[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Rules and Regulations]
[Pages 62478-62481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23979]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2020-0012; T.D. TTB-175; Ref: Notice No. 197]
RIN 1513-AC64


Establishment of the Lower Long Tom Viticultural Area

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

ACTION: Final rule; Treasury decision.

-----------------------------------------------------------------------

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes 
the approximately 25,000-acre ``Lower Long Tom'' viticultural area in 
portions of Lane and Benton Counties, Oregon. The

[[Page 62479]]

viticultural area is located 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.

DATES: This final rule is effective December 10, 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.
    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.

Lower Long Tom Petition

    TTB received a petition from Dieter Boehm, owner of High Pass 
Vineyard and Winery, proposing the establishment of the ``Lower Long 
Tom'' AVA. The proposed AVA is located in portions of Lane and Benton 
Counties, Oregon, and lies entirely within the established Willamette 
Valley AVA (27 CFR 9.90) and does not overlap any other existing or 
proposed AVA. Within the approximately 25,000-acre proposed AVA, there 
are 22 commercial vineyards which cover a total of approximately 492 
acres, as well as 10 wineries. The distinguishing features of the 
proposed Lower Long Tom AVA are its topography, soils, and climate.
    The proposed Lower Long Tom AVA takes its name from the Long Tom 
River, which runs along the eastern boundary of the proposed AVA. The 
proposed AVA is located along the ``lower,'' or downstream, portion of 
the river, between Fern Ridge Lake and the Willamette River. The 
topography of the proposed 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. Elevations range from approximately 
1,000 feet along ridgelines on the western edge of the proposed AVA 
boundary to approximately 550 feet before dropping to the Willamette 
Valley floor. The steepest slope angles are about 45 percent, with the 
average slope angle being about 20 percent. To the west of the proposed 
Lower Long Tom AVA are the high, rugged elevations of the Coast Range, 
which rise to over 3,000 feet. East of the proposed AVA are the lower, 
flatter elevations of the Willamette Valley floor. South of the 
proposed AVA are Fern Ridge Lake, the watershed of the upper Long Tom 
River, and a series of hills with lower elevations than are found in 
the proposed AVA. To the north of the proposed AVA, the elevations 
descend to the floor of the Willamette Valley.
    The most common soils in the proposed AVA are Bellpine and 
Bellpine/Jory complex. Bellpine soil is derived from decomposed 
sedimentary marine uplift over a sandstone or siltstone substrate. 
These soils are relatively shallow and well-drained. The Bellpine/Jory 
complex combines sedimentary and volcanic components and has a slightly 
greater depth and water-holding capacity than the Bellpine soils. Soils 
north of the proposed Lower Long Tom River AVA are primarily Jory 
soils. To the east of the proposed AVA, soils are described as deep 
alluvial river bottom soils. South of the proposed AVA, the soils are 
mostly Bellpine, as are found in the proposed AVA, but without the 
Bellpine/Jory complex. The predominate soils west of the proposed AVA 
are from the Witzel and Ritner series, which are both derived from 
decomposed igneous and contain varying amounts of rocks and cobbles.
    Prairie Mountain, a tall mountain in the Coast Range due west of 
the proposed AVA, blocks cool Pacific air from entering the proposed 
Lower Long Tom AVA. Instead, the marine air flows into the regions to 
the north and south

[[Page 62480]]

