[Federal Register Volume 85, Number 191 (Thursday, October 1, 2020)]
[Proposed Rules]
[Pages 61907-61912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17854]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2020-0008; Notice No. 193]
RIN: 1513-AC58


Proposed Establishment of the Mount Pisgah, Polk County, Oregon 
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 5,850-acre ``Mount Pisgah, Polk County, 
Oregon'' viticultural area in Polk County, Oregon. The proposed 
viticultural area lies entirely within the Willamette Valley 
viticultural area. TTB designates viticultural areas to allow vintners 
to better describe the origin of their wines and to allow consumers to 
better identify wines they may purchase. TTB invites comments on this 
proposed addition to its regulations.

DATES: Comments must be received by November 30, 2020.

ADDRESSES: You may electronically submit comments to TTB on this 
proposal, and view copies of this document, its supporting materials, 
and any comments TTB receives on it within Docket No. TTB-2020-0008 as 
posted on Regulations.gov (https://www.regulations.gov), the Federal e-
rulemaking portal. Please see the ``Public Participation'' section of 
this document below for full details on how to comment on this proposal 
via Regulations.gov or U.S. mail, and for full details on how to obtain 
copies of this document, its supporting materials, and any comments 
related to this proposal.

FOR FURTHER INFORMATION CONTACT: Kate M. Bresnahan, 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. 151.

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 the functions 
and duties in the administration and enforcement of these provisions to 
the TTB Administrator through Treasury Order 120-01, dated December 10, 
2013 (superseding Treasury Order 120-01, dated January 24, 2003).
    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;
     If the proposed AVA is to be established within, or 
overlapping, an existing AVA, an explanation that both identifies the 
attributes of the proposed AVA that are consistent with the existing 
AVA and explains how the proposed AVA is sufficiently distinct from the 
existing AVA and therefore appropriate for separate recognition; and
     A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

Mount Pisgah, Polk County, Oregon Petition

    TTB received a petition from the representatives of the vineyards 
and wineries within the proposed Mount Pisgah, Polk County, Oregon 
viticultural area, proposing the establishment of the ``Mount Pisgah, 
Polk County, Oregon'' AVA.
    The proposed Mount Pisgah, Polk County, Oregon AVA is located 
within Polk County, Oregon. 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 Mount Pisgah, Polk 
County, Oregon AVA contains approximately 5,850 acres, with 10 
commercially-producing vineyards covering a total of 531 acres 
distributed throughout the proposed AVA. The petition states that an 
additional 164 acres in total will soon

[[Page 61908]]

be added to 4 of the existing vineyards. Two wineries are also located 
within the proposed AVA.
    According to the petition, the distinguishing features of the 
proposed Mount Pisgah, Polk County, Oregon AVA include its climate, 
geology, soils, and topography. Unless otherwise noted, all information 
and data pertaining to the proposed AVA contained in this document are 
from the petition for the proposed Mount Pisgah, Polk County, Oregon 
AVA and its supporting exhibits.

Name Evidence

    The petition states that the proposed Mount Pisgah, Polk County, 
Oregon gets its name from the 835-foot mountain on which the proposed 
AVA is located. According to the petition, Colonel Cornelius Gilliam 
named Mount Pisgah, a small mountain near where he settled in Dallas, 
Oregon in 1845, after the Mount Pisgah near his home in Missouri. The 
petition included several examples that demonstrate the long-term use 
of the name ``Mount Pisgah'' to describe the region of the proposed 
AVA. For example, in a 1915 account of her journey from Illinois to 
Polk County and her first years there, Mary Dempsey Bronson recalled 
her first picnic in Oregon, which was ``a May Day picnic on Mount 
Pisgah'' in 1865.\1\ An excerpt from the 1927 edition of Polk County 
Geographic Names includes a reference to Mount Pisgah.\2\ A Mount 
Pisgah local chapter of the Oregon Farmers' Union was active from the 
1930s through the 1950s. Mount Pisgah Fruit Farms appeared on Metzger 
maps of the region as late as 1962, according to the petition.
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    \1\ Mary J. Dempsey Bronson, ``My Trip Across the Plains,'' 
available at http://genealogytrails.com/ore/polk/biographies/polkcountypioneers1.html (last accessed June 8, 2020).
    \2\ Lewis A. McArthur, Oregon Geographic Names, Oregon 
Historical Society, Portland, Oregon, 1974.
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    The petition states that currently, the name ``Mount Pisgah'' is 
still used to describe the region. The mountain that forms the majority 
of the proposed AVA is labeled ``Mount Pisgah'' on the current United 
States Geological Survey (USGS) Dallas, Oregon, quadrangle map, as well 
as on Google Maps, OpenStreetMap, and other map websites, according to 
the petition. Furthermore, Mt. Pisgah Orchards is a company doing 
business within the proposed AVA.

