[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Proposed Rules]
[Pages 67475-67480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22603]
[[Page 67475]]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2020-0012; Notice No. 197]
RIN 1513-AC64
Proposed Establishment of the Lower Long Tom 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 25,000-acre ``Lower Long Tom'' viticultural
area in portions of Lane and Benton Counties in Oregon. The proposed
viticultural area lies entirely within the existing 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 December 22, 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-2020-0012 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: 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 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.
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.
Lower Long Tom Petition
TTB received a petition from Dieter Boehm, owner of High Pass
Vineyard and Winery, proposing the establishment of the approximately
25,000-acre ``Lower Long Tom'' AVA in portions of Lane and Benton
Counties in Oregon. The proposed Lower Long Tom AVA lies entirely
within the established Willamette Valley AVA (27 CFR 9.90) and does not
overlap any other existing or proposed AVA. Within the proposed AVA are
10 wineries and 22 commercially-producing vineyards that cover a total
of approximately 492 acres.
The distinguishing features of the proposed Lower Long Tom AVA are
its topography, soils, and climate. Unless otherwise noted, all
information and data pertaining to the proposed AVA contained in this
document are from the petition for the proposed Lower Long Tom AVA and
its supporting exhibits.
Name Evidence
The proposed Lower Long Tom AVA takes its name from the Long Tom
River, which runs along the eastern boundary of the proposed AVA.
According to the petition, the origin of the river's name is uncertain,
but it is likely a poor phonetical adaptation of the native name for
the river, ``Lama Tum Buff.'' The petition included several examples of
the use of ``Long Tom'' within the region of the proposed AVA,
including the Long Tom Grange, an organization which serves farmers and
their
[[Page 67476]]
communities in the region of the proposed AVA. The grange also
organizes the Long Tom Country Trail, where ``visitors can discover the
beauty and the bounty of the Long Tom River watershed.'' \1\ The Long
Tom Watershed Council \2\ works to improve the water quality of the
Long Tom River and its watershed, including the region within the
proposed AVA.
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\1\ Turner, David. Along the Long Tom River (Junction City, OR:
Paw Print, 2017), page 112.
\2\ www.longtom.org.
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The petitioner proposed the name ``Lower Long Tom'' to
differentiate the region of the proposed AVA from the region closer to
the headwaters of the Long Tom River. The ``lower'' portion of the
river is defined as the portion that flows from Fern Ridge Lake to the
Willamette River, as shown in a map in the book Along the Long Tom
River which was included in the petition.\3\ A 2016 public meeting
notice from the Long Tom Watershed Council uses a similar definition of
the lower portion of the river, stating that the council received
funding to ``improve the function and habitat of the lower [sic] Long
Tom River from the Fern Ridge Dam downstream to the Willamette River.''
\4\
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\3\ Turner, Along the Long Tom River, page 3.
\4\ http://www.longtom.org/nov-29-publilc-meeting-lower-long-tom-river-habitat-improvement-plan.
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Other reports from the Long Tom Watershed Council also use the term
``Lower Long Tom'' to refer to the region of the proposed AVA. For
example, in its 2005 conservation strategy report, the Council states,
``Fluvial cutthroat trout migrate from the Willamette to streams in the
lower Long Tom for spawning, juvenile rearing, and refuge.'' \5\
Another example of name usage from the Council's website is a web page
titled ``Lower Long Tom River Habitat Enhancement Project Homepage,''
\6\ which describes watershed improvement projects in the Lower Long
Tom region. One such project is described as ``Lower Long Tom Riparian
Enhancement at Stroda's,'' \7\ which involved planting native trees and
removing invasive plant species at the Stroda Brothers' Farm. TTB notes
that the address for Stroda Brother's Farm is within the proposed
AVA.\8\
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\5\ http://www.longtom.org/wp-content/uploads/2012/05/Conservation-Strategy-with-maps-goals.pdf, page 5.
\6\ longtom.org/lowerlongtom/.
\7\ longtom.org/lower-long-tom-riparian-enhancement-at-strodas.
\8\ https://www.chamberofcommerce.com/monroe-or/pumpkin-patches/32703953-stroda-brothers-farm.
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Other examples of the use of the term ``Lower Long Tom'' to
describe the region of the proposed AVA are found in descriptions of
the pioneer families along the river. For example, the book Along the
Long Tom River also notes that early settlers to the area made their
farms ``[i]n the Lower Long Tom area, downstream from the confluences
of Spencer and Coyote Creeks * * *.'' \9\
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\9\ Turner, Along the Long Tom River, page 39.
