[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Proposed Rules]
[Pages 14795-14801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07089]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2018-0006; Notice No. 175]
RIN 1513-AC39
Proposed Establishment of the Van Duzer Corridor Viticultural
Area and Clarification of the Eola-Amity Hills Viticultural Area
Boundary Description
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 59,871-acre ``Van Duzer Corridor''
viticultural area in portions of Polk and Yamhill Counties, Oregon. The
proposed viticultural area lies entirely within the existing Willamette
Valley viticultural area. TTB also is proposing to clarify the boundary
description of the adjacent Eola-Amity Hills 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 5, 2018.
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-2018-0006
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 400, 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 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, dated December
10, 2013, (superseding Treasury Order 120-01, dated January 24, 2003),
to the TTB Administrator to perform the functions and duties in the
administration and enforcement of these provisions.
[[Page 14796]]
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 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;
An explanation of the proposed AVA is sufficiently
distinct from an existing AVA so as to warrant separate recognition, if
the proposed AVA is to be established within, or overlapping, an
existing AVA; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Van Duzer Corridor Petition
TTB received a petition from Mr. Jeff Havlin, the owner of Havlin
Vineyard and chair of the Van Duzer Corridor AVA Committee, on behalf
of himself and other local grape growers and vintners, proposing the
establishment of the ``Van Duzer Corridor'' AVA.
The proposed Van Duzer Corridor AVA is located in Oregon and covers
portions of Yamhill and Polk Counties which are north-northwest of the
city of Salem and northeast of the city of Dallas. The proposed AVA
lies entirely within the established Willamette Valley AVA (27 CFR
9.90) and does not overlap any other existing or proposed AVA. The
proposed Van Duzer Corridor AVA covers approximately 59,871 acres and
contains 6 wineries and 17 commercially-producing vineyards that cover
a total of approximately 1,000 acres.
The distinguishing features of the proposed Van Duzer Corridor AVA
are its topography, climate, and soils. Unless otherwise noted, all
information and data pertaining to the proposed AVA contained in this
document are from the petition for the proposed Van Duzer Corridor AVA
and its supporting exhibits.
Name Evidence
The proposed Van Duzer Corridor AVA takes its name from a natural
break in Oregon's Coastal Ranges which border the western side of the
Willamette Valley.\1\ Although the Coastal Ranges create a barrier to
air moving inland, this gap creates a wind corridor by providing an
opening for cool, moist Pacific Ocean air to flow eastward into the
Willamette Valley. An Oregon real estate site notes that temperatures
in the Willamette Valley are cooled by breezes moving through ``the Van
Duzer Corridor, which runs from Lincoln City on the coast to Salem in
the Valley.'' \2\ The dining and culinary page of a travel site
dedicated to the Salem area encourages readers to ``[h]ead west along
Highway 22 to loop through the Van Duzer Corridor. Here vines get the
benefit of temperate afternoon breezes and cool evenings--perfect
growing conditions for exceptional Pinot noir.'' \3\ TTB notes that
State Highway 22 forms the southern and southwestern boundaries of the
proposed Van Duzer Corridor AVA.
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\1\ The proposed Van Duzer Corridor AVA is distinct from the
H.B. Van Duzer Forest State Scenic Corridor. Both the proposed AVA
and the H.B. Van Duzer Forest State Scenic Corridor derive their
name from the late Henry Brooks Van Duzer, a former Chairman of the
Oregon State Highway Commission. See H.B. Van Duzer Forest State
Scenic Corridor--History/FAQ, Oregon State Parks, http://oregonstateparks.org/index.cfm?do=parkPage.dsp_parkHistory&parkId=160; see also http://www.princeofpinot.com/article/760.
\2\ http://www.buccolagroup.com/region/willamette-valley/about.
\3\ http://www.travelsalem.com/Dining/Dining-Overview.
