80_FR_19979 80 FR 19908 - Proposed Establishment of the Eagle Foothills Viticultural Area

80 FR 19908 - Proposed Establishment of the Eagle Foothills Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

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

Page Range19908-19914
FR Document2015-08496

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the approximately 49,815-acre ``Eagle Foothills'' viticultural area in Gem and Ada Counties in Idaho. The proposed viticultural area lies entirely within the Snake River Valley viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on this proposed addition to its regulations.

Federal Register, Volume 80 Issue 71 (Tuesday, April 14, 2015)
[Federal Register Volume 80, Number 71 (Tuesday, April 14, 2015)]
[Proposed Rules]
[Pages 19908-19914]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08496]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2015-0006; Notice No. 150]
RIN 1513-AC18


Proposed Establishment of the Eagle Foothills 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 49,815-acre ``Eagle Foothills'' 
viticultural area in Gem and Ada Counties in Idaho. The proposed 
viticultural area lies entirely within the Snake River Valley 
viticultural area. TTB designates viticultural areas to allow vintners 
to better describe the origin of their wines and to allow consumers to 
better identify wines they may purchase. TTB invites comments on this 
proposed addition to its regulations.

DATES: Comments must be received by June 15, 2015.

ADDRESSES: Please send your comments on this notice to one of the 
following addresses:
     Internet: http://www.regulations.gov (via the online 
comment form for this notice as posted within Docket No. TTB-2015-0006 
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 200-E, Washington, DC 
20005.
    See the Public Participation section of this notice 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

[[Page 19909]]

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 TTB to 
establish definitive viticultural areas and regulate the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved AVAs.

Definition

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

Requirements

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

Eagle Foothills Petition

    TTB received a petition from Martha Cunningham, owner of the 3 
Horse Ranch Vineyards, on behalf of the local grape growers and 
vintners, proposing the establishment of the ``Eagle Foothills'' AVA. 
The original proposed name for the AVA was ``Willow Creek Idaho.'' 
However, after TTB determined that the name evidence provided in the 
petition did not sufficiently demonstrate that the region is known by 
that name, the petitioner submitted a request to change the proposed 
AVA name to ``Eagle Foothills.''
    The proposed Eagle Foothills AVA covers portions of Gem and Ada 
Counties, Idaho, and is located to the immediate north of the city of 
Eagle and approximately 10 miles northwest of the city of Boise. The 
proposed AVA lies entirely within the established Snake River Valley 
AVA (27 CFR 9.208) and does not overlap any other existing or proposed 
AVA. The proposed Eagle Foothills AVA contains approximately 49,815 
acres, with 9 commercially-producing vineyards covering a total of 67 
acres distributed throughout the proposed AVA. The petition states that 
an additional 4 acres will soon be added to an existing vineyard. 
Additionally, 7 commercial vineyards covering approximately 472 acres 
are planned within the proposed AVA in the next few years.
    According to the petition, the distinguishing features of the 
proposed Eagle Foothills AVA include its topography, soils, and 
climate. Unless otherwise noted, all information and data pertaining to 
the proposed AVA contained in this document are from the petition for 
the proposed Eagle Foothills AVA and its supporting exhibits.

Name Evidence

    The proposed Eagle Foothills AVA is located on the southwestern 
flanks of Prospect Peak and Crown Point, two prominent peaks in the 
mountainous region known as the ``Boise Front,'' which rises to the 
east of the proposed AVA. Due to its location north of the city of 
Eagle and within the foothills of the Boise Front, the region of the 
proposed AVA is commonly referred to as the ``Eagle Foothills.''
    The petitioner provided several examples of the use of ``Eagle 
Foothills'' to refer to the region of the proposed AVA. For example, a 
local ranch offers several guided horseback tours, including one 
through the ``Eagle Foothills.'' \1\ A Web site dedicated to hiking in 
Idaho features the ``Eagle Foothills Little Gulch Loop'' trail, which 
is located within the proposed AVA.\2\ A news story from a local 
television station described a wildfire within the proposed AVA, which 
destroyed several houses in ``the Eagle Foothills.'' \3\ A Web site 
dedicated to news and reviews of wines from the northwestern United 
States features a story about 3 Horse Ranch Vineyards, which is located 
within the proposed AVA, and refers to the vineyard and winery as being 
located ``in the Eagle Foothills north of Boise.'' \4\ The Ada County 
Highway District Web site includes a page about transportation projects 
``in and around the Eagle Foothills,'' including funding to improve 
State Highway 16, which runs through the proposed AVA.\5\ A real estate 
listing for a home for sale within the proposed AVA, describes the home 
as being ``close to the Eagle Foothills

[[Page 19910]]

equestrian trails.'' \6\ Finally, a planned community being developed 
within a portion of the proposed AVA is described as covering ``land 
running . . . along the Eagle Foothills.'' \7\
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    \1\ www.sweetpepperranch.com/local-attractions/riding-destinations/eagle-foothills.
    \2\ www.trimbleoutdoors.com/ViewTrip/1709698.
    \3\ www.ktvb.com/story/local/2014/07/16/11528375.
    \4\ Eric Degerman. ``Idaho's high-elevation Pinot Gris produces 
awards, fans.'' Great Northwest Wine, June 11, 2013. 
www.greatnorthwestwine.com/2013/06/11.
    \5\ www.achdidaho.org/projects/PublicProject.aspx?ProjectID=124.
    \6\ www.brechtproperties.com/Property/3175-W-Homer-Road-Eagle-Idaho.
    \7\ www.m3companiesllc.com/communities/m3eagle.
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Boundary Evidence

    The northern boundary of the proposed Eagle Foothills AVA follows 
straight lines drawn between peaks marked on the USGS Southwest Emmett 
and Southeast Emmett quadrangle maps. The boundary separates the rugged 
terrain of the proposed AVA from the lower, flatter elevations of 
Emmett Valley and the Payette River Plain. The proposed eastern 
boundary follows the 3,400-foot elevation contour and lines drawn 
between peaks on the USGS Pearl and Eagle quadrangle maps to 
approximate the eastern boundary of the established Snake River Valley 
AVA. TTB notes that the proposed boundary is only an approximation of 
the Snake River Valley AVA because the established AVA's boundaries 
were drawn using maps that measure elevations in meters instead of 
feet. The proposed eastern boundary separates the proposed AVA from the 
higher elevations of the Boise Front, including Prospect Peak and Crown 
Point. The proposed southern boundary follows roads marked on the USGS 
Eagle, Star, and Middleton quadrangle maps in order to separate the 
proposed AVA from the lower elevations and urban landscape of the 
cities of Eagle and Boise. The proposed western boundary follows the 
Ada-Canyon County line and separates the proposed AVA from the lower 
elevations and flatter terrain of the Boise River Plain.

Distinguishing Features

    The distinguishing features of the proposed Eagle Foothills AVA 
include its topography, soils, and climate.
Topography
    According to the petition, the proposed Eagle Foothills AVA is 
located within the Unwooded Alkaline Foothills ecoregion of Idaho.\8\ 
This ecoregion is defined as an arid, sparsely populated region of 
rolling foothills, benches, and alluvial fans commonly underlain by 
alkaline lake bed deposits. Perennial streams are rare, but limited 
agriculture occurs where there is water available for irrigation. Most 
of the landscape is used for grazing livestock or as wildlife habitat.
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    \8\ C.L. McGrath, Ecoregions of Idaho (Reston, VA: U.S. 
Geological Survey, 2002).
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    A network of seasonal creeks, including Willow Creek, Big Gulch 
Creek, Little Gulch Creek, Woods Gulch, and their tributaries, flow 
southwesterly through the proposed AVA and have etched deep gulches. 
The rugged terrain has a variety of slope aspects, including a 
multitude of south-facing slopes that are preferred by vineyard owners. 
Slope angles vary within the proposed AVA from 2 to 15 degrees, with an 
average of 8 degrees. Elevations within the proposed AVA range from 
2,490 feet to approximately 3,400 feet, with an average elevation of 
approximately 2,900 feet.
    The topography of the proposed Eagle Foothills AVA is 
distinguishable from that of the surrounding regions. To the north of 
the proposed AVA is Emmett Valley and the Payette River Plain, which 
are classified within the Treasure Valley ecoregion of Idaho. The 
Treasure Valley ecoregion is described as being heavily irrigated for 
agricultural purposes and having a much greater population density than 
the Unwooded Alkaline Foothills ecoregion in which the proposed AVA is 
located.\9\ Elevations in Emmett Valley and the Payette River Plain are 
lower and flatter than within the proposed AVA. To the east of the 
proposed AVA is the mountainous region known as the Boise Front, which 
has higher elevations than the proposed AVA. Crown Point and Prospect 
Peak, the two peaks in the Boise Front that are closest to the proposed 
AVA, reach 5,163 feet and 4,867 feet, respectively. To the south and 
west of the proposed AVA is the Boise River Plain, which has lower 
elevations and is classified as a continuation of the Treasure Valley 
ecoregion. Slope angles are shallow in the Boise River Plain, averaging 
less than 2 percent. The region to the south of the proposed AVA is 
also heavily urbanized and contains the cities of Boise and Eagle, in 
contrast with the relatively undeveloped proposed AVA.
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    \9\ Ibid.
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    The topography of the proposed Eagle Foothills AVA has an effect on 
viticulture. For example, the elevations within the proposed AVA are 
higher than the elevations in the regions to the north, west and south, 
so cold air drains away from the proposed AVA and pools in the 
neighboring plains and valleys. As a result, damaging frosts are not as 
common within the proposed AVA as they are in the lower surrounding 
regions. Additionally, the abundance of south-facing slopes within the 
proposed AVA allows vineyards to be planted where the vines can receive 
the most sunlight. According to the petition, a vineyard on a south-
facing slope with a 10 percent slope angle can receive 25 percent more 
sunlight than a vineyard planted on a flat site.
Soils
    Loams, sandy loams, coarse sandy loams, and stony loams are the 
predominate soils of the proposed Eagle Foothills AVA. These soils 
derived from the erosion of the sedimentary bedrock that once formed 
the bottom of the ancient Lake Idaho, as well as from the erosion of 
the granitic mountains of the Boise Front. Small amounts of volcanic 
ash are present in the soils, and levels of organic matter are low. The 
soils are notable for their large, irregularly shaped, coarse grains, 
which allow water to drain quickly and thoroughly and contribute to a 
relatively low water-holding capacity. Depth to bedrock ranges from 25 
to 50 inches, and pH levels range from mildly acidic (6.75) to mildly 
alkaline (7.25).
    The soils of the surrounding regions are distinguishable from the 
soils of the proposed AVA. To the north and south of the proposed AVA, 
the soils are primarily derived from active flood-plain alluvium from 
the Payette and Boise River systems, respectively. These soils have a 
finer, more uniform texture and greater water-holding capacity than the 
coarser, larger-grained soils of the proposed Eagle Foothills AVA. To 
the east, the soils in the mountains of the Boise Front are derived 
primarily from granite and volcanic materials and lack the sedimentary 
materials found in the soils of the proposed AVA. To the west of the 
proposed AVA, the soils become increasingly fine-grained and the depth 
to bedrock increases due to greater wind-blown and alluvial deposition. 
According to the petition, soils to the west of the proposed AVA can 
reach depths of 150 inches or more.
    The soils of the proposed Eagle Foothills AVA have an effect on 
viticulture. The large, coarse, irregularly shaped grains found in most 
of the soils of the proposed AVA do not fit together tightly, allowing 
for ``pockets'' of oxygen to form between the grains. These ``pockets'' 
promote healthy root growth because if a soil is too compacted, the 
roots can essentially suffocate and die from lack of oxygen. The spaces 
between soil grains also discourage rot and mildew because they allow 
water to drain more rapidly than finer, uniform soil grains that are 
more closely packed together. The depth of the soil within the proposed 
AVA allows roots to reach depths that are deep enough to not be overly 
sensitive