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Boundary Evidence
The proposed Lower Long Tom AVA is located in the southern portion
of the existing Willamette Valley AVA, approximately 20 miles northwest
of the city of Eugene, Oregon, and approximately the same distance
south of the city of Corvallis, Oregon. The Long Tom River and its
valley are adjacent to the eastern boundary of the proposed AVA. The
northern boundary follows the Benton-Lane County line and a series of
creeks to separate the proposed AVA from the flatter, lower elevations
of the Willamette Valley. The eastern boundary of the proposed AVA
primarily follows the 360-foot elevation contour to separate the
rolling hills of the proposed AVA from the flatter river valley lands.
The southern boundary follows a series of section lines to separate the
proposed AVA from Fern Ridge Lake, which marks the southern limit of
the portion of the Long Tom River referred to as the Lower Long Tom.
The western boundary follows the 1,000-foot elevation contour to
separate the proposed AVA from the higher, steeper elevations of the
Coast Range.
Distinguishing Features
The distinguishing features of the proposed Lower Long Tom AVA are
its topography, soils, and climate.
Topography
The topography of the proposed Lower Long Tom AVA is characterized
by chains of rolling hills separated by west-east trending valleys that
were cut by the tributaries of the Long Tom River. According to the
petition, the ridges of the hills rise to approximately 1,000 feet in
the western portion of the proposed AVA and descend to approximately
550 feet before dropping to the Willamette Valley floor, which is to
the north and east of the proposed AVA. The majority of vineyards
within the proposed AVA are planted at elevations between 450 and 650
feet. The steepest slope angles are about 45 percent, with the average
slope angle being about 20 percent.
As previously stated, the high, rugged elevations of the Coast
Range are to the west of the proposed AVA. To the north of the proposed
AVA, the elevations descend to the floor of the Willamette Valley. To
the immediate east of the proposed AVA is the lower, flatter valley of
the Long Tom River. Farther east is the Willamette Valley floor. To the
south of the proposed AVA are lower hills, the watershed of the upper
Long Tom River, and Fern Ridge Lake.
Soils
The most common soils within the proposed Lower Long Tom AVA are
Bellpine and Bellpine/Jory complex. Loess soils, which are common
elsewhere in the Willamette Valley AVA, are not present in the proposed
AVA. Bellpine soil is the most common soil in the Lane County portion
of the proposed AVA. It is derived from decomposed sedimentary marine
uplift over a sandstone or siltstone substrate and is described as a
well-drained soil with a depth of 20-36 inches. According to the
petition, the low water-holding capacity of Bellpine soils creates
stress on the vines that fosters ripening of the fruit. The relatively
shallow depth of the soil also forces roots deep into the substrate for
nutrients and water. The petition states that when grapevine roots come
into contact with the substrate, the nutrients and minerals in the
substrate influence the tannin structure and ageability of the wines
produced from those grapes. Moving north into the Benton County portion
of the proposed AVA, the soils transition to the Bellpine/Jory complex.
This soil combines sedimentary and volcanic components and has a
slightly greater water-holding capacity and slightly greater depth than
Bellpine soil. Other minor soils found throughout the proposed Lower
Long Tom AVA include Dupee, Nekia, Willakenzie, and Hazelair soils.
To the north of the proposed AVA, the soils are predominately Jory
soils. These soils are derived from volcanic sources and are deeper and
more fertile than Bellpine or Bellpine/Jory complex soils. Jory soils
also have a greater water-holding capacity than either of the primary
soil types of the proposed Lower Long Tom AVA. To the east of the
proposed AVA, the soils are described as deep alluvial river bottom
soils with higher fertility levels and greater water-holding capacity
than the soils of the proposed AVA. According to the petition, the
higher fertility of alluvial soils can promote excessive vegetation
growth in grapevines. The region to the south of the proposed AVA
contains mostly Bellpine soils, like the proposed AVA, but without the
Bellpine/Jory complex. To the west of the proposed AVA, the predominate
soils are of the Witzel and Ritner series, which are both derived from
[[Page 67477]]
decomposed igneous rocks and contain varying amounts of rocks and
cobbles.
Climate
According to the petition, the proposed Lower Long Tom AVA's
location east of the highest peaks of the Coast Range shields the
proposed AVA from the marine air moving inland from the Pacific Ocean.
