80_FR_34981 80 FR 34864 - Proposed Expansion of the Willamette Valley Viticultural Area

80 FR 34864 - Proposed Expansion of the Willamette Valley Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 80, Issue 117 (June 18, 2015)

Page Range34864-34869
FR Document2015-15036

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to expand the approximately 5,360-square mile ``Willamette Valley'' viticultural area in northwestern Oregon by approximately 29 square miles. The established Willamette Valley viticultural area and the proposed expansion area do not lie within any other 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 117 (Thursday, June 18, 2015)
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Proposed Rules]
[Pages 34864-34869]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15036]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2015-0008; Notice No. 152]
RIN 1513-AC21


Proposed Expansion of the Willamette Valley Viticultural Area

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to 
expand the approximately 5,360-square mile ``Willamette Valley'' 
viticultural area in northwestern Oregon by approximately 29 square 
miles. The established Willamette Valley viticultural area and the 
proposed expansion area do not lie within any other 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 August 17, 2015.

ADDRESSES: Please send your comments on this notice of proposed 
rulemaking to one of the following addresses:
     Internet: http://www.regulations.gov (via the online 
comment form for this notice of proposed rulemaking as posted within 
Docket No. TTB-2015-0008 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 400, Washington, DC 
20005.
    See the Public Participation section of this notice of proposed 
rulemaking for specific instructions and requirements for submitting 
comments, and for information on how to request a public hearing or 
view or obtain copies of the petition and supporting materials.

FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act 
pursuant to section 1111(d) of the Homeland Security Act of 2002, 
codified at 6 U.S.C. 531(d). The Secretary has delegated various 
authorities through Treasury Department Order 120-01, 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 the standards for the preparation and submission of petitions for 
the establishment or modification of American viticultural areas (AVAs) 
and lists the approved American viticultural areas.

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 the establishment of an AVA and 
provides that any interested party may petition TTB to establish a 
grape-growing region as an AVA. Petitioners may use the same procedures 
to request changes involving existing AVAs. Section 9.12(c) of the TTB 
regulations (27 CFR 9.12(c)) prescribes standards for petitions for 
modifying established AVAs. Petitions to expand an established AVA must 
include the following:
     Evidence that the region within the proposed expansion 
area boundary is nationally or locally known by the name of the 
established AVA;
     An explanation of the basis for defining the boundary of 
the proposed expansion area;
     A narrative description of the features of the proposed 
expansion area affecting viticulture, including climate, geology, 
soils, physical features, and elevation, that make the proposed 
expansion area similar to the established AVA and distinguish it from 
adjacent areas outside the established AVA boundary;
     The appropriate United States Geological Survey (USGS) 
map(s) showing the location of the proposed expansion area, with the 
boundary of the proposed expansion area clearly drawn thereon; and
     A detailed narrative description of the proposed expansion 
area boundary based on USGS map markings.

Petition To Expand the Willamette Valley AVA

    TTB received a petition from Steve Thomson, the executive vice 
president of King Estate Winery in Eugene, Oregon, proposing to expand 
the established ``Willamette Valley'' AVA in northwestern Oregon. The 
Willamette Valley AVA (27 CFR 9.90) was established by T.D. ATF-162, 
which published in the Federal Register on December 1, 1983 (48 FR 
54221). The Willamette Valley AVA covers approximately 5,360 square 
miles in Benton, Lane, Linn, Clackamas, Lincoln, Marion, Multnomah, 
Polk, Tillamook, Washington, and Yamhill Counties. The Willamette 
Valley AVA is not located within any other AVA, but it does contain six 
smaller AVAs: Chehalem Mountains, Dundee Hills, Eola-Amity Hills, 
McMinnville, Ribbon Ridge, and Yamhill-Carlton.
    The proposed expansion area is located in Lane County adjacent to 
the

[[Page 34865]]

southern tip of the existing Willamette Valley AVA boundary and covers 
approximately 29 square miles. The King Estate Winery operates one of 
the two commercial vineyards covering a total of 508 acres located 
within the proposed expansion area, and has provided information that 
the second vineyard affected is also in favor of the proposed 
expansion. King Estate Winery and the second vineyard each have a 
winery within the proposed expansion area. A third winery would also be 
included; however, it does not operate a vineyard within the proposed 
expansion area. The vineyards and the wineries did not exist when the 
Willamette Valley AVA was established in 1983 and currently are not 
located within any AVA. The petition included letters from the 
president of the Willamette Valley Wineries Association and the 
president of the Oregon Winegrowers Association in support of the 
proposed expansion. According to the petition, the soils, climate, and 
topography of the proposed expansion area are consistent with those of 
the established AVA. Unless otherwise noted, all information and data 
pertaining to the proposed expansion area contained in this document 
come from the petition and its supporting exhibits.