of the proposed AVA. As a result, growing season temperatures within 
the proposed AVA are generally warmer than in regions that are more 
exposed to the cool marine air. From 2012 to 2016, the average harvest 
date for Pinot Noir grapes within the proposed AVA ranged from 
September 17 to September 26. By contrast, the regions to the north and 
south of the proposed AVA, which are more exposed to cool marine air, 
generally have later harvest dates. From 2012 to 2016, the average 
harvest date for Pinot Noir grapes grown in the region north of the 
proposed AVA ranged from September 24 to October 2, while harvest dates 
to the south ranged from September 27 to September 28.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 197 in the Federal Register on October 23, 
2020 (85 FR 67475), proposing to establish the Lower Long Tom 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. 
197.
    In Notice No. 197, 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 
Willamette Valley AVA, 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 AVA. 
TTB also requested comments on whether the geographic features of the 
proposed AVA are so distinguishable from the established Willamette 
Valley AVA that the proposed AVA should no longer be part of the 
established AVA. The comment period closed December 22, 2020.
    In response to Notice No. 197, TTB received one comment. The 
comment did not specifically support or oppose the proposed AVA. The 
comment stated that, although many agricultural lands provide necessary 
food crops for the community, wine grapes are not a necessity. The 
comment then expressed concern as to ``who will bear the cost of 
preparing this land,'' and ``how this project will be funded.'' 
Finally, the comment wondered if there were any other uses for the land 
that would ``better serve the community'' than growing wine grapes, and 
how the establishment of the AVA may ``impact businesses and projects 
outside of alcohol producers.''
    In response, TTB notes that establishment of an AVA for use on a 
wine label is simply intended to provide consumers with more 
information about the wine they purchase, including where the grapes 
used to make the wine were grown. The establishment of an AVA 
recognizes the existing natural features of a particular region (such 
as the climate, soil, topography, or geology) and how they differ from 
the natural features of the surrounding areas, and that wine grapes 
grown in that region face a different set of growing conditions than 
grapes grown elsewhere.
    Further, TTB's establishment of an AVA only addresses the use of 
AVA names on labels, and does not convey any rules regarding land use 
within an AVA. Establishing an AVA does not require that the land in 
the AVA be used for any additional grape growing, require the land to 
be used only for grape growing, or require the land be prepared, 
modified, or used in any way. Also, TTB's establishment of an AVA does 
not require or provide funding for any projects within an AVA.

TTB Determination

    After careful review of the petition and the comment received in 
response to Notice No. 197, TTB finds that the evidence provided by the 
petitioner supports the establishment of the Lower Long Tom AVA. 
Accordingly, TTB establishes the ``Lower Long Tom'' AVA in portions of 
Lane and Benton Counties, Oregon, effective 30 days from the 
publication date of this document.
    TTB has also determined that the Lower Long Tom AVA will remain 
part of the established Willamette Valley AVA. As discussed in Notice 
No. 197, the Lower Long Tom AVA shares some broad characteristics with 
the established AVA. For example, the Lower Long Tom AVA and the 
Willamette Valley AVA are generally under 1,000 feet. Additionally, 
both areas contain mostly silty and clay loam soils. However, the Lower 
Long Tom AVA does have some features that differentiate it from the 
Willamette Valley AVA. For instance, a chain of hills comprises most of 
the Lower Long Tom AVA, whereas a broad, treeless plain covers most of 
the Willamette Valley AVA. Additionally, because much of the cool 
marine air is diverted away from the AVA, growing season temperatures 
are generally warmer and harvest dates are generally earlier within the 
Lower Long Tom AVA than within other less-sheltered regions of the 
Willamette Valley.

Boundary Description

    See the narrative description of the boundary of the Lower Long Tom 
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 Lower Long Tom AVA boundary may also 
be viewed 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.
    With the establishment of the Lower Long Tom 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 regulations 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, 
will have to ensure that the product is eligible to use the AVA name as 
an appellation of origin.
    The establishment of the Lower Long Tom AVA will not affect the 
existing Willamette Valley 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 will not be affected by 
the establishment of this

[[Page 62481]]

new AVA. The establishment of the Lower Long Tom AVA will allow 
vintners to use ``Lower Long Tom'' and ``Willamette Valley'' as 
appellations of origin for wines made primarily from grapes grown 
within the Lower Long Tom 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.

The Regulatory Amendment

    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

0
2. Subpart C is amended by adding Sec.  9.281 to read as follows:


Sec.  9.281  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 as follows:
    (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 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: August 24, 2021.
Mary G. Ryan,
Administrator.
    Approved: September 24, 2021.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2021-23979 Filed 11-9-21; 8:45 am]
BILLING CODE 4810-31-P