Boundary Evidence

    The boundary of the proposed Mount Pisgah, Polk County, Oregon 
viticultural area is defined by the shape of the mountain, according to 
the petition. Clear divisions of climate, geology, soils, elevation, 
and topography informed the creation of the boundary. The boundary 
follows a series of roads and elevation contours to separate the 
mountain that forms the proposed AVA from the surrounding lower, 
flatter valley floor, with its alluvial soils and warmer, windier 
climate.

Distinguishing Features

    The distinguishing features of the proposed Mount Pisgah, Polk 
County, Oregon AVA include its temperature, wind speed, geology, soils, 
elevation, and topography.

Temperature

    The petitioner collected temperature data from one location within 
and two locations outside of the proposed Mount Pisgah, Polk County, 
Oregon AVA. The petitioner collected the data from April through 
October during the period of 2014-2016 from Croft Vineyard within the 
proposed AVA; the airport at Salem in the Willamette Valley AVA, 18 
miles east of the proposed AVA; and the airport at McMinnville, which 
is located within the Willamette Valley AVA and adjacent to the 
McMinnville AVA, 23 miles north-north-east of the proposed AVA. The 
petition did not include temperature data from the regions to the 
north, south, or west of the proposed AVA.
    The petition states that the proposed Mount Pisgah, Polk County, 
Oregon AVA is cooler than the surrounding areas, with an average of 
2,543 growing degree days (GDD) \3\ over the three years, making it a 
low region II on the Winkler Scale.\4\ The petitioner notes that the 
2014-2016 growing seasons for the proposed AVA were warmer than usual, 
and that a more typical year's GDD average would place the proposed AVA 
in the cooler Winkler region 1b. However, the petitioner did not 
include data to support this claim. Over the same period of time, Salem 
had an average of 2,903 GDD per year, making it a high region II on the 
Winkler Scale. McMinnville had an average of 2,661 GDD over the same 
period of time, making it a mid-region II on the Winkler Scale, 
according to the petition.
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    \3\ See Albert J. Winkler, General Viticulture (Berkeley: 
University of California Press, 1974), pages 61-64. In the Winkler 
climate classification system, annual heat accumulation during the 
growing season, measured in annual GDDs, defines climatic regions. 
One GDD accumulates for each degree Fahrenheit that a day's mean 
temperature is above 50 degrees F, the minimum temperature required 
for grapevine growth.
    \4\ Id. In the Winkler scale, the GDD regions are defined as 
follows: Region I = less than 2,500 GDDs; Region II = 2,501-3,000 
GDDs; Region III = 3,001-3,500 GDDs; Region IV = 3,501-4,000 GDDs; 
Region V = greater than 4,000 GDDs.
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    The petition notes that the difference in temperature between the 
proposed Mount Pisgah, Polk County, Oregon AVA and its surrounding 
areas has an important impact on viticulture. Winkler identified pinot 
noir, pinot gris, and chardonnay as grape varietals that are typically 
grown in regions classified as region 1b. According to the petition, 
approximately 90 percent of the grapes planted in the proposed AVA are 
pinot noir, pinot gris, and chardonnay.
Wind Speed
    According to the petition, to the north of the proposed Mount 
Pisgah, Polk County, Oregon AVA are the lower-elevation areas near the 
towns of Dallas, Perrydale, and Rickreall. In these areas, the coastal 
winds enter the Willamette Valley through the Van Duzer Corridor wind 
gap in the mountains of the Coast Range. The petition states that the 
Willamette Valley also experiences north and south winds along the 
valley floor. The petition states that the proposed AVA is protected 
from the Pacific coastal winds by the higher elevations of the Coast 
Range to the west, and from the valley floor winds due to its higher 
elevations. As a result, the proposed AVA has a much lower average wind 
speed than the surrounding areas.
    The petition included growing season wind speed data from 2014-2016 
collected from within the proposed Mount Pisgah, Polk County, Oregon 
AVA and the regions to the east and north-northeast of the proposed 
AVA. The data shows that Salem has the highest average wind speed (6.1 
mph); McMinnville has a slightly lower average wind speed (5.2 mph); 
and the proposed AVA has a much lower average wind speed (2.3 mph). 
According to the Oregon Annual Average Wind Speed map included in the 
petition, the nearby established Van Duzer Corridor AVA (27 CFR 9.265) 
to the north and the established Eola-Amity Hills AVA (27 CFR 9.202) to 
the north-northeast have average wind speeds between 5.0 and 6.0 meters 
per second (m/s), while the proposed AVA has an average wind speed of 
4.5 m/s.\5\
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    \5\ National Renewable Energy Laboratory, https://windexchange.energy.gov/maps-data/104 (last accessed October 25, 
2018).
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    The petition quotes climatologist Gregory V. Jones when describing 
the impact winds have on viticulture: ``During the early stages of 
vegetative growth, high winds can break new shoots, delaying and even 
reducing the amount of flowering. As the berries