The petition states that the high peaks, in particular Prairie
Mountain, which rises over 3,000 feet, divert the cool marine air
flowing inland from the Pacific Ocean away from the proposed AVA and
into the regions to the north and south. Because the proposed AVA is
sheltered from the marine air, nocturnal temperatures are warmer than
they are in more exposed regions to the north and south of the proposed
AVA. The petition states that Pinot Noir grapes are the most commonly
grown grape varietal in the proposed AVA. Further, the petition claims
that when grown in the proposed AVA, Pinot Noir grapes have a deeper
color, an intensive berry flavor, and earthy notes that are not as
pronounced in Pinot Noir grapes grown in the cooler surrounding regions
outside of the proposed AVA.
The petition did not include temperature data from within the
proposed AVA to support these claims. However, it did include data
relating to harvest dates of Pinot Noir from vineyards within the
proposed AVA and vineyards to the north and south. Harvest date
information was not included for the regions to the east and west of
the proposed AVA. The following tables summarize the harvest date
information.
Table 1--Harvest Dates of Pinot Noir
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Harvest year
Vineyard (direction from ------------------------------------------------------------------------------------------------------- 5-year average
proposed AVA) 2012 2013 2014 2015 2016
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Union School Vineyard Oct. 2............. Sept. 19........... Sept. 15........... Sept. 13.......... Sept. 9........... Sept. 20.
(within).
High Pass Vineyard (within).. Oct. 6............. Oct. 4............. Sept. 23........... Sept. 18.......... Sept. 16.......... Sept. 26.
Walnut Ridge Vineyard Oct. 8............. Oct. 3............. Sept. 28........... Sept. 14.......... Sept. 12.......... Sept. 25.
(within).
Benton Lane Vineyard (within) Oct. 7............. Sept. 16........... Sept. 10........... Sept. 1........... Sept. 1........... Sept. 18.
Pfeiffer Vineyard (within)... Oct. 2............. Sept. 16........... Sept. 16........... Sept. 4........... Sept. 2........... Sept. 17.
King Estate Vineyard (south). Oct. 8............. Oct. 4............. Sept. 23........... Sept. 23.......... Sept. 17.......... Sept. 28.
Lavell Vineyards (south)..... Oct. 9............. Sept. 20........... Sept. 22........... Sept. 25.......... Sept. 14.......... Sept. 27.
Croft Vineyard (north)....... Oct. 14............ Oct. 4............. Sept. 20........... Sept. 24.......... Sept. 19.......... Oct. 2.
Elton Vineyard (north)....... Oct. 4............. Sept. 27........... Sept. 23........... Sept. 15.......... Sept. 19.......... Sept. 25.
Willamette Valley Estate Oct. 10............ Oct. 10............ Oct. 5............. Sept. 25.......... Sept. 21.......... Oct. 1.
Vineyard (north).
Chapleton Hills Vineyard Oct. 11............ Oct. 10............ Sept. 20........... Sept. 26.......... Oct. 2............ Oct. 1.
(north).
Broadley Vineyards (north)... Oct. 9............. Sept. 19........... Sept. 16........... Sept. 9........... Sept. 13.......... Sept. 24.
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Table 2--Average Harvest Dates of Pinot Noir by Region
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Region Method 1 average \10\ Method 2 average \11\
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Proposed AVA.......................... Sept. 22...................... Sept. 20.
North................................. Sept. 28...................... Sept. 28.
South................................. Sept. 27...................... Sept. 26.
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The five-year average harvest dates for the vineyard locations
within the proposed Lower Long Tom AVA are earlier than the five-year
average harvest dates for vineyards to the south of the proposed AVA.
When comparing the five-year average harvest dates within the proposed
AVA to the five-year average harvest dates north of the proposed AVA,
two vineyard locations to the north have earlier harvest dates than one
of the vineyards within the proposed AVA. However, when comparing the
average harvest dates by region, the average harvest date within the
proposed AVA is earlier than the average harvest date for the regions
to the north and south, regardless of the method used to calculate the
average harvest date. The harvest date data supports the petitioner's
claim that growing season temperatures within the proposed AVA are
generally warmer than the more marine-influenced temperatures of the
regions to the north and south, and that such temperature variations
lead harvests for Pinot Noir grapes grown within the proposed AVA to
occur earlier than harvests for the same grape varietal grown within
regions to the north and south of the proposed AVA.
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\10\ According to the petition, Method 1 involved finding the
halfway point between the earliest and latest harvest date for each
region.