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The term ``Van Duzer Corridor'' also is commonly used by local wine
industry members to describe the region of the proposed AVA. For
example, an article about Johan Vineyards, which is within the proposed
AVA, describes the vineyard's location as ``in the southwestern corner
of the Van Duzer Corridor.'' \4\ A local entertainment blog posted a
story about two wineries within the proposed AVA and stated that the
wineries ``lie within the Van Duzer Corridor, the gap in the coastal
hills bordering Salem * * * .'' \5\ An article featuring Pinot noir
wines of the proposed AVA notes, ``The influence of the Van Duzer
Corridor extends inland to the McMinnville and Eola-Amity Hills
appellations as well as the vineyards in the Dallas area of the
Willamette Valley.'' \6\ TTB notes that the proposed Van Duzer Corridor
AVA is located just north of Dallas, Oregon. Additionally, the
established McMinnville AVA (27 CFR 9.181) is due north of the proposed
AVA, and the established Eola-Amity Hills AVA (27 CFR 9.202) is
adjacent to the proposed AVA's eastern boundary. The website for the
St. Innocent Winery, which is located in the established Eola-Amity
Hills AVA east of the proposed AVA, states that the Willamette Valley
``is affected by winds blowing from the Pacific Ocean through the Van
Duzer Corridor eastward. * * * The Eola-Amity Hills AVA is 15 miles due
east from the mouth of the Van Duzer Corridor.'' \7\ A map on the St.
Innocent Winery's website shows the wine regions of Oregon, and an
arrow pointing to the region of the proposed AVA is marked as ``Van
Duzer Corridor.'' Finally, a wine blog that features the wines of the
Pacific Northwest and western Canada includes an article on the Van
Duzer Vineyard, which is located in the proposed AVA, and notes that
the vineyard ``is planted
[[Page 14797]]
smack dab at the mouth of the Van Duzer Corridor * * *.'' \8\
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\4\ http://www.princeofpinot.com/article/653.
\5\ http://www.willamettelive.com/2012/news/from-left-coast-to-bethel-heights.
\6\ http://www.princeofpinot.com/article/760.
\7\ http://www.stinnocentwine.com/NewFiles/vineyard.html.
\8\ http://www.northwestwineanthem.com/2013/02/mind-gap-van-duzer-vineyards.html.
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Boundary Evidence
The proposed Van Duzer Corridor AVA is a roughly triangular region
of low, rolling hills east of the Oregon Coastal Ranges. Each of the
proposed AVA's boundaries is drawn to delineate the low elevations of
the proposed AVA from the surrounding higher elevations. The proposed
northern boundary follows a straight line drawn between marked points
on USGS quadrangle maps and separates the proposed AVA from the
established McMinnville AVA, which is due north of the proposed AVA but
does not share a boundary. The eastern boundary of the proposed AVA is
concurrent with the western boundary of the established Eola-Amity
Hills AVA and follows a series of roads and the 200-foot elevation
contour. The proposed southern boundary runs east-west along a State
highway north of the city of Dallas and the community of Rickreall. The
proposed western boundary follows a north-south road to separate the
proposed AVA from the higher elevations of the Coastal Ranges.
Distinguishing Features
The distinguishing features of the proposed Van Duzer Corridor AVA
are its soils, topography, and climate.
Soils
The soils of the proposed Van Duzer Corridor AVA are primarily
uplifted marine sedimentary loams and silts with alluvial overlay, as
well as some uplifted basalt. The soils are typically shallow, well-
drained, and have a bedrock of siltstone. The primary soil series
within the proposed AVA include Helmick, Steiwer, Hazelair, Chehulpum,
Helvetia, and Santiam.
According to the petition, the high silt and clay levels cause the
soils to be ``buffered,'' meaning that the soils can absorb increased
amounts of added acidic or alkaline substances without affecting the
overall pH level of the soil. An increase or decrease in soil pH can
affect the way plant roots absorb minerals and nutrients, so the
ability of the soils to maintain a stable pH level is beneficial to
vineyards within the proposed AVA. The petition also states that the
sediments in the soil quickly absorb and ``lock up'' rainfall, so the
vines are less able to uptake water. As a result, if heavy rains occur
near harvest time, the grapes are less likely to swell and split due to
an excessive uptake of water. The vines are also less prone to
excessive growth or leaf production than vines planted in soils that
allow for more uptake of water. According to the petition, a thinner
leaf canopy allows more sunlight to reach the ripening fruit, inhibits
the growth of mildew and mold by promoting air circulation.