Name Evidence

    The petition provides evidence that the proposed expansion area is 
associated with the established Willamette Valley AVA. King Estate 
Winery, where the petitioner is the executive vice president, is 
located within the proposed expansion area and has a ``Eugene, Oregon'' 
mailing address. The city of Eugene is located within the current 
boundaries of the Willamette Valley AVA. The petition also states that 
the two vineyards located within the proposed expansion area are 
included in the National Agricultural Statistics Service's annual 
compilation of vineyard statistics within the region called the ``South 
Willamette Valley.''
    Finally, the petition includes excerpts from wine lists from 11 
different restaurants across the United States and one in Denmark that 
offer wines from the King Estate Winery. Although wines from the King 
Estate Winery use ``Oregon'' as the appellation of origin on their 
labels, the restaurant wine lists all describe the wine as coming from 
``Willamette,'' ``Willamette Valley,'' or ``Willamette, Oregon.'' The 
petition states that these wine lists demonstrate that sellers and 
consumers currently associate the wines made in the proposed expansion 
area with the Willamette Valley AVA, even though the King Estate Winery 
does not market or label the wines as such.

Boundary Evidence

    The Willamette Valley AVA is a long, narrow region encompassing the 
Willamette River basin. The AVA is approximately 120 miles long and 60 
miles wide. The current AVA boundary begins at the intersection of the 
Multnomah-Columbia County line and the Oregon-Washington boundary. The 
current boundary then proceeds southward, primarily following the 
meandering 1,000-foot elevation contour, into Lane County. South of the 
city of Eugene and north of the Siuslaw River, the current AVA boundary 
briefly leaves the 1,000-foot elevation contour near Panther Creek and 
follows a series of straight lines drawn between marked features on the 
USGS maps before reconnecting with the 1,000-foot elevation contour 
near the community of Lorane. The current boundary then follows the 
elevation contour as it meanders southward to Sharps Creek, to a point 
near the Lane-Douglas County line. The current boundary then follows 
the 1,000-foot elevation contour as it turns northward and returns to 
the Oregon-Washington boundary. According to T.D. ATF-162, the 1,000-
foot elevation contour was chosen to form the majority of the AVA 
boundary because 1,000 feet is the maximum elevation for successful 
viticulture in this region of Oregon.
    The boundary of the proposed expansion area would modify the 
portion of the current AVA boundary that follows the straight lines 
drawn between marked features on the USGS maps near Panther Creek, in 
the southwestern portion of the AVA. The proposed expansion boundary 
would not use straight lines between points but instead would continue 
to follow the 1,000-foot elevation contour to the Lane-Douglas county 
line. The proposed expansion area boundary would then proceed east 
along the Lane-Douglas county line until it rejoins the 1,000-foot 
elevation contour, and then proceed north-northeasterly along the 
elevation contour until it joins the current Willamette Valley AVA 
boundary near Lorane. The proposed expansion area would not extend 
south into Douglas County because the Douglas County line forms the 
northern boundary of the Umpqua River Valley AVA (27 CFR 9.89), which 
has features that are distinctive from those of the Willamette Valley 
AVA.
    Both the established Willamette Valley AVA and the proposed 
expansion area are surrounded to the west, east, and immediate south by 
high, steep mountains. To the east are the Cascade Mountains, and to 
the west are the Coast Range Mountains. To the south are the Calapooya 
Mountains, as well as the Umpqua River Valley.

Distinguishing Features

    As justification of the expansion area, which is based on 
similarities in distinguishing features, the expansion petition quotes 
the original Willamette Valley AVA petition, which stated, ``[I]t is 
the intention of the Oregon Winegrowers Association to define this area 
as broadly as geographical data and viticultural experience will allow, 
so as not to stifle experimentation in new sites. * * * If any such 
sites come to light during the evaluation of this petition, we would 
urge they be included in the final description of the viticultural 
area.'' According to the petition, the proposed expansion area contains 
the same climate, soils, and topography as the established Willamette 
Valley AVA. The expansion petition concludes that, had the two 
vineyards in the proposed expansion area existed at the time the 
Willamette Valley AVA was established, the proposed expansion area 
would have been included because the region shares characteristics 
similar to those of the established AVA. Those characteristics are 
discussed in detail below.
Climate
    The petition compared the climate of the proposed expansion area to 
that of the established Willamette Valley AVA and the surrounding 
regions. The petition included a map generated using the PRISM mapping 
system \1\ that showed the growing degree day \2\ (GDD) accumulations 
and average growing season temperatures throughout the proposed 
expansion area, the

[[Page 34866]]

established AVAs within the Willamette Valley AVA, and the surrounding 
regions. The following tables summarize the data from the map:
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    \1\ The 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. (PRISM Climate Group, Oregon State University, 
http://prism.oregonstate.edu, created 4 February 2004.)
    \2\ 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).

