[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Rules and Regulations]
[Pages 34952-34954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14047]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2020-0011; T.D. TTB-170; Ref: Notice No. 196]
RIN 1513-AC63


Establishment of the Goose Gap Viticultural Area

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

ACTION: Final rule; Treasury decision.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes 
the approximately 8,129-acre ``Goose Gap'' viticultural area in Benton 
County, Washington. The viticultural area is located entirely within 
the existing Yakima Valley and Columbia Valley viticultural areas. 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.

DATES: This final rule is effective August 2, 2021.

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 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 to TTB of petitions 
for the establishment or modification of American viticultural areas 
(AVAs) and lists the approved AVAs.

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9 
of the regulations, and a name and a delineated boundary, as 
established in part 9 of the regulations. These designations allow 
vintners and consumers to attribute a given quality, reputation, or 
other characteristic of a wine made from grapes grown in an area to the 
wine's geographic origin. The establishment of AVAs allows vintners to 
describe more accurately the origin of their wines to consumers and 
helps consumers to identify wines they may purchase. Establishment of 
an AVA is neither an approval nor an endorsement by TTB of the wine 
produced in that area.

Requirements

    Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2)) 
outlines the procedure for proposing an AVA and provides that any 
interested party may petition TTB to establish a grape-growing region 
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes 
standards for petitions for the establishment or modification of AVAs. 
Petitions to establish an AVA must include the following:
     Evidence that the area within the proposed AVA boundary is 
nationally or locally known by the AVA name specified in the petition;
     An explanation of the basis for defining the boundary of 
the proposed AVA;
     A narrative description of the features of the proposed 
AVA affecting viticulture, such as climate, geology, soils, physical 
features, and elevation, that make the proposed AVA distinctive and 
distinguish it from adjacent areas outside the proposed AVA boundary;
     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;
     The appropriate United States Geological Survey (USGS) 
map(s) showing the location of the proposed AVA, with the boundary of 
the proposed AVA clearly drawn thereon; and
     A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

Goose Gap Petition

    TTB received a petition from Alan Busacca, on behalf of the Goose 
Gap Wine Grower's Association, proposing to establish the ``Goose Gap'' 
AVA. The proposed AVA is located in Benton County, Washington, and lies 
entirely within the established Yakima Valley (27 CFR 9.69) and 
Columbia Valley (27

[[Page 34953]]