[[Page 19911]]

to changes in soil moisture level, but the soils are not so deep as to 
encourage overly vigorous vine growth. Finally, the pH levels of the 
soils are neutral enough to promote the optimal absorption of necessary 
mineral nutrients such as zinc and iron.
Climate
    The petition provided information to show that the climate of the 
proposed Eagle Foothills AVA is distinguishable from that of the 
surrounding regions. The following table from the petition summarizes 
the annual precipitation amounts, average growing season temperature, 
growing degree day (GDD) accumulation \10\, last spring and first fall 
frost dates, and length of the frost-free period for the proposed AVA 
and the surrounding regions \11\. Because there are no weather stations 
located within the proposed AVA, the petitioner used the PRISM climate 
model \12\ to estimate the temperature and precipitation data for the 
proposed AVA.
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    \10\ In the Winkler climate classification system, annual heat 
accumulation during the growing season, measured in annual growing 
degree days (GDD), defines climatic regions. One GDD accumulates for 
each degree Fahrenheit that a day's mean temperature is above 50 
degrees, the minimum temperature required for grapevine growth 
(``General Viticulture,'' by Albert J. Winkler, University of 
California Press, 1974, pages 61-64).
    \11\ Data for the listed weather stations gathered from the 
Western Regional Climate Center, www.wrcc.dri.edu.
    \12\ The Parameter Elevation Regression 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.

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                                                                                                                                           Boise-Air
                                    Proposed Eagle         Caldwell        Emmett (north of    Nampa  (southwest     Boise-``7 N''     Terminal  Station
            Variable                 Foothills AVA       (southwest of       proposed AVA)     of  proposed AVA)   Station (east of      (southeast of
                                                         proposed AVA)                                               proposed AVA)       proposed AVA)
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Average annual precipitation      14.3..............  11.4..............  13.8..............  10.9..............  19.2..............  11.7.
 (inches).
Average annual GDD accumulation.  2,418.............  2,939.............  2,728.............  2,695.............  2,299.............  2,930.
Average date of last spring       May 12............  April 24..........  May 6.............  May 5.............  May 24............  May 10.
 frost.
Average date of first fall frost  October 3.........  October 7.........  October 7.........  October 11........  October 5.........  October 6.
Average annual frost-free period  144...............  165...............  153...............  160...............  133...............  149.
 (days).
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    The proposed Eagle Foothills AVA has a cool climate, as evidenced 
by the short growing season and low GDD accumulations. The cool climate 
of the proposed AVA places it in Region 1b of the Winkler 
classification system, meaning that early- and mid-season varieties of 
grapes, such as Chardonnay, Pinot Gris, and Riesling, can successfully 
grow and ripen. Additionally, the cool temperatures of the proposed AVA 
produce grapes with lower acidity levels than the same grape varietals 
grown in warmer climates. Finally, the rainfall amounts within the 
proposed AVA are sufficient to promote healthy vine growth but also are 
low enough to produce small berries with concentrated flavors that are 
not diluted by an excess of water.
    The climate of the proposed Eagle Foothills AVA is different from 
that of the surrounding region. The higher elevations to the east, 
where the Boise ``7N'' weather station is located, have higher 
precipitation amounts, a shorter growing season, and lower GDD 
accumulations (indicating cooler growing season temperatures) that 
would not allow most varieties of grapes to ripen reliably. The 
Caldwell, Emmett, Nampa, and Boise Air Terminal weather stations, all 
of which are at lower elevations than the proposed AVA, have lower 
precipitation amounts, a longer growing season, and higher GDD 
accumulations (indicating warmer growing season temperatures). Based on 
the GDD accumulations, these lower plains regions are classified as 
Region II areas in the Winkler classification system.
Summary of Distinguishing Features
    In summary, the topography, soils, and climate of the proposed 
Eagle Foothills AVA distinguish it from the surrounding regions. The 
following table, derived from information in the petition, compares the 
features of the proposed AVA to the features of the surrounding areas.

------------------------------------------------------------------------
            Region                          Characteristics
------------------------------------------------------------------------
Proposed Eagle Foothills AVA.  Rugged terrain; moderate elevations; low
                                GDD accumulations; short growing season;
                                moderate annual rainfall amounts;
                                rapidly-draining coarse-grained soils
                                derived from sedimentary bedrock.
North, South, and West of      Flat valley terrain; low elevations; low
 proposed AVA.                  annual rainfall amounts; high GDD
                                accumulations; long growing season; slow
                                draining, fine-grained soils derived
                                from alluvium.
East of proposed AVA.........  Mountainous terrain; very high
                                elevations; very low GDD accumulations;
                                very short growing season; high annual
                                rainfall amounts; soils derived from
                                granite and volcanic material.
------------------------------------------------------------------------

Comparison of the Proposed Eagle Foothills AVA to the Existing Snake 
River Valley AVA

Snake River Valley AVA
    T.D. TTB-59, which published in the Federal Register on March 9, 
2007 (72 FR 10598), established the Snake River Valley AVA in portions 
of southeastern Oregon and southwestern Idaho. The AVA covers the 
remains of the ancient Lake Idaho, which filled the western part of the 
Snake River Valley approximately 4 million years ago. Much of the AVA 
boundary follows the 1,040-meter elevation contour because conditions 
above that elevation are not conducive to viticulture. The Snake River 
Valley AVA is described in T.D. TTB-59 as a semiarid desert with annual 
rainfall amounts of 10 to 12

[[Page 19912]]

inches and as having a frost-free period from May 10 to September 29. 
Vineyards within the AVA are typically planted in shallow soils on 
slopes.
    The proposed Eagle Foothills AVA is located along the eastern edge 
of the Snake River Valley AVA and shares some broad characteristics 
with the established AVA. The proposed AVA is also located within the 
remains of ancient Lake Idaho at elevations below 1,040 meters 
(approximately 3,412 feet). Like much of the Snake River Valley AVA, 
the proposed Eagle Foothills AVA is a semiarid region with vineyards 
planted on slopes to maximize sunlight exposure and minimize the risk 
of frost. However, the proposed viticultural area receives several more 
inches of rainfall annually, in comparison with the majority of the 
Snake River Valley AVA. Additionally, the growing season for the 
proposed Eagle Foothills AVA is slightly longer. Finally, although T.D. 
TTB-59 states that the soils within the large Snake River Valley AVA 
are too varied to be a distinguishing feature, the much smaller 
proposed Eagle Foothills AVA has fairly uniform soil characteristics 
throughout, and the soils of the proposed AVA can be distinguished from 
the soils of the surrounding regions.

TTB Determination

    TTB concludes that the petition to establish the approximately 
49,815-acre Eagle Foothills AVA merits consideration and public 
comment, as invited in this notice of proposed rulemaking.

