80_FR_19972 80 FR 19901 - Proposed Establishment of the Lewis-Clark Valley Viticultural Area and Realignment of the Columbia Valley Viticultural Area

80 FR 19901 - Proposed Establishment of the Lewis-Clark Valley Viticultural Area and Realignment of the Columbia Valley Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 80, Issue 71 (April 14, 2015)

Page Range19901-19908
FR Document2015-08501

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the approximately 306,650-acre ``Lewis-Clark Valley'' viticultural area in portions of Nez Perce, Lewis, Clearwater and Latah Counties in Idaho and Asotin, Garfield, and Whitman Counties in Washington. TTB also proposes to modify the boundary of the existing Columbia Valley viticultural area to eliminate a potential overlap with the proposed Lewis-Clark Valley viticultural area. The proposed boundary modifications would decrease the size of the approximately 11,370,320-acre Columbia Valley viticultural area by approximately 57,020 acres. 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.

Federal Register, Volume 80 Issue 71 (Tuesday, April 14, 2015)
[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Proposed Rules]
[Pages 19901-19908]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08501]



[[Page 19901]]

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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2015-0005; Notice No. 149]
RIN 1513-AC14


Proposed Establishment of the Lewis-Clark Valley Viticultural 
Area and Realignment of the Columbia Valley 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 306,650-acre ``Lewis-Clark Valley'' 
viticultural area in portions of Nez Perce, Lewis, Clearwater and Latah 
Counties in Idaho and Asotin, Garfield, and Whitman Counties in 
Washington. TTB also proposes to modify the boundary of the existing 
Columbia Valley viticultural area to eliminate a potential overlap with 
the proposed Lewis-Clark Valley viticultural area. The proposed 
boundary modifications would decrease the size of the approximately 
11,370,320-acre Columbia Valley viticultural area by approximately 
57,020 acres. 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 June 15, 2015.

ADDRESSES: Please send your comments on this proposal to one of the 
following addresses:
     http://www.regulations.gov (via the online comment form 
for this document as posted within Docket No. TTB-2015-0005 at 
``Regulations.gov,'' the Federal e-rulemaking portal);
     U.S. mail: Director, Regulations and Rulings Division, 
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, 
Washington, DC 20005; or
     Hand delivery/courier in lieu of mail: Alcohol and Tobacco 
Tax and Trade Bureau, 1310 G Street NW., Suite 200E, Washington, DC 
20005.
    See the Public Participation section of this document for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing or view or obtain copies 
of the petition and supporting materials.

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 Department Order 120-01 (Revised), dated 
December 10, 2013, to the TTB Administrator to perform the functions 
and duties in the administration and enforcement of this law.
    Part 4 of the TTB regulations (27 CFR part 4) authorizes the 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 the 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 
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;
     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.
    Petitions to modify the boundary of an existing AVA which would 
result in a decrease in the size of an existing AVA must include the 
following:
     An explanation of the extent to which the current AVA name 
does not apply to the excluded area;
     An explanation of how the distinguishing features of the 
excluded area are different from those within the boundary of the 
smaller AVA; and
     An explanation of how the boundary of the existing AVA was 
incorrectly or incompletely defined or is no longer accurate due to new 
evidence or changed circumstances.

Petition To Establish the Lewis-Clark Valley AVA and To Modify the 
Boundary of the Columbia Valley AVA

    TTB received a petition from Dr. Alan Busacca, a licensed geologist 
and founder of Vinitas Consultants, LLC, on behalf of the Palouse-Lewis 
Clark Valley Wine Alliance and the Clearwater Economic Development 
Association. The petition proposed to establish the ``Lewis-Clark 
Valley'' AVA and to modify the boundary of the existing ``Columbia 
Valley'' AVA (27 CFR 9.74).

[[Page 19902]]

The proposed Lewis-Clark Valley AVA is located at the confluence of the 
Snake River and the Clearwater River and covers portions of Nez Perce, 
Lewis, Clearwater, and Latah Counties in northern Idaho and Asotin, 
Garfield, and Whitman Counties in southeastern Washington.
    The proposed Lewis-Clark Valley AVA contains approximately 306,650 
acres and has 3 bonded wineries, as well as 16 vineyards containing 
more than 81 acres of grapes distributed across the proposed AVA. 
According to the petition, an additional 50 acres of grapes are 
expected to be planted in the next few years. The distinguishing 
features of the proposed viticultural area include its climate, 
topography, native vegetation, and soils. Unless otherwise noted, all 
information and data contained in the sections below are from the 
petition to establish the proposed Lewis-Clark Valley AVA and to modify 
the established Columbia Valley AVA.
    A small portion of the proposed Lewis-Clark Valley AVA overlaps the 
southeastern corner of the established Columbia Valley AVA. The 
proposed Lewis-Clark Valley AVA does not overlap any other established 
AVA. To eliminate the potential overlap, the petitioner proposed to 
modify the boundary of the Columbia Valley AVA so that the overlapping 
area would be solely within the proposed Lewis-Clark Valley AVA. The 
proposed modifications would reduce the size of the approximately 
11,370,320-acre Columbia Valley AVA boundary by approximately 57,020 
acres. One vineyard, Arnett Vineyard, currently exists within the area 
of the proposed boundary modification. The vineyard owners have 
provided TTB with a letter supporting the establishment of the proposed 
Lewis-Clark Valley AVA and the proposed modification of the Columbia 
Valley AVA boundary.

Proposed Lewis-Clark Valley AVA

Name Evidence

    The proposed Lewis-Clark Valley AVA derives its name from the two 
principle towns within the proposed AVA: Lewiston, Idaho, and 
Clarkston, Washington. The two towns, which face each other across the 
Snake River, were named in honor of Meriwether Lewis and William Clark, 
who traveled through the region of the proposed AVA during their famous 
expedition of 1804-1806. The petition included examples of schools, 
businesses, and organizations within the proposed AVA that bear the 
names of Lewis and Clark, including Lewis-Clark State College, Lewis-
Clark Terminal at the Port of Clarkston, Lewis-Clark Moose Lodge 75, 
Lewis-Clark Metropolitan Appliance and TV Repair, Lewis-Clark Credit 
Union, Lewis-Clark Dental Clinic, and Lewis-Clark Auto Sales.
    The petition also included evidence that the region of the proposed 
AVA is known as the ``Lewis-Clark Valley.'' For example, the Wikipedia 
entry for ``Clarkston, Washington'' states that the town is located 
``in the Lewis-Clark Valley at the confluence of the Snake and 
Clearwater rivers.'' \1\ The Lewis Clark Valley Chamber of Commerce 
promotes tourism and economic development within the region of the 
proposed AVA. An organization called Valley Vision has as its mission 
the ``[c]ontinuous improvement of the Lewis-Clark Valley's business 
climate * * * .'' \2\ The Web site LC Today, which features news and 
activities in the Lewiston-Clarkston region, offers a listing of ``60 
Things To Do in the Lewis-Clark Valley.'' \3\ A Web site featuring real 
estate information for the region of the proposed AVA is called 
``Lewis-Clark Valley Homes.'' \4\ The telephone directory serving the 
region of the proposed AVA is called the ``Lewis-Clark Valley Telephone 
Directory.'' The Lewis-Clark Valley Metropolitan Planning Organization 
provides transportation project planning for the region. Finally, 
several organizations within the proposed AVA have the phrase ``Lewis-
Clark Valley'' in their names, including the Lewis-Clark Valley Baptist 
Church, Family Promise of Lewis-Clark Valley, the La Leche League of 
the Lewis-Clark Valley, and the Boys & Girls Club of the Lewis-Clark 
Valley.
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    \1\ http://en.wikipedia.org/wiki/Clarkston,_Washington.
    \2\ www.lewis-clarkvalley.org/about/our-mission.
    \3\ www.lctoday.com/tourism/valleyactivities.htm.
    \4\ www.lcvalleyhomes.com.
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Boundary Evidence

    The proposed Lewis-Clark Valley AVA consists mostly of canyon 
walls, low plateaus, and bench lands formed by the Snake and Clearwater 
Rivers. Approximately 98 percent of the proposed AVA's boundary follows 
the 600-meter elevation line, and all the land within the proposed AVA 
is below that elevation. The 600-meter elevation line was chosen 
because grapes do not reliably ripen annually above that elevation and, 
above that altitude, temperatures fall low enough to kill the varieties 
of Vitis vinifera (V. vinifera) grapes that are grown within the 
proposed AVA. TTB notes that the maps used to draw the proposed 
boundary show elevations in meters, and the petition describes the 
elevations within the proposed AVA and the surrounding regions in terms 
of feet. Six hundred meters corresponds to approximately 1,970 feet.
    The regions outside the proposed AVA generally have higher 
elevations and colder temperatures than the proposed AVA. To the north 
of the proposed AVA is the high prairie region known as the Palouse. 
The heavily forested Bitterroot Mountains are located to the east of 
the proposed AVA boundary. The proposed southern boundary separates the 
proposed AVA from the Craig Mountains and from Hells Gate State Park, 
which is not available for commercial viticulture due to its protected 
status as an Idaho State park. Additionally, the southern boundary was 
drawn to prevent the proposed AVA from extending into Oregon, which is 
less than 5 miles from the southernmost proposed AVA boundary but is 
not considered to be part of the geographical region known as the 
Lewis-Clark Valley. To the west and southwest of the proposed AVA are 
the Blue Mountains.

Distinguishing Features

    The distinguishing features of the proposed Lewis-Clark Valley AVA 
include its climate, topography, native vegetation, and soils.
Climate
    Temperature: According to the petition, the temperate climate of 
the proposed Lewis-Clark Valley AVA is well suited for growing wine 
grapes, especially varieties of V. vinifera. The warm temperatures of 
the proposed AVA have earned the region the nickname ``banana belt of 
the Pacific Northwest.'' The table below, derived from information 
submitted in support of the petition, compares the average annual 
temperature and growing degree days \5\ (GDDs) of the proposed Lewis-
Clark Valley AVA and the surrounding regions. The data from the two 
weather stations within the proposed AVA and from the Moscow, Idaho, 
weather station, approximately 32 miles north of Lewiston, Idaho, was 
gathered during the period from 2000 to 2009. The data for the 
Bitterroot, Craig, and Blue

[[Page 19903]]

Mountains consists of estimates calculated by the petitioner based on 
elevation, as there are no weather stations located within these 
regions.
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    \5\ As a measurement of heat accumulation during the grape-
growing season, one degree day accumulates for each degree 
Fahrenheit that a day's mean temperature is above 50 degrees, which 
is the minimum temperature required for grapevine growth. In the 
Winkler climate classification system, heat accumulation as measured 
in growing degree days (GDDs) per year defines climatic regions. 
Climatic region I has less than 2,500 GDDs per year; region II, 
2,501 to 3,000; region III, 3,001 to 3,500; region IV, 3,501 to 
4,000; and region V, 4,001 or more. See Albert J. Winkler, General 
Viticulture (Berkeley: University of California Press, 1974), 61-64.

------------------------------------------------------------------------
                                           Average
                                           annual       Average growing
  Location (direction from proposed      temperature       season GDD
                 AVA)                     (degrees        accumulation
                                         fahrenheit)
------------------------------------------------------------------------
Lewiston Nez Perce weather station               53.4              3,036
 (within)............................
Dworshak Fish Hatchery (within)......            51.6              2,613
Moscow, ID (north)...................            47.6              1,796
Bitterroot Mountains (east)..........              40        1,000-1,500
Craig Mountains (south)..............              45        1,500-1,700
Blue Mountains (west, southwest).....              42        1,000-1,500
------------------------------------------------------------------------

    According to the petition, the average annual temperatures and GDD 
accumulation that the proposed AVA experiences are within the range 
required for many varieties of wine grapes to ripen reliably, including 
Cabernet Franc, Cabernet Sauvignon, Grenache, Malbec, Pinot noir, 
Syrah, Pinot gris, Riesling, and Zinfandel, all of which are grown 
within the proposed AVA. By contrast, annual temperatures and GDD 
accumulations that the surrounding regions experience are too cold to 
support most viticulture, particularly varieties of V. vinifera, which 
require at least 2,000 GDDs to ripen successfully. As evidence, the 
petition notes that Washington State University in Pullman, located in 
the Palouse region approximately 30 miles northwest of Lewiston, 
Washington, has had a vigorous wine grape research program for the past 
12 years but has yet to succeed in propagating and maintaining research 
vineyards due to the cold temperatures.
    The petition also included the Cool-Climate Viticulture Suitability 
Index (CCVSI) statistics that were available from the two weather 
stations located within the proposed AVA and the station in Moscow, 
Idaho. The CCVSI is the number of days between the last spring 
temperature below 29 degrees Fahrenheit and the first fall temperature 
below 29 degrees Fahrenheit. Within the proposed AVA, the CCVSI for the 
Lewiston Nez Perce station was 234.2 and the CCVSI for the Dworshak 
Fish Hatchery was 225.2. By contrast, the CCVSI for the Moscow station 
was 159.5, which means the region north of the proposed AVA has a 
growing season that is approximately 2 months shorter than that of the 
proposed AVA. The significantly shorter growing season in the Palouse 
region does not allow sufficient time for wine grapes to ripen 
reliably, particularly the varieties of V. vinifera grown within the 
proposed AVA.
    Precipitation: The proposed Lewis-Clark Valley AVA receives less 
rainfall annually than the surrounding regions. The following table is 
derived from data submitted in support of the petition and compares the 
annual precipitation amounts within the proposed AVA to those of the 
surrounding areas. Precipitation data from the two weather stations 
within the proposed AVA and from the Moscow, Idaho, station was 
gathered during 2000 to 2009. The data for the Bitterroot, Craig, and 
Blue Mountains was calculated using the data mapping system of the 
PRISM Climate Group at Oregon State University.\6\
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    \6\ The Parameter-elevation Relationships on Independent Slopes 
Model (PRISM) climate data mapping system combined climate normals 
gathered from weather stations, along with other factors such as 
elevation, longitude, slope angles, and solar aspect to estimate the 
general climate patterns for the proposed AVA and the surrounding 
regions. Climate normals are only calculated every 10 years, using 
30 years of data, and at the time the petition was submitted, the 
most recent climate normals available were from the period of 1971-
2000.