The soils immediately outside the northern and western boundaries
of the proposed AVA contain uplifted marine sediments, similar to the
soils of the proposed AVA. However, the soils are primarily from
different soil series, including Yamhill, Nekia, and Peavine. Moving
farther north and west, the soils begin to contain higher
concentrations of basalt and other volcanic materials. East of the
proposed AVA, within the Eola-Amity Hills AVA, the soils also contain
larger amounts of volcanic materials than are found within the proposed
AVA, including soils of the Nekia, Jory, and Ritner series. South of
the proposed AVA, the soils contain large concentrations of Ice Age
loess, which is not commonly found in the proposed AVA.
Topography
Within the wind corridor known as the ``Van Duzer Corridor,'' the
topography is characterized by low elevations and gently rolling hills.
The low elevations allow cool breezes to flow relatively unimpeded from
the Pacific Ocean, through the Coastal Ranges, and into the proposed
AVA. For most of its length, the wind corridor known as the ``Van Duzer
Corridor'' is narrow, squeezed by high elevations to the north and
south, and there is little room for suitable vineyard sites within this
portion of the corridor.
The eastern end of the wind corridor, where the proposed Van Duzer
Corridor AVA is located, has the same low elevations and rolling hills
as the western portion. However, because the wind corridor widens at
its eastern end, there is more room for vineyards. Elevations within
the proposed Van Duzer Corridor AVA range from approximately 180 feet
to a high point of 589 feet, as shown on the USGS quadrangle maps
included with the petition. Because the elevations within the proposed
AVA are too low to impede the eastward-flowing marine air, wind speeds
are higher within the proposed AVA and temperatures are typically
cooler than within the surrounding regions that have higher elevations.
Wind speed and temperature and their effects on viticulture will be
discussed in more detail later in this document.
To the north of the proposed Van Duzer Corridor AVA, within the
established McMinnville AVA, elevations reach up to 1,000 feet. East of
the proposed AVA, the higher elevations of the established Eola-Amity
Hills AVA form the eastern edge of the wind corridor, reducing the wind
speeds and preventing the Pacific air from travelling farther east.
Elevations within the Eola-Amity Hills AVA can reach approximately
1,160 feet. South of the proposed Van Duzer Corridor AVA, elevations
reach over 700 feet, as shown on the USGS Dallas, Oregon quadrangle
map. In the Coastal Ranges west of the proposed AVA, elevations can
rise close to 3,000 feet.
Climate
The petition to establish the proposed Van Duzer Corridor AVA
included information about the region's climate, in particular the wind
speed and cumulative growing degree days (GDDs).\9\ According to the
petition, wind speed and GDD data were not available for the regions to
the west and south-southwest of the proposed AVA due to a lack of
publicly accessible weather stations.
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\9\ In the Winkler climate classification system, annual heat
accumulation during the growing season, measured in annual growing
degree days (GDDs), 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. See
Albert J. Winkler, General Viticulture (Berkeley: University of
California Press, 1974), pages 61-64.
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Wind speed: Because the proposed Van Duzer Corridor AVA is located
within a wind corridor, the petition states that wind speeds within the
proposed AVA are typically higher than in the surrounding regions,
where higher elevations block the wind and slow its movement inland.
According to the petition, consistently high wind speeds contribute to
thicker grape skins, which increase the levels of phenolic compounds in
the fruit. Phenolic compounds contribute to the taste, aroma, and
mouthfeel of wines. The petition also states that wines made from
thicker-skinned grapes often have a darker, richer color than wines
made from grapes with thin skins.
The following table summarizes the average growing season \10\ wind
speeds for a vineyard in the center of the proposed AVA, as well as
from McMinnville Municipal Airport (north of the proposed AVA) and the
Salem Municipal Airport (south-southeast of the proposed AVA).
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\10\ Growing season is defined as the period between April 1 and
November 1.
[[Page 14798]]
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Average growing season wind speed (miles per hour)
Location ---------------------------------------------------------------
2012 2013 2014 2015
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Proposed AVA (Andante Vineyards)................ 11.2 9.9 9.8 \11\ 9
McMinnville airport............................. 5.05 4.2 5.85 6.9
Salem airport................................... 6.3 4.6 6.45 8.1
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Cumulative growing degree days: According to the petition,
temperatures within the proposed Van Duzer Corridor AVA are moderated
by the strong Pacific marine breezes. As evidence, the petition
includes data on cumulative GDDs for the proposed AVA and surrounding
regions, which are shown in the following table.
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\11\ Due to technical difficulties with the weather station,
2015 data from Adante Vineyards was only available through September
14.