[[Page 61909]]

proceed through v[egrave]raison and into the maturation stage, high 
winds can be very effective at desiccating the fruit and can result in 
lower volume * * *.'' \6\ The petition adds that wind affects the 
composition of berries, humidity in vineyards, susceptibility to fungal 
infection, the microflora on berries, and the temperature during the 
ripening period as well as during spring and fall freezes.\7\
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    \6\ Gregory Jones, ``Climate Grapes, and Wine--Terroir and the 
Importance of Climate to Winegrape Production,'' August 12, 2015, 
available at https://www.guildsomm.com/public_content/features/articles/b/gregory_jones/posts/climate-grapes-and-wine (last 
accessed June 8, 2020).
    \7\ UC Davis, ``Vineyard Impacts on Flora,'' available at 
https://wineserver.ucdavis.edu/industry-info/enology/fermentation-management-guides/wine-fermentation/vineyard-impacts-flora (last 
accessed June 8, 2020).
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Geology
    The petition states that the proposed Mount Pisgah, Polk County, 
Oregon AVA is bounded topographically around a unique geological 
formation that occurs only within the proposed AVA. Other Oregon AVAs 
have sedimentary soils, but they do not have the combination of these 
soils with an ancient parent material. The parent material of the 
mountain comes from the Siletz River volcanics of the middle and lower 
Eocene and Paleocene (approximately 40 to 60 million years ago). The 
rocks are zeolotized (contain aluminum) and veined with calcite, and 
were sea floor mountains. The Siletz River volcanics are exposed near 
the summit of Mount Pisgah, where it directly affects the soils and 
viticulture. The Siletz River volcanics are the oldest rocks in the 
Willamette Valley, and occur below marine sediments six miles from the 
Willamette River, which makes the proposed AVA unique, according to the 
petition.
    According to the petition, 97.2 percent of the soils within the 
proposed Mount Pisgah, Polk County, Oregon AVA contain colluvium or 
residuum as parent material, both of which are ancient sedimentary 
soils that form different soil horizons. The only alluvial parent 
material in the area is old alluvium coming from the Missoula Flood, 
which comprises 2.1 percent of the area.
    The petition states that the geology of the areas surrounding the 
proposed Mount Pisgah, Polk County, Oregon AVA are different than that 
within the proposed AVA. The area to the north of the proposed AVA is 
comprised of alluvial parent material from the quaternary period, silt, 
and sand. The area to the west of the proposed AVA is made up of marine 
siltstone and basalt sandstone. The area to the south of the proposed 
AVA is alluvial creek beds between formation of siltstone and 
sandstone. Finally, the area to the east of the proposed AVA is made 
from alluvial parent material from the quaternary period, silt, and 
sand, according to the petition.
    According to Ted Goldammer's Grape Grower's Handbook, ``The nature 
of the parent material can have a profound influence on the 
characteristics of the soil. The mineralogy of the parent material is 
mirrored in the soil and can determine the weathering process and 
control the natural vegetation composition.'' \8\ A research article on 
grapevine rooting patters by David R. Smart et al. states, 
``Grapevines, as a group, appear to have proportionally deeper root 
distributions * * * compared to many plants in natural ecosystems.'' 
\9\ The article also states that in viticulture, mature grape roots may 
reach 20 feet and may penetrate multiple soil horizons, accessing 
different minerals. Because the geology of the proposed AVA is 
different from that of the surrounding regions, grapevine roots within 
the proposed AVA will have access to a different set of minerals and 
nutrients than grapevines grown elsewhere.
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    \8\ Ted Goldammer. Grape Grower's Handbook. Centreville, 
Virginia: Apex Publishers, 2013. p. 324.