                                  Table 1--Average Growing Season Temperatures
                                            [Degrees Fahrenheit (F)]
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                                                                      Average         Average
                            Location                                  minimum         maximum      Average mean
                                                                    temperature     temperature     temperature
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Proposed Expansion Area.........................................            58.2            59.1            58.6
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                                    Temperatures Within Willamette Valley AVA
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Chehalem Mountains AVA..........................................            55.9            59.8            58.7
Eola-Amity Hills AVA............................................            57.6            59.5            58.8
McMinnville AVA.................................................            57.1            59.6            58.9
Yamhill-Carlton AVA.............................................            56.8            59.9            59.0
Ribbon Ridge AVA................................................            58.5            59.4            59.0
Dundee Hills AVA................................................            57.7            59.7            59.1
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                     Temperatures South of Willamette Valley AVA and Proposed Expansion Area
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Umpqua Valley AVA...............................................            55.9            61.5            59.3
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                                    Table 2--Growing Degree Day Accumulations
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                                                                      Average         Average
                            Location                                  minimum         maximum      Average mean
                                                                   accumulations   accumulations   accumulations
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Proposed Expansion Area.........................................            1780            1935            1862
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                                 GDD Accumulations Within Willamette Valley AVA
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Chehalem Mountains AVA..........................................            1382            2093            1885
Eola-Amity Hills AVA............................................            1683            2048            1906
McMinnville AVA.................................................            1597            2059            1919
Yamhill-Carlton AVA.............................................            1544            2124            1930
Ribbon Ridge AVA................................................            1843            2016            1931
Dundee Hills AVA................................................            1692            2077            1946
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                  GDD Accumulations South of Willamette Valley AVA and Proposed Expansion Area
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Umpqua Valley AVA...............................................            1415            2468            2007
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    The PRISM data shows that during the growing season, the proposed 
expansion area and the six established AVAs within the larger 
Willamette Valley AVA all have lower average mean temperatures and 
average maximum temperatures and higher average minimum temperatures 
than the Umpqua Valley AVA. Growing season temperatures within the 
proposed expansion area are most similar to those in the Chehalem 
Mountains, Eola-Amity Hills, and McMinnville AVAs. Although the average 
GDD accumulations within the proposed expansion area are lower than 
those of the six established AVAs within the Willamette Valley AVA, 
they are more similar to those accumulations than to the higher GDD 
accumulations of the Umpqua Valley AVA.
    The petition also included information on the growing season 
temperatures, rainfall amounts, and GDD accumulations from a private 
weather station at the King Estate Vineyard, within the proposed 
expansion area, and from regional weather stations located in Cottage 
Grove, Eugene, and Drain, Oregon. According to the petition, Cottage 
Grove is approximately 11 miles east of the King Estate Vineyard, 
Eugene is approximately 18 miles northeast of the vineyard, and Drain 
is just over 15 miles south of the vineyard. The data was collected 
from each station from April 1 through October 31 from 2008 through 
2012. Although data from Eugene was included in the petition, the 
petitioner states that the data from that location is not a good 
representative of temperatures within the nearby portions of the 
Willamette Valley AVA because the weather station is located at the 
Eugene airport and represents a warmer urban-biased climate. Therefore, 
although all the climate data provided in the petition is available for 
viewing in Docket No. TTB-2015-0008, the Eugene data has been omitted 
from the following table:

                                      Table 3--Growing Season Climate Data
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               Description                   2008        2009        2010        2011        2012       Average
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                              King Estate Vineyard (within proposed expansion area)
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Average Mean Temperature (degrees F)....       57.2        58.4        57.0        56.8        58.5        57.6

[[Page 34867]]