CFR 9.74) AVAs and does not overlap any other existing or proposed AVA. 
Within the approximately 8,129-acre proposed AVA, there are 2 
commercial vineyards which cover a total of more than 1,800 acres, as 
well as 1 winery. The distinguishing features of the proposed Goose Gap 
AVA are its geology and soils.
    According to the petition, the proposed AVA is part of a series of 
folded hills and valleys collectively known as the Yakima Fold Belt, 
which runs from the Beezely Hills in the north to the Horse Heaven 
Hills in the south. The proposed Goose Gap AVA is comprised of two 
geographic features with similar viticultural conditions: Goose Gap and 
the adjoining Goose Hill. Goose Gap and Goose Hill together form part 
of a single folded and faulted block of the Columbia River Basalt. 
Goose Gap is formed from a syncline, a down-folded arch in the bedrock 
that creates a saddle-like shape, whereas Goose Hill is formed from an 
anticline, an arch-like structure of basalt that bends upwards to form 
a ridge and slopes. Goose Gap and Goose Hill both have an east-west 
orientation, south and southwest slopes that are too steep for 
planting, and plantable north and northeast slopes. By contrast, the 
petition states that all of the ridges and hills in the region 
surrounding the proposed AVA have a northwest-southeast orientation, 
plantable south and southwest slopes, and north and northeast slopes 
that are too steep for vineyards. Because vineyards in the proposed 
Goose Gap AVA are planted on north-and northeast-facing slopes, they 
receive less solar radiation than nearby vineyards planted on south- 
and southwest-facing slopes. As a result, grapes grown in the proposed 
AVA typically ripen later than the same varietals grown in the 
neighboring Red Mountain AVA (27 CFR 9.167), which is to the northwest 
of the proposed AVA.
    Five main soil series comprise almost 95 percent of the soils in 
the proposed Goose Gap AVA: Warden, Shano, Kiona, Hezel, and Prosser. 
The Warden series soils, which make up 65 percent of the proposed AVA, 
consist of wind-blown loess over layered or stratified silts and fine 
sands, and have rooting depths of six feet or more with no hardpans or 
other root-restrictive layers. Shano soils constitute seven percent of 
the proposed AVA and are also formed from wind-blown loess and are deep 
soils with low levels of organic material. Kiona soils comprise 9 
percent of the proposed AVA and are formed in loess and rubble from 
fractured basalt. Hezel soils make up seven percent of the proposed AVA 
and are made of windblown sand over stratified silts and sands. 
Finally, Prosser soils comprise five percent of the proposed AVA and 
derive from loess mixed with flood sediments. Prosser soils are 
generally shallow and overlay fractured basalt bedrock. In comparison, 
Warden soils are less common in the established Red Mountain AVA to the 
northwest of the proposed AVA, the Horse Heaven Hills AVA (27 CFR 
9.188) to the southwest of the proposed AVA, and in the established 
Yakima Valley AVA that encompasses the proposed AVA. Additionally, 
Scooteney soils comprise almost 11 percent of soils in the established 
Red Mountain AVA, and Ritzville soils comprise almost 30 percent of the 
soils in the established Horse Heaven Hills AVA, yet both soil series 
are completely absent from the proposed Goose Gap AVA.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 196 in the Federal Register on October 23, 
2020 (85 FR 67469), proposing to establish the Goose Gap AVA. In the 
notice, TTB summarized the evidence from the petition regarding the 
name, boundary, and distinguishing features for the proposed AVA. The 
notice also compared the distinguishing features of the proposed AVA to 
the surrounding areas. For a detailed description of the evidence 
relating to the name, boundary, and distinguishing features of the 
proposed AVA, and for a detailed comparison of the distinguishing 
features of the proposed AVA to the surrounding areas, see Notice No. 
196.
    In Notice No. 196, TTB solicited comments on the accuracy of the 
name, boundary, and other required information submitted in support of 
the petition. In addition, given the proposed AVA's location within the 
Columbia Valley and Yakima Valley AVAs, TTB solicited comments on 
whether the evidence submitted in the petition regarding the 
distinguishing features of the proposed AVA sufficiently differentiates 
it from the established AVAs. TTB also requested comments on whether 
the geographic features of the proposed AVA are so distinguishable from 
the Columbia Valley and Yakima Valley AVAs that the proposed Goose Gap 
AVA should no longer be part of these established AVAs. The comment 
period closed December 22, 2020.
    In response to Notice No. 196, TTB received one comment. The 
comment, from a local vineyard owner, supported the proposed Goose Gap 
AVA. TTB did not receive any comments regarding the location of the 
proposed AVA within the established Columbia Valley and Yakima Valley 
AVAs.

TTB Determination

    After careful review of the petition and the comments received in 
response to Notice No. 196, TTB finds that the evidence provided by the 
petitioner supports the establishment of the Goose Gap AVA. 
Accordingly, under the authority of the FAA Act, section 1111(d) of the 
Homeland Security Act of 2002, and parts 4 and 9 of the TTB 
regulations, TTB establishes the ``Goose Gap'' AVA in Benton County, 
Washington, effective 30 days from the publication date of this 
document.
    TTB has also determined that the Goose Gap AVA will remain part of 
the established Columbia Valley AVA. As discussed in Notice No. 196, 
the Goose Gap AVA shares some broad characteristics with the 
established AVA. For example, elevations within the Goose Gap AVA and 
the Columbia Valley AVA are generally below 2,000 feet. However, the 
Goose Gap AVA does have some features that differentiate it from the 
Columbia Valley AVA. For instance, the Goose Gap AVA encompasses a 
single folded and faulted block of Columbia River basalt, characterized 
by the Goose Gap syncline and the adjoining Goose Hill anticline. The 
Columbia Valley AVA, by contrast, consists of multiple ridges, hills, 
and valleys within a single broad basin.
    Finally, TTB has also determined that the Goose Gap AVA will remain 
part of the established Yakima Valley AVA. The two AVAs share soils 
that are a combination of glacial-flood and windborne soils, including 
the Warden soil series, and rest on Columbia River basalt. However, the 
Goose Gap AVA is unique among the hills of the Yakima Valley AVA in 
that it has an east-west alignment and plantable north and northeast 
slopes. Additionally, a major soil series of the Yakima Valley AVA is 
the Scooteney-Starbuck soil association. However, within the Goose Gap 
AVA, Scooteney soils are absent, and Starbuck soils comprise less than 
2 percent of the soils.

Boundary Description

    See the narrative description of the boundary of the Goose Gap AVA 
in the regulatory text published at the end of this final rule.