    \9\ David R. Smart, Erin Schwass, Alan Lakso, and Lisa Morano. 
``Grapevine Rooting Patterns: A Comprehensive Analysis and a 
Review.'' American Journal of Enology and Viticulture. March 2006, 
vol. 57: 89-104.
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Soils
    The petition states that the weathered soils in the upper layers of 
the proposed Mount Pisgah, Polk County, Oregon AVA contain fine to 
coarse grains with calcareous concretions and are carbonaceous and 
micaceous. These soils are generally classified as marine sediments and 
have a combination of shallow topsoil and clayey and silty subsoils. 
The main soil series in the proposed AVA are marine silty clay loams, 
including Bellpine, Jory, Nekia, Rickreall, Willakenzie, and others. 
Silty clay loams make up 92.1 percent of all soils within the proposed 
AVA. In his Grape Grower's Handbook, Ted Goldammer writes, ``The 
primary soil property in determining a suitable site is soil texture * 
* *. Texture affects the water holding capacity of the soils and 
internal water drainage.'' \10\
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    \10\ Supra note 8.
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    The petition states that soil drainage class is important to grape 
growth during the growing season. According to a USDA soil drainage 
classification map included in the petition, approximately 92 percent 
of the soils within the proposed AVA are well drained or moderately 
well drained. The USDA defines well drained soils as soils in which 
water is removed readily, but not rapidly. Well drained soils are 
commonly medium textured. Water is available for plants throughout most 
of the growing season, and soil wetness does not inhibit the growth of 
roots for significant periods.\11\ The USDA defines moderately well 
drained soils as soils in which water is removed somewhat slowly during 
some periods.\12\ Grapes are particularly sensitive to high water 
levels, according to the petition.
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    \11\ USDA Soil Survey for Polk County, Oregon (1982 ed.), p.151, 
available at https://www.nrcs.usda.gov/internet/FSE_MANUSCRIPTS/oregon/polkOR1982/polkOR1982.pdf. (last accessed June 8, 2020).
    \12\ Id.
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    However, grapes do need some water in the summer months, and, 
according to the petition, available water capacity in the proposed AVA 
is moderately high. A map of available water capacity of the soils of 
the proposed AVA and the surrounding regions shows the values of the 
soils in the proposed AVA range narrowly from 0.16 to 0.12 centimeters 
(cm) of water to 1 cm of soil, which enables dry farming. Hydraulic 
conductivity of soil is a linear measurement that describes the ease 
with which water moves through soil when it is saturated. It is 
measured in Ksat. According to the petition, a balanced Ksat value 
allows for root penetration at slow but acceptable rates. According to 
a map of Ksat values of the soils of the proposed AVA and surrounding 
regions that was included in the petition, the proposed AVA has Ksat 
ratings between 3.0 and 4.7, which constitutes a balanced distribution 
when it comes to hydraulic conductivity.
    The petition states that the areas surrounding the proposed Mount 
Pisgah, Polk County, Oregon AVA have different soil characteristics, as 
they all contain alluvial deposits from the recent quaternary period, 
instead of sedimentary deposits. To the north of the proposed AVA, 
soils are clayey alluvium, have a lower Ksat rating, and are more 
poorly drained. To the west of the proposed AVA, the soils are alluvial 
loam, have a lower Ksat rating, and are more poorly drained. To the 
south of the proposed AVA, soils are silty alluvial and have a lower 
Ksat rating. According to the petition, soils to the south of the 
proposed AVA are also not as well drained as the soils of the proposed 
AVA, even though the differences in soil drainage are not as easily 
visible on the soil drainage map as they are in