------------------------------------------------------------------------
                                                              Annual
                                                           precipitation
         Location (direction from  proposed AVA)              amounts
                                                             (inches)
------------------------------------------------------------------------
Lewiston Nez Perce weather station (within).............            11.3
Dworshak Fish Hatchery (within).........................            22.7
Moscow, Idaho (north)...................................            25.1
Bitterroot Mountains (east).............................           40-70
Craig Mountains (south).................................           20-35
Blue Mountains (west, southwest)........................           25-50
------------------------------------------------------------------------

    The proposed AVA's location to the east of the Blue Mountains is 
the primary factor behind its low precipitation amounts. The Blue 
Mountains, which rise to elevations over 6,000 feet, intercept storms 
carried on the westerly jet stream and prevent them from entering the 
proposed AVA. Most of the annual precipitation within the proposed AVA 
occurs between November and May, and the region experiences a prolonged 
summer drought. One viticultural benefit of summer droughts is that 
grape growers do not have to be concerned about excessive water 
damaging the roots of the vines. Although growing season precipitation 
amounts are very small, the petition states that viticulture is able to 
thrive within the proposed AVA because the winter rains are sufficient 
to ``fill the soil profile,'' assuring adequate amounts of soil 
moisture necessary for bud break and fruit set early in the growing 
season. By mid-June, the soil is dry enough to induce mild water stress 
on the vines and slow the growth of canes and leaves, allowing the 
vines to put their energy into fruit production. Vineyard managers can 
then control the amount of water added to the soil via drip irrigation, 
ensuring that the vines receive enough water to survive but not so much 
as to promote overly vigorous cane or leaf growth or root rot.

Topography

    The topography of the proposed Lewis-Clark Valley AVA includes 
bench lands, low plateaus, and steeply sloping canyon walls. Although 
the proposed AVA is often referred to as a ``valley'' because its 
elevations are lower than those of the surrounding regions, the 
landscape has been cut into such steep and deep V-notched canyons by 
the Snake and Clearwater Rivers and their tributaries that almost none 
of the AVA consists of the broad floodplains typically associated with 
valley floors. According to the petition, the lack of floodplains 
within the proposed AVA is beneficial to viticulture because 
floodplains often have high water tables that limit vine root depth. 
Floodplains are also susceptible to cold-air pooling that can damage 
new growth and delay fruit maturation.
    Elevations within the proposed Lewis-Clark Valley AVA range from 
approximately 740 feet along the Snake and Clearwater Rivers to 
approximately 1,970 feet along most of the proposed AVA's boundary. The 
average elevation within the proposed AVA is 1,200 feet. According to a 
table included in the

[[Page 19904]]

petition, the vineyards within the proposed AVA are planted at 
elevations between 815 and 1,850 feet. The petition states that at 
elevations above approximately 1,970 feet, growing season temperatures 
are too cold to support reliable ripening of V. vinifera and winter 
freezes can be hard enough to kill dormant vines.
    The topography of the surrounding regions is different from that of 
the proposed Lewis-Clark Valley AVA. To the north, the Palouse is 
dominated by rounded, gently rolling hills and elevations ranging from 
approximately 1,000 feet to 2,800 feet, with an average elevation of 
2,200 feet. To the east, south, west, and southwest of the proposed AVA 
are high, rugged mountains cut by deep canyons. Elevations in the 
Bitterroot Mountains, east of the proposed AVA, range from 3,000 feet 
to 10,150 feet and average approximately 6,000 feet. To the south, the 
Craig Mountains range from 2,500 feet to over 5,100 feet and average 
approximately 3,000 feet. To the west and southwest, the Blue Mountains 
range from 2,500 feet to over 6,300 feet with an average elevation of 
approximately 4,000 feet.

Native Vegetation

    The native vegetation of the canyon walls, plateaus, terraces, and 
benches of the proposed Lewis-Clark Valley AVA consists of low shrubs 
and perennial grasses that have deep masses of fine roots. Although 
some portions of the eastern half of the proposed AVA are sparsely 
forested, the understory of the forested regions is covered with 
perennial grasses. The petition states that the decomposition of the 
grasses and their roots over the years has contributed to the formation 
of nutrient-rich soils within the proposed AVA that are high in the 
organic materials that promote healthy vine growth.
    Likewise, to the north of the proposed AVA, the native vegetation 
of the Palouse consists primarily of perennial grasses. However, most 
of the native vegetation of the Palouse was cleared in the late 19th 
and early 20th centuries for large-scale agricultural purposes, such as 
wheat production, which continue to this day. To the east, south, and 
west of the proposed AVA, the Bitterroot, Craig, and Blue Mountains are 
covered with conifer forests. The understories of these conifer forests 
are typically covered with pine needle litter instead of perennial 
grasses. The pine needle litter remains on the surface of the soil, 
unlike the root masses of perennial grasses. Therefore, the organic 
material released by the decaying pine needle litter does not mix as 
deeply into the soil as the material released by decaying grass roots. 
As a result, the soils of the mountainous regions are not as high in 
organic material and nutrients as the soils within the proposed AVA.

Soils

    There are approximately 88 different soil types within the proposed 
Lewis-Clark Valley AVA. However, approximately 95 percent of the soil 
types within the proposed AVA belong to the Mollisols soil order. Soils 
from this order are comprised primarily of decomposed perennial grasses 
and grass roots and contain a high level of organic matter in the form 
of humus. The humus accumulates within the soil, rather than just in a 
layer on top of the soil, due to the decomposition of the dense masses 
of grass roots. The high levels of organic matter in the soils provide 
an ample supply of nutrients for vineyards. Most of the cultivated 
Mollisols soils within the proposed AVA also contain loess, which is 
comprised of fine-grained particles of nutrient-rich silt that were 
deposited by wind.
    The soils within the proposed AVA are generally thin, having been 
eroded over the years by the Snake and Clearwater Rivers and their 
tributaries. As a result, the soils average less than 6 feet in depth 
before reaching a restrictive subsurface, such as bedrock. The 
shallowness of the soils limits the depths of roots and prevents overly 
vigorous cane and leaf development.
    According to the petition, the Mollisols soils within the proposed 
AVA have the highest available water holding capacity (AWC) of any 
known soil texture class. AWC is the ability of soil to store rainfall 
and irrigation water. The soils within the proposed AVA can store 
approximately 2.4 inches of water per foot of soil. In regions that 
receive high amounts of annual rainfall, soils with high AWC may not be 
suitable for viticulture because excessive amounts of stored water 
promote root rot, mildew, and fungal diseases. However, because the 
proposed AVA has very low annual rainfall amounts and receives most of 
its rainfall outside the growing season, the amount of water stored in 
the soil is not excessive and does not pose a risk to the health of the 
vines.
    The soils of the surrounding regions differ from those of the 
proposed Lewis-Clark Valley AVA. To the north, the soils of the Palouse 
are also loess-derived Mollisols, but the soils reach depths of up to 
12 feet, which is much deeper than the soil depth of the proposed AVA. 
In the mountainous regions to the east, south, west, and southwest of 
the proposed AVA, the soils also are deeper than within the proposed 
AVA. Even though the surrounding mountain slopes are steep, the soils 
have not eroded like the soils of the proposed AVA because the dense 
conifer forests have held much of the soil in place. Soils in the 
regions to the east, south, west, and southwest of the proposed AVA are 
mostly of the Andisols order and are derived from volcanic ash and 
other material produced by volcanic eruptions. Unlike the Mollisols of 
the proposed AVA, Andisols soils contain only small amounts of organic 
matter because the humus is derived from the decomposition of leaf 
litter resting on the soil's surface, rather than from masses of grass 
roots decomposing deep within the soil.

Summary of Distinguishing Features

    In summary, the climate, topography, native vegetation, and soils 
of the proposed Lewis-Clark Valley AVA distinguish it from the 
surrounding areas. In all directions outside the proposed AVA, the 
temperatures are cooler, the growing degree day accumulations are 
smaller, rainfall is higher, and the elevations are higher. The steep 
canyon walls, plateaus, and bench lands of the proposed AVA are 
different from the rounded, rolling hills of the Palouse region to the 
north and the rugged Bitterroot, Craig, and Blue Mountains that 
surround the proposed AVA to the east, south, and west. Perennial 
grasses and shrubs are the primary vegetation within the proposed AVA, 
whereas the majority of the native vegetation to the north of the 
proposed AVA has been cleared for agricultural purposes, and the 
regions to the east, south, and west are covered with coniferous 
forests. Finally, the soils of the proposed Lewis-Clark Valley AVA are 
thin, loess-derived Mollisols soils, which are shallower than the 
Mollisols soils of the Palouse region to the north and distinct from 
the volcanic Andisols soils found to the east, south, and west.

Proposed Modification of the Columbia Valley AVA

    As previously noted, the petitioner requested a modification of the 
boundary of the established Columbia Valley AVA. The Columbia Valley 
AVA is located in central and eastern Washington and northern Oregon. 
The proposed Lewis-Clark Valley AVA spans the Idaho-Washington border 
and, as proposed, would partially overlap the southeastern corner of 
the Columbia Valley AVA near the communities of Clarkston, Vineland, 
and Asotin, Washington. The proposed boundary modifications would 
reduce the size of

[[Page 19905]]

the Columbia Valley AVA by approximately 57,020 acres (approximately 
0.5 percent) and would eliminate the potential overlap between the 
proposed AVA and the existing AVA.
    If the boundary modification is approved, the area of the potential 
overlap would be included exclusively within the proposed Lewis-Clark 
Valley AVA. Wines produced primarily from grapes grown within the 
removed region would no longer be eligible for labeling with the 
``Columbia Valley'' appellation. There is currently one vineyard, 
Arnett Vineyard, within the region of the proposed boundary 
modification. The petition included a letter of support from the owners 
of that vineyard, stating their support for the proposed Columbia 
Valley AVA boundary modification and the establishment of the proposed 
Lewis-Clark Valley AVA.

Overview of the Columbia Valley AVA

    The 11,370,320-acre Columbia Valley AVA was established by T.D. 
ATF-190, which was published in the Federal Register on November 13, 
1984 (49 FR 44897), and codified at 27 CFR 9.74. The Columbia Valley 
AVA is a large, treeless basin surrounding the Columbia, Snake, and 
Yakima Rivers in Washington and Oregon. T.D. ATF-190 states that the 
Columbia Valley AVA has a growing season between 150 and 204 days and 
annual rainfall of less than 15 inches. The topography of the AVA is 
characterized by its broadly undulating hills cut by rivers and broken 
by sloping basaltic uplifts.
    T.D. ATF-190 made no comparisons of the Columbia Valley AVA to the 
area identified in this proposed rule as the Idaho portion of the 
proposed Lewis-Clark Valley AVA.