Boundary Description

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

Maps

    The petitioner provided the required maps, and they are listed 
below in the proposed regulatory text.

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. For a wine to be labeled with an AVA name or with a 
brand name that includes an AVA name or other term identified as being 
viticulturally significance in part 9 of the TTB regulations, at least 
85 percent of the wine must be derived from grapes grown within the 
area represented by that name or other term, and the wine must meet the 
other conditions listed in 27 CFR 4.25(e)(3). If the wine is not 
eligible for labeling with an AVA name or other viticulturally 
significant term and that name or term appears in the brand name, then 
the label is not in compliance and the bottler must change the brand 
name and obtain approval of a new label. Similarly, if the AVA name or 
other viticulturally significant term appears in another reference on 
the label in a misleading manner, the bottler would have to obtain 
approval of a new label. Different rules apply if a wine has a brand 
name containing an AVA name or other viticulturally significant term 
that was used as a brand name on a label approved before July 7, 1986. 
See Sec.  4.39(i)(2) of the TTB regulations (27 CFR 4.39(i)(2)) for 
details.
    If TTB establishes this proposed AVA, its name, ``Eagle 
Foothills,'' will be recognized as a name of viticultural significance 
under Sec.  4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The 
text of the proposed regulation clarifies this point. Consequently, 
wine bottlers using the name ``Eagle Foothills'' in a brand name, 
including a trademark, or in another label reference as to the origin 
of the wine, would have to ensure that the product is eligible to use 
the AVA name as an appellation of origin if this proposed rule is 
adopted as a final rule.
    The approval of the proposed Eagle Foothills AVA would not affect 
any existing AVA, and any bottlers using ``Snake River Valley'' as an 
appellation of origin or in a brand name for wines made from grapes 
grown within the Snake River Valley would not be affected by the 
establishment of this new AVA. The establishment of the proposed Eagle 
Foothills AVA would allow vintners to use ``Eagle Foothills'' and 
``Snake River Valley'' as appellations of origin for wines made from 
grapes grown within the proposed Eagle Foothills AVA, if the wines meet 
the eligibility requirements for the appellation.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether it should establish the proposed AVA. TTB is also interested in 
receiving comments on the sufficiency and accuracy of the name, 
boundary, soils, climate, and other required information submitted in 
support of the petition. In addition, given the proposed Eagle 
Foothills AVA's location within the existing Snake River Valley AVA, 
TTB is interested in comments on whether the evidence submitted in the 
petition regarding the distinguishing features of the proposed AVA 
sufficiently differentiates it from the existing Snake River Valley 
AVA. TTB is also interested in comments on whether the geographic 
features of the proposed AVA are so distinguishable from the 
surrounding Snake River Valley AVA that the proposed Eagle Foothills 
AVA should no longer be part of that AVA. Please provide any available 
specific information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Eagle Foothills AVA on wine labels that include the term 
``Eagle Foothills'' as discussed above under Impact on Current Wine 
Labels, TTB is particularly interested in comments regarding whether 
there will be a conflict between the proposed AVA name and currently 
used brand names. If a commenter believes that a conflict will arise, 
the comment should describe the nature of that conflict, including any 
anticipated negative economic impact that approval of the proposed AVA 
will have on an existing viticultural enterprise. TTB is also 
interested in receiving suggestions for ways to avoid conflicts, for 
example, by adopting a modified or different name for the AVA.

Submitting Comments

    You may submit comments on this notice by using one of the 
following three methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this notice within Docket No. TTB-2015-
0006 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under 
Notice No. 150 on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml">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.
     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 
notice. Your comments must reference Notice No. 150 and include your 
name and mailing address. Your comments also

[[Page 19913]]

must be made in English, be legible, and be written in language 
acceptable for public disclosure. TTB does not acknowledge receipt of 
comments, and TTB considers all comments as originals.
    In your comment, please clearly state if you are commenting for 
yourself or on behalf of an association, business, or other entity. If 
you are commenting on behalf of an entity, your comment must include 
the entity's name, as well as your name and position title. If you 
comment via Regulations.gov, please enter the entity's name in the 
``Organization'' blank of the online comment form. If you comment via 
postal mail or hand delivery/courier, please submit your entity's 
comment on letterhead.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine whether to hold a public hearing.

Confidentiality

    All submitted comments and attachments are part of the public 
record and subject to disclosure. Do not enclose any material in your 
comments that you consider to be confidential or inappropriate for 
public disclosure.

Public Disclosure

    TTB will post, and you may view, copies of this notice, selected 
supporting materials, and any online or mailed comments received about 
this proposal within Docket No. TTB-2015-0006 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. 150. You may 
also reach the relevant docket through the Regulations.gov search page 
at http://www.regulations.gov. For information on how to use 
Regulations.gov, click on the site's ``Help'' tab.
    All posted comments will display the commenter's name, organization 
(if any), city, and State, and, in the case of mailed comments, all 
address information, including email addresses. TTB may omit voluminous 
attachments or material that the Bureau considers unsuitable for 
posting.
    You may also view copies of this notice, all related petitions, 
maps and other supporting materials, and any electronic or mailed 
comments that TTB receives about this proposal by appointment at the 
TTB Information Resource Center, 1310 G Street NW., Washington, DC 
20005. You may also 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 TTB's 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, no regulatory assessment is required.

Drafting Information

    Karen A. Thornton of the Regulations and Rulings Division drafted 
this notice of proposed rulemaking.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, TTB proposes to amend 
title 27, chapter I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Subpart C is amended by adding Sec.  9.___ to read as follows:


Sec.  9.  Eagle Foothills.

    (a) Name. The name of the viticultural area described in this 
section is ``Eagle Foothills''. For purposes of part 4 of this chapter, 
``Eagle Foothills'' is a term of viticultural significance.
    (b) Approved maps. The 6 United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Eagle Foothills viticultural area are titled:
    (1) Southwest Emmett, Idaho, 1970;
    (2) Southeast Emmett, Idaho, provisional edition 1985;
    (3) Pearl, Idaho, provisional edition 1985;
    (4) Eagle, Idaho, 1998;
    (5) Star, Idaho, 1953; and
    (6) Middleton, Idaho, 1958; photorevised 1971.
    (c) Boundary. The Eagle Foothills viticultural area is located in 
Gem and Ada Counties in Idaho. The boundary of the Eagle Foothills 
viticultural area is as described below:
    (1) The beginning point is on the Southwest Emmett map at the 
intersection of the Ada, Gem, and Canyon County lines at the 
southwestern corner of section 31, T6N/R1W.
    (2) From the beginning point, proceed north along the western 
boundary of sections 31 and 30 to the northwest corner of section 31, 
T6N/R1W; then
    (3) Proceed north-northeast in a straight line to the marked 3,109-
foot elevation point near the southwest corner of section 31, T6N/R1W; 
then
    (4) Proceed northeast in a straight line, crossing onto the 
Southeast Emmett map, to the marked 3,230-foot elevation point in 
section 22, T6N/R1W; then
    (5) Proceed east-northeast in a straight line to the marked 3,258-
foot elevation point in section 23, T6N/R1W; then
    (6) Proceed easterly in a straight line to the 3,493-foot elevation 
point in section 23, T6N/R1W; then
    (7) Proceed northeast in a straight line to the 3,481-foot 
elevation point in section 13, T6N/R1W; then
    (8) Proceed northeast in a straight line to the intersection of the 
marked 4-wheel drive trail with the R1W range line; then
    (9) Proceed north along the R1W range line to its first 
intersection with the 3,400-foor elevation contour; then
    (10) Proceed east along the meandering 3,400-foot elevation 
contour, crossing onto the Pearl map, then continuing easterly, then 
southerly, along the meandering 3,400-foot elevation contour, crossing 
Schiller Creek, the North and South Forks of Willow Creek, and Big 
Gulch Creek, to the first intersection of the 3,400-foot contour line 
with the R1E/R2E range line, with forms the eastern boundary of section 
13, T5N/R1E; then
    (11) Proceed southeast in a straight line to the marked 3,613-foot 
elevation in point Section 18, T5N/R2E; then
    (12) Proceed southwest in a straight line to the marked 3,426-foot 
elevation point in Section 24, T5N/R1E; then

[[Page 19914]]

    (13) Proceed west in a straight line to the marked 3,416-foot 
elevation point in Section 24, T5N/R1E; then
    (14) Proceed west in a straight line to the marked 3,119-foot 
elevation point in Section 23, T5N/R1E; then
    (15) Proceed south in a straight line to the marked 3,366-foot 
elevation point in Section 23, T5N/R1E; then
    (16) Proceed southwest in a straight line, crossing onto the Eagle 
map, to the marked 3,372-foot elevation point in Section 26, T5N/R1E; 
then
    (17) Proceed northwest in a straight line, crossing back onto the 
Pearl map, to the marked 3,228-foot elevation point in Section 22, T5N/
R1E; then
    (18) Proceed southwest in a straight line to the marked 3,205-foot 
elevation point in Section 22, T5N/R1E; then
    (19) Proceed south in a straight line, crossing onto the Eagle map, 
to the marked 3,163-foot elevation point in Section 27, T5N/R1E; then
    (20) Proceed southwest in a straight line to the marked 2,958-foot 
elevation point in Section 28, T5N/R1E; then
    (21) Proceed southwest in a straight line to the northeast corner 
of section 32, T5N/R1E; then
    (22) Proceed south along the eastern boundary of Section 32 to the 
point where the boundary joins Pearl Road, then continue south along 
Pearl Road to the intersection of the road with Beacon Road; then
    (23) Proceed west along Beacon Road, crossing onto the Star map, to 
the intersection of Beacon Road with an unnamed light-duty road known 
locally as North Wing Road at the southern boundary of section 32, T5N/
R1W; then
    (24) Proceed south along North Wing Road to the intersection of the 
road with New Hope Road in Section 5, T4N/R1W; then
    (25) Proceed west along New Hope Road, crossing onto the Middleton 
map, to the intersection of the road with the Ada-Canyon County line; 
then
    (26) Proceed north along the Ada-Canyon County line, crossing onto 
the Southwest Emmett map, to the beginning point.