[[Page 61910]]

other surrounding regions. To the east of the proposed AVA, soils are 
silty alluvium and alluvial loam, have a higher Ksat rating, and are 
also more poorly drained.
Elevation and Topography
    The petition states that the proposed Mount Pisgah, Polk County, 
Oregon AVA is located on a small mountain among the hills of the 
Willamette Valley AVA. The foot of the mountain, which marks the edges 
of the proposed AVA, is at 260 feet. The top of the Mount Pisgah, at 
835 feet, is within the range of elevation for typical wine-grape 
production in the region. All wine-grape production in the proposed AVA 
occurs between 750 and 260 feet in elevation, which allows for adequate 
heat accumulation and cold air drainage. The proposed AVA is also 
contains several creeks, including Fern Creek, Cooper Creek, and 
multiple forks of Ash Creek. The elevations and topography of the 
proposed AVA help protect the vineyards from frost damage in the spring 
and fall, as cool air drains down the hillsides and creeks to the 
lower-elevation areas that occur in all directions outside of the 
proposed AVA.
    The petition also states that the proposed Mount Pisgah, Polk 
County, Oregon AVA has south-facing slopes. By contrast, the region to 
the south of the proposed AVA, on the slopes of Fishback Hill, faces 
north. The difference in slope direction has an effect on viticulture. 
According to the petition, ``On a south-facing slope and a north-
facing, plants grow differently. Even if the soils are the same, there 
is different response to temperatures, different emergence times, and 
different development rates. The temperature variation across the field 
itself may be on the order of 5 [deg]F.\13\ In growing degree days over 
a seven-month season, this could change the total by more than 500 GDDs 
at 5 [deg]F (for only half the day)--very significant considering the 
yearly totals mentioned earlier in this document.'' The petition states 
that grapes in Oregon are rarely planted on north-facing slopes for 
that reason.
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    \13\ Iowa State University Department of Agronomy, ``GDD 
Inaccuracies,'' available at http://agron-www.agron.iastate.edu/courses/Agron541/classes/541/lesson03a/3a.4.2.html (last accessed 
June 8, 2020).
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Summary of Distinguishing Features

    In summary, the temperature, wind speed, geology, soils, and 
elevation and topography of the proposed Mount Pisgah, Polk County, 
Oregon AVA distinguish it from the surrounding regions. The proposed 
AVA had an average of 2,543 GDDs and an average wind speed of 2.3 miles 
per hour between 2014 and 2016. Geologically, the proposed AVA contains 
Siletz River volcanics parent material that is unique in Oregon AVAs. 
The majority of the soils in the proposed AVA are silty clay loams. The 
proposed AVA is a small mountain, where wine grapes grow between 260 
and 750 feet in elevation. The following table, derived from 
information in the petition, compares the features of the proposed AVA 
to the features of the surrounding areas.

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        Distinguishing feature          Direction from proposed AVA           Description of difference
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Temperature and Growing Degree Days..  North, East.................  Warmer with higher GDD accumulations.
Wind.................................  North, East.................  Higher wind speeds.
Geology..............................  North, South, East, West....  No Siletz River volcanics parent material;
                                                                      alluvial parent material.
Soils................................  North, South, East, West....  Poorly-drained alluvial soils in each
                                                                      direction; lower Ksat values to north,
                                                                      west, and south, and higher values to the
                                                                      east.
Elevation............................  North, East, West...........  Lower elevations.
Topography...........................  North, South, East, West....  Topography flattens to north, east, and
                                                                      west; rises to a north-facing slope to the
                                                                      south.
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Comparison of the Proposed Mount Pisgah, Polk County, Oregon AVA to the 
Existing Willamette Valley AVA

    T.D. ATF-162, which published in the Federal Register on December 
1, 1983 (48 FR 54221), established the Willamette Valley AVA in 
northwest Oregon. The Willamette Valley AVA is one of nine 
physiographic regions in Oregon and it is described as a ``broad 
alluvial plain'' with a unique and homogeneous climate. Temperatures in 
the Willamette Valley AVA are mild, averaging 40 [deg]F in the winter 
and 75 [deg]F in the summer. The area averages 40 inches of rainfall 
per year. The Willamette Valley AVA contains two basic types of soil--
silty loam and clay loam.
    The proposed Mount Pisgah, Polk County, Oregon AVA is located 15 
miles west of Salem, Oregon, and would be the southernmost AVA within 
the Willamette Valley AVA, and it shares some broad characteristics 
with the established AVA. Like the established AVA, the proposed AVA 
does not contain elevations above 1,000 feet above sea level. 
Additionally, both areas contain mostly silty and clay loam soils. 
However, the proposed AVA differs from the Willamette Valley AVA 
because it is located entirely on a small mountain. Thus, it has 
slightly lower temperatures than other regions within the Willamette 
Valley AVA. Wind speeds within the proposed AVA are also lower than in 
other parts of the Willamette Valley AVA, due to its elevation. Lastly, 
the proposed AVA contains Siletz River volcanics parent material, a 
unique geological feature which only occurs within the proposed AVA.