Comparison of Distinguishing Features Within the Proposed Realignment 
Area to the Columbia Valley AVA

    The region of the proposed boundary modification is located in the 
southeastern portion of the Columbia River Valley AVA, along the Snake 
River and near the towns of Clarkson, Vineland, and Asotin, Washington. 
The petition emphasizes that the region proposed to be removed from the 
Columbia Valley AVA (hereinafter referred to as the proposed 
realignment area) has topography and soils that are more similar to 
those of the proposed Lewis-Clark AVA than to those of the existing 
AVA.
    The topography of the proposed realignment area is consistent with 
that of the proposed Lewis-Clark Valley AVA. The average elevation of 
both the proposed realignment area and the proposed Lewis-Clark Valley 
AVA is 1,200 feet, which is higher than the Columbia Valley AVA's 
average elevation of 700 feet. The proposed realignment area, like the 
proposed Lewis-Clark Valley AVA, consists of steep, V-shaped canyons, 
low plateaus, and bench lands along the Snake River and its 
tributaries. By contrast, the majority of the Columbia Valley AVA is a 
broad basin with a gently rolling surface. The petition notes that the 
Columbia River Valley AVA contains rugged, canyon-like coulees and 
broad, flat-floored ``channeled scablands.'' However, the coulees and 
scablands were created by cataclysmic glacial floods from the ancient 
Lake Missoula, whereas the canyon of the proposed realignment area and 
the proposed AVA was carved over time by the flow of the Snake River. 
The coulees and scablands also are generally shallower and have broad, 
flat floors, as compared to the deep, steeply-sloped V-shaped canyons 
and narrow valley floors of the proposed realignment area and the 
proposed Lewis-Clark Valley AVA.
    The soils of the proposed realignment area also are different from 
the soils of the Columbia Valley AVA. Within the proposed realignment 
area, most of the soils are from the Mollisols order, as are the soils 
within the proposed Lewis-Clark Valley AVA. By contrast, approximately 
80 percent of Columbia Valley AVA soils are Aridisols and Entisols. 
Aridisols and Entisols soils generally contain less than 1 percent 
organic matter, compared to the humus-rich soils of the Mollisols 
order. Aridisols and Entisols soils also generally have lower water-
holding capacities due to their coarse or gravelly textures, whereas 
the loamy Mollisols soils of both the proposed realignment area and 
proposed AVA have greater water-holding capacities. Finally, Aridisols 
and Entisols soils are generally alkaline, compared to the slightly 
acidic Mollisols soils. Although the petition states that some 
Mollisols soils exist within the Columbia Valley AVA, they generally 
occur at high elevations that are too cold to support V. vinifera.
    In addition to the physical features that distinguish the proposed 
realignment area from the Columbia Valley AVA and unite it with the 
proposed Lewis-Clark Valley AVA, the petition included evidence that 
the proposed realignment area is strongly associated with the name 
``Lewis-Clark Valley,'' rather than the ``Columbia Valley'' name. For 
example, three of the businesses in the ``Name Evidence'' section of 
this proposed rule (the Lewis-Clark Terminal, Lewis-Clark Credit Union, 
and Lewis-Clark Dental Clinic) are located within the proposed 
realignment area. Additionally, all of the organizations listed in the 
``Name Evidence'' section serve residents of the proposed AVA as well 
as the proposed realignment area, further demonstrating that the 
proposed realignment area is strongly associated with the region known 
as the Lewis-Clark Valley.

TTB Determination

    TTB concludes that the petition to establish the approximately 
306,650-acre ``Lewis-Clark Valley'' American viticultural area and to 
concurrently modify the boundary of the existing Columbia Valley AVA 
merits consideration and public comment, as invited in this document.
    TTB is proposing the establishment of the new viticultural area and 
the modification of the existing AVA as one action. Accordingly, if TTB 
establishes the proposed Lewis-Clark Valley AVA, then the proposed 
boundary modification of the Columbia Valley AVA would be approved 
concurrently. If TTB does not establish the proposed Lewis-Clark Valley 
AVA, then the present Columbia Valley AVA boundary would not be 
modified as proposed in this document.

Boundary Description

    See the narrative description of the boundary of the petitioned-for 
AVA and the boundary modification of the established AVA in the 
proposed regulatory text published at the end of this document.

Maps

    The petitioner provided the required maps, and TTB lists them below 
in the proposed regulatory text.

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. If TTB establishes this proposed viticultural area, 
its name, ``Lewis-Clark Valley,'' would 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.
    If this proposed regulatory text is adopted as a final rule, wine 
bottlers using ``Lewis-Clark Valley'' 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's full 
name ``Lewis-Clark Valley'' as an appellation of origin. If approved, 
the establishment of the proposed Lewis-

[[Page 19906]]

Clark Valley AVA and the proposed modification of the Columbia Valley 
AVA boundary would allow vintners to use ``Lewis-Clark Valley'' as 
appellations of origin for wines made from grapes grown within the 
Lewis-Clark Valley AVA, if the wines meet the eligibility requirements 
for the appellation.

Use of ``Columbia Valley'' as an Appellation of Origin

    If the proposed Lewis-Clark Valley AVA and the corresponding 
modification of the Columbia Valley AVA boundary are approved, bottlers 
currently using ``Columbia Valley'' as an appellation of origin for 
wine produced primarily from grapes grown in the area removed from the 
Columbia Valley AVA would no longer be able to use ``Columbia Valley'' 
as an appellation of origin, but could use the term ``Lewis-Clark 
Valley'' in the brand name if otherwise eligible. See the ``Transition 
Period'' section of this document for more details.
    Bottlers currently using ``Columbia Valley'' as an appellation of 
origin or in a brand name for wine produced from grapes grown within 
the current, and if modified, Columbia Valley AVA would still be 
eligible to use the term as an appellation of origin or in a brand 
name.

Transition Period

    If the proposals to establish the Lewis-Clark Valley AVA and to 
modify the boundary of the Columbia Valley AVA are adopted as a final 
rule, a transition rule will apply to labels for wines produced from 
grapes grown in the area removed from the Columbia Valley AVA. A label 
containing the words ``Columbia Valley'' in the brand name or as an 
appellation of origin may be used on wine bottled within two years from 
the effective date of the final rule, provided that such label was 
approved prior to the effective date of the final rule and that the 
wine conforms to the standards for use of the label set forth in 27 CFR 
4.25 or 4.39(i) in effect prior to the final rule. At the end of this 
two-year transition period, if a wine is no longer eligible for 
labeling with the ``Columbia Valley'' AVA name (e.g., it is primarily 
produced from grapes grown in the area removed from the Columbia Valley 
AVA), then a label containing the words ``Columbia Valley'' in the 
brand name or as an appellation of origin would not be permitted on the 
bottle. TTB believes that the two-year period should provide affected 
label holders with adequate time to use up any existing labels. This 
transition period is described in the proposed regulatory text for the 
Columbia Valley AVA published at the end of this notice.
    TTB notes that wine eligible for labeling with the ``Columbia 
Valley'' AVA name under the proposed new boundary of the Columbia 
Valley AVA will not be affected by this two-year transition period. 
Furthermore, if TTB does not approve the proposed boundary 
modification, then all wine label holders currently eligible to use the 
``Columbia Valley'' AVA name would be allowed to continue to use their 
labels as originally approved.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether TTB should establish the proposed Lewis-Clark Valley AVA and 
concurrently modify the boundary of the established Columbia Valley 
AVA. TTB is interested in receiving comments on the sufficiency and 
accuracy of the name, boundary, climate, topography, soils, and other 
required information submitted in support of the Lewis-Clark Valley AVA 
petition. Please provide any available specific information in support 
of your comments.
    TTB also invites comments on the proposed modification of the 
existing Columbia Valley AVA. TTB is especially interested in comments 
on whether the evidence provided sufficiently differentiates the 
proposed realignment area from the existing Columbia Valley AVA. 
Comments should address the name usage, boundaries, climate, 
topography, soils, and any other pertinent information that supports or 
opposes the proposed boundary modification.
    Because of the potential impact of the establishment of the 
proposed Lewis-Clark Valley AVA on wine labels that include the term 
``Lewis-Clark Valley,'' 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 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 also is 
interested in receiving suggestions for ways to avoid conflicts, for 
example, by adopting a modified or different name for the AVA.

Submitting Comments

    You may submit comments on this proposal by using one of the 
following three methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this document within Docket No. TTB-
2015-0005 on ``Regulations.gov,'' the Federal e-rulemaking portal, at 
http://www.regulations.gov. A direct link to that docket is available 
under Notice No. 149 on the TTB Web site at  http://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be attached to comments 
submitted via Regulations.gov. For complete instructions on how to use 
Regulations.gov, visit the site and click on the ``Help'' tab 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.
     Hand Delivery/Courier: You may hand-carry your comments or 
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau, 
1310 G Street NW., Suite 200-E, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
document. Your comments must reference Notice No. 149 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. We do not acknowledge receipt of comments, and we consider 
all comments as originals.
    Your comment must clearly state if you are commenting on your own 
behalf or on behalf of an organization, business, or other entity. If 
you are commenting on behalf of an organization, business, or other 
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, please submit your 
entity's comment on letterhead.
    You also may 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

[[Page 19907]]

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-2015-0005 on the Federal e-
rulemaking portal, Regulations.gov, at http://www.regulations.gov. A 
direct link to that docket is available on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 149. You also 
may reach the relevant docket through the Regulations.gov search page 
at http://www.regulations.gov. For instructions on how to use 
Regulations.gov, visit the site and click on the ``Help'' tab at the 
top of the page.
    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 it considers unsuitable for posting.
    You also may view copies of this document, all related petitions, 
maps and other supporting materials, and any electronic or mailed 
comments we receive about this proposal by appointment at the TTB 
Information Resource Center, 1310 G Street NW., Washington, DC 20005. 
You also may obtain copies at 20 cents per 8.5- x 11-inch page. Please 
note that TTB is unable to provide copies of USGS maps or other 
similarly-sized documents that may be included as part of the AVA 
petition. Contact our information specialist at the above address or by 
telephone at 202-453-2270 to schedule an appointment or 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, it requires no regulatory assessment.

Drafting Information

    Karen A. Thornton of the Regulations and Rulings Division drafted 
this document.

List of Subjects in 27 CFR Part 9

    Wine.

    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. Amend Sec.  9.74 by revising paragraph (b) and paragraphs (c)(38) 
through (c)(40) and by adding paragraph (d) to read as follows:


Sec.  9.74  Columbia Valley.

* * * * *
    (b) Approved maps. The approved maps for determining the boundary 
of the Columbia Valley viticultural area are nine 1:250,000 scale 
U.S.G.S. maps and one 1:100,000 (metric) scale U.S.G.S. map. They are 
entitled:
    (1) Concrete, Washington, U.S.; British Columbia, Canada, edition 
of 1955, limited revision 1963;
    (2) Okanogan, Washington, edition of 1954, limited revision 1963;
    (3) Pendleton, Oregon, Washington, edition of 1954, revised 1973;
    (4) Pullman, Washington, Idaho, edition of 1953, revised 1974;
    (5) Clarkston, Washington, Idaho, Oregon, 1:100,000 (metric) scale, 
edition of 1981;
    (6) Ritzville, Washington, edition of 1953, limited revision 1965;
    (7) The Dales, Oregon, Washington, edition of 1953, revised 1971;
    (8) Walla Walla, Washington, Oregon, edition of 1953, limited 
revision 1963;
    (9) Wenatchee, Washington, edition of 1957, revised 1971; and
    (10) Yakima, Washington, edition of 1958, revised 1971.
    (c) * * *
    (38) Then south following the Washington-Idaho State boundary on 
the 1:100,000 (metric) scale Clarkston, Washington, Idaho, Oregon map 
to the 600-meter elevation contour along the eastern boundary of 
section 9, R. 46 E./T. 11 N.; and then generally west following the 
meandering 600-meter contour to the eastern boundary of section 17, R. 
45E./T. 11N.; then south following the eastern boundary of section 17 
to the southern boundary of section 17; and then west following the 
southern boundaries of sections 17 and 18 to the Asotin-Garfield county 
line in section 19, R. 45E./T. 11N.;
    (39) Then south following the Garfield-Asotin county line to the 
600-meter elevation contour; then following generally west and south in 
a counterclockwise direction along the meandering 600-meter elevation 
contour to Charley Creek in section 4, R. 44 E./T. 9 N.; and then west 
following Charley Creek on to the township line between R. 42 E. and R. 
43 E.;
    (40) Then north following the township line between R. 42 E. and R. 
43 E. on the 1:250,000 scale ``Pullman, Washington, Idaho'' map to 
Washington Highway 128 at Peola;
* * * * *
    (d) Transition period. A label containing the words ``Columbia 
Valley'' in the brand name or as an appellation of origin approved 
prior to [EFFECTIVE DATE OF THE FINAL RULE] may be used on wine bottled 
before [DATE 2 YEARS FROM EFFECTIVE DATE OF THE FINAL RULE] if the wine 
conforms to the standards for use of the label set forth in Sec.  4.25 
or Sec.  4.39(i) of this chapter in effect prior to [EFFECTIVE DATE OF 
THE FINAL RULE].
0
3. Add Sec.  9.___to read as follows:


Sec.  9.___  Lewis-Clark Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Lewis-Clark Valley''. For purposes of part 4 of this 
chapter, ``Lewis-Clark Valley'' is a term of viticultural significance.
    (b) Approved maps. The three United States Geographical Survey 
(USGS) 1:100,000 (metric) scale topographic maps used to determine the 
boundary of the Lewis-Clark Valley viticultural area are titled:
    (1) Clarkston, Wash.-Idaho-Oregon, 1981;
    (2) Orofino, Idaho-Washington, 1981; and
    (3) Potlatch, Idaho, 1981.
    (c) Boundary. The Lewis-Clark Valley viticultural area is located 
in Nez Perce, Lewis, Clearwater, and Latah Counties, Idaho, and Asotin, 
Garfield, and Whitman Counties, Washington. The boundary of the Lewis-
Clark Valley viticultural area is as follows:
    (1) The beginning point is located on the Clarkston map in 
Washington State along the Garfield-Asotin County line at the southwest 
corner of section 18, T11N/R45E. From the beginning point, proceed east 
along the southern