    Signed: April 7, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-08496 Filed 4-13-15; 8:45 am]
 BILLING CODE 4810-31-P



                                                      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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                                                                               Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules                                                  19909

                                                      NW., Box 12, Washington, DC 20005;                      Requirements                                           commercial vineyards covering
                                                      phone 202–453–1039, ext. 175.                             Section 4.25(e)(2) of the TTB                        approximately 472 acres are planned
                                                                                                              regulations (27 CFR 4.25(e)(2)) outlines               within the proposed AVA in the next
                                                      SUPPLEMENTARY INFORMATION:
                                                                                                              the procedure for proposing an AVA                     few years.
                                                      Background on Viticultural Areas                        and provides that any interested party                   According to the petition, the
                                                      TTB Authority                                           may petition TTB to establish a grape-                 distinguishing features of the proposed
                                                                                                              growing region as an AVA. Section 9.12                 Eagle Foothills AVA include its
                                                         Section 105(e) of the Federal Alcohol                of the TTB regulations (27 CFR 9.12)                   topography, soils, and climate. Unless
                                                      Administration Act (FAA Act), 27                        prescribes the standards for petitions for             otherwise noted, all information and
                                                      U.S.C. 205(e), authorizes the Secretary                 the establishment or modification of                   data pertaining to the proposed AVA
                                                      of the Treasury to prescribe regulations                AVAs. Petitions to establish an AVA                    contained in this document are from the
                                                      for the labeling of wine, distilled spirits,            must include the following:                            petition for the proposed Eagle Foothills
                                                      and malt beverages. The FAA Act                           • Evidence that the area within the                  AVA and its supporting exhibits.
                                                      provides that these regulations should,                 proposed AVA boundary is nationally
                                                      among other things, prohibit consumer                   or locally known by the AVA name                       Name Evidence
                                                      deception and the use of misleading                     specified in the petition;
                                                                                                                                                                        The proposed Eagle Foothills AVA is
                                                      statements on labels and ensure that                      • An explanation of the basis for
                                                                                                                                                                     located on the southwestern flanks of
                                                      labels provide the consumer with                        defining the boundary of the proposed
                                                                                                                                                                     Prospect Peak and Crown Point, two
                                                      adequate information as to the identity                 AVA;
                                                                                                                • A narrative description of the                     prominent peaks in the mountainous
                                                      and quality of the product. The Alcohol                                                                        region known as the ‘‘Boise Front,’’
                                                      and Tobacco Tax and Trade Bureau                        features of the proposed AVA affecting
                                                                                                              viticulture, such as climate, geology,                 which rises to the east of the proposed
                                                      (TTB) administers the FAA Act                                                                                  AVA. Due to its location north of the
                                                      pursuant to section 1111(d) of the                      soils, physical features, and elevation,
                                                                                                              that make the proposed AVA distinctive                 city of Eagle and within the foothills of
                                                      Homeland Security Act of 2002,                                                                                 the Boise Front, the region of the
                                                      codified at 6 U.S.C. 531(d). The                        and distinguish it from adjacent areas
                                                                                                              outside the proposed viticultural AVA;                 proposed AVA is commonly referred to
                                                      Secretary has delegated various                                                                                as the ‘‘Eagle Foothills.’’
                                                      authorities through Treasury                              • The appropriate United States
                                                      Department Order 120–01 (Revised),                      Geological Survey (USGS) map(s)                           The petitioner provided several
                                                      dated December 10, 2013, to the TTB                     showing the location of the proposed                   examples of the use of ‘‘Eagle Foothills’’
                                                      Administrator to perform the functions                  AVA, with the boundary of the                          to refer to the region of the proposed
                                                      and duties in the administration and                    proposed AVA clearly drawn thereon;                    AVA. For example, a local ranch offers
                                                      enforcement of this law.                                and                                                    several guided horseback tours,
                                                                                                                • A detailed narrative description of                including one through the ‘‘Eagle
                                                         Part 4 of the TTB regulations (27 CFR                the proposed AVA boundary based on
                                                      part 4) authorizes TTB to establish                                                                            Foothills.’’ 1 A Web site dedicated to
                                                                                                              USGS map markings.                                     hiking in Idaho features the ‘‘Eagle
                                                      definitive viticultural areas and regulate
                                                      the use of their names as appellations of               Eagle Foothills Petition                               Foothills Little Gulch Loop’’ trail, which
                                                      origin on wine labels and in wine                                                                              is located within the proposed AVA.2 A
                                                                                                                 TTB received a petition from Martha                 news story from a local television
                                                      advertisements. Part 9 of the TTB                       Cunningham, owner of the 3 Horse
                                                      regulations (27 CFR part 9) sets forth                                                                         station described a wildfire within the
                                                                                                              Ranch Vineyards, on behalf of the local                proposed AVA, which destroyed several
                                                      standards for the preparation and                       grape growers and vintners, proposing
                                                      submission of petitions for the                                                                                houses in ‘‘the Eagle Foothills.’’ 3 A Web
                                                                                                              the establishment of the ‘‘Eagle                       site dedicated to news and reviews of
                                                      establishment or modification of                        Foothills’’ AVA. The original proposed
                                                      American viticultural areas (AVAs) and                                                                         wines from the northwestern United
                                                                                                              name for the AVA was ‘‘Willow Creek                    States features a story about 3 Horse
                                                      lists the approved AVAs.                                Idaho.’’ However, after TTB determined                 Ranch Vineyards, which is located
                                                      Definition                                              that the name evidence provided in the                 within the proposed AVA, and refers to
                                                                                                              petition did not sufficiently demonstrate              the vineyard and winery as being
                                                        Section 4.25(e)(1)(i) of the TTB                      that the region is known by that name,                 located ‘‘in the Eagle Foothills north of
                                                      regulations (27 CFR 4.25(e)(1)(i)) defines              the petitioner submitted a request to                  Boise.’’ 4 The Ada County Highway
                                                      a viticultural area for American wine as                change the proposed AVA name to                        District Web site includes a page about
                                                      a delimited grape-growing region having                 ‘‘Eagle Foothills.’’                                   transportation projects ‘‘in and around
                                                      distinguishing features, as described in                   The proposed Eagle Foothills AVA
                                                                                                                                                                     the Eagle Foothills,’’ including funding
                                                      part 9 of the regulations, and a name                   covers portions of Gem and Ada
                                                                                                                                                                     to improve State Highway 16, which
                                                      and a delineated boundary, as                           Counties, Idaho, and is located to the
                                                                                                                                                                     runs through the proposed AVA.5 A real
                                                      established in part 9 of the regulations.               immediate north of the city of Eagle and
                                                                                                                                                                     estate listing for a home for sale within
                                                      These designations allow vintners and                   approximately 10 miles northwest of the
                                                                                                                                                                     the proposed AVA, describes the home
                                                      consumers to attribute a given quality,                 city of Boise. The proposed AVA lies
                                                                                                                                                                     as being ‘‘close to the Eagle Foothills
                                                      reputation, or other characteristic of a                entirely within the established Snake
                                                      wine made from grapes grown in an area                  River Valley AVA (27 CFR 9.208) and
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                                                                                       1 www.sweetpepperranch.com/local-attractions/
                                                      to the wine’s geographic origin. The                    does not overlap any other existing or                 riding-destinations/eagle-foothills.
                                                      establishment of AVAs allows vintners                   proposed AVA. The proposed Eagle                         2 www.trimbleoutdoors.com/ViewTrip/1709698.
                                                      to describe more accurately the origin of               Foothills AVA contains approximately                     3 www.ktvb.com/story/local/2014/07/16/

                                                      their wines to consumers and helps                      49,815 acres, with 9 commercially-                     11528375.
                                                      consumers to identify wines they may                    producing vineyards covering a total of                  4 Eric Degerman. ‘‘Idaho’s high-elevation Pinot

                                                      purchase. Establishment of an AVA is                    67 acres distributed throughout the                    Gris produces awards, fans.’’ Great Northwest Wine,
                                                                                                                                                                     June 11, 2013. www.greatnorthwestwine.com/2013/
                                                      neither an approval nor an endorsement                  proposed AVA. The petition states that                 06/11.
                                                      by TTB of the wine produced in that                     an additional 4 acres will soon be added                 5 www.achdidaho.org/projects/

                                                      area.                                                   to an existing vineyard. Additionally, 7               PublicProject.aspx?ProjectID=124.