TTB Determination

    TTB concludes that the petition to establish the approximately 
5,850-acre Mount Pisgah, Polk County, Oregon 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. You may also view the proposed 
Mount Pisgah, Polk County, Oregon AVA boundary on the AVA Map Explorer 
on the TTB website, at https://www.ttb.gov/wine/ava-map-explorer.

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. For a wine to be labeled with an AVA name or with a 
brand name that includes an AVA name or other term identified as being 
viticulturally significant in part 9 of the TTB regulations, at least 
85

[[Page 61911]]

percent of the wine must be derived from grapes grown within the area 
represented by that name or other term, and the wine must meet the 
other conditions listed in 27 CFR 4.25(e)(3). If the wine is not 
eligible for labeling with an AVA name or other viticulturally 
significant term and that name or term appears in the brand name, then 
the label is not in compliance and the bottler must change the brand 
name and obtain approval of a new label. Similarly, if the AVA name or 
other viticulturally significant term appears in another reference on 
the label in a misleading manner, the bottler would have to obtain 
approval of a new label. Different rules apply if a wine has a brand 
name containing an AVA name or other viticulturally significant term 
that was used as a brand name on a label approved before July 7, 1986. 
See Sec.  4.39(i)(2) of the TTB regulations (27 CFR 4.39(i)(2)) for 
details.
    If TTB establishes this proposed AVA, its name, ``Mount Pisgah, 
Polk County, Oregon,'' 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)). TTB also proposes to designate ``Mt. Pisgah, Polk County, 
Oregon'' as a term of viticultural significance. The text of the 
proposed regulation clarifies this point. Consequently, wine bottlers 
using the name ``Mount Pisgah, Polk County, Oregon'' 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 to make ``Mount Pisgah'' 
a term of viticultural significance due to the number of locations 
known as ``Mount Pisgah'' within the United States. Finally, TTB is 
proposing to allow the word ``Mount'' to be abbreviated as ``Mt.'' in 
the name of the proposed AVA, if the proposed AVA is established.
    The approval of the proposed Mount Pisgah, Polk County, Oregon AVA 
would not affect any existing AVA, and any bottlers using ``Willamette 
Valley'' as an appellation of origin or in a brand name for wines made 
from grapes grown within the Willamette Valley would not be affected by 
the establishment of this new AVA. The establishment of the proposed 
Mount Pisgah, Polk County, Oregon AVA would allow vintners to use 
``Mount Pisgah, Polk County, Oregon'' and ``Willamette Valley'' as 
appellations of origin for wines made from grapes grown within the 
proposed Mount Pisgah, Polk County, Oregon 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 Mount Pisgah, 
Polk County, Oregon 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 Mount Pisgah, 
Polk County, Oregon AVA should no longer be part of that AVA. Please 
provide any available specific information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Mount Pisgah, Polk County, Oregon AVA on wine labels that 
include the term ``Mount Pisgah, Polk County, Oregon'' as discussed 
above under Impact on Current Wine Labels, TTB is particularly 
interested in comments regarding whether there will be a conflict 
between the proposed AVA name and currently used brand names. If a 
commenter believes that a conflict will arise, the comment should 
describe the nature of that conflict, including any anticipated 
negative economic impact that approval of the proposed AVA will have on 
an existing viticultural enterprise. TTB is also interested in 
receiving suggestions for ways to avoid conflicts, for example, by 
adopting a modified or different name for the AVA.