[[Page 19908]]

boundary line of section 18, crossing over the Snake River, and 
continue along the southern boundary line of section 17, T11N/R45E, to 
the southeast corner of section 17; then
    (2) Proceed north along the eastern boundary line of section 17 to 
the 600-meter elevation contour; then
    (3) Proceed generally east-northeast along the meandering 600-meter 
elevation contour, crossing into Idaho and onto the Orofino map, then 
continue to follow the elevation contour in an overall clockwise 
direction, crossing back and forth between the Orofino and Clarkston 
maps and finally onto the Potlatch map, and then continuing to follow 
the 600-meter elevation contour in a clockwise direction to the 
elevation contour's intersection with the southern boundary line of 
section 1, T37N/R1W, on the Potlatch map, north of the Nez Perce Indian 
Reservation boundary and west of the Dworshak Reservoir (North Fork of 
the Clearwater River) in Clearwater County, Idaho; then
    (4) Cross the Dworshak Reservoir (North Fork of the Clearwater 
River) by proceeding east along the southern boundary line of section 
1, T37N/R1E, to the southeastern corner of section 1; then by 
proceeding north along the eastern boundary line of section 1 to the 
southwest corner of section 6, T37N/R2E; and then by proceeding east 
along the southern boundary line of section 6 to the 600-meter 
elevation contour; then
    (5) Proceed generally east initially, then generally south, and 
then generally southeast along the meandering 600-meter elevation 
contour, crossing onto the Orofino map, and then continuing to follow 
the elevation contour in an overall clockwise direction, crossing back 
and forth between the Orofino and Potlatch maps, to the eastern 
boundary of section 13, T35N/R2E, on the Orofino map in Clearwater 
County, Idaho; then
    (6) Proceed south along the eastern boundary of section 13, T35N/
R2E, to the southeastern corner of section 13, T35N/R2E, northeast of 
Lolo Creek; then
    (7) Proceed west along the southern boundary line of section 13, 
T35N/R2E, to the Clearwater-Idaho County line in the middle of Lolo 
Creek; then
    (8) Proceed generally west-northwest along the Clearwater-Idaho 
County line (concurrent with Lolo Creek) to the Lewis County line at 
the confluence of Lolo Creek and the Clearwater River; then
    (9) Proceed generally south along the Lewis-Idaho County line 
(concurrent with the Clearwater River) to the northern boundary line of 
section 23, T35N/R2E; then
    (10) Proceed west along the northern boundary line of section 23, 
T35N/R2E, to the 600-meter elevation contour; then
    (11) Proceed generally northwest along the meandering 600-meter 
elevation contour, crossing onto the Potlatch map and then back onto 
the Orofino map and continuing generally southwest along the 600-meter 
elevation contour to the common T32N/T31N township boundary line along 
the southern boundary line of section 35, T32N/R5W, south of Chimney 
Creek (a tributary of the Snake River) in Nez Perce County, Idaho; then
    (12) Proceed west along the common T32N/T31N township boundary 
line, crossing Chimney Creek, to the Idaho-Washington State line 
(concurrent with the Nez Perce-Asotin County line) at the center of the 
Snake River; then
    (13) Proceed generally southeast along the Idaho-Washington State 
line in the Snake River to the northern boundary line of section 29, 
T31N/R5W; then
    (14) Proceed west along the northern boundary line of section 29, 
T31N/R5W, to the 600-meter elevation contour, northeast of Lime Hill in 
Asotin County, Washington; then
    (15) Proceed generally west and then generally south-southwest 
along the meandering 600-meter elevation contour to the southern 
boundary line of section 25, T7N/R46E; then
    (16) Proceed west along the southern boundary lines of section 25 
and 26, crossing onto the Clarkston map, and continuing along the 
southern boundary lines of section 26 to the 600-meter elevation 
contour west of Joseph Creek; then
    (17) Proceed southeast along the meandering 600-meter elevation 
contour to the western boundary line of section 34, T7N/R46E; then
    (18) Proceed north along the western boundary lines of sections 34 
and 27, T7N/R46E, crossing over the Grande Ronde River, to the 600-
meter elevation contour; then
    (19) Proceed generally northeast along the meandering 600-meter 
elevation contour and continue along the 600-meter elevation contour in 
a clockwise direction, crossing back and forth between the Clarkston 
and Orofino maps, until, on the Clarkston map, the 600-meter elevation 
line intersects the Garfield-Asotin County line for the third time 
along the western boundary of section 19, T11N/R45E; and then
    (20) Proceed north along the Garfield-Asotin County line, returning 
to the beginning point.

    Signed: April 7, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-08501 Filed 4-13-15; 8:45 am]
 BILLING CODE 4810-31-P



                                                                               Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules                                          19901

                                                      DEPARTMENT OF THE TREASURY                              FOR FURTHER INFORMATION CONTACT:                       by TTB of the wine produced in that
                                                                                                              Karen A. Thornton, Regulations and                     area.
                                                      Alcohol and Tobacco Tax and Trade                       Rulings Division, Alcohol and Tobacco
                                                      Bureau                                                                                                         Requirements
                                                                                                              Tax and Trade Bureau, 1310 G Street
                                                                                                              NW., Box 12, Washington, DC 20005;                       Section 4.25(e)(2) of the TTB
                                                      27 CFR Part 9                                           phone 202–453–1039, ext. 175.                          regulations (27 CFR 4.25(e)(2)) outlines
                                                                                                              SUPPLEMENTARY INFORMATION:                             the procedure for proposing an AVA
                                                      [Docket No. TTB–2015–0005; Notice No.                                                                          and provides that any interested party
                                                      149]                                                    Background on Viticultural Areas                       may petition TTB to establish a grape-
                                                                                                              TTB Authority                                          growing region as an AVA.
                                                      RIN 1513–AC14                                                                                                    Section 9.12 of the TTB regulations
                                                                                                                 Section 105(e) of the Federal Alcohol               (27 CFR 9.12) prescribes standards for
                                                      Proposed Establishment of the Lewis-                    Administration Act (FAA Act), 27                       petitions for the establishment or
                                                      Clark Valley Viticultural Area and                      U.S.C. 205(e), authorizes the Secretary                modification of AVAs. Petitions to
                                                      Realignment of the Columbia Valley                      of the Treasury to prescribe regulations               establish an AVA must include the
                                                      Viticultural Area                                       for the labeling of wine, distilled spirits,           following:
                                                      AGENCY: Alcohol and Tobacco Tax and                     and malt beverages. The FAA Act                          • Evidence that the area within the
                                                      Trade Bureau, Treasury.                                 provides that these regulations should,                proposed AVA boundary is nationally
                                                                                                              among other things, prohibit consumer                  or locally known by the AVA name
                                                      ACTION: Notice of proposed rulemaking.                  deception and the use of misleading                    specified in the petition;
                                                      SUMMARY:   The Alcohol and Tobacco Tax                  statements on labels and ensure that                     • An explanation of the basis for
                                                      and Trade Bureau (TTB) proposes to                      labels provide the consumer with                       defining the boundary of the proposed
                                                      establish the approximately 306,650-                    adequate information as to the identity                AVA;
                                                      acre ‘‘Lewis-Clark Valley’’ viticultural                and quality of the product. The Alcohol                  • A narrative description of the
                                                      area in portions of Nez Perce, Lewis,                   and Tobacco Tax and Trade Bureau                       features of the proposed AVA affecting
                                                      Clearwater and Latah Counties in Idaho                  (TTB) administers the FAA Act                          viticulture, such as climate, geology,
                                                      and Asotin, Garfield, and Whitman                       pursuant to section 1111(d) of the                     soils, physical features, and elevation,
                                                      Counties in Washington. TTB also                        Homeland Security Act of 2002,                         that make the proposed AVA distinctive
                                                      proposes to modify the boundary of the                  codified at 6 U.S.C. 531(d). The                       and distinguish it from adjacent areas
                                                      existing Columbia Valley viticultural                   Secretary has delegated various                        outside the proposed AVA boundary;
                                                      area to eliminate a potential overlap                   authorities through Treasury                             • The appropriate United States
                                                      with the proposed Lewis-Clark Valley                    Department Order 120–01 (Revised),                     Geological Survey (USGS) map(s)
                                                      viticultural area. The proposed                         dated December 10, 2013, to the TTB                    showing the location of the proposed
                                                      boundary modifications would decrease                   Administrator to perform the functions                 AVA, with the boundary of the
                                                      the size of the approximately                           and duties in the administration and                   proposed AVA clearly drawn thereon;
                                                      11,370,320-acre Columbia Valley                         enforcement of this law.                               and
                                                      viticultural area by approximately                         Part 4 of the TTB regulations (27 CFR                 • A detailed narrative description of
                                                      57,020 acres. TTB designates                            part 4) authorizes the TTB to establish                the proposed AVA boundary based on
                                                      viticultural areas to allow vintners to                 definitive viticultural areas and regulate             USGS map markings.
                                                      better describe the origin of their wines               the use of their names as appellations of                Petitions to modify the boundary of
                                                      and to allow consumers to better                        origin on wine labels and in wine                      an existing AVA which would result in
                                                      identify wines they may purchase. TTB                   advertisements. Part 9 of the TTB                      a decrease in the size of an existing
                                                      invites comments on these proposals.                    regulations (27 CFR part 9) sets forth the             AVA must include the following:
                                                                                                              standards for the preparation and                        • An explanation of the extent to
                                                      DATES: TTB must receive your                            submission of petitions for the                        which the current AVA name does not
                                                      comments on or before June 15, 2015.                    establishment or modification of                       apply to the excluded area;
                                                      ADDRESSES: Please send your comments                    American viticultural areas (AVAs) and                   • An explanation of how the
                                                      on this proposal to one of the following                lists the approved AVAs.                               distinguishing features of the excluded
                                                      addresses:                                                                                                     area are different from those within the
                                                        • http://www.regulations.gov (via the                 Definition
                                                                                                                                                                     boundary of the smaller AVA; and
                                                      online comment form for this document                     Section 4.25(e)(1)(i) of the TTB                       • An explanation of how the
                                                      as posted within Docket No. TTB–2015–                   regulations (27 CFR 4.25(e)(1)(i)) defines             boundary of the existing AVA was
                                                      0005 at ‘‘Regulations.gov,’’ the Federal                a viticultural area for American wine as               incorrectly or incompletely defined or is
                                                      e-rulemaking portal);                                   a delimited grape-growing region having                no longer accurate due to new evidence
                                                        • U.S. mail: Director, Regulations and                distinguishing features, as described in               or changed circumstances.
                                                      Rulings Division, Alcohol and Tobacco                   part 9 of the regulations, and a name
                                                      Tax and Trade Bureau, 1310 G Street                     and a delineated boundary, as                          Petition To Establish the Lewis-Clark
                                                      NW., Box 12, Washington, DC 20005; or                   established in part 9 of the regulations.              Valley AVA and To Modify the
                                                        • Hand delivery/courier in lieu of                    These designations allow vintners and                  Boundary of the Columbia Valley AVA
                                                      mail: Alcohol and Tobacco Tax and                       consumers to attribute a given quality,                   TTB received a petition from Dr. Alan
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Trade Bureau, 1310 G Street NW., Suite                  reputation, or other characteristic of a               Busacca, a licensed geologist and
                                                      200E, Washington, DC 20005.                             wine made from grapes grown in an area                 founder of Vinitas Consultants, LLC, on
                                                        See the Public Participation section of               to the wine’s geographic origin. The                   behalf of the Palouse-Lewis Clark Valley
                                                      this document for specific instructions                 establishment of AVAs allows vintners                  Wine Alliance and the Clearwater
                                                      and requirements for submitting                         to describe more accurately the origin of              Economic Development Association.
                                                      comments, and for information on how                    their wines to consumers and helps                     The petition proposed to establish the
                                                      to request a public hearing or view or                  consumers to identify wines they may                   ‘‘Lewis-Clark Valley’’ AVA and to
                                                      obtain copies of the petition and                       purchase. Establishment of an AVA is                   modify the boundary of the existing
                                                      supporting materials.                                   neither an approval nor an endorsement                 ‘‘Columbia Valley’’ AVA (27 CFR 9.74).