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                                                      19910                    Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules

                                                      equestrian trails.’’ 6 Finally, a planned               landscape is used for grazing livestock                where the vines can receive the most
                                                      community being developed within a                      or as wildlife habitat.                                sunlight. According to the petition, a
                                                      portion of the proposed AVA is                            A network of seasonal creeks,                        vineyard on a south-facing slope with a
                                                      described as covering ‘‘land running                    including Willow Creek, Big Gulch                      10 percent slope angle can receive 25
                                                      . . . along the Eagle Foothills.’’ 7                    Creek, Little Gulch Creek, Woods Gulch,                percent more sunlight than a vineyard
                                                                                                              and their tributaries, flow southwesterly              planted on a flat site.
                                                      Boundary Evidence                                       through the proposed AVA and have
                                                                                                              etched deep gulches. The rugged terrain                Soils
                                                         The northern boundary of the                                                                                   Loams, sandy loams, coarse sandy
                                                                                                              has a variety of slope aspects, including
                                                      proposed Eagle Foothills AVA follows                                                                           loams, and stony loams are the
                                                                                                              a multitude of south-facing slopes that
                                                      straight lines drawn between peaks                                                                             predominate soils of the proposed Eagle
                                                                                                              are preferred by vineyard owners. Slope
                                                      marked on the USGS Southwest Emmett                                                                            Foothills AVA. These soils derived from
                                                                                                              angles vary within the proposed AVA
                                                      and Southeast Emmett quadrangle                                                                                the erosion of the sedimentary bedrock
                                                                                                              from 2 to 15 degrees, with an average of
                                                      maps. The boundary separates the                                                                               that once formed the bottom of the
                                                                                                              8 degrees. Elevations within the
                                                      rugged terrain of the proposed AVA                                                                             ancient Lake Idaho, as well as from the
                                                                                                              proposed AVA range from 2,490 feet to
                                                      from the lower, flatter elevations of                                                                          erosion of the granitic mountains of the
                                                                                                              approximately 3,400 feet, with an
                                                      Emmett Valley and the Payette River                                                                            Boise Front. Small amounts of volcanic
                                                                                                              average elevation of approximately
                                                      Plain. The proposed eastern boundary                                                                           ash are present in the soils, and levels
                                                                                                              2,900 feet.
                                                      follows the 3,400-foot elevation contour                  The topography of the proposed Eagle                 of organic matter are low. The soils are
                                                      and lines drawn between peaks on the                    Foothills AVA is distinguishable from                  notable for their large, irregularly
                                                      USGS Pearl and Eagle quadrangle maps                    that of the surrounding regions. To the                shaped, coarse grains, which allow
                                                      to approximate the eastern boundary of                  north of the proposed AVA is Emmett                    water to drain quickly and thoroughly
                                                      the established Snake River Valley                      Valley and the Payette River Plain,                    and contribute to a relatively low water-
                                                      AVA. TTB notes that the proposed                        which are classified within the Treasure               holding capacity. Depth to bedrock
                                                      boundary is only an approximation of                    Valley ecoregion of Idaho. The Treasure                ranges from 25 to 50 inches, and pH
                                                      the Snake River Valley AVA because the                  Valley ecoregion is described as being                 levels range from mildly acidic (6.75) to
                                                      established AVA’s boundaries were                       heavily irrigated for agricultural                     mildly alkaline (7.25).
                                                      drawn using maps that measure                           purposes and having a much greater                        The soils of the surrounding regions
                                                      elevations in meters instead of feet. The               population density than the Unwooded                   are distinguishable from the soils of the
                                                      proposed eastern boundary separates                     Alkaline Foothills ecoregion in which                  proposed AVA. To the north and south
                                                      the proposed AVA from the higher                        the proposed AVA is located.9                          of the proposed AVA, the soils are
                                                      elevations of the Boise Front, including                Elevations in Emmett Valley and the                    primarily derived from active flood-
                                                      Prospect Peak and Crown Point. The                      Payette River Plain are lower and flatter              plain alluvium from the Payette and
                                                      proposed southern boundary follows                      than within the proposed AVA. To the                   Boise River systems, respectively. These
                                                      roads marked on the USGS Eagle, Star,                   east of the proposed AVA is the                        soils have a finer, more uniform texture
                                                      and Middleton quadrangle maps in                        mountainous region known as the Boise                  and greater water-holding capacity than
                                                      order to separate the proposed AVA                      Front, which has higher elevations than                the coarser, larger-grained soils of the
                                                      from the lower elevations and urban                     the proposed AVA. Crown Point and                      proposed Eagle Foothills AVA. To the
                                                      landscape of the cities of Eagle and                    Prospect Peak, the two peaks in the                    east, the soils in the mountains of the
                                                      Boise. The proposed western boundary                    Boise Front that are closest to the                    Boise Front are derived primarily from
                                                      follows the Ada–Canyon County line                      proposed AVA, reach 5,163 feet and                     granite and volcanic materials and lack
                                                      and separates the proposed AVA from                     4,867 feet, respectively. To the south                 the sedimentary materials found in the
                                                      the lower elevations and flatter terrain                and west of the proposed AVA is the                    soils of the proposed AVA. To the west
                                                      of the Boise River Plain.                               Boise River Plain, which has lower                     of the proposed AVA, the soils become
                                                                                                              elevations and is classified as a                      increasingly fine-grained and the depth
                                                      Distinguishing Features                                                                                        to bedrock increases due to greater
                                                                                                              continuation of the Treasure Valley
                                                         The distinguishing features of the                   ecoregion. Slope angles are shallow in                 wind-blown and alluvial deposition.
                                                      proposed Eagle Foothills AVA include                    the Boise River Plain, averaging less                  According to the petition, soils to the
                                                      its topography, soils, and climate.                     than 2 percent. The region to the south                west of the proposed AVA can reach
                                                                                                              of the proposed AVA is also heavily                    depths of 150 inches or more.
                                                      Topography                                              urbanized and contains the cities of                      The soils of the proposed Eagle
                                                                                                              Boise and Eagle, in contrast with the                  Foothills AVA have an effect on
                                                        According to the petition, the                        relatively undeveloped proposed AVA.                   viticulture. The large, coarse, irregularly
                                                      proposed Eagle Foothills AVA is located                   The topography of the proposed Eagle                 shaped grains found in most of the soils
                                                      within the Unwooded Alkaline                            Foothills AVA has an effect on                         of the proposed AVA do not fit together
                                                      Foothills ecoregion of Idaho.8 This                     viticulture. For example, the elevations               tightly, allowing for ‘‘pockets’’ of
                                                      ecoregion is defined as an arid, sparsely               within the proposed AVA are higher                     oxygen to form between the grains.
                                                      populated region of rolling foothills,                  than the elevations in the regions to the              These ‘‘pockets’’ promote healthy root
                                                      benches, and alluvial fans commonly                     north, west and south, so cold air drains              growth because if a soil is too
                                                      underlain by alkaline lake bed deposits.                away from the proposed AVA and pools                   compacted, the roots can essentially
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Perennial streams are rare, but limited                 in the neighboring plains and valleys.                 suffocate and die from lack of oxygen.
                                                      agriculture occurs where there is water                 As a result, damaging frosts are not as                The spaces between soil grains also
                                                      available for irrigation. Most of the                   common within the proposed AVA as                      discourage rot and mildew because they
                                                                                                              they are in the lower surrounding                      allow water to drain more rapidly than
                                                        6 www.brechtproperties.com/Property/3175-W-
                                                                                                              regions. Additionally, the abundance of                finer, uniform soil grains that are more
                                                      Homer-Road-Eagle-Idaho.
                                                        7 www.m3companiesllc.com/communities/
                                                                                                              south-facing slopes within the proposed                closely packed together. The depth of
                                                      m3eagle.                                                AVA allows vineyards to be planted                     the soil within the proposed AVA
                                                        8 C.L. McGrath, Ecoregions of Idaho (Reston, VA:                                                             allows roots to reach depths that are
                                                      U.S. Geological Survey, 2002).                            9 Ibid.                                              deep enough to not be overly sensitive


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                                                                                Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules                                                                               19911

                                                      to changes in soil moisture level, but the                  Climate                                                               accumulation 10, last spring and first fall
                                                      soils are not so deep as to encourage                         The petition provided information to                                frost dates, and length of the frost-free
                                                      overly vigorous vine growth. Finally,                       show that the climate of the proposed                                 period for the proposed AVA and the
                                                      the pH levels of the soils are neutral                      Eagle Foothills AVA is distinguishable                                surrounding regions 11. Because there
                                                      enough to promote the optimal                               from that of the surrounding regions.                                 are no weather stations located within
                                                      absorption of necessary mineral                             The following table from the petition                                 the proposed AVA, the petitioner used
                                                      nutrients such as zinc and iron.                            summarizes the annual precipitation                                   the PRISM climate model 12 to estimate
                                                                                                                  amounts, average growing season                                       the temperature and precipitation data
                                                                                                                  temperature, growing degree day (GDD)                                 for the proposed AVA.