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Cumulative growing degree days
Location ---------------------------------------------------------------
2012 2013 2014 2015
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Proposed AVA (Andante Vineyards)................ 2,080 2,243 2,624 \12\ 2,074
McMinnville airport............................. 2,298 2,369 2,819 2,753
Salem airport................................... 2,360 2,605 2,987 3,006
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The table shows that the proposed AVA has lower GDD accumulations
than the surrounding regions, indicating that its temperatures are
generally cooler. As a result, fruit ripens more slowly, creating a
longer hang time than for the same grape varietal grown in a region
with higher GDD accumulations. The petition states that a longer hang
time reduces acid respiration in the fruit, resulting in wines with
balanced acidity levels.
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\12\ Due to technical difficulties with the weather station,
2015 data from Adante Vineyards was only available through September
14.
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Summary of Distinguishing Features
In summary, the topography, soils, wind speed, and cumulative
growing degree days of the proposed Van Duzer Corridor AVA distinguish
it from the surrounding regions. In all directions from the proposed
AVA, elevations are higher. Where climate data is available, from north
and east of the proposed AVA, wind speeds are lower and GDD
accumulations are higher than within the proposed AVA. With respect to
soils, volcanic materials are more common in soils to the north, east,
and west of the proposed AVA. South of the proposed AVA, soils contain
higher concentrations of Ice Age loess.
Comparison of the Proposed Van Duzer Corridor AVA to the Existing
Willamette Valley AVA
T.D. ATF-162, which published in the Federal Register on December
1, 1983 (48 FR 54220), established the Willamette Valley AVA in
northwest Oregon. The Willamette Valley AVA is described in T.D. ATF-
162 as a broad alluvial plain surrounded by mountains. Elevations
within the AVA generally do not exceed 1,000 feet, which is generally
considered to be the maximum elevation for reliable grape cultivation
in the region. Soils are described as primarily silty loams and clay
loams.
The proposed Van Duzer Corridor AVA is located in the northwestern
portion of the Willamette Valley AVA and shares some broad
characteristics with the established AVA. For example, elevations
within the proposed AVA are below 1,000 feet, and the soils are
primarily silty loams and clay loams.
However, the proposed AVA's location at the eastern end of the only
wind gap in the portion of the Coastal Ranges that borders the
Willamette Valley AVA creates a unique microclimate. The persistently
high wind speeds and lower growing degree day accumulations within the
proposed Van Duzer Corridor AVA distinguish the proposed AVA from the
surrounding regions within the Willamette Valley AVA. Because of the
high wind speeds and lower growing degree day accumulations, grapes
grown within the proposed AVA typically have different physical
characteristics and maturation rates than the same varietals grown in
other parts of the Willamette Valley AVA.
Clarification of the Eola-Amity Hills AVA Boundary Description
In this document, TTB also is proposing to make a correction and
several clarifications to the boundary description of the existing
Eola-Amity Hills AVA (27 CFR 9.202), which is adjacent to the proposed
Van Duzer Corridor AVA. The Eola-Amity Hills AVA was established by
T.D. TTB-51, which published in the Federal Register on July 17, 2006
(71 FR 40404). Because one of the affected Eola-Amity Hills AVA
boundaries is also concurrent with the boundary of the proposed AVA,
TTB is proposing these clarifications in this document.
First, TTB is proposing to correct the description of the beginning
point for the Eola-Amity Hills AVA boundary in Sec. 9.202(c)(1). This
paragraph currently states that the AVA boundary's beginning point is
at ``the intersection of State Highways 22 and 223,'' which is located
west of the town of Rickreall, Oregon. However, the AVA boundary's
intended beginning point, as marked on the Rickreall, Oregon quadrangle
map that was included with the original AVA petition, is at the
intersection of State Highway 22 and Rickreall Road. This intersection
is located farther east along State Highway 22 than the currently-
described beginning point. TTB believes the erroneous description of
the Eola-Amity Hills boundary beginning point resulted from a
misreading of the markings for State Highway 223 on the Rickreall,
Oregon map.