 
GDD Accumulations.......................     1827        2001        1709        1697        1957        1838
Total Precipitation (inches)............        6.84       12.06       21.36       14.09       11.84       13.24
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                Cottage Grove, OR (east of proposed expansion area, within Willamette Valley AVA)
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Average Mean Temperature (degrees F)....       58.3        59.8        58.2        57.8        58.8        58.6
GDD Accumulations.......................     2037        2277        1945        1864        2033        2031
Total Precipitation (inches)............       10.32       14.84       22.85       17.47       17.07       16.51
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                       Drain, OR (south of proposed expansion area, in Umpqua Valley AVA)
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Average Mean Temperature (Degrees F)....       59.9        60.8        60.0        59.8        60.9        60.3
GDD Accumulations.......................     2302        2467        2280        2238        2419        2341
Total Precipitation (inches)............        7.63       12.96       23.06       14.04       15.04       14.55
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    The data shows that although precipitation amounts within the 
proposed expansion area are similar to the precipitation amounts for 
Cottage Grove (located within the Willamette Valley AVA) and Drain 
(located within the Umpqua Valley AVA), the proposed expansion area's 
GDD accumulations are more similar to those of the Willamette Valley 
location. Additionally, the proposed expansion area's average mean 
temperatures are more similar to that of the Willamette Valley 
location. The data from the King Estate Winery weather station, within 
the proposed expansion area, is also similar to that generated by the 
PRISM mapping system for the entire proposed expansion area, which is 
summarized in tables 1 and 2.
Soils
    The petition included an analysis of the soils of the proposed 
expansion area. According to the analysis, the five most common soil 
series within the proposed expansion area are, from most to least 
common, the Bellpine, Willakenzie, Dupee, Jory, and Peavine series. 
These five soils cover approximately 74 percent of the proposed 
expansion area. These soils are also considered to be in the ``xeric'' 
moisture regime of soil classification. Xeric soils are common in 
regions with a ``Mediterranean'' climate, which consists of cool, moist 
winters and warm, dry summers. As a result of the warm, dry summers, 
xeric soils typically retain little water by the end of the growing 
season.
    According to the petition, there are 23 soil series present within 
the Willamette Valley AVA, including all five of the most common soil 
series found within the proposed expansion area. The most common soils 
within the Willamette Valley AVA are from the Jory series, followed by 
soils of the Willakenzie series. Soils of the Bellpine, Dupee, and 
Peavine series are the ninth, eleventh, and twelfth most common soils 
within the Willamette Valley, respectively.
    T.D. ATF-162, which established the Willamette Valley AVA, did not 
describe the soils of the AVA or the surrounding regions in great 
detail, only noting that the soils within the AVA were silty loams and 
clay loams, while the surrounding regions contained ``mountain soils.'' 
The proposed expansion petition describes the soils outside both the 
proposed expansion area and the Willamette Valley AVA in more detail. 
According to the petition, the Peavine soils that are found both in the 
proposed expansion area and the Willamette Valley AVA are also present 
in the surrounding regions outside the AVA and the proposed expansion 
area. However, the region outside the AVA also contains Blanchley, 
Honeygrove Complex, Bohanon, Preacher, Klickitat, Kirney, and Digger 
Complex soils, which are not found in either the proposed expansion 
region or the Willamette Valley AVA. Additionally, the petition notes 
that, with the exception of the Peavine soils, the soils outside the 
proposed expansion area and the Willamette Valley AVA are all in the 
``udic'' moisture regime of soil classification. Udic soils are common 
in humid climates where rainfall is evenly distributed throughout the 
year. As a result, udic soils typically retain even amounts of moisture 
throughout the year, unlike the drier xeric soils of the proposed 
expansion area and the Willamette Valley AVA.
Topography
    The proposed expansion area is located on the leeward side of the 
Coast Range Mountains, which shelter the proposed expansion area from 
most of the cool, moist marine air that flows inward from the Pacific 
Ocean. The terrain of the proposed expansion area is comprised of 
foothills and valleys. Elevations within the area range from 
approximately 500 to 1,200 feet. Vineyards within the proposed 
expansion area are planted on hillsides at elevations between 
approximately 600 feet and 1,050 feet.
    The topography of the proposed expansion area is similar to that of 
the established Willamette Valley AVA. The established AVA is composed 
of rolling hills and valleys between the Coast Range Mountains, which 
are to the west of the established AVA, and the Cascade Mountains, 
which are to its east. The Coast Range Mountains shelter the AVA from 
much of the marine air. Elevations within the AVA are between 
approximately 115 feet and 1,630 feet. Vineyards are planted on 
hillsides at elevations between 200 feet and 1,300 feet. Both the 
Willamette Valley AVA and the proposed expansion area are surrounded by 
the higher, more mountainous Cascade Mountains to the east of the two 
areas, the Calapooya Mountains to their south, and the Coast Range 
Mountains to their west.
    Much of the land within the Willamette Valley AVA is part of the 
Willamette Valley watershed. However, the petition notes that there are 
portions of the AVA that drain into other rivers, including 
``significant acres of land'' in the northern portion of the AVA that 
drain into the Columbia River. Other portions of the AVA drain into the 
Sandy River and the Siuslaw River. The proposed expansion area drains 
into both the Willamette River and the Siuslaw River. By contrast, the 
region south of the proposed expansion area and the Willamette Valley 
AVA drains exclusively into the Umpqua River.