Maps

    The petitioners provided the required maps, and they are listed 
below in the regulatory text. The Goose Gap AVA boundary may also be 
viewed on the AVA Map Explorer on the TTB website,

[[Page 34954]]

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, 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 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 27 CFR 4.39(i)(2) for details.
    With the establishment of the Goose Gap AVA, its name, ``Goose 
Gap,'' 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 regulations clarifies this point. Consequently, wine bottlers 
using the name ``Goose Gap'' in a brand name, including a trademark, or 
in another label reference as to the origin of the wine, will have to 
ensure that the product is eligible to use the AVA name as an 
appellation of origin.
    The establishment of the Goose Gap AVA will not affect the existing 
Columbia Valley or Yakima Valley AVAs, and any bottlers using 
``Columbia Valley'' or ``Yakima Valley'' as an appellation of origin or 
in a brand name for wines made from grapes grown within the Columbia 
Valley or Yakima Valley AVAs will not be affected by the establishment 
of this new AVA. The establishment of the Goose Gap AVA will allow 
vintners to use ``Goose Gap'', ``Yakima Valley,'' and ``Columbia 
Valley'' as appellations of origin for wines made primarily from grapes 
grown within the Goose Gap AVA if the wines meet the eligibility 
requirements for the appellation.

Regulatory Flexibility Act

    TTB certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. The 
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 final 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 final rule.

List of Subjects in 27 CFR Part 9

    Wine.

    For the reasons discussed in the preamble, TTB amends 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 AREAS

0
2. Subpart C is amended by adding Sec.  9.277 to read as follows:


Sec.  9.277  Goose Gap.

    (a) Name. The name of the viticultural area described in this 
section is ``Goose Gap''. For purposes of part 4 of this chapter, 
``Goose Gap'' is a term of viticultural significance.
    (b) Approved maps. The 4 United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Goose Gap viticultural area are titled:
    (1) Benton City, WA, 2017;
    (2) Richland, WA, 2017;
    (3) Badger Mountain, WA, 2017; and
    (4) Webber Canyon, WA, 2017.
    (c) Boundary. The Goose Gap viticultural area is located in Benton 
County, Washington. The boundary of the Goose Gap viticultural area is 
as described in paragraphs (c)(1) through (12) of this section:
    (1) The beginning point is on the Benton City map at the 
intersection of Sections 10, 11, 15, and 14, T9N/R27E. From the 
beginning point, proceed southwesterly in a straight line for 
approximately 250 feet to the 700-foot elevation contour in Section 15, 
T9N/R27E; then
    (2) Proceed southwesterly along the 700-ft elevation contour to its 
westernmost point in Section 15, T9N/R27E; then
    (3) Proceed southwesterly in a straight line to intersection of the 
700-foot elevation contour and an unnamed intermittent stream in 
Section 16, T9N/R27E; then
    (4) Proceed southwesterly along the unnamed intermittent stream to 
its intersection with the 600-foot elevation contour in Section 20, 
T9N/R27E; then
    (5) Proceed south, then southwesterly along the 600-foot elevation 
contour, crossing onto the Webber Canyon map, for a total of 
approximately 3 miles to the intersection of the 600-foot elevation 
contour and the western boundary of Section 27, T9N/R27E; then
    (6) Proceed south along the western boundary of Section 27 to its 
intersection with the railroad tracks; then
    (7) Proceed southeasterly along the railroad tracks, crossing onto 
the Badger Mountain map, and continuing along the railroad tracks for a 
total of approximately 3 miles to the intersection of the railroad 
tracks with Dallas Road in Section 36, T9N/R27E; then
    (8) Proceed east, then north along Dallas Road for approximately 2 
miles to its intersection with Interstate 182 in Section 20, T9N/R28E; 
then
    (9) Proceed west along Interstate 182 and onto the ramp to 
Interstate 82, and continue northwesterly along Interstate 82, crossing 
over the southwestern corner of the Richland map and onto the Benton 
City map, to the intersection of Interstate 82 and an intermittent 
stream in Section 13, T9N/R27E; then
    (10) Proceed northwesterly along the intermittent stream to its 
intersection with E. Kennedy Road NE in Section 13, T9N/R27E; then
    (11) Proceed north in a straight line to the northern boundary of 
Section 13, T9N/R27E; then
    (12) Proceed westerly along the northern boundaries of Sections 13 
and 14, returning to the beginning point.

    Signed: June 21, 2021.
Mary G. Ryan,
Administrator.
    Approved: June 21, 2021.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2021-14047 Filed 6-30-21; 8:45 am]
BILLING CODE 4810-31-P