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                                                      19902                    Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules

                                                      The proposed Lewis-Clark Valley AVA                     Clark Moose Lodge 75, Lewis-Clark                      the proposed AVA and the surrounding
                                                      is located at the confluence of the Snake               Metropolitan Appliance and TV Repair,                  regions in terms of feet. Six hundred
                                                      River and the Clearwater River and                      Lewis-Clark Credit Union, Lewis-Clark                  meters corresponds to approximately
                                                      covers portions of Nez Perce, Lewis,                    Dental Clinic, and Lewis-Clark Auto                    1,970 feet.
                                                      Clearwater, and Latah Counties in                       Sales.                                                    The regions outside the proposed
                                                      northern Idaho and Asotin, Garfield,                       The petition also included evidence                 AVA generally have higher elevations
                                                      and Whitman Counties in southeastern                    that the region of the proposed AVA is                 and colder temperatures than the
                                                      Washington.                                             known as the ‘‘Lewis-Clark Valley.’’ For               proposed AVA. To the north of the
                                                         The proposed Lewis-Clark Valley                      example, the Wikipedia entry for                       proposed AVA is the high prairie region
                                                      AVA contains approximately 306,650                      ‘‘Clarkston, Washington’’ states that the              known as the Palouse. The heavily
                                                      acres and has 3 bonded wineries, as                     town is located ‘‘in the Lewis-Clark                   forested Bitterroot Mountains are
                                                      well as 16 vineyards containing more                    Valley at the confluence of the Snake                  located to the east of the proposed AVA
                                                      than 81 acres of grapes distributed                     and Clearwater rivers.’’ 1 The Lewis                   boundary. The proposed southern
                                                      across the proposed AVA. According to                   Clark Valley Chamber of Commerce                       boundary separates the proposed AVA
                                                      the petition, an additional 50 acres of                 promotes tourism and economic                          from the Craig Mountains and from
                                                      grapes are expected to be planted in the                development within the region of the                   Hells Gate State Park, which is not
                                                      next few years. The distinguishing                      proposed AVA. An organization called                   available for commercial viticulture due
                                                      features of the proposed viticultural area              Valley Vision has as its mission the                   to its protected status as an Idaho State
                                                      include its climate, topography, native                 ‘‘[c]ontinuous improvement of the                      park. Additionally, the southern
                                                      vegetation, and soils. Unless otherwise                 Lewis-Clark Valley’s business climate                  boundary was drawn to prevent the
                                                      noted, all information and data                         * * * .’’ 2 The Web site LC Today,                     proposed AVA from extending into
                                                      contained in the sections below are from                which features news and activities in                  Oregon, which is less than 5 miles from
                                                      the petition to establish the proposed                  the Lewiston-Clarkston region, offers a                the southernmost proposed AVA
                                                      Lewis-Clark Valley AVA and to modify                    listing of ‘‘60 Things To Do in the                    boundary but is not considered to be
                                                      the established Columbia Valley AVA.                    Lewis-Clark Valley.’’ 3 A Web site                     part of the geographical region known as
                                                         A small portion of the proposed                      featuring real estate information for the              the Lewis-Clark Valley. To the west and
                                                      Lewis-Clark Valley AVA overlaps the                     region of the proposed AVA is called                   southwest of the proposed AVA are the
                                                      southeastern corner of the established                  ‘‘Lewis-Clark Valley Homes.’’ 4 The                    Blue Mountains.
                                                      Columbia Valley AVA. The proposed                       telephone directory serving the region of              Distinguishing Features
                                                      Lewis-Clark Valley AVA does not                         the proposed AVA is called the ‘‘Lewis-
                                                      overlap any other established AVA. To                                                                            The distinguishing features of the
                                                                                                              Clark Valley Telephone Directory.’’ The
                                                      eliminate the potential overlap, the                                                                           proposed Lewis-Clark Valley AVA
                                                                                                              Lewis-Clark Valley Metropolitan
                                                      petitioner proposed to modify the                                                                              include its climate, topography, native
                                                                                                              Planning Organization provides
                                                      boundary of the Columbia Valley AVA                                                                            vegetation, and soils.
                                                                                                              transportation project planning for the
                                                      so that the overlapping area would be                   region. Finally, several organizations                 Climate
                                                      solely within the proposed Lewis-Clark                  within the proposed AVA have the                          Temperature: According to the
                                                      Valley AVA. The proposed                                phrase ‘‘Lewis-Clark Valley’’ in their                 petition, the temperate climate of the
                                                      modifications would reduce the size of                  names, including the Lewis-Clark Valley                proposed Lewis-Clark Valley AVA is
                                                      the approximately 11,370,320-acre                       Baptist Church, Family Promise of                      well suited for growing wine grapes,
                                                      Columbia Valley AVA boundary by                         Lewis-Clark Valley, the La Leche League                especially varieties of V. vinifera. The
                                                      approximately 57,020 acres. One                         of the Lewis-Clark Valley, and the Boys                warm temperatures of the proposed
                                                      vineyard, Arnett Vineyard, currently                    & Girls Club of the Lewis-Clark Valley.                AVA have earned the region the
                                                      exists within the area of the proposed                                                                         nickname ‘‘banana belt of the Pacific
                                                      boundary modification. The vineyard                     Boundary Evidence
                                                                                                                                                                     Northwest.’’ The table below, derived
                                                      owners have provided TTB with a letter                     The proposed Lewis-Clark Valley                     from information submitted in support
                                                      supporting the establishment of the                     AVA consists mostly of canyon walls,                   of the petition, compares the average
                                                      proposed Lewis-Clark Valley AVA and                     low plateaus, and bench lands formed                   annual temperature and growing degree
                                                      the proposed modification of the                        by the Snake and Clearwater Rivers.                    days 5 (GDDs) of the proposed Lewis-
                                                      Columbia Valley AVA boundary.                           Approximately 98 percent of the                        Clark Valley AVA and the surrounding
                                                                                                              proposed AVA’s boundary follows the                    regions. The data from the two weather
                                                      Proposed Lewis-Clark Valley AVA                         600-meter elevation line, and all the                  stations within the proposed AVA and
                                                      Name Evidence                                           land within the proposed AVA is below                  from the Moscow, Idaho, weather
                                                        The proposed Lewis-Clark Valley                       that elevation. The 600-meter elevation                station, approximately 32 miles north of
                                                      AVA derives its name from the two                       line was chosen because grapes do not                  Lewiston, Idaho, was gathered during
                                                      principle towns within the proposed                     reliably ripen annually above that                     the period from 2000 to 2009. The data
                                                      AVA: Lewiston, Idaho, and Clarkston,                    elevation and, above that altitude,                    for the Bitterroot, Craig, and Blue
                                                      Washington. The two towns, which face                   temperatures fall low enough to kill the
                                                      each other across the Snake River, were                 varieties of Vitis vinifera (V. vinifera)                5 As a measurement of heat accumulation during


                                                      named in honor of Meriwether Lewis                      grapes that are grown within the                       the grape-growing season, one degree day
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                              proposed AVA. TTB notes that the maps                  accumulates for each degree Fahrenheit that a day’s
                                                      and William Clark, who traveled                                                                                mean temperature is above 50 degrees, which is the
                                                      through the region of the proposed AVA                  used to draw the proposed boundary                     minimum temperature required for grapevine
                                                      during their famous expedition of 1804–                 show elevations in meters, and the                     growth. In the Winkler climate classification
                                                      1806. The petition included examples of                 petition describes the elevations within               system, heat accumulation as measured in growing
                                                                                                                                                                     degree days (GDDs) per year defines climatic
                                                      schools, businesses, and organizations                   1 http://en.wikipedia.org/wiki/Clarkston,_
                                                                                                                                                                     regions. Climatic region I has less than 2,500 GDDs
                                                      within the proposed AVA that bear the                                                                          per year; region II, 2,501 to 3,000; region III, 3,001
                                                                                                              Washington.                                            to 3,500; region IV, 3,501 to 4,000; and region V,
                                                      names of Lewis and Clark, including                      2 www.lewis-clarkvalley.org/about/our-mission.
                                                                                                                                                                     4,001 or more. See Albert J. Winkler, General
                                                      Lewis-Clark State College, Lewis-Clark                   3 www.lctoday.com/tourism/valleyactivities.htm.
                                                                                                                                                                     Viticulture (Berkeley: University of California Press,
                                                      Terminal at the Port of Clarkston, Lewis-                4 www.lcvalleyhomes.com.                              1974), 61–64.



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                                                                                       Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules                                                                            19903

                                                      Mountains consists of estimates                                          elevation, as there are no weather
                                                      calculated by the petitioner based on                                    stations located within these regions.

                                                                                                                                                                                                                          Average
                                                                                                                                                                                                                           annual       Average growing
                                                                                                        Location (direction from proposed AVA)                                                                          temperature      season GDD
                                                                                                                                                                                                                          (degrees       accumulation
                                                                                                                                                                                                                         fahrenheit)

                                                      Lewiston Nez Perce weather station (within) ....................................................................................................                           53.4             3,036
                                                      Dworshak Fish Hatchery (within) .......................................................................................................................                    51.6             2,613
                                                      Moscow, ID (north) ............................................................................................................................................            47.6             1,796
                                                      Bitterroot Mountains (east) ................................................................................................................................                40        1,000–1,500
                                                      Craig Mountains (south) ....................................................................................................................................                 45       1,500–1,700
                                                      Blue Mountains (west, southwest) .....................................................................................................................                       42       1,000–1,500



                                                         According to the petition, the average                                annually than the surrounding regions.                          summer droughts is that grape growers
                                                      annual temperatures and GDD                                              The following table is derived from data                        do not have to be concerned about
                                                      accumulation that the proposed AVA                                       submitted in support of the petition and                        excessive water damaging the roots of
                                                      experiences are within the range                                         compares the annual precipitation                               the vines. Although growing season
                                                      required for many varieties of wine                                      amounts within the proposed AVA to                              precipitation amounts are very small,
                                                      grapes to ripen reliably, including                                      those of the surrounding areas.                                 the petition states that viticulture is able
                                                      Cabernet Franc, Cabernet Sauvignon,                                      Precipitation data from the two weather                         to thrive within the proposed AVA
                                                      Grenache, Malbec, Pinot noir, Syrah,                                     stations within the proposed AVA and                            because the winter rains are sufficient to
                                                      Pinot gris, Riesling, and Zinfandel, all of                              from the Moscow, Idaho, station was                             ‘‘fill the soil profile,’’ assuring adequate
                                                      which are grown within the proposed                                      gathered during 2000 to 2009. The data                          amounts of soil moisture necessary for
                                                      AVA. By contrast, annual temperatures                                    for the Bitterroot, Craig, and Blue                             bud break and fruit set early in the
                                                      and GDD accumulations that the                                           Mountains was calculated using the                              growing season. By mid-June, the soil is
                                                      surrounding regions experience are too                                   data mapping system of the PRISM                                dry enough to induce mild water stress
                                                      cold to support most viticulture,                                        Climate Group at Oregon State                                   on the vines and slow the growth of
                                                      particularly varieties of V. vinifera,                                   University.6                                                    canes and leaves, allowing the vines to
                                                      which require at least 2,000 GDDs to                                                                                                     put their energy into fruit production.
                                                      ripen successfully. As evidence, the                                                                                         Annual      Vineyard managers can then control the
                                                      petition notes that Washington State                                         Location (direction from                     precipitation  amount of water added to the soil via
                                                                                                                                      proposed AVA)                               amounts
                                                      University in Pullman, located in the                                                                                       (inches)     drip irrigation, ensuring that the vines
                                                      Palouse region approximately 30 miles                                                                                                    receive enough water to survive but not
                                                      northwest of Lewiston, Washington, has                                   Lewiston Nez Perce weather                                      so much as to promote overly vigorous
                                                      had a vigorous wine grape research                                         station (within) ...................                     11.3 cane or leaf growth or root rot.
                                                      program for the past 12 years but has yet                                Dworshak Fish Hatchery
                                                      to succeed in propagating and                                              (within) ...............................            Topography
                                                                                                                                                                                             22.7
                                                      maintaining research vineyards due to                                    Moscow, Idaho (north) ..........                              25.1
                                                                                                                                                                                        The topography of the proposed
                                                                                                                               Bitterroot Mountains (east) ...                             40–70
                                                                                                                                                                                     Lewis-Clark Valley AVA includes bench
                                                      the cold temperatures.                                                   Craig Mountains (south) .......                             20–35
                                                         The petition also included the Cool-                                  Blue Mountains (west, south-                          lands, low plateaus, and steeply sloping
                                                      Climate Viticulture Suitability Index                                      west) ..................................      25–50 canyon walls. Although the proposed
                                                      (CCVSI) statistics that were available                                                                                         AVA is often referred to as a ‘‘valley’’
                                                      from the two weather stations located                                       The proposed AVA’s location to the                 because its elevations are lower than
                                                      within the proposed AVA and the                                          east of the Blue Mountains is the                     those of the surrounding regions, the
                                                      station in Moscow, Idaho. The CCVSI is                                   primary factor behind its low                         landscape has been cut into such steep
                                                      the number of days between the last                                      precipitation amounts. The Blue                       and deep V-notched canyons by the
                                                      spring temperature below 29 degrees                                      Mountains, which rise to elevations                   Snake and Clearwater Rivers and their
                                                      Fahrenheit and the first fall temperature                                over 6,000 feet, intercept storms carried tributaries that almost none of the AVA
                                                      below 29 degrees Fahrenheit. Within the                                  on the westerly jet stream and prevent                consists of the broad floodplains
                                                      proposed AVA, the CCVSI for the                                          them from entering the proposed AVA.                  typically associated with valley floors.
                                                      Lewiston Nez Perce station was 234.2                                     Most of the annual precipitation within               According to the petition, the lack of
                                                      and the CCVSI for the Dworshak Fish                                      the proposed AVA occurs between                       floodplains within the proposed AVA is
                                                      Hatchery was 225.2. By contrast, the                                     November and May, and the region                      beneficial to viticulture because
                                                      CCVSI for the Moscow station was                                         experiences a prolonged summer                        floodplains often have high water tables
                                                      159.5, which means the region north of                                   drought. One viticultural benefit of                  that limit vine root depth. Floodplains
                                                      the proposed AVA has a growing season                                                                                          are also susceptible to cold-air pooling
                                                      that is approximately 2 months shorter                                                                                         that can damage new growth and delay
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                                                 6 The Parameter-elevation Relationships on