Submitting Comments

    You may submit comments on this notice by using one of the 
following two methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this notice within Docket No. TTB-2020-
0008 on ``Regulations.gov,'' the Federal e-rulemaking portal, at 
https://www.regulations.gov. A direct link to that docket is available 
under Notice No. 193 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.
    Please submit your comments by the closing date shown above in this 
notice. Your comments must reference Notice No. 193 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-2020-0008 on the Federal e-
rulemaking portal, Regulations.gov, at https://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. 193. You may 
also reach the relevant docket through the Regulations.gov search page 
at https://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

[[Page 61912]]

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 obtain copies of this proposed rule, all related 
petitions, maps and other supporting materials, and any electronic or 
mailed comments that TTB receives about this proposal at 20 cents per 
8.5- x 11-inch page. Please note that TTB is unable to provide copies 
of USGS maps or any similarly-sized documents that may be included as 
part of the AVA petition. Contact TTB's Regulations and Rulings 
Division by email using the web form at https://www.ttb.gov/contact-rrd, or by telephone at 202-453-1039, ext. 175, 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 an AVA 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

    Kate M. Bresnahan of the Regulations and Rulings Division drafted 
this notice of proposed rulemaking.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, TTB proposes to amend 
title 27, chapter I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Subpart C is amended by adding Sec.  9.___ to read as follows:


Sec.  9.___  Mount Pisgah, Polk County, Oregon.

    (a) Name. The name of the viticultural area described in this 
section is ``Mount Pisgah, Polk County, Oregon''. For purposes of part 
4 of this chapter, ``Mount Pisgah, Polk County, Oregon'' and ``Mt. 
Pisgah, Polk County, Oregon'' are terms of viticultural significance.
    (b) Approved maps. The two United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Mount Pisgah, Polk County, Oregon viticultural area are titled:
    (1) Dallas, OR, 2014; and
    (2) Airlie North, OR, 2014.
    (c) Boundary. The Mount Pisgah, Polk County, Oregon viticultural 
area is located in Polk County, Oregon. The boundary of the Mount 
Pisgah, Polk County, Oregon viticultural area is as described below:
    (1) The beginning point is on the Dallas map at the point where the 
320-foot elevation contour intersects Mistletoe Road south of the 
unnamed road known locally as SE Lewis Street. From the beginning 
point, proceed south along Mistletoe Road for approximately 2 miles to 
the road's second intersection with the 740-foot elevation contour; 
then
    (2) Proceed due west approximately 0.5 miles to the 400-foot 
elevation contour; then
    (3) Proceed south along the 400-foot elevation contour, crossing 
onto the Airlie North map, to the contour's intersection with Cooper 
Hollow Road near Fisher Reservoir; then
    (4) Proceed southeasterly along Cooper Hollow Road to its 
intersection with McCaleb Road; then
    (5) Proceed east, then northeast, then east along McCaleb Road for 
approximately 1.6 miles to its intersection with Mistletoe Road and the 
260-foot elevation contour; then
    (6) Proceed easterly along the 260-foot elevation contour until it 
intersects again with Mistletoe Road; then
    (7) Proceed east along Mistletoe Road for 0.3 mile to its 
intersection with Matney Road; then
    (8) Proceed north along Matney Road for 0.6 mile to its 
intersection with the 260-foot elevation contour at a 90 degree turn in 
the road; then
    (9) Proceed northwesterly along the 260-foot elevation contour to 
its intersection with Bursell Road; then
    (10) Proceed east along Bursell Road for 0.2 mile to its 
intersection with the 260-foot elevation contour; then
    (11) Proceed north along the 260-foot elevation contour, crossing 
onto the Dallas map, to the contour's intersection with Whiteaker Road; 
then
    (12) Proceed southeasterly along Whiteaker Road for 1.0 mile to its 
intersection with the 260-foot elevation contour at a 90 degree turn in 
the road; then
    (13) Proceed north, then west along the 260-foot elevation contour 
to its intersection with Ballard Road; then
    (14) Proceed south along Ballard Road to its intersection with the 
300-foot elevation contour; then
    (15) Proceed northwesterly along the 300-foot elevation contour, to 
its intersection with Cherry Knoll Road; then
    (16) Proceed south along Cherry Knoll Road to its intersection with 
the 320-foot elevation contour; then
    (17) Proceed northwesterly along the 320-foot elevation contour, 
returning to the beginning point.

    Signed: May 28, 2020.
Mary G. Ryan,
Acting Administrator.
    Approved: June 17, 2020.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).

     Editorial Note:  This document was received for publication by 
the Office of the Federal Register on August 11, 2020.
[FR Doc. 2020-17854 Filed 9-30-20; 8:45 am]
BILLING CODE 4810-31-P