                                                                                                                                                                                                                                      Boise–Air
                                                                                                                               Caldwell               Emmett (north                Nampa                  Boise–‘‘7 N’’               Terminal
                                                                                                Proposed Eagle
                                                                    Variable                                                (southwest of              of proposed              (southwest of            Station (east of              Station
                                                                                                 Foothills AVA             proposed AVA)                   AVA)                proposed AVA)             proposed AVA)              (southeast of
                                                                                                                                                                                                                                   proposed AVA)

                                                      Average annual precipitation              14.3 ..................    11.4 ..................   13.8 ..................   10.9 ..................   19.2 ..................   11.7.
                                                        (inches).
                                                      Average annual GDD accumula-              2,418 ................     2,939 ................    2,728 ................    2,695 ................    2,299 ................    2,930.
                                                        tion.
                                                      Average date of last spring frost         May 12 .............       April 24 ............     May 6 ...............     May 5 ...............     May 24 .............      May 10.
                                                      Average date of first fall frost ......   October 3 .........        October 7 .........       October 7 .........       October 11 .......        October 5 .........       October 6.
                                                      Average annual frost-free period          144 ...................    165 ...................   153 ...................   160 ...................   133 ...................   149.
                                                        (days).



                                                        The proposed Eagle Foothills AVA                          concentrated flavors that are not diluted                             accumulations (indicating warmer
                                                      has a cool climate, as evidenced by the                     by an excess of water.                                                growing season temperatures). Based on
                                                      short growing season and low GDD                               The climate of the proposed Eagle                                  the GDD accumulations, these lower
                                                      accumulations. The cool climate of the                      Foothills AVA is different from that of                               plains regions are classified as Region II
                                                      proposed AVA places it in Region 1b of                      the surrounding region. The higher                                    areas in the Winkler classification
                                                      the Winkler classification system,                          elevations to the east, where the Boise                               system.
                                                      meaning that early- and mid-season                          ‘‘7N’’ weather station is located, have
                                                      varieties of grapes, such as Chardonnay,                    higher precipitation amounts, a shorter                               Summary of Distinguishing Features
                                                      Pinot Gris, and Riesling, can                               growing season, and lower GDD
                                                      successfully grow and ripen.                                accumulations (indicating cooler                                        In summary, the topography, soils,
                                                      Additionally, the cool temperatures of                      growing season temperatures) that                                     and climate of the proposed Eagle
                                                      the proposed AVA produce grapes with                        would not allow most varieties of grapes                              Foothills AVA distinguish it from the
                                                      lower acidity levels than the same grape                    to ripen reliably. The Caldwell, Emmett,                              surrounding regions. The following
                                                      varietals grown in warmer climates.                         Nampa, and Boise Air Terminal weather                                 table, derived from information in the
                                                      Finally, the rainfall amounts within the                    stations, all of which are at lower                                   petition, compares the features of the
                                                      proposed AVA are sufficient to promote                      elevations than the proposed AVA, have                                proposed AVA to the features of the
                                                      healthy vine growth but also are low                        lower precipitation amounts, a longer                                 surrounding areas.
                                                      enough to produce small berries with                        growing season, and higher GDD

                                                                  Region                                                                                        Characteristics

                                                      Proposed Eagle Foothills              Rugged terrain; moderate elevations; low GDD accumulations; short growing season; moderate annual rainfall
                                                        AVA.                                  amounts; rapidly-draining coarse-grained soils derived from sedimentary bedrock.
                                                      North, South, and West of             Flat valley terrain; low elevations; low annual rainfall amounts; high GDD accumulations; long growing season;
                                                        proposed AVA.                         slow draining, fine-grained soils derived from alluvium.
                                                      East of proposed AVA .........        Mountainous terrain; very high elevations; very low GDD accumulations; very short growing season; high annual
                                                                                              rainfall amounts; soils derived from granite and volcanic material.



                                                      Comparison of the Proposed Eagle                            FR 10598), established the Snake River                                Much of the AVA boundary follows the
                                                      Foothills AVA to the Existing Snake                         Valley AVA in portions of southeastern                                1,040-meter elevation contour because
                                                      River Valley AVA                                            Oregon and southwestern Idaho. The                                    conditions above that elevation are not
                                                                                                                  AVA covers the remains of the ancient                                 conducive to viticulture. The Snake
                                                      Snake River Valley AVA
                                                                                                                  Lake Idaho, which filled the western                                  River Valley AVA is described in T.D.
                                                        T.D. TTB–59, which published in the                       part of the Snake River Valley                                        TTB–59 as a semiarid desert with
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      Federal Register on March 9, 2007 (72                       approximately 4 million years ago.                                    annual rainfall amounts of 10 to 12
                                                        10 In the Winkler climate classification system,             11 Data for the listed weather stations gathered                   and solar aspect to estimate the general climate
                                                      annual heat accumulation during the growing                 from the Western Regional Climate Center,                             patterns for the proposed AVA and the surrounding
                                                      season, measured in annual growing degree days              www.wrcc.dri.edu.                                                     regions. Climate normals are only calculated every
                                                      (GDD), defines climatic regions. One GDD                       12 The Parameter Elevation Regression on                           10 years, using 30 years of data, and at the time the
                                                      accumulates for each degree Fahrenheit that a day’s
                                                                                                                  Independent Slopes Model (PRISM) climate data                         petition was submitted, the most recent climate
                                                      mean temperature is above 50 degrees, the
                                                      minimum temperature required for grapevine                  mapping system combined climate normals                               normals available were from the period of 1971–
                                                      growth (‘‘General Viticulture,’’ by Albert J. Winkler,      gathered from weather stations, along with other                      2000.
                                                      University of California Press, 1974, pages 61–64).         factors such as elevation, longitude, slope angles,



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                                                      19912                    Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules

                                                      inches and as having a frost-free period                an AVA name or other viticulturally                    differentiates it from the existing Snake
                                                      from May 10 to September 29.                            significant term and that name or term                 River Valley AVA. TTB is also
                                                      Vineyards within the AVA are typically                  appears in the brand name, then the                    interested in comments on whether the
                                                      planted in shallow soils on slopes.                     label is not in compliance and the                     geographic features of the proposed
                                                         The proposed Eagle Foothills AVA is                  bottler must change the brand name and                 AVA are so distinguishable from the
                                                      located along the eastern edge of the                   obtain approval of a new label.                        surrounding Snake River Valley AVA
                                                      Snake River Valley AVA and shares                       Similarly, if the AVA name or other                    that the proposed Eagle Foothills AVA
                                                      some broad characteristics with the                     viticulturally significant term appears in             should no longer be part of that AVA.
                                                      established AVA. The proposed AVA is                    another reference on the label in a                    Please provide any available specific
                                                      also located within the remains of                      misleading manner, the bottler would                   information in support of your
                                                      ancient Lake Idaho at elevations below                  have to obtain approval of a new label.                comments.
                                                      1,040 meters (approximately 3,412 feet).                Different rules apply if a wine has a                     Because of the potential impact of the
                                                      Like much of the Snake River Valley                     brand name containing an AVA name or                   establishment of the proposed Eagle
                                                      AVA, the proposed Eagle Foothills AVA                   other viticulturally significant term that             Foothills AVA on wine labels that
                                                      is a semiarid region with vineyards                     was used as a brand name on a label                    include the term ‘‘Eagle Foothills’’ as
                                                      planted on slopes to maximize sunlight                  approved before July 7, 1986. See                      discussed above under Impact on
                                                      exposure and minimize the risk of frost.                § 4.39(i)(2) of the TTB regulations (27                Current Wine Labels, TTB is
                                                      However, the proposed viticultural area                 CFR 4.39(i)(2)) for details.                           particularly interested in comments
                                                      receives several more inches of rainfall                   If TTB establishes this proposed AVA,               regarding whether there will be a
                                                      annually, in comparison with the                        its name, ‘‘Eagle Foothills,’’ will be                 conflict between the proposed AVA
                                                      majority of the Snake River Valley AVA.                 recognized as a name of viticultural                   name and currently used brand names.
                                                      Additionally, the growing season for the                significance under § 4.39(i)(3) of the                 If a commenter believes that a conflict
                                                      proposed Eagle Foothills AVA is                         TTB regulations (27 CFR 4.39(i)(3)). The               will arise, the comment should describe
                                                      slightly longer. Finally, although T.D.                 text of the proposed regulation clarifies              the nature of that conflict, including any
                                                      TTB–59 states that the soils within the                 this point. Consequently, wine bottlers                anticipated negative economic impact
                                                      large Snake River Valley AVA are too                    using the name ‘‘Eagle Foothills’’ in a                that approval of the proposed AVA will
                                                      varied to be a distinguishing feature, the              brand name, including a trademark, or                  have on an existing viticultural
                                                      much smaller proposed Eagle Foothills                   in another label reference as to the                   enterprise. TTB is also interested in
                                                      AVA has fairly uniform soil                             origin of the wine, would have to ensure               receiving suggestions for ways to avoid
                                                      characteristics throughout, and the soils               that the product is eligible to use the                conflicts, for example, by adopting a
                                                      of the proposed AVA can be                              AVA name as an appellation of origin if                modified or different name for the AVA.
                                                      distinguished from the soils of the                     this proposed rule is adopted as a final               Submitting Comments
                                                      surrounding regions.                                    rule.
                                                                                                                 The approval of the proposed Eagle                     You may submit comments on this
                                                      TTB Determination                                       Foothills AVA would not affect any                     notice by using one of the following
                                                        TTB concludes that the petition to                    existing AVA, and any bottlers using                   three methods:
                                                      establish the approximately 49,815-acre                 ‘‘Snake River Valley’’ as an appellation                  • Federal e-Rulemaking Portal: You
                                                      Eagle Foothills AVA merits                              of origin or in a brand name for wines                 may send comments via the online
                                                      consideration and public comment, as                    made from grapes grown within the                      comment form posted with this notice
                                                      invited in this notice of proposed                      Snake River Valley would not be                        within Docket No. TTB–2015–0006 on
                                                      rulemaking.                                             affected by the establishment of this                  ‘‘Regulations.gov,’’ the Federal e-
                                                                                                              new AVA. The establishment of the                      rulemaking portal, at http://
                                                      Boundary Description                                                                                           www.regulations.gov. A direct link to
                                                                                                              proposed Eagle Foothills AVA would
                                                         See the narrative description of the                 allow vintners to use ‘‘Eagle Foothills’’              that docket is available under Notice
                                                      boundary of the petitioned-for AVA in                   and ‘‘Snake River Valley’’ as                          No. 150 on the TTB Web site at
                                                      the proposed regulatory text published                  appellations of origin for wines made                  http://www.ttb.gov/wine/wine-
                                                      at the end of this proposed rule.                       from grapes grown within the proposed                  rulemaking.shtml. Supplemental files
                                                                                                              Eagle Foothills AVA, if the wines meet                 may be attached to comments submitted
                                                      Maps                                                                                                           via Regulations.gov. For complete
                                                                                                              the eligibility requirements for the
                                                        The petitioner provided the required                                                                         instructions on how to use
                                                                                                              appellation.
                                                      maps, and they are listed below in the                                                                         Regulations.gov, visit the site and click
                                                      proposed regulatory text.                               Public Participation                                   on the ‘‘Help’’ tab.
                                                                                                                                                                        • U.S. Mail: You may send comments
                                                      Impact on Current Wine Labels                           Comments Invited
                                                                                                                                                                     via postal mail to the Director,
                                                         Part 4 of the TTB regulations prohibits                 TTB invites comments from interested                Regulations and Rulings Division,
                                                      any label reference on a wine that                      members of the public on whether it                    Alcohol and Tobacco Tax and Trade
                                                      indicates or implies an origin other than               should establish the proposed AVA.                     Bureau, 1310 G Street NW., Box 12,
                                                      the wine’s true place of origin. For a                  TTB is also interested in receiving                    Washington, DC 20005.
                                                      wine to be labeled with an AVA name                     comments on the sufficiency and                           • Hand Delivery/Courier: You may
                                                      or with a brand name that includes an                   accuracy of the name, boundary, soils,                 hand-carry your comments or have them
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      AVA name or other term identified as                    climate, and other required information                hand-carried to the Alcohol and
                                                      being viticulturally significance in part               submitted in support of the petition. In               Tobacco Tax and Trade Bureau, 1310 G
                                                      9 of the TTB regulations, at least 85                   addition, given the proposed Eagle                     Street NW., Suite 200–E, Washington,
                                                      percent of the wine must be derived                     Foothills AVA’s location within the                    DC 20005.
                                                      from grapes grown within the area                       existing Snake River Valley AVA, TTB                      Please submit your comments by the
                                                      represented by that name or other term,                 is interested in comments on whether                   closing date shown above in this notice.
                                                      and the wine must meet the other                        the evidence submitted in the petition                 Your comments must reference Notice
                                                      conditions listed in 27 CFR 4.25(e)(3). If              regarding the distinguishing features of               No. 150 and include your name and
                                                      the wine is not eligible for labeling with              the proposed AVA sufficiently                          mailing address. Your comments also


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                                                                               Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules                                             19913

                                                      must be made in English, be legible, and                obtain copies at 20 cents per 8.5- x 11-                determine the boundary of the Eagle
                                                      be written in language acceptable for                   inch page. Please note that TTB is                      Foothills viticultural area are titled:
                                                      public disclosure. TTB does not                         unable to provide copies of USGS maps                      (1) Southwest Emmett, Idaho, 1970;
                                                      acknowledge receipt of comments, and                    or other similarly-sized documents that                    (2) Southeast Emmett, Idaho,
                                                      TTB considers all comments as                           may be included as part of the AVA                      provisional edition 1985;
                                                      originals.                                              petition. Contact TTB’s information                        (3) Pearl, Idaho, provisional edition
                                                         In your comment, please clearly state                specialist at the above address or by                   1985;
                                                      if you are commenting for yourself or on                telephone at 202–453–2270 to schedule                      (4) Eagle, Idaho, 1998;
                                                      behalf of an association, business, or                  an appointment or to request copies of                     (5) Star, Idaho, 1953; and
                                                      other entity. If you are commenting on                  comments or other materials.                               (6) Middleton, Idaho, 1958;
                                                      behalf of an entity, your comment must                                                                          photorevised 1971.
                                                      include the entity’s name, as well as                   Regulatory Flexibility Act                                 (c) Boundary. The Eagle Foothills
                                                      your name and position title. If you                       TTB certifies that this proposed                     viticultural area is located in Gem and
                                                      comment via Regulations.gov, please                     regulation, if adopted, would not have                  Ada Counties in Idaho. The boundary of
                                                      enter the entity’s name in the                          a significant economic impact on a                      the Eagle Foothills viticultural area is as
                                                      ‘‘Organization’’ blank of the online                    substantial number of small entities.                   described below:
                                                      comment form. If you comment via                        The proposed regulation imposes no                         (1) The beginning point is on the
                                                      postal mail or hand delivery/courier,                   new reporting, recordkeeping, or other                  Southwest Emmett map at the
                                                      please submit your entity’s comment on                  administrative requirement. Any benefit                 intersection of the Ada, Gem, and
                                                      letterhead.                                             derived from the use of a viticultural                  Canyon County lines at the
                                                         You may also write to the                            area name would be the result of a                      southwestern corner of section 31, T6N/
                                                      Administrator before the comment                        proprietor’s efforts and consumer                       R1W.
                                                      closing date to ask for a public hearing.               acceptance of wines from that area.                        (2) From the beginning point, proceed
                                                      The Administrator reserves the right to                 Therefore, no regulatory flexibility                    north along the western boundary of
                                                      determine whether to hold a public                      analysis is required.                                   sections 31 and 30 to the northwest
                                                      hearing.                                                                                                        corner of section 31, T6N/R1W; then
                                                                                                              Executive Order 12866                                      (3) Proceed north-northeast in a
                                                      Confidentiality                                                                                                 straight line to the marked 3,109-foot
                                                                                                                It has been determined that this
                                                         All submitted comments and                           proposed rule is not a significant                      elevation point near the southwest
                                                      attachments are part of the public record               regulatory action as defined by                         corner of section 31, T6N/R1W; then
                                                      and subject to disclosure. Do not                       Executive Order 12866 of September 30,                     (4) Proceed northeast in a straight
                                                      enclose any material in your comments                   1993. Therefore, no regulatory                          line, crossing onto the Southeast
                                                      that you consider to be confidential or                 assessment is required.                                 Emmett map, to the marked 3,230-foot
                                                      inappropriate for public disclosure.                                                                            elevation point in section 22, T6N/R1W;
                                                                                                              Drafting Information                                    then
                                                      Public Disclosure                                                                                                  (5) Proceed east-northeast in a straight
                                                                                                                Karen A. Thornton of the Regulations
                                                         TTB will post, and you may view,                     and Rulings Division drafted this notice                line to the marked 3,258-foot elevation
                                                      copies of this notice, selected                         of proposed rulemaking.                                 point in section 23, T6N/R1W; then
                                                      supporting materials, and any online or                                                                            (6) Proceed easterly in a straight line
                                                      mailed comments received about this                     List of Subjects in 27 CFR Part 9                       to the 3,493-foot elevation point in
                                                      proposal within Docket No. TTB–2015–                      Wine.                                                 section 23, T6N/R1W; then
                                                      0006 on the Federal e-rulemaking                                                                                   (7) Proceed northeast in a straight line
                                                                                                              Proposed Regulatory Amendment
                                                      portal, Regulations.gov, at http://                                                                             to the 3,481-foot elevation point in
                                                      www.regulations.gov. A direct link to                     For the reasons discussed in the                      section 13, T6N/R1W; then
                                                      that docket is available on the TTB Web                 preamble, TTB proposes to amend title                      (8) Proceed northeast in a straight line
                                                      site at http://www.ttb.gov/wine/wine_                   27, chapter I, part 9, Code of Federal                  to the intersection of the marked 4-
                                                      rulemaking.shtml under Notice No. 150.                  Regulations, as follows:                                wheel drive trail with the R1W range
                                                      You may also reach the relevant docket                                                                          line; then
                                                      through the Regulations.gov search page                 PART 9—AMERICAN VITICULTURAL                               (9) Proceed north along the R1W
                                                      at http://www.regulations.gov. For                      AREAS                                                   range line to its first intersection with
                                                      information on how to use                                                                                       the 3,400-foor elevation contour; then
                                                                                                              ■ 1. The authority citation for part 9
                                                      Regulations.gov, click on the site’s                                                                               (10) Proceed east along the
                                                                                                              continues to read as follows:
                                                      ‘‘Help’’ tab.                                                                                                   meandering 3,400-foot elevation
                                                         All posted comments will display the                     Authority: 27 U.S.C. 205.                           contour, crossing onto the Pearl map,
                                                      commenter’s name, organization (if                                                                              then continuing easterly, then southerly,
                                                      any), city, and State, and, in the case of              Subpart C—Approved American                             along the meandering 3,400-foot
                                                      mailed comments, all address                            Viticultural Areas                                      elevation contour, crossing Schiller
                                                      information, including email addresses.                 ■ 2. Subpart C is amended by adding                     Creek, the North and South Forks of
                                                      TTB may omit voluminous attachments                     § 9.___ to read as follows:                             Willow Creek, and Big Gulch Creek, to
                                                      or material that the Bureau considers                                                                           the first intersection of the 3,400-foot
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      unsuitable for posting.                                 § 9.    Eagle Foothills.                                contour line with the R1E/R2E range
                                                         You may also view copies of this                       (a) Name. The name of the viticultural                line, with forms the eastern boundary of
                                                      notice, all related petitions, maps and                 area described in this section is ‘‘Eagle               section 13, T5N/R1E; then
                                                      other supporting materials, and any                     Foothills’’. For purposes of part 4 of this                (11) Proceed southeast in a straight
                                                      electronic or mailed comments that TTB                  chapter, ‘‘Eagle Foothills’’ is a term of               line to the marked 3,613-foot elevation
                                                      receives about this proposal by                         viticultural significance.                              in point Section 18, T5N/R2E; then
                                                      appointment at the TTB Information                        (b) Approved maps. The 6 United                          (12) Proceed southwest in a straight
                                                      Resource Center, 1310 G Street NW.,                     States Geological Survey (USGS)                         line to the marked 3,426-foot elevation
                                                      Washington, DC 20005. You may also                      1:24,000 scale topographic maps used to                 point in Section 24, T5N/R1E; then


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                                                      19914                    Federal Register / Vol. 80, No. 71 / Tuesday, April 14, 2015 / Proposed Rules

                                                         (13) Proceed west in a straight line to              ACTION:Notice of proposed revision of                  should the mailboxes come into
                                                      the marked 3,416-foot elevation point in                standards; invitation to comment.                      widespread use.
                                                      Section 24, T5N/R1E; then                                                                                        The addition of these new design
                                                         (14) Proceed west in a straight line to              SUMMARY:   The Postal Service proposes                 options does not impact the continued
                                                      the marked 3,119-foot elevation point in                to replace USPS STD 7B, which governs                  approval status of any current USPS
                                                      Section 23, T5N/R1E; then                               the design of curbside mailboxes, with                 STD 7B mailbox.
                                                         (15) Proceed south in a straight line to             new USPS STD 7C. The proposed new
                                                                                                              STD 7C was developed internally to                     Specific New Design Options Proposed
                                                      the marked 3,366-foot elevation point in
                                                                                                              meet the operational requirements of the               in New USPS STD 7C
                                                      Section 23, T5N/R1E; then
                                                         (16) Proceed southwest in a straight                 Postal Service.                                           Options incorporated in the proposed
                                                      line, crossing onto the Eagle map, to the               DATES: The Postal Service must receive                 new standard USPS STD 7C include the
                                                      marked 3,372-foot elevation point in                    written comments on or before June 15,                 following:
                                                      Section 26, T5N/R1E; then                               2015.                                                     1. Introduces for a new version of
                                                         (17) Proceed northwest in a straight                 ADDRESSES: Comments regarding this
                                                                                                                                                                     locked and non-locked mailbox designs
                                                      line, crossing back onto the Pearl map,                 proposal are invited. Written comments                 the requirement to accommodate the
                                                      to the marked 3,228-foot elevation point                should be mailed to U.S. Postal Service,               insertion and removal of a test gauge
                                                      in Section 22, T5N/R1E; then                            Delivery Operations ATTN: Ashlea                       measuring 7 inches high by 13 inches
                                                         (18) Proceed southwest in a straight                 Meyer, 475 L’Enfant Plaza, Room 7142,                  wide by 16 inches deep. This test gauge
                                                      line to the marked 3,205-foot elevation                 Washington, DC 20260–7142. Copies of                   is the most significant proposed change
                                                      point in Section 22, T5N/R1E; then                      all written comments will be available                 for the new mailbox designs. The
                                                         (19) Proceed south in a straight line,               for public inspection and copying                      proposed minimum size requirement
                                                      crossing onto the Eagle map, to the                     between 9:00 a.m. and 4:00 p.m.,                       will allow for a much higher delivery
                                                      marked 3,163-foot elevation point in                    Monday through Friday, at the address                  rate in the current mail stream.
                                                      Section 27, T5N/R1E; then                                                                                         2. Adds new Figures 1B and 3 for the
                                                                                                              above.
                                                         (20) Proceed southwest in a straight                                                                        new enhanced capacity non-locked and
                                                                                                              FOR FURTHER INFORMATION CONTACT:                       locked mailbox design options. These
                                                      line to the marked 2,958-foot elevation
                                                      point in Section 28, T5N/R1E; then                      Ashlea Meyer, (202) 268–7256.                          figures provide overall design
                                                         (21) Proceed southwest in a straight                 SUPPLEMENTARY INFORMATION:                             parameters for the two new mailbox
                                                      line to the northeast corner of section                 Overview                                               design options and the figures are not
                                                      32, T5N/R1E; then                                                                                              mandatory design templates.
                                                         (22) Proceed south along the eastern                    U.S. Postal Service Standard,                          3. Introduces, for the new locked
                                                      boundary of Section 32 to the point                     Mailboxes, City and Rural Curbside,                    mailbox designs only, the requirement
                                                      where the boundary joins Pearl Road,                    USPS STD 7B, governs the design of                     to pass a 3-minute physical security test
                                                      then continue south along Pearl Road to                 curbside mailboxes. Pursuant to the                    of the customer access door (using a
                                                      the intersection of the road with Beacon                Mailing Standards of the United States                 specified set of pry tools) and a 3-
                                                      Road; then                                              Postal Service, Domestic Mail Manual                   minute manual test to ensure that no
                                                         (23) Proceed west along Beacon Road,                 (DMM®) 508.3.2.1, USPS STD 7B                          mail item can be removed through the
                                                      crossing onto the Star map, to the                      applies to mailboxes manufactured to be                front carrier access door. The Postal
                                                      intersection of Beacon Road with an                     erected at the edge of a roadway or                    Service sees value in establishing a
                                                      unnamed light-duty road known locally                   curbside of a street and to be served by               USPS-performed test requirement for
                                                      as North Wing Road at the southern                      a carrier from a vehicle on any city                   this new locked curbside mailbox
                                                      boundary of section 32, T5N/R1W; then                   route, rural route, or highway contract                design option. Any product validated to
                                                         (24) Proceed south along North Wing                  route. Copies of current STD 7B, or                    meet this requirement would provide a
                                                      Road to the intersection of the road with               other information about the                            specified level of security that would be
                                                      New Hope Road in Section 5, T4N/R1W;                    manufacture of curbside boxes may be                   adequate to thwart quick-strike attacks.
                                                      then                                                    obtained from USPS Engineering, 8403                      4. Reaffirms the prohibition of any
                                                         (25) Proceed west along New Hope                     Lee Highway, Merrifield, VA 22082–                     style of locks, locking devices, or inserts
                                                      Road, crossing onto the Middleton map,                  8101 (see DMM 608.8.0). The current                    that require the carrier to use a key or
                                                      to the intersection of the road with the                standard, effective February 8, 2001, (66              restrict or reduce the interior opening of
                                                      Ada-Canyon County line; then                            FR 9509–9522) prescribes designs that                  the mailbox, once the front door has
                                                         (26) Proceed north along the Ada-                    in several respects are no longer ideal                been fully opened for any approved
                                                      Canyon County line, crossing onto the                   for the operational requirements of the                non-locked curbside mailbox. ‘‘No mail
                                                      Southwest Emmett map, to the                            Postal Service.                                        service’’ will continue to be the Postal
                                                      beginning point.                                           As discussed in more detail below,                  Service’s policy for any approved non-
                                                        Signed: April 7, 2015.                                the Postal Service is proposing that the               locked curbside mailbox that has been
                                                                                                              design and performance requirements                    internally modified with any of these
                                                      John J. Manfreda,
                                                                                                              for new versions of both locking and                   unapproved add-on products. To assure
                                                      Administrator.
                                                                                                              non-locking curbside mailboxes be                      the effectiveness of the new minimum
                                                      [FR Doc. 2015–08496 Filed 4–13–15; 8:45 am]             included in the proposed USPS STD 7C.                  parcel capacity requirement under
                                                      BILLING CODE 4810–31–P                                  These new design options would be able                 USPS STD 7C, internal obstructions that
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                                                                              to accommodate the insertion and                       prevent this requirement from being met
                                                                                                              removal of a new minimum-sized mail                    will result in a suspension of service
                                                      POSTAL SERVICE                                          item 7 inches high by 13 inches wide by                when the situation is identified.
                                                                                                              16 inches deep. We believe that                           5. Introduces minimal door catch and
                                                      39 CFR Part 111                                         instituting these mailbox design options               signal flag force tests to ensure those
                                                                                                              would allow for improvement in the                     components meet prescribed limits.
                                                      Standards Governing the Design of
                                                                                                              Postal Service’s capacity for this mode                   6. Updates the provisions in Sections
                                                      Curbside Mailboxes
                                                                                                              of delivery as vendors choose to                       6, Application Requirements and 7,
                                                      AGENCY:    Postal ServiceTM.                            produce these curbside mailboxes, and                  Approval or Disapproval. The


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Document Created: 2015-12-18 11:10:21
Document Modified: 2015-12-18 11:10:21
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.
DatesComments must be received by 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 19908 
RIN Number1513-AC18

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