                                                      than that of the proposed AVA. The                                       Independent Slopes Model (PRISM) climate data         fruit maturation.
                                                      significantly shorter growing season in                                  mapping system combined climate normals                  Elevations within the proposed
                                                                                                                               gathered from weather stations, along with other
                                                      the Palouse region does not allow                                        factors such as elevation, longitude, slope angles,
                                                                                                                                                                                     Lewis-Clark Valley AVA range from
                                                      sufficient time for wine grapes to ripen                                 and solar aspect to estimate the general climate      approximately 740 feet along the Snake
                                                      reliably, particularly the varieties of V.                               patterns for the proposed AVA and the surrounding     and Clearwater Rivers to approximately
                                                      vinifera grown within the proposed                                       regions. Climate normals are only calculated every    1,970 feet along most of the proposed
                                                                                                                               10 years, using 30 years of data, and at the time the
                                                      AVA.                                                                     petition was submitted, the most recent climate
                                                                                                                                                                                     AVA’s boundary. The average elevation
                                                         Precipitation: The proposed Lewis-                                    normals available were from the period of 1971–       within the proposed AVA is 1,200 feet.
                                                      Clark Valley AVA receives less rainfall                                  2000.                                                 According to a table included in the


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                                                      19904                    Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules

                                                      petition, the vineyards within the                      soil as the material released by decaying              soils also are deeper than within the
                                                      proposed AVA are planted at elevations                  grass roots. As a result, the soils of the             proposed AVA. Even though the
                                                      between 815 and 1,850 feet. The                         mountainous regions are not as high in                 surrounding mountain slopes are steep,
                                                      petition states that at elevations above                organic material and nutrients as the                  the soils have not eroded like the soils
                                                      approximately 1,970 feet, growing                       soils within the proposed AVA.                         of the proposed AVA because the dense
                                                      season temperatures are too cold to                                                                            conifer forests have held much of the
                                                                                                              Soils
                                                      support reliable ripening of V. vinifera                                                                       soil in place. Soils in the regions to the
                                                      and winter freezes can be hard enough                      There are approximately 88 different                east, south, west, and southwest of the
                                                      to kill dormant vines.                                  soil types within the proposed Lewis-                  proposed AVA are mostly of the
                                                        The topography of the surrounding                     Clark Valley AVA. However,                             Andisols order and are derived from
                                                      regions is different from that of the                   approximately 95 percent of the soil                   volcanic ash and other material
                                                      proposed Lewis-Clark Valley AVA. To                     types within the proposed AVA belong                   produced by volcanic eruptions. Unlike
                                                      the north, the Palouse is dominated by                  to the Mollisols soil order. Soils from                the Mollisols of the proposed AVA,
                                                      rounded, gently rolling hills and                       this order are comprised primarily of                  Andisols soils contain only small
                                                      elevations ranging from approximately                   decomposed perennial grasses and grass                 amounts of organic matter because the
                                                      1,000 feet to 2,800 feet, with an average               roots and contain a high level of organic              humus is derived from the
                                                      elevation of 2,200 feet. To the east,                   matter in the form of humus. The                       decomposition of leaf litter resting on
                                                      south, west, and southwest of the                       humus accumulates within the soil,                     the soil’s surface, rather than from
                                                      proposed AVA are high, rugged                           rather than just in a layer on top of the              masses of grass roots decomposing deep
                                                      mountains cut by deep canyons.                          soil, due to the decomposition of the                  within the soil.
                                                      Elevations in the Bitterroot Mountains,                 dense masses of grass roots. The high
                                                      east of the proposed AVA, range from                    levels of organic matter in the soils                  Summary of Distinguishing Features
                                                      3,000 feet to 10,150 feet and average                   provide an ample supply of nutrients for                 In summary, the climate, topography,
                                                      approximately 6,000 feet. To the south,                 vineyards. Most of the cultivated                      native vegetation, and soils of the
                                                      the Craig Mountains range from 2,500                    Mollisols soils within the proposed                    proposed Lewis-Clark Valley AVA
                                                      feet to over 5,100 feet and average                     AVA also contain loess, which is                       distinguish it from the surrounding
                                                      approximately 3,000 feet. To the west                   comprised of fine-grained particles of                 areas. In all directions outside the
                                                      and southwest, the Blue Mountains                       nutrient-rich silt that were deposited by              proposed AVA, the temperatures are
                                                      range from 2,500 feet to over 6,300 feet                wind.                                                  cooler, the growing degree day
                                                      with an average elevation of                               The soils within the proposed AVA                   accumulations are smaller, rainfall is
                                                      approximately 4,000 feet.                               are generally thin, having been eroded                 higher, and the elevations are higher.
                                                                                                              over the years by the Snake and                        The steep canyon walls, plateaus, and
                                                      Native Vegetation                                       Clearwater Rivers and their tributaries.               bench lands of the proposed AVA are
                                                         The native vegetation of the canyon                  As a result, the soils average less than               different from the rounded, rolling hills
                                                      walls, plateaus, terraces, and benches of               6 feet in depth before reaching a                      of the Palouse region to the north and
                                                      the proposed Lewis-Clark Valley AVA                     restrictive subsurface, such as bedrock.               the rugged Bitterroot, Craig, and Blue
                                                      consists of low shrubs and perennial                    The shallowness of the soils limits the                Mountains that surround the proposed
                                                      grasses that have deep masses of fine                   depths of roots and prevents overly                    AVA to the east, south, and west.
                                                      roots. Although some portions of the                    vigorous cane and leaf development.                    Perennial grasses and shrubs are the
                                                      eastern half of the proposed AVA are                       According to the petition, the                      primary vegetation within the proposed
                                                      sparsely forested, the understory of the                Mollisols soils within the proposed                    AVA, whereas the majority of the native
                                                      forested regions is covered with                        AVA have the highest available water                   vegetation to the north of the proposed
                                                      perennial grasses. The petition states                  holding capacity (AWC) of any known                    AVA has been cleared for agricultural
                                                      that the decomposition of the grasses                   soil texture class. AWC is the ability of              purposes, and the regions to the east,
                                                      and their roots over the years has                      soil to store rainfall and irrigation water.           south, and west are covered with
                                                      contributed to the formation of nutrient-               The soils within the proposed AVA can                  coniferous forests. Finally, the soils of
                                                      rich soils within the proposed AVA that                 store approximately 2.4 inches of water                the proposed Lewis-Clark Valley AVA
                                                      are high in the organic materials that                  per foot of soil. In regions that receive              are thin, loess-derived Mollisols soils,
                                                      promote healthy vine growth.                            high amounts of annual rainfall, soils                 which are shallower than the Mollisols
                                                         Likewise, to the north of the proposed               with high AWC may not be suitable for                  soils of the Palouse region to the north
                                                      AVA, the native vegetation of the                       viticulture because excessive amounts                  and distinct from the volcanic Andisols
                                                      Palouse consists primarily of perennial                 of stored water promote root rot,                      soils found to the east, south, and west.
                                                      grasses. However, most of the native                    mildew, and fungal diseases. However,
                                                      vegetation of the Palouse was cleared in                because the proposed AVA has very low                  Proposed Modification of the Columbia
                                                      the late 19th and early 20th centuries for              annual rainfall amounts and receives                   Valley AVA
                                                      large-scale agricultural purposes, such                 most of its rainfall outside the growing                  As previously noted, the petitioner
                                                      as wheat production, which continue to                  season, the amount of water stored in                  requested a modification of the
                                                      this day. To the east, south, and west of               the soil is not excessive and does not                 boundary of the established Columbia
                                                      the proposed AVA, the Bitterroot, Craig,                pose a risk to the health of the vines.                Valley AVA. The Columbia Valley AVA
                                                      and Blue Mountains are covered with                        The soils of the surrounding regions                is located in central and eastern
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      conifer forests. The understories of these              differ from those of the proposed Lewis-               Washington and northern Oregon. The
                                                      conifer forests are typically covered                   Clark Valley AVA. To the north, the                    proposed Lewis-Clark Valley AVA
                                                      with pine needle litter instead of                      soils of the Palouse are also loess-                   spans the Idaho-Washington border and,
                                                      perennial grasses. The pine needle litter               derived Mollisols, but the soils reach                 as proposed, would partially overlap the
                                                      remains on the surface of the soil,                     depths of up to 12 feet, which is much                 southeastern corner of the Columbia
                                                      unlike the root masses of perennial                     deeper than the soil depth of the                      Valley AVA near the communities of
                                                      grasses. Therefore, the organic material                proposed AVA. In the mountainous                       Clarkston, Vineland, and Asotin,
                                                      released by the decaying pine needle                    regions to the east, south, west, and                  Washington. The proposed boundary
                                                      litter does not mix as deeply into the                  southwest of the proposed AVA, the                     modifications would reduce the size of


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                                                                               Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules                                           19905

                                                      the Columbia Valley AVA by                              proposed Lewis-Clark Valley AVA is                     Union, and Lewis-Clark Dental Clinic)
                                                      approximately 57,020 acres                              1,200 feet, which is higher than the                   are located within the proposed
                                                      (approximately 0.5 percent) and would                   Columbia Valley AVA’s average                          realignment area. Additionally, all of
                                                      eliminate the potential overlap between                 elevation of 700 feet. The proposed                    the organizations listed in the ‘‘Name
                                                      the proposed AVA and the existing                       realignment area, like the proposed                    Evidence’’ section serve residents of the
                                                      AVA.                                                    Lewis-Clark Valley AVA, consists of                    proposed AVA as well as the proposed
                                                         If the boundary modification is                      steep, V-shaped canyons, low plateaus,                 realignment area, further demonstrating
                                                      approved, the area of the potential                     and bench lands along the Snake River                  that the proposed realignment area is
                                                      overlap would be included exclusively                   and its tributaries. By contrast, the                  strongly associated with the region
                                                      within the proposed Lewis-Clark Valley                  majority of the Columbia Valley AVA is                 known as the Lewis-Clark Valley.
                                                      AVA. Wines produced primarily from                      a broad basin with a gently rolling
                                                      grapes grown within the removed region                  surface. The petition notes that the                   TTB Determination
                                                      would no longer be eligible for labeling                Columbia River Valley AVA contains                        TTB concludes that the petition to
                                                      with the ‘‘Columbia Valley’’ appellation.               rugged, canyon-like coulees and broad,                 establish the approximately 306,650-
                                                      There is currently one vineyard, Arnett                 flat-floored ‘‘channeled scablands.’’                  acre ‘‘Lewis-Clark Valley’’ American
                                                      Vineyard, within the region of the                      However, the coulees and scablands                     viticultural area and to concurrently
                                                      proposed boundary modification. The                     were created by cataclysmic glacial                    modify the boundary of the existing
                                                      petition included a letter of support                   floods from the ancient Lake Missoula,                 Columbia Valley AVA merits
                                                      from the owners of that vineyard, stating               whereas the canyon of the proposed                     consideration and public comment, as
                                                      their support for the proposed Columbia                 realignment area and the proposed AVA                  invited in this document.
                                                      Valley AVA boundary modification and                    was carved over time by the flow of the                   TTB is proposing the establishment of
                                                      the establishment of the proposed                       Snake River. The coulees and scablands                 the new viticultural area and the
                                                      Lewis-Clark Valley AVA.                                 also are generally shallower and have                  modification of the existing AVA as one
                                                                                                              broad, flat floors, as compared to the                 action. Accordingly, if TTB establishes
                                                      Overview of the Columbia Valley AVA
                                                                                                              deep, steeply-sloped V-shaped canyons                  the proposed Lewis-Clark Valley AVA,
                                                         The 11,370,320-acre Columbia Valley                  and narrow valley floors of the proposed               then the proposed boundary
                                                      AVA was established by T.D. ATF–190,                    realignment area and the proposed                      modification of the Columbia Valley
                                                      which was published in the Federal                      Lewis-Clark Valley AVA.                                AVA would be approved concurrently.
                                                      Register on November 13, 1984 (49 FR                       The soils of the proposed realignment               If TTB does not establish the proposed
                                                      44897), and codified at 27 CFR 9.74.                    area also are different from the soils of              Lewis-Clark Valley AVA, then the
                                                      The Columbia Valley AVA is a large,                     the Columbia Valley AVA. Within the                    present Columbia Valley AVA boundary
                                                      treeless basin surrounding the                          proposed realignment area, most of the                 would not be modified as proposed in
                                                      Columbia, Snake, and Yakima Rivers in                   soils are from the Mollisols order, as are             this document.
                                                      Washington and Oregon. T.D. ATF–190                     the soils within the proposed Lewis-
                                                      states that the Columbia Valley AVA has                 Clark Valley AVA. By contrast,                         Boundary Description
                                                      a growing season between 150 and 204                    approximately 80 percent of Columbia                     See the narrative description of the
                                                      days and annual rainfall of less than 15                Valley AVA soils are Aridisols and                     boundary of the petitioned-for AVA and
                                                      inches. The topography of the AVA is                    Entisols. Aridisols and Entisols soils                 the boundary modification of the
                                                      characterized by its broadly undulating                 generally contain less than 1 percent                  established AVA in the proposed
                                                      hills cut by rivers and broken by sloping               organic matter, compared to the humus-                 regulatory text published at the end of
                                                      basaltic uplifts.                                       rich soils of the Mollisols order.                     this document.
                                                         T.D. ATF–190 made no comparisons                     Aridisols and Entisols soils also
                                                      of the Columbia Valley AVA to the area                  generally have lower water-holding                     Maps
                                                      identified in this proposed rule as the                 capacities due to their coarse or gravelly               The petitioner provided the required
                                                      Idaho portion of the proposed Lewis-                    textures, whereas the loamy Mollisols                  maps, and TTB lists them below in the
                                                      Clark Valley AVA.                                       soils of both the proposed realignment                 proposed regulatory text.
                                                                                                              area and proposed AVA have greater                     Impact on Current Wine Labels
                                                      Comparison of Distinguishing Features
                                                                                                              water-holding capacities. Finally,
                                                      Within the Proposed Realignment Area                                                                             Part 4 of the TTB regulations prohibits
                                                                                                              Aridisols and Entisols soils are
                                                      to the Columbia Valley AVA                                                                                     any label reference on a wine that
                                                                                                              generally alkaline, compared to the
                                                        The region of the proposed boundary                   slightly acidic Mollisols soils. Although              indicates or implies an origin other than
                                                      modification is located in the                          the petition states that some Mollisols                the wine’s true place of origin. If TTB
                                                      southeastern portion of the Columbia                    soils exist within the Columbia Valley                 establishes this proposed viticultural
                                                      River Valley AVA, along the Snake                       AVA, they generally occur at high                      area, its name, ‘‘Lewis-Clark Valley,’’
                                                      River and near the towns of Clarkson,                   elevations that are too cold to support                would be recognized as a name of
                                                      Vineland, and Asotin, Washington. The                   V. vinifera.                                           viticultural significance under
                                                      petition emphasizes that the region                        In addition to the physical features                § 4.39(i)(3) of the TTB regulations (27
                                                      proposed to be removed from the                         that distinguish the proposed                          CFR 4.39(i)(3)). The text of the proposed
                                                      Columbia Valley AVA (hereinafter                        realignment area from the Columbia                     regulation clarifies this point.
                                                      referred to as the proposed realignment                 Valley AVA and unite it with the                         If this proposed regulatory text is
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      area) has topography and soils that are                 proposed Lewis-Clark Valley AVA, the                   adopted as a final rule, wine bottlers
                                                      more similar to those of the proposed                   petition included evidence that the                    using ‘‘Lewis-Clark Valley’’ in a brand
                                                      Lewis-Clark AVA than to those of the                    proposed realignment area is strongly                  name, including a trademark, or in
                                                      existing AVA.                                           associated with the name ‘‘Lewis-Clark                 another label reference as to the origin
                                                        The topography of the proposed                        Valley,’’ rather than the ‘‘Columbia                   of the wine, would have to ensure that
                                                      realignment area is consistent with that                Valley’’ name. For example, three of the               the product is eligible to use the AVA’s
                                                      of the proposed Lewis-Clark Valley                      businesses in the ‘‘Name Evidence’’                    full name ‘‘Lewis-Clark Valley’’ as an
                                                      AVA. The average elevation of both the                  section of this proposed rule (the Lewis-              appellation of origin. If approved, the
                                                      proposed realignment area and the                       Clark Terminal, Lewis-Clark Credit                     establishment of the proposed Lewis-