TTB Determination

    TTB concludes that the petition to expand the boundaries of the 
established Willamette Valley AVA merits consideration and public

[[Page 34868]]

comment, as invited in this notice of proposed rulemaking.

Boundary Description

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

Maps

    To document the existing and proposed boundaries of the Willamette 
Valley AVA, the petitioner provided a copy of the required map, and it 
is listed below in the proposed regulatory text.

Impact on Current Wine Labels

    For a wine to be labeled with a viticultural area name or with a 
brand name that includes an AVA name, at least 85 percent of the wine 
must be derived from grapes grown within the area represented by that 
name, and the wine must meet the other conditions listed in Sec.  
4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)). If the wine is 
not eligible for labeling with an AVA name and that name appears in the 
brand name, then the label is not in compliance and the bottler must 
change the brand name and obtain approval of a new label. Similarly, if 
the AVA name appears in another reference on the label in a misleading 
manner, the bottler would have to obtain approval of a new label. 
Different rules apply if a wine has a brand name containing an AVA name 
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.
    The approval of the proposed expansion of the Willamette Valley AVA 
would not affect any other existing viticultural area. The expansion of 
the Willamette Valley AVA would allow vintners to use ``Willamette 
Valley'' as an appellation of origin for wines made primarily from 
grapes grown within the proposed expansion area 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 expand the Willamette Valley AVA as proposed. TTB is 
specifically interested in receiving comments on the similarity of the 
proposed expansion area to the established Willamette Valley AVA, as 
well as the differences between the proposed expansion area and the 
areas outside the Willamette Valley AVA. Please provide specific 
information in support of your comments.

Submitting Comments

    You may submit comments on this notice of proposed rulemaking 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 of proposed rulemaking 
within Docket No. TTB-2015-0008 on ``Regulations.gov,'' the Federal e-
rulemaking portal, at http://www.regulations.gov. A direct link to that 
docket is available under Notice No. 152 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 400, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
notice of proposed rulemaking. Your comments must reference Notice No. 
152 and include your name and mailing address. Your comments also must 
be made in English, be legible, and be written in language acceptable 
for public disclosure. 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 of proposed 
rulemaking, selected supporting materials, and any online or mailed 
comments received about this proposal within Docket No. TTB-2015-0008 
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. 152. 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 Web 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 of proposed rulemaking, 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 an AVA name would be the result of a proprietor's 
efforts and consumer acceptance of wines from that area. Therefore, no 
regulatory flexibility analysis is required.

[[Page 34869]]

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. Section 9.90 is amended by revising paragraph (b) introductory text, 
adding new paragraph (b)(4), removing paragraphs (c)(11) through 
(c)(13), redesignating paragraphs (c)(14) through (c)(32) as paragraphs 
(c)(18) through (c)(36), and adding new paragraphs (c)(11) through 
(c)(17) to read as follows:


Sec.  9.90  Willamette Valley.

* * * * *
    (b) Approved maps. The approved maps for determining the boundaries 
of the Willamette Valley viticultural area are three U.S.G.S. Oregon 
maps scaled 1:250,000 and one U.S.G.S. Oregon map scaled 1:24,000. They 
are entitled:
* * * * *
    (4) ``Letz Creek, OR'' (revised 1984).
    (c) * * *
    (11) Northeast, then southeast along the 1,000 foot contour line 
approximately 12 miles to its intersection with the R5W/R6W range line;
    (12) South along the R5W/R6W range line approximately 0.25 mile to 
the intersection with the 1,000 foot contour line;
    (13) Generally southeast along the meandering 1,000 foot contour 
line, crossing onto the Letz Creek map, to a point on the 1,000 foot 
contour line located due north of the intersection of Siuslaw River 
Road and Fire Road;
    (14) South in a straight line approximately 0.55 mile, crossing 
over the Siuslaw River and the intersection of Siuslaw River Road and 
Fire Road, to the 1,000 foot contour line;
    (15) Generally southeast along the meandering 1,000 foot contour 
line, crossing onto the Roseburