[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Proposed Rules]
[Pages 37260-37265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15054]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2021-0006; Notice No. 203]
RIN: 1513-AC83


Proposed Establishment of the Rocky Reach 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 50-square mile ``Rocky Reach'' American viticultural area 
(AVA) in portions of Chelan and Douglas Counties, Washington. The 
proposed AVA is located entirely within the existing Columbia Valley 
AVA. 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 these 
proposals.

DATES: TTB must receive your comments on or before September 13, 2021.

ADDRESSES: You may electronically submit comments to TTB on this 
proposal using the comment form for this document as posted within 
Docket No. TTB-2021-0006 on the Regulations.gov website at https://www.regulations.gov. Within that docket, you also may view copies of 
this document, its supporting materials, and any comments TTB receives 
on this proposal. 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. 203. Alternatively, you may submit comments via postal 
mail to the Director, Regulations and Ruling Division, Alcohol and 
Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 
20005. Please see the Public Participation section below for further 
information on the comments requested regarding this proposal and on 
the submission, confidentiality, and public disclosure of comments.

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 of petitions for the 
establishment or modification of

[[Page 37261]]

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 its 
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 that affect 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;
     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.

Petition To Establish the Rocky Reach AVA

    TTB received a petition from Dr. Kevin Pogue, a professor of 
geology at Whitman College, proposing to establish the ``Rocky Reach'' 
AVA. Dr. Pogue submitted the petition on behalf of local vineyard 
owners and winemakers. The proposed AVA is located in Chelan and 
Douglas Counties, Washington, and is entirely within the existing 
Columbia Valley AVA (27 CFR 9.74). The petition notes that, although 
the proposed AVA covers 50 square miles, the Columbia River and the 
Rocky Reach Reservoir constitute approximately 24 percent of the total 
area. Within the proposed AVA, there are 7 commercial vineyards which 
cover a total of 117 acres. The distinguishing features of the proposed 
Rocky Reach AVA are its topography, geology, soils, and climate.

Proposed Rocky Reach AVA

Name Evidence

    The proposed Rocky Reach AVA takes its name from the Rocky Reach 
Dam and the Rocky Reach Reservoir (also known as Lake Entiat), both of 
which are within the proposed AVA. Steamboat captains first applied the 
name ``Rocky Reach'' to the region in the late 1800's, to describe the 
rapids within a stretch, or ``reach,'' of the Columbia River. The 
petition included other examples of current use of the name ``Rocky 
Reach'' to describe the region of the proposed AVA. For example, the 
Rocky Reach Trail is a recreational trail within the proposed AVA, and 
the Rocky Reach Discovery Center provides educational and informational 
exhibits to visitors in the region. Rocky Reach Estates is a 
residential development within the proposed AVA. Finally, a local 
newspaper article refers to a 2018 wildfire in the region of the 
proposed AVA as the ``Rocky Reach Fire.''

Boundary Evidence

    The proposed Rocky Reach AVA is located along both sides of the 
Columbia River and the Rocky Reach Reservoir in the western portion of 
the established Columbia Valley AVA. The proposed eastern and western 
boundaries are parallel to the Columbia River and follow elevation 
contours that approximate the extent of the river terraces. The 
northern boundary approximates the southernmost extent of the 
Cordilleran ice sheet during the last ice age glaciation, beyond which 
the geology and soils change. The southern boundary approximates the 
southern limit of exposures of metamorphic bedrock along the Columbia 
River and is also near the northern limit of urbanization associated 
with the cities of Wenatchee and East Wenatchee.

Distinguishing Features

    According to the petition, the distinguishing features of the 
proposed Rocky Reach AVA are its topography, geology, soils, and 
climate.
Topography
    The proposed Rocky Reach AVA is located along a stretch of the 
Columbia River where the river has eroded a deep canyon between the 
foothills of the Cascade Range to the west and the Waterville Plateau 
and Badger Mountain to the east. Flat-topped terraces are located near 
the floor of the canyon and low along the canyon sides. Elevations 
within the proposed AVA are below 1,600 feet. According to the 
petition, the level terraces within the proposed AVA have long been 
used for agricultural purposes, including viticulture, due to the ease 
of farming on the nearly-level ground.
    West of the proposed AVA, elevations rise rapidly to over 3,000 
feet, and the terrain is rugged and mountainous. To the east of the 
proposed AVA, elevations are also higher, rising to an average of 2,500 
feet on the Waterville Plateau. According to the petition, the terrain 
is also much steeper to the east of the proposed AVA. To the north of 
the proposed AVA, within the established Lake Chelan AVA (27 CFR 
9.215), glaciers eroded a deep and broad glacial trough that is now 
filled by Lake Chelan. South of the proposed AVA, the valley of the 
Columbia River abruptly widens where the bedrock changes from hard, 
erosion-resistant metamorphic rocks to much softer sedimentary rocks.
Geology
    According to the petition, 95 percent of the surface bedrock within 
the established Columbia Valley AVA consists of Cenozoic volcanic and 
sedimentary rock, predominantly Miocene Columbia River basalt, which is 
silica-poor and iron-rich. However, within the proposed Rocky Reach 
AVA, Columbia River erosion has removed the basalt and carved a deep 
valley into the underlying Mesozoic crystalline basement rocks. 
According to the petition, the region north of the proposed AVA, 
specifically the established Lake Chelan AVA, is the only other region 
within the Columbia River AVA that has this crystalline basement 
bedrock. These rocks consist primarily of metamorphosed

[[Page 37262]]

sedimentary and igneous rocks that are silica-rich and dominated by 
minerals like quartz and mica that are not found in the regions to the 
east, south, and west of the proposed AVA, which have basalt bedrock. 
As a result, grapevine roots that reach the bedrock of the proposed AVA 
come into contact with a chemical environment that is distinct from 
that associated with basalt bedrock.
Soils
    The petition states the soils of the proposed AVA formed from wind-
deposited sand and silt overlying cobblestone gravel, and sand 
deposited by ice-age floods. The soils are typically clay-poor and 
well- to excessively-well drained. The thickness of the sand and silt 
is generally greater on the higher terraces within the proposed AVA, as 
their greater age has allowed more time for soils to be deposited. Most 
of the vineyards in the proposed AVA are on the lower terraces, where 
the soils are very coarse-grained and consist largely of cobblestones 
deposited by glacial floods and outwash. According to the petition, the 
stony surfaces of the lower terraces warm quickly, and the hot stones 
radiate heat to the vines and promote faster and more complete 
ripening. The coarser soils also more efficiently transmit water to 
deeper soil horizons, which encourages vines planted in those soils to 
have deeper roots than vines planted in silty or sandy soils. Finally, 
the petition notes that vineyards in the stony soils do not require the 
use of cover crops since erosion is not an issue due to the coarse 
texture.
    To the north of the proposed AVA, the soils of the glaciated 
valleys formed from glacial till, which is sediment deposited directly 
by melting glacial ice. The soils also contain volcanic ash and pumice, 
which are uncommon within the proposed Rocky Reach AVA. Loess and sand 
dominate the soils in the regions of the Columbia Valley AVA that are 
to the south and east of the proposed AVA. These soils are finer than 
the coarse-grained sands of the proposed AVA and contain a basalt 
substratum that is lacking in soils within the proposed AVA. The 
petition did not include soil information for the region west of the 
proposed AVA.
Climate
    The proposed Rocky Reach AVA is located at low elevations within 
the deep valley of the Columbia River. According to the petition, the 
low elevations allow the proposed AVA to have a warmer and longer 
growing season than the higher elevations of the surrounding mountains 
and plateaus. The petition included information on the average 
temperature, extreme minimum and maximum temperatures, average maximum 
and minimum temperatures, and average soil temperatures from two 
locations within the proposed AVA, two locations north of the proposed 
AVA, and one location to the east of the proposed AVA. The data from 
within and to the north of the proposed AVA was collected from 2015-
2017, while data from the region to the east was only available for 
2017. Temperature data was not provided for the regions to the west or 
south of the proposed AVA.

                                                     Table 1--Temperatures in Degrees Fahrenheit (F)
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                                                                              Average         Average         Extreme         Extreme
      Weather station (direction from proposed AVA)           Average         minimum         maximum         minimum         maximum      Average soil
                                                            temperature     temperature    temperatures     temperature     temperature     temperature
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                                                                          2015
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Boyd District (north)...................................            62.8            50.8            75.6            31.3           105.4            68.1
Chelan South (north)....................................            66.1            56.1            77.3            34.6           104.6            68.5
Brays Landing (within)..................................            64.7            51.5            77.9            32.2           107.4            69.6
Orondo (within).........................................            67.4            54.9            81.3            34.4           108.9            71.2
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                                                                          2016
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Boyd District (north)...................................            60.8              49              73            30.2            96.7            66.8
Chelan South (north)....................................            64.2            54.3            75.1            34.1           100.1            65.7
Brays Landing (within)..................................              63            50.2            75.5            29.2           100.4            67.3
Orondo (within).........................................            65.7            53.7            78.6              35             103              69
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                                                                          2017
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Boyd District (north)...................................            60.3            48.2            73.3            29.9             100            66.1
Chelan South (north)....................................            63.6            53.5              75            34.1           101.3            65.6
Brays Landing (within)..................................            62.4            49.1            75.8            29.7           102.5            66.7
Orondo (within).........................................            64.9            52.7            78.3            32.5           103.5            68.9
Waterville North (east).................................            57.8            47.8            68.1            28.7            95.2            62.5
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    The data indicates that the proposed Rocky Reach AVA generally has 
warmer average annual temperatures than the regions to the north, as 
well as higher maximum temperatures. Although the data suggests that 
the region to the east of the proposed AVA is cooler than the proposed 
AVA, the data is only from one year. Therefore, TTB is unable to 
determine if temperature does in fact distinguish the proposed AVA from 
the region to the east.

Summary of Distinguishing Features

    The following table summarizes the characteristics of the proposed 
Rocky Reach AVA and the surrounding regions.

[[Page 37263]]



                                   Table 2--Summary of Distinguishing Features
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         Location               Topography              Geology                Soils               Climate
----------------------------------------------------------------------------------------------------------------
Proposed Rocky Reach AVA.  Canyon floor of the   Mesozoic crystalline  Wind-deposited sand   Warmer average
                            Columbia River,       basement bedrock      and silt over         annual
                            with flat-topped      that is high in       cobblestone gravel    temperatures than
                            terraces and          silica, mica, and     and sand deposited    the regions to the
                            elevations below      quartz.               by ice-age floods;    north, as well as
                            1,600 feet.                                 clay-poor; well- to   higher maximum
                                                                        excessively well-     temperatures.
                                                                        drained.
North....................  Deep, broad glacial   Mesozoic crystalline  Soils formed from     Cooler
                            trough.               basement bedrock      glacial till;         temperatures.
                                                  that is high in       contains volcanic
                                                  silica, mica, and     ash and pumice.
                                                  quartz.
East.....................  Waterville Plateau    Cenozoic volcanic     Loess and sand; fine- Insufficient data
                            with elevations of    and sedimentary       grained, and          to determine if
                            an average of 2,500   rock that is silica-  contains a basalt     climate is
                            feet and steep        poor and high in      substratum that is    distinguishable
                            slopes.               iron.                 lacking in soils      for this region.
                                                                        within the proposed
                                                                        AVA.
South....................  Valley of the         Cenozoic volcanic     Loess and sand; fine- Not provided.
                            Columbia River        and sedimentary       grained, and
                            widens abruptly.      rock that is silica-  contains a basalt
                                                  poor and high in      substratum that is
                                                  iron.                 lacking in soils
                                                                        within the proposed
                                                                        AVA.
West.....................  Rugged mountains      Cenozoic volcanic     Not provided........  Not provided.
                            with elevations       and sedimentary
                            over 3,000 feet.      rock that is silica-
                                                  poor and high in
                                                  iron.
----------------------------------------------------------------------------------------------------------------

Comparison of the Proposed Rocky Reach AVA to the Existing Columbia 
Valley AVA

    The Columbia Valley AVA was established by T.D. ATF-190, which 
published in the Federal Register on November 13, 1984 (49 FR 44895). 
T.D. ATF-190 describes the Columbia Valley AVA as a large, treeless 
basin surrounding the Yakima, Snake, and Columbia Rivers. Growing 
season lengths within the Columbia Valley AVA are over 150 days, and 
annual precipitation amounts are less than 15 inches. Elevations within 
the Columbia Valley AVA are below 2,000 feet.
    The proposed Rocky Reach AVA shares some of the general 
viticultural features of the larger Columbia Valley AVA. For instance, 
elevations within the proposed AVA are below 2,000 feet, and much of 
the proposed AVA is relatively flat. The petition also states that the 
proposed AVA also has a growing season longer than 150 days. However, 
the proposed AVA also has characteristics that distinguish it from the 
larger Columbia Valley AVA. For example, the proposed AVA lacks the 
basalt bedrock and loess-based soils that define most of the Columbia 
Valley AVA. Additionally, although the terrain within the proposed AVA 
is relatively flat, it is within a deep canyon of the Columbia River, 
rather than on a broad plain.

TTB Determination

    TTB concludes that the petition to establish the 50-square mile 
``Rocky Reach'' AVA merits consideration and public comment, as invited 
in this document.

Boundary Description

    See the narrative boundary descriptions of the petitioned-for AVA 
in the proposed regulatory text published at the end of this document.

Maps

    The petitioner provided the required maps, and they are listed 
below in the proposed regulatory text. You may also view the proposed 
Rocky Reach 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, 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.
    If TTB establishes this proposed AVA, its name, ``Rocky Reach,'' 
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 ``Rocky Reach'' 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. 
The approval of the proposed Rocky Reach AVA would not affect any 
existing AVA, and any bottlers using ``Columbia Valley'' as an 
appellation of origin, or in a brand name, for wines made from grapes 
grown within the Rocky Reach AVA would not be affected by the 
establishment of this new AVA. If approved, the establishment of the 
proposed Rocky Reach AVA would allow vintners to use ``Rocky Reach'' or 
``Columbia Valley'' as appellations of origin for wines made from 
grapes grown within the proposed Rocky Reach 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 TTB should establish the proposed Rocky Reach AVA. TTB is 
interested in receiving comments on the sufficiency and accuracy of the 
name, boundary, topography, geology, soils, and climate, and other 
required information submitted in support of the AVA petition. In 
addition, because the proposed Rocky Reach AVA would be within the 
existing Columbia Valley AVA, TTB is interested in comments on

[[Page 37264]]

whether the evidence submitted in the petition regarding the 
distinguishing features of the proposed AVA sufficiently differentiates 
it from the existing Columbia Valley AVA. TTB is also interested in 
comments on whether the geographic features of the proposed Rocky Reach 
AVA are so distinguishable from the Columbia Valley AVA that the 
proposed AVA should not be part of the established AVA. Please provide 
any available specific information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Rocky Reach AVA on wine labels that include the term ``Rocky 
Reach'' 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 area names 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 proposed AVA.

Submitting Comments

    You may submit comments on this proposal as an individual or on 
behalf of a business or other organization via the Regulations.gov 
website or via postal mail, as described in the ADDRESSES section of 
this document. Your comment must reference Notice No. 203 and must be 
submitted or postmarked by the closing date shown in the DATES section 
of this document. You may upload or include attachments with your 
comment. You also may submit a comment requesting a public hearing on 
this proposal. The TTB Administrator reserves the right to determine 
whether to hold a public hearing.

Confidentiality and Disclosure of Comments

    All submitted comments and attachments are part of the rulemaking 
record and are subject to public disclosure. Do not enclose any 
material in your comments that you consider confidential or that is 
inappropriate for disclosure.
    TTB will post, and you may view, copies of this document, the 
related petition, supporting materials, and any comments TTB receives 
about this proposal within the related Regulations.gov docket. In 
general, TTB will post comments as submitted, and it will not redact 
any identifying or contact information from the body of a comment or 
attachment.
    Please contact TTB's Regulations and Rulings division by email 
using the web form available at https://www.ttb.gov/contact-rrd, or by 
telephone at 202-453-2265, if you have any questions regarding comments 
on this proposal or to request copies of this document, its supporting 
materials, or the comments received.