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                                                      19906                    Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules

                                                      Clark Valley AVA and the proposed                       text for the Columbia Valley AVA                       Submitting Comments
                                                      modification of the Columbia Valley                     published at the end of this notice.                      You may submit comments on this
                                                      AVA boundary would allow vintners to                       TTB notes that wine eligible for                    proposal by using one of the following
                                                      use ‘‘Lewis-Clark Valley’’ as                           labeling with the ‘‘Columbia Valley’’                  three methods:
                                                      appellations of origin for wines made                   AVA name under the proposed new                           • Federal e-Rulemaking Portal: You
                                                      from grapes grown within the Lewis-                                                                            may send comments via the online
                                                                                                              boundary of the Columbia Valley AVA
                                                      Clark Valley AVA, if the wines meet the                                                                        comment form posted with this
                                                                                                              will not be affected by this two-year
                                                      eligibility requirements for the                                                                               document within Docket No. TTB–
                                                      appellation.                                            transition period. Furthermore, if TTB
                                                                                                              does not approve the proposed                          2015–0005 on ‘‘Regulations.gov,’’ the
                                                      Use of ‘‘Columbia Valley’’ as an                        boundary modification, then all wine                   Federal e-rulemaking portal, at http://
                                                      Appellation of Origin                                   label holders currently eligible to use                www.regulations.gov. A direct link to
                                                                                                              the ‘‘Columbia Valley’’ AVA name                       that docket is available under Notice
                                                         If the proposed Lewis-Clark Valley                                                                          No. 149 on the TTB Web site at
                                                      AVA and the corresponding                               would be allowed to continue to use
                                                                                                              their labels as originally approved.                   http://www.ttb.gov/wine/wine-
                                                      modification of the Columbia Valley                                                                            rulemaking.shtml. Supplemental files
                                                      AVA boundary are approved, bottlers                     Public Participation                                   may be attached to comments submitted
                                                      currently using ‘‘Columbia Valley’’ as an                                                                      via Regulations.gov. For complete
                                                      appellation of origin for wine produced                 Comments Invited                                       instructions on how to use
                                                      primarily from grapes grown in the area                                                                        Regulations.gov, visit the site and click
                                                      removed from the Columbia Valley AVA                       TTB invites comments from interested
                                                                                                              members of the public on whether TTB                   on the ‘‘Help’’ tab at the top of the page.
                                                      would no longer be able to use                                                                                    • U.S. Mail: You may send comments
                                                      ‘‘Columbia Valley’’ as an appellation of                should establish the proposed Lewis-
                                                                                                              Clark Valley AVA and concurrently                      via postal mail to the Director,
                                                      origin, but could use the term ‘‘Lewis-                                                                        Regulations and Rulings Division,
                                                      Clark Valley’’ in the brand name if                     modify the boundary of the established
                                                                                                                                                                     Alcohol and Tobacco Tax and Trade
                                                      otherwise eligible. See the ‘‘Transition                Columbia Valley AVA. TTB is interested
                                                                                                                                                                     Bureau, 1310 G Street NW., Box 12,
                                                      Period’’ section of this document for                   in receiving comments on the                           Washington, DC 20005.
                                                      more details.                                           sufficiency and accuracy of the name,                     • Hand Delivery/Courier: You may
                                                         Bottlers currently using ‘‘Columbia                  boundary, climate, topography, soils,                  hand-carry your comments or have them
                                                      Valley’’ as an appellation of origin or in              and other required information                         hand-carried to the Alcohol and
                                                      a brand name for wine produced from                     submitted in support of the Lewis-Clark                Tobacco Tax and Trade Bureau, 1310 G
                                                      grapes grown within the current, and if                 Valley AVA petition. Please provide any                Street NW., Suite 200–E, Washington,
                                                      modified, Columbia Valley AVA would                     available specific information in                      DC 20005.
                                                      still be eligible to use the term as an                 support of your comments.                                 Please submit your comments by the
                                                      appellation of origin or in a brand name.                  TTB also invites comments on the                    closing date shown above in this
                                                      Transition Period                                       proposed modification of the existing                  document. Your comments must
                                                                                                              Columbia Valley AVA. TTB is                            reference Notice No. 149 and include
                                                         If the proposals to establish the Lewis-             especially interested in comments on                   your name and mailing address. Your
                                                      Clark Valley AVA and to modify the                                                                             comments also must be made in
                                                                                                              whether the evidence provided
                                                      boundary of the Columbia Valley AVA                                                                            English, be legible, and be written in
                                                                                                              sufficiently differentiates the proposed
                                                      are adopted as a final rule, a transition                                                                      language acceptable for public
                                                      rule will apply to labels for wines                     realignment area from the existing
                                                                                                                                                                     disclosure. We do not acknowledge
                                                      produced from grapes grown in the area                  Columbia Valley AVA. Comments
                                                                                                                                                                     receipt of comments, and we consider
                                                      removed from the Columbia Valley                        should address the name usage,
                                                                                                                                                                     all comments as originals.
                                                      AVA. A label containing the words                       boundaries, climate, topography, soils,                   Your comment must clearly state if
                                                      ‘‘Columbia Valley’’ in the brand name or                and any other pertinent information that               you are commenting on your own behalf
                                                      as an appellation of origin may be used                 supports or opposes the proposed                       or on behalf of an organization,
                                                      on wine bottled within two years from                   boundary modification.                                 business, or other entity. If you are
                                                      the effective date of the final rule,                      Because of the potential impact of the              commenting on behalf of an
                                                      provided that such label was approved                   establishment of the proposed Lewis-                   organization, business, or other entity,
                                                      prior to the effective date of the final                Clark Valley AVA on wine labels that                   your comment must include the entity’s
                                                      rule and that the wine conforms to the                  include the term ‘‘Lewis-Clark Valley,’’               name, as well as your name and
                                                      standards for use of the label set forth                as discussed above under Impact on                     position title. If you comment via
                                                      in 27 CFR 4.25 or 4.39(i) in effect prior               Current Wine Labels, TTB is                            Regulations.gov, please enter the
                                                      to the final rule. At the end of this two-              particularly interested in comments                    entity’s name in the ‘‘Organization’’
                                                      year transition period, if a wine is no                 regarding whether there will be a                      blank of the online comment form. If
                                                      longer eligible for labeling with the                   conflict between the proposed area                     you comment via postal mail, please
                                                      ‘‘Columbia Valley’’ AVA name (e.g., it is                                                                      submit your entity’s comment on
                                                                                                              name and currently used brand names.
                                                      primarily produced from grapes grown                                                                           letterhead.
                                                                                                              If a commenter believes that a conflict
                                                      in the area removed from the Columbia                                                                             You also may write to the
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Valley AVA), then a label containing the                will arise, the comment should describe
                                                                                                                                                                     Administrator before the comment
                                                      words ‘‘Columbia Valley’’ in the brand                  the nature of that conflict, including any
                                                                                                                                                                     closing date to ask for a public hearing.
                                                      name or as an appellation of origin                     anticipated negative economic impact
                                                                                                                                                                     The Administrator reserves the right to
                                                      would not be permitted on the bottle.                   that approval of the proposed AVA will                 determine whether to hold a public
                                                      TTB believes that the two-year period                   have on an existing viticultural                       hearing.
                                                      should provide affected label holders                   enterprise. TTB also is interested in
                                                      with adequate time to use up any                        receiving suggestions for ways to avoid                Confidentiality
                                                      existing labels. This transition period is              conflicts, for example, by adopting a                     All submitted comments and
                                                      described in the proposed regulatory                    modified or different name for the AVA.                attachments are part of the public record


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                                                                               Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules                                           19907