\11\ According to the petition, Method 2 involved calculating
the sum of positive deviations from the earliest harvest date
divided by the number of locations and added to the earliest date.
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Summary of Distinguishing Features
In summary, the topography, soils, and climate of the proposed
Lower Long Tom AVA distinguish it from the surrounding regions. Within
the proposed AVA, the topography consists of east-west trending valleys
cut by tributaries of the Long Tom River and chains of rolling hills
that are sheltered from the marine air that moves inland from the
Pacific Ocean. The predominate soil series within the proposed AVA are
Bellpine or Bellpine/Jory complex, which are described as thin soils
derived from sedimentary marine uplift and marine uplift mixed with
volcanic material. The soils have a low water-holding capacity. The
proposed AVA has a warm growing season climate, as suggested by the
early harvest dates for Pinot Noir.
The region to the north of the proposed AVA is characterized by the
low, flat Willamette Valley floor. Soils are predominately of the Jory
series, which are deep soils derived from volcanic sources. The soils
have a greater water-holding capacity than the soils of the proposed
AVA. Average harvest dates for vineyards in this region are later than
harvest dates in the proposed AVA, suggesting a cooler growing season
climate.
To the immediate east of the proposed AVA is the flat valley of the
Long Tom
[[Page 67478]]
River, while the valley of the Willamette River is farther to the east.
Soils to the east of the proposed AVA are predominately deep alluvial
soils with higher water-holding capacities. To the west of the proposed
AVA are the high, rugged elevations of the Coast Range, including
Prairie Mountain, which divert the cold marine air away from the
proposed AVA. Soils are mostly of the Witzel and Ritner series.
To the south of the proposed AVA are the lower hills of the
watershed of the upper Long Tom River, as well as Fern Ridge Lake.
Because elevations to the south of the proposed AVA are lower, marine
air is able to reach this area. As a result, the growing season climate
is cooler and annual harvest dates are later than within the proposed
AVA. Soils in this region are mostly Bellpine, similar to the soils of
the proposed AVA, but without the Bellpine/Jory complex.
Comparison of the Proposed Lower Long Tom 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. Most elevations
within the AVA 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 Lower Long Tom AVA is located in the northwestern
portion of the Willamette Valley AVA and shares some broad
characteristics with the established AVA. For example, Bellpine soil,
which is the most common soil in the proposed AVA, is a silty clay
loam. Elevations within the proposed AVA are also generally below 1,000
feet.
However, the proposed Lower Long Tom AVA is described as a chain of
hills, compared to the broad, treeless plain that comprises most of the
Willamette Valley AVA. Additionally, the proposed AVA's location east
of Prairie Mountain creates a unique microclimate. Prairie Mountain
diverts the cold marine air to the north and south of the proposed AVA,
giving the proposed AVA an earlier average harvest date and warmer
growing season temperatures than the less-sheltered regions of the
Willamette Valley AVA.
TTB Determination
TTB concludes that the petition to establish the approximately
25,000-acre Lower Long Tom 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
Lower Long Tom 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, 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, ``Lower Long Tom,''
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 ``Lower Long Tom'' 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 ``Long Tom,'' standing alone, as a term of
viticultural significance if the proposed AVA is established because
the term ``Long Tom'' is used to refer to the entire region along the
Long Tom River and not just the lower portion of the river where the
proposed AVA is located. Accordingly, the proposed part 9 regulatory
text set forth in this document specifies only the full name ``Lower
Long Tom'' as a term of viticultural significance for purposes of part
4 of the TTB regulations.
The approval of the proposed Lower Long Tom AVA would not affect
any existing AVA, and it establishment would not affect any bottlers
using ``Willamette Valley'' as an appellation of origin or in a brand
name for wines made from grapes grown within the Lower Long Tom AVA.
The establishment of the proposed Lower Long Tom AVA would allow
vintners to use ``Lower Long Tom'' and ``Willamette Valley'' as
appellations of origin for wines made from grapes grown within the
proposed Lower Long Tom 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 Lower Long Tom AVA. TTB is
also interested in receiving comments on the sufficiency and accuracy
of the name, boundary, soils, climate, topography, and other required
information submitted in support of the petition. In addition, given
the proposed Lower Long Tom 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 Lower Long Tom 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 Lower Long Tom AVA on wine labels that include the term
``Lower Long Tom'' 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 67479]]
conflicts, for example, by adopting a modified or different name for
the proposed AVA.