TTB believes that Oregon wine industry members always have
understood the Eola-Amity Hills AVA boundary to begin at the
intersection of State Highway 22 and Rickreall Road. TTB notes that
commercially-produced maps of the Eola-Amity Hills AVA show its
boundary located at the intersection of State Highway 22 and Rickreall
Road. For example, see the Eola-Amity Hills AVA maps posted at http://eolaamityhills.com/explore-our-region/regional-map/ and http://
www.everyvine.com/wine-regions/
[[Page 14799]]
region/Eola_-_Amity_Hills/. TTB is therefore proposing to amend
paragraph (c)(1) to correct the description of the AVA boundary's
beginning point.
Second, TTB is proposing to amend the Eola-Amity Hills boundary
instructions in Sec. 9.202(c)(12), (13), (15), and (16) for clarity.
TTB believes the term ``township of Bethel'' in current paragraph
(c)(12) may be confusing since Bethel appears on the Amity, Oregon map
as the name of a crossroads, not as the name of a political or
geographic township. Therefore, TTB proposes to remove the word
``township'' from paragraph (c)(12) and to add a more precise
description of the point where the AVA's boundary, following Oak Grove
Road, intersects the 200-foot contour line.
In paragraph (c)(13), TTB proposes to clarify the direction in
which the Eola-Amity Hills AVA boundary proceeds along the 200-foot
contour line from Oak Grove Road, to clarify the point at which that
contour line intersects Zena Road, and to clarify that the boundary
follows Zena Road for a short distance to its intersection with Oak
Grove Road south of Bethel. In paragraph (c)(15), TTB is clarifying
that the AVA boundary follows Frizzell Road to the road's first
intersection with the 200-foot contour line. In paragraph (c)(16), TTB
is clarifying that, in returning to the AVA's boundary's beginning
point, the boundary crosses from the Amity, Oregon map onto the
Rickreall, Oregon map.
The proposed correction and clarifications are not intended to
alter the acreage of the Eola-Amity Hills AVA. TTB believes that the
correction and clarifications described above do not affect the
location of the AVA's boundary as originally intended by the AVA's
petitioners and as it is currently understood by members of the Oregon
wine industry. TTB also believes that the correction and clarifications
will not affect the ability of any bottler to use the Eola-Amity Hills
AVA name on a wine label. However, if any interested party believes the
proposed correction or any of the proposed clarifications would affect
the location of the AVA's boundary, or would affect their ability to
use the Eola-Amity Hills AVA name on a wine label, please submit a
comment to TTB as described in the Public Participation section of this
notice.
TTB Determination
TTB concludes that the petition to establish the approximately
59,871-acre Van Duzer Corridor 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, at least 85
percent of the wine must be derived from grapes grown within the area
represented by that name, and the wine must meet the other conditions
listed in Sec. 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling with an AVA name and that name
appears in the brand name, then the label is not in compliance and the
bottler must change the brand name and obtain approval of a new label.
Similarly, if the AVA name appears in another reference on the label in
a misleading manner, the bottler would have to obtain approval of a new
label. Different rules apply if a wine has a brand name containing an
AVA name 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, ``Van Duzer
Corridor,'' 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 ``Van Duzer Corridor'' 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. TTB is not proposing ``Van Duzer,'' standing
alone, as a term of viticultural significance if the proposed AVA is
established, in order to avoid a potential conflict with a current
label holder. Accordingly, the proposed part 9 regulatory text set
forth in this document specifies only the full name ``Van Duzer
Corridor'' as a term of viticultural significance for purposes of part
4 of the TTB regulations.
The approval of the proposed Van Duzer Corridor AVA would not
affect any existing AVA, and any bottlers using ``Van Duzer Corridor''
as an appellation of origin or in a brand name for wines made from
grapes grown within the Van Duzer Corridor AVA would not be affected by
the establishment of this new AVA. The establishment of the proposed
Van Duzer Corridor AVA would allow vintners to use ``Van Duzer
Corridor'' and ``Willamette Valley'' as appellations of origin for
wines made from grapes grown within the proposed Van Duzer Corridor
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 Van Duzer
Corridor AVA's location within the existing Willamette 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 Willamette Valley AVA.
TTB is also interested in comments on whether the geographic features
of the proposed AVA are so distinguishable from the surrounding
Willamette Valley AVA that the proposed Van Duzer Corridor AVA should
no longer be part of that AVA. Please provide any available specific
information in support of your comments. Finally, TTB is interested in
comments on whether the proposed correction and clarifications to the
Eola-Amity Hills AVA boundary are accurate and necessary to avoid
reader confusion.