                                                      and subject to disclosure. Do not                       Executive Order 12866 of September 30,                 contour to the eastern boundary of
                                                      enclose any material in your comments                   1993. Therefore, it requires no                        section 17, R. 45E./T. 11N.; then south
                                                      that you consider to be confidential or                 regulatory assessment.                                 following the eastern boundary of
                                                      inappropriate for public disclosure.                                                                           section 17 to the southern boundary of
                                                                                                              Drafting Information
                                                      Public Disclosure                                                                                              section 17; and then west following the
                                                                                                                Karen A. Thornton of the Regulations                 southern boundaries of sections 17 and
                                                         TTB will post, and you may view,                     and Rulings Division drafted this                      18 to the Asotin–Garfield county line in
                                                      copies of this document, selected                       document.                                              section 19, R. 45E./T. 11N.;
                                                      supporting materials, and any online or                                                                           (39) Then south following the
                                                      mailed comments received about this                     List of Subjects in 27 CFR Part 9
                                                                                                                                                                     Garfield–Asotin county line to the 600-
                                                      proposal within Docket No. TTB–2015–                      Wine.                                                meter elevation contour; then following
                                                      0005 on the Federal e-rulemaking                          For the reasons discussed in the                     generally west and south in a
                                                      portal, Regulations.gov, at http://                     preamble, we propose to amend title 27,                counterclockwise direction along the
                                                      www.regulations.gov. A direct link to                   chapter I, part 9, Code of Federal                     meandering 600-meter elevation contour
                                                      that docket is available on the TTB Web                 Regulations, as follows:                               to Charley Creek in section 4, R. 44 E./
                                                      site at http://www.ttb.gov/wine/wine-                                                                          T. 9 N.; and then west following Charley
                                                      rulemaking.shtml under Notice No. 149.                  PART 9—AMERICAN VITICULTURAL                           Creek on to the township line between
                                                      You also may reach the relevant docket                  AREAS                                                  R. 42 E. and R. 43 E.;
                                                      through the Regulations.gov search page                                                                           (40) Then north following the
                                                      at http://www.regulations.gov. For                      ■ 1. The authority citation for part 9                 township line between R. 42 E. and R.
                                                      instructions on how to use                              continues to read as follows:                          43 E. on the 1:250,000 scale ‘‘Pullman,
                                                      Regulations.gov, visit the site and click                   Authority: 27 U.S.C. 205.                          Washington, Idaho’’ map to Washington
                                                      on the ‘‘Help’’ tab at the top of the page.                                                                    Highway 128 at Peola;
                                                         All posted comments will display the                 Subpart C—Approved American
                                                                                                                                                                     *      *    *     *      *
                                                      commenter’s name, organization (if                      Viticultural Areas
                                                                                                                                                                        (d) Transition period. A label
                                                      any), city, and State, and, in the case of              ■ 2. Amend § 9.74 by revising paragraph                containing the words ‘‘Columbia
                                                      mailed comments, all address                            (b) and paragraphs (c)(38) through                     Valley’’ in the brand name or as an
                                                      information, including email addresses.                 (c)(40) and by adding paragraph (d) to                 appellation of origin approved prior to
                                                      TTB may omit voluminous attachments                     read as follows:                                       [EFFECTIVE DATE OF THE FINAL
                                                      or material that it considers unsuitable                                                                       RULE] may be used on wine bottled
                                                      for posting.                                            § 9.74   Columbia Valley.                              before [DATE 2 YEARS FROM
                                                         You also may view copies of this                     *     *     *     *    *                               EFFECTIVE DATE OF THE FINAL
                                                      document, all related petitions, maps                     (b) Approved maps. The approved                      RULE] if the wine conforms to the
                                                      and other supporting materials, and any                 maps for determining the boundary of                   standards for use of the label set forth
                                                      electronic or mailed comments we                        the Columbia Valley viticultural area are              in § 4.25 or § 4.39(i) of this chapter in
                                                      receive about this proposal by                          nine 1:250,000 scale U.S.G.S. maps and                 effect prior to [EFFECTIVE DATE OF
                                                      appointment at the TTB Information                      one 1:100,000 (metric) scale U.S.G.S.                  THE FINAL RULE].
                                                      Resource Center, 1310 G Street NW.,                     map. They are entitled:                                ■ 3. Add § 9.___to read as follows:
                                                      Washington, DC 20005. You also may                        (1) Concrete, Washington, U.S.;
                                                      obtain copies at 20 cents per 8.5- x 11-                British Columbia, Canada, edition of                   § 9.___    Lewis-Clark Valley.
                                                      inch page. Please note that TTB is                      1955, limited revision 1963;                             (a) Name. The name of the viticultural
                                                      unable to provide copies of USGS maps                     (2) Okanogan, Washington, edition of                 area described in this section is ‘‘Lewis-
                                                      or other similarly-sized documents that                 1954, limited revision 1963;                           Clark Valley’’. For purposes of part 4 of
                                                      may be included as part of the AVA                        (3) Pendleton, Oregon, Washington,                   this chapter, ‘‘Lewis-Clark Valley’’ is a
                                                      petition. Contact our information                       edition of 1954, revised 1973;                         term of viticultural significance.
                                                      specialist at the above address or by                     (4) Pullman, Washington, Idaho,                        (b) Approved maps. The three United
                                                      telephone at 202–453–2270 to schedule                   edition of 1953, revised 1974;                         States Geographical Survey (USGS)
                                                      an appointment or to request copies of                    (5) Clarkston, Washington, Idaho,                    1:100,000 (metric) scale topographic
                                                      comments or other materials.                            Oregon, 1:100,000 (metric) scale, edition              maps used to determine the boundary of
                                                                                                              of 1981;                                               the Lewis-Clark Valley viticultural area
                                                      Regulatory Flexibility Act                                (6) Ritzville, Washington, edition of                are titled:
                                                         TTB certifies that this proposed                     1953, limited revision 1965;                             (1) Clarkston, Wash.–Idaho–Oregon,
                                                      regulation, if adopted, would not have                    (7) The Dales, Oregon, Washington,                   1981;
                                                      a significant economic impact on a                      edition of 1953, revised 1971;                           (2) Orofino, Idaho–Washington, 1981;
                                                      substantial number of small entities.                     (8) Walla Walla, Washington, Oregon,                 and
                                                      The proposed regulation imposes no                      edition of 1953, limited revision 1963;                  (3) Potlatch, Idaho, 1981.
                                                      new reporting, recordkeeping, or other                    (9) Wenatchee, Washington, edition of                  (c) Boundary. The Lewis-Clark Valley
                                                      administrative requirement. Any benefit                 1957, revised 1971; and                                viticultural area is located in Nez Perce,
                                                      derived from the use of a viticultural                    (10) Yakima, Washington, edition of                  Lewis, Clearwater, and Latah Counties,
                                                      area name would be the result of a                      1958, revised 1971.                                    Idaho, and Asotin, Garfield, and
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      proprietor’s efforts and consumer                         (c) * * *                                            Whitman Counties, Washington. The
                                                      acceptance of wines from that area.                       (38) Then south following the                        boundary of the Lewis-Clark Valley
                                                      Therefore, no regulatory flexibility                    Washington–Idaho State boundary on                     viticultural area is as follows:
                                                      analysis is required.                                   the 1:100,000 (metric) scale Clarkston,                  (1) The beginning point is located on
                                                                                                              Washington, Idaho, Oregon map to the                   the Clarkston map in Washington State
                                                      Executive Order 12866                                   600-meter elevation contour along the                  along the Garfield–Asotin County line at
                                                        It has been determined that this                      eastern boundary of section 9, R. 46 E./               the southwest corner of section 18,
                                                      proposed rule is not a significant                      T. 11 N.; and then generally west                      T11N/R45E. From the beginning point,
                                                      regulatory action as defined by                         following the meandering 600-meter                     proceed east along the southern


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                                                      19908                    Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules

                                                      boundary line of section 18, crossing                      (10) Proceed west along the northern                  Signed: April 7, 2015.
                                                      over the Snake River, and continue                      boundary line of section 23, T35N/R2E,                 John J. Manfreda,
                                                      along the southern boundary line of                     to the 600-meter elevation contour; then               Administrator.
                                                      section 17, T11N/R45E, to the southeast                    (11) Proceed generally northwest                    [FR Doc. 2015–08501 Filed 4–13–15; 8:45 am]
                                                      corner of section 17; then                              along the meandering 600-meter                         BILLING CODE 4810–31–P
                                                         (2) Proceed north along the eastern                  elevation contour, crossing onto the
                                                      boundary line of section 17 to the 600-                 Potlatch map and then back onto the
                                                      meter elevation contour; then                           Orofino map and continuing generally                   DEPARTMENT OF THE TREASURY
                                                         (3) Proceed generally east-northeast                 southwest along the 600-meter elevation
                                                      along the meandering 600-meter                          contour to the common T32N/T31N                        Alcohol and Tobacco Tax and Trade
                                                      elevation contour, crossing into Idaho                  township boundary line along the                       Bureau
                                                      and onto the Orofino map, then                          southern boundary line of section 35,
                                                      continue to follow the elevation contour                T32N/R5W, south of Chimney Creek (a                    27 CFR Part 9
                                                      in an overall clockwise direction,                      tributary of the Snake River) in Nez                   [Docket No. TTB–2015–0006; Notice No.
                                                      crossing back and forth between the                     Perce County, Idaho; then                              150]
                                                      Orofino and Clarkston maps and finally
                                                      onto the Potlatch map, and then                            (12) Proceed west along the common                  RIN 1513–AC18
                                                      continuing to follow the 600-meter                      T32N/T31N township boundary line,
                                                      elevation contour in a clockwise                        crossing Chimney Creek, to the Idaho–                  Proposed Establishment of the Eagle
                                                      direction to the elevation contour’s                    Washington State line (concurrent with                 Foothills Viticultural Area
                                                      intersection with the southern boundary                 the Nez Perce–Asotin County line) at
                                                                                                              the center of the Snake River; then                    AGENCY: Alcohol and Tobacco Tax and
                                                      line of section 1, T37N/R1W, on the                                                                            Trade Bureau, Treasury.
                                                      Potlatch map, north of the Nez Perce                       (13) Proceed generally southeast along
                                                                                                              the Idaho–Washington State line in the                 ACTION: Notice of proposed rulemaking.
                                                      Indian Reservation boundary and west
                                                      of the Dworshak Reservoir (North Fork                   Snake River to the northern boundary
                                                                                                                                                                     SUMMARY:   The Alcohol and Tobacco Tax
                                                      of the Clearwater River) in Clearwater                  line of section 29, T31N/R5W; then
                                                                                                                                                                     and Trade Bureau (TTB) proposes to
                                                      County, Idaho; then                                        (14) Proceed west along the northern                establish the approximately 49,815-acre
                                                         (4) Cross the Dworshak Reservoir                     boundary line of section 29, T31N/R5W,                 ‘‘Eagle Foothills’’ viticultural area in
                                                      (North Fork of the Clearwater River) by                 to the 600-meter elevation contour,                    Gem and Ada Counties in Idaho. The
                                                      proceeding east along the southern                      northeast of Lime Hill in Asotin County,               proposed viticultural area lies entirely
                                                      boundary line of section 1, T37N/R1E,                   Washington; then                                       within the Snake River Valley
                                                      to the southeastern corner of section 1;                                                                       viticultural area. TTB designates
                                                                                                                 (15) Proceed generally west and then
                                                      then by proceeding north along the                                                                             viticultural areas to allow vintners to
                                                                                                              generally south-southwest along the
                                                      eastern boundary line of section 1 to the                                                                      better describe the origin of their wines
                                                                                                              meandering 600-meter elevation contour
                                                      southwest corner of section 6, T37N/                                                                           and to allow consumers to better
                                                                                                              to the southern boundary line of section
                                                      R2E; and then by proceeding east along                                                                         identify wines they may purchase. TTB
                                                                                                              25, T7N/R46E; then
                                                      the southern boundary line of section 6                                                                        invites comments on this proposed
                                                      to the 600-meter elevation contour; then                   (16) Proceed west along the southern
                                                                                                                                                                     addition to its regulations.
                                                         (5) Proceed generally east initially,                boundary lines of section 25 and 26,
                                                                                                              crossing onto the Clarkston map, and                   DATES: Comments must be received by
                                                      then generally south, and then generally
                                                                                                              continuing along the southern boundary                 June 15, 2015.
                                                      southeast along the meandering 600-
                                                      meter elevation contour, crossing onto                  lines of section 26 to the 600-meter                   ADDRESSES: Please send your comments
                                                      the Orofino map, and then continuing to                 elevation contour west of Joseph Creek;                on this notice to one of the following
                                                      follow the elevation contour in an                      then                                                   addresses:
                                                      overall clockwise direction, crossing                      (17) Proceed southeast along the                       • Internet: http://www.regulations.gov
                                                      back and forth between the Orofino and                  meandering 600-meter elevation contour                 (via the online comment form for this
                                                      Potlatch maps, to the eastern boundary                  to the western boundary line of section                notice as posted within Docket No.
                                                      of section 13, T35N/R2E, on the Orofino                 34, T7N/R46E; then                                     TTB–2015–0006 at ‘‘Regulations.gov,’’
                                                      map in Clearwater County, Idaho; then                                                                          the Federal e-rulemaking portal);
                                                                                                                 (18) Proceed north along the western                   • U.S. Mail: Director, Regulations and
                                                         (6) Proceed south along the eastern                  boundary lines of sections 34 and 27,
                                                      boundary of section 13, T35N/R2E, to                                                                           Rulings Division, Alcohol and Tobacco
                                                                                                              T7N/R46E, crossing over the Grande                     Tax and Trade Bureau, 1310 G Street
                                                      the southeastern corner of section 13,                  Ronde River, to the 600-meter elevation
                                                      T35N/R2E, northeast of Lolo Creek; then                                                                        NW., Box 12, Washington, DC 20005; or
                                                                                                              contour; then                                             • Hand delivery/courier in lieu of
                                                         (7) Proceed west along the southern
                                                      boundary line of section 13, T35N/R2E,                     (19) Proceed generally northeast along              mail: Alcohol and Tobacco Tax and
                                                      to the Clearwater–Idaho County line in                  the meandering 600-meter elevation                     Trade Bureau, 1310 G Street NW., Suite
                                                      the middle of Lolo Creek; then                          contour and continue along the 600-                    200–E, Washington, DC 20005.
                                                         (8) Proceed generally west-northwest                 meter elevation contour in a clockwise                    See the Public Participation section of
                                                      along the Clearwater–Idaho County line                  direction, crossing back and forth                     this notice for specific instructions and
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      (concurrent with Lolo Creek) to the                     between the Clarkston and Orofino                      requirements for submitting comments,
                                                      Lewis County line at the confluence of                  maps, until, on the Clarkston map, the                 and for information on how to request
                                                      Lolo Creek and the Clearwater River;                    600-meter elevation line intersects the                a public hearing or view or obtain
                                                      then                                                    Garfield–Asotin County line for the                    copies of the petition and supporting
                                                         (9) Proceed generally south along the                third time along the western boundary                  materials.
                                                      Lewis–Idaho County line (concurrent                     of section 19, T11N/R45E; and then                     FOR FURTHER INFORMATION CONTACT:
                                                      with the Clearwater River) to the                          (20) Proceed north along the Garfield–              Karen A. Thornton, Regulations and
                                                      northern boundary line of section 23,                   Asotin County line, returning to the                   Rulings Division, Alcohol and Tobacco
                                                      T35N/R2E; then                                          beginning point.                                       Tax and Trade Bureau, 1310 G Street


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Document Created: 2015-12-18 11:10:25
Document Modified: 2015-12-18 11:10:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesTTB must receive your comments on or before June 15, 2015.
ContactKaren 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.
FR Citation80 FR 19901 
RIN Number1513-AC14

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