Submitting Comments
You may submit comments on this document by using one of the
following methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this document within Docket No. TTB-
2020-0012 as posted on ``Regulations.gov,'' the Federal e-rulemaking
portal, at https://www.regulations.gov. A direct link to that docket is
available under Notice No. 197 on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking. 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.
Please submit your comments by the closing date shown above in this
document. Your comments must reference Notice No. 197 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 document, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2020-0012 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/notices-of-proposed-rulemaking under Notice No.197.
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 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 a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this notice of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.___ to read as follows:
Sec. 9.___ Lower Long Tom.
(a) Name. The name of the viticultural area described in this
section is ``Lower Long Tom''. For purposes of part 4 of this chapter,
``Lower Long Tom'' is a term of viticultural significance.
(b) Approved maps. The four United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Lower Long Tom viticultural area are titled:
(1) Cheshire, Oregon, 1984;
(2) Horton, Oregon, 1984;
(3) Glenbrook, Oregon, 1984; and
(4) Monroe, Oregon, 1991.
(c) Boundary. The Lower Long Tom viticultural area is located in
Benton and Lane Counties, in Oregon. The boundary of the Lower Long Tom
viticultural area is as described below:
(1) The beginning point is on the Cheshire map at the intersection
of Franklin Road and the 360-foot elevation contour in Section 43,
T16S/R5W. From the beginning point, proceed west on Franklin Road to
its intersection with Territorial Road (known locally as Territorial
Highway); then
(2) Proceed southwesterly along Territorial Highway to its
intersection with an unnamed, unimproved road north of Butler Road in
Section 44, T16S/R5W; then
(3) Proceed west in a straight line to the western boundary of
Section 29, T16S/R5W; then
(4) Proceed north along the western boundary of Section 29 to the
southern boundary of Section 57, T16S/R5W; then
(5) Proceed northwest in a straight line to the right angle in the
western
[[Page 67480]]
boundary of Section 57, T16S/R5W; then
(6) Proceed west in a straight line, crossing through Sections 58
and 38, to the intersection of Sections 23, 24, 25, and 26, T16S/R6W;
then
(7) Proceed north along the western boundary of Section 24 to the
first intersection with the 800-foot elevation contour; then
(8) Proceed northerly, then northwesterly along the 800-foot
elevation contour, crossing onto the Horton map, to the intersection of
the 800-foot elevation contour and an unnamed, unimproved road with a
marked 782-foot elevation point in Section 10, T16S/R6W; then
(9) Proceed west in a straight line to the 1,000-foot elevation
contour; then
(10) Proceed northerly along the 1,000-foot elevation contour,
crossing onto the Glenbrook map, to the elevation contour's third
intersection with the Lane-Benton County line in Section 10, T15S/R6W;
then
(11) Proceed east along the Lane-Benton County line, crossing onto
the Monroe map, to the R6W/R5W range line; then
(12) Proceed north along the R6W/R5W range line to its intersection
with Cherry Creek Road; then
(13) Proceed northeasterly along Cherry Creek Road to its
intersection with Shafer Creek along the T14S/T15S township line; then
(14) Proceed northeasterly along Shafer Creek to its intersection
with the 300-foot elevation contour; then
(15) Proceed easterly along the 300-foot elevation contour,
crossing Territorial Highway, to the intersection of the elevation
contour with the marked old railroad grade in Section 33/T14S/R5W; then
(16) Proceed south along the old railroad grade to its intersection
with the southern boundary of Section 9, T15S/R5W; then
(17) Proceed west along the southern boundary of Section 9 to its
intersection with Territorial Highway; then
(18) Proceed south along Territorial Highway to its intersection
with the 360-foot elevation contour in Section 16; T15S/R5W; then
(19) Proceed southwesterly along the 360-foot elevation contour,
crossing Ferguson Creek, and continuing generally southeasterly along
the elevation contour, crossing onto the Cheshire map and crossing over
Owens Creek and Jones Creek, to the point where the elevation contour
crosses Bear Creek and turns north in Section 52; T16S/R5W; then
(20) Continue northeasterly along the 360-foot elevation contour to
the point where it turns south in the town of Cheshire; then
(21) Continue south along the 360-foot elevation contour and return
to the beginning point.
Signed:
Mary G. Ryan,
Administrator.
Approved:
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2020-22603 Filed 10-22-20; 8:45 am]
BILLING CODE 4810-31-P