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 document.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, we propose 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.__  Rocky Reach.

    (a) Name. The name of the viticultural area described in this 
section is ``Rocky Reach''. For purposes of part 4 of this chapter, 
``Rocky Reach'' is a term of viticultural significance.
    (b) Approved maps. The 8 United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
viticultural area are titled:
    (1) Ardenvoir, WA, 2003;
    (2) Chelan, WA, 2004;
    (3) Entiat, WA, 2003;
    (4) Orondo, WA, 2003;
    (5) Rocky Reach Dam, WA, 2003;
    (6) Waterville, WA, 2014;
    (7) Wenatchee, WA, 2003; and
    (8) Winesap, WA, 2004.
    (c) Boundary. The Rocky Reach viticultural area is located in 
Chelan and Douglas Counties in Washington. The boundary of the Rocky 
Reach viticultural area is as described in paragraphs (c)(1) through 
(13) of this section:
    (1) The beginning point is on the Wenatchee map at the intersection 
of the 1,200-foot elevation contour and the western boundary of section 
15, T23N/R20E. From the beginning point, proceed northeast along the 
1,200-foot elevation contour, crossing over the Rocky Reach Dam map and 
onto the northwest corner of the Orondo map; then
    (2) Continue northeasterly, then southwesterly along the 1,200-foot 
elevation contour, crossing back onto the Rocky Reach Dam map and 
continuing southwesterly along the 1,200-foot elevation contour to its 
intersection with the unnamed creek flowing from Spencer Lake; then
    (3) Proceed northeasterly along the 1,200-foot elevation contour, 
crossing over the unnamed creek and continuing across the southeastern 
corner of the Ardenvoir map and onto the Entiat map; then
    (4) Continue northeasterly then westerly along the 1,200-foot 
elevation contour, crossing back onto the Ardenvoir map, and continuing 
along the elevation contour to its intersection with the R20E/R21E 
boundary, which is concurrent with the western boundary of section 18, 
T25N/R21E; then
    (5) Proceed north along the R20E/R21E boundary, crossing over the 
Entiat River and the Entiat Ditch, to the intersection of the range 
boundary and the 1,200-foot elevation contour; then
    (6) Proceed easterly along the 1,200-foot elevation contour, 
crossing onto the Winesap map, and continuing northeasterly along the 
1,200-foot elevation contour to its intersection with the boundary 
between sections 11 and 12, T26N/R21E; then
    (7) Proceed north along the boundary between sections 11 and 12 for 
approximately 300 feet to its intersection with the 1,400-foot 
elevation contour; then

[[Page 37265]]

    (8) Proceed northeast, then south, then easterly along the 1,400-
foot elevation contour, crossing Knapp Coulee and onto the Chelan map, 
and continuing east along the 1,400-foot elevation contour to its 
intersection with the northern boundary of section 1, T26N/R22E; then
    (9) Proceed south-southeasterly in a straight line, crossing the 
Columbia River, to the intersection of the 1,600-foot elevation contour 
and the R22E/R23E boundary; then
    (10) Proceed generally westerly along the 1,600-foot elevation 
contour, crossing over the southeastern corner of the Winesap map and 
onto the Entiat map, and continuing southwesterly along the 1,600-foot 
elevation contour to its intersection with an unnamed stream in section 
35, T26N/R21E; then
    (11) Proceed westerly (downstream) along the unnamed stream for 
0.45 mile to its intersection with the 1,200-foot elevation contour; 
then
    (12) Proceed southerly along the 1,200-foot elevation contour, 
crossing over the Orondo map and onto the Wenatchee map to the 
intersection of the elevation contour with the southern boundary of 
section 14, T23N/R20E; then
    (13) Proceed west-northwest in a straight line for 1.47 miles, 
crossing the Columbia River, 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. 2021-15054 Filed 7-14-21; 8:45 am]
BILLING CODE 4810-31-P