quite similar to those of the Columbia 
Valley and mostly lay within the elevations affected by the Missoula 
floods.'' The comment is posted as Comment 35 within Docket No. TTB-
2015-0005 at www.regulations.gov.

Determination To Re-Open the Public Comment Period

    TTB reviewed all comments received in response to Notice No. 149 
with reference to the original petition information. TTB believes that 
the comment period for Notice No. 149, which was open for 60 days, was 
adequate to obtain information on the initially proposed regulation. 
However, TTB notes that if the proposed realignment area were to be 
removed from the Columbia Valley AVA and placed into the proposed 
Lewis-Clark Valley AVA, wines made primarily from grapes grown within 
the proposed realignment area would no longer be eligible to be labeled 
with the ``Columbia Valley'' appellation of origin. Therefore, because 
of the potential effect on label holders if TTB were to adopt the 
proposed modification of the Columbia Valley AVA boundary, TTB has 
determined that it would be appropriate in this instance to re-open the 
comment period, for the specific purpose of obtaining further public 
comment on the proposed boundary modification, before taking any 
further regulatory action on this matter.
    TTB is, therefore, re-opening the comment period on Notice No. 149 
for an additional 30 days, in order to obtain additional comments on 
the characteristics of the proposed realignment area. Comments on 
Notice No. 149 are now due on or before November 27, 2015. TTB is 
specifically interested in comments on whether the evidence provided in 
the petition to establish the proposed Lewis-Clark Valley AVA and to 
modify the boundary of the Columbia Valley AVA adequately demonstrates 
that the characteristics of the proposed realignment area are more 
similar to those of the rest of the proposed Lewis-Clark Valley AVA 
than to the distinguishing features of the Columbia Valley AVA, which 
are described in T.D. TTB-ATF 190 (69 FR 44897, November 13, 1984) and 
summarized in both the proposed Lewis-Clark Valley AVA petition and 
Notice No. 149. Please provide any available specific information in 
support of your comments.

How To Comment

    See the Public Participation section of Notice No. 149 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.
    You may view copies of the petition, Notice No. 149, selected 
supporting materials, and all public comments associated with this 
proposal within Docket No. TTB-2015-0005 at www.regulations.gov. You 
also may view copies of all comments and documents associated with 
Notice No. 149 by appointment at the TTB Information Resource Center, 
1310 G Street NW., Washington, DC 20005. Please call 202-453-2265 to 
make an appointment.

Drafting Information

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

    Signed: October 21, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-27362 Filed 10-26-15; 8:45 am]
 BILLING CODE 4810-31-P