Because of the potential impact of the establishment of the
proposed Van Duzer Corridor AVA on wine labels that include the term
``Van Duzer Corridor'' 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
[[Page 14800]]
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-2018-
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. 175 on the TTB website at https://www.ttb.gov/wine/wine_rulemaking.shtml">https://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 400, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 175 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. 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-2018-0006 on the Federal e-
rulemaking portal, Regulations.gov, at http://www.regulations.gov. A
direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 175. 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. Amend Sec. 9.202 by revising paragraphs (c)(1), (12), (13), (15),
and (16) to read as follows:
Sec. 9.202 Eola-Amity Hills.
* * * * *
(c) * * *
(1) The beginning point is on the Rickreall, Oregon, map at the
intersection of State Highway 22 and Rickreall Road, near the Oak Knoll
Golf Course, in section 50, T7S, R4W;
* * * * *
(12) Follow Old Bethel Road, which becomes Oak Grove Road, south
until the road intersects the 200-foot contour line approximately 400
feet north of Oak Grove Road's northern intersection with Zena Road,
just northwest of Bethel; then
(13) Follow the 200-foot contour line easterly and then southerly
until its first intersection with Zena Road, and then follow Zena Road
west approximately 0.25 mile to its southern intersection with Oak
Grove Road, south of Bethel; then
* * * * *
(15) Follow Frizzell Road west for approximately 0.25 mile to its
first intersection with the 200-foot contour line, then
(16) Follow the 200-foot contour line generally south, crossing
onto the Rickreall, Oregon, map, until the contour line intersects the
beginning point.
[[Page 14801]]
0
3. Subpart C is amended by adding Sec. 9.___to read as follows:
Sec. 9.___ Van Duzer Corridor.
(a) Name. The name of the viticultural area described in this
section is ``Van Duzer Corridor''. For purposes of part 4 of this
chapter, ``Van Duzer Corridor'' is a term of viticultural significance.
(b) Approved maps. The five United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Van Duzer Corridor viticultural area are titled:
(1) Sheridan, Oreg., 1956; revised 1992;
(2) Ballston, Oreg., 1956; revised 1992;
(3) Dallas, Oreg., 1974; photorevised 1986;
(4) Amity, Oreg., 1957; revised 1993; and
(5) Rickreall, Oreg., 1969; photorevised 1976;
(c) Boundary. The Van Duzer Corridor viticultural area is located
in Polk and Yamhill Counties, in Oregon. The boundary of the Van Duzer
Corridor viticultural area is as described below:
(1) The beginning point is on the Sheridan map at the intersection
of State Highway 22 and Red Prairie Road. From the beginning point,
proceed southeasterly along State Highway 22 for a total of 12.4 miles,
crossing over the Ballston and Dallas maps and onto the Rickreall map,
to the intersection of the highway with the 200-foot elevation contour
west of the Oak Knoll Golf Course; then
(2) Proceed north on the 200-foot elevation contour, crossing onto
the Amity map, to the third intersection of the elevation contour with
Frizzell Road; then
(3) Proceed east on Frizzell Road for 0.3 mile to the intersection
of the road with Oak Grove Road; then
(4) Proceed north along Oak Grove Road for 1.7 miles to the
intersection of the road with Zena Road; then
(5) Proceed east on Zena Road for approximately 0.25 mile to the
second intersection of the road with the 200-foot elevation contour;
then
(6) Proceed northwest along the 200-foot elevation contour to the
intersection of the elevation contour with Oak Grove Road; then
(7) Proceed north along Oak Grove Road (which becomes Old Bethel
Road) approximately 7.75 miles to the intersection of the road with
Patty Lane; then
(8) Proceed west in a straight line for a total of 10.8 miles,
crossing over the Ballston map and onto the Sheridan map, to the
intersection of the line with State Highway 18; then
(9) Proceed southwest along State Highway 18 for 0.3 miles to the
intersection of the highway with Red Prairie Road; then
(10) Proceed south along Red Prairie Road for approximately 5.3
miles, returning to the beginning point.
Signed: November 30, 2017.
John J. Manfreda,
Administrator.
Approved: March 30, 2018.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2018-07089 Filed 4-5-18; 8:45 am]
BILLING CODE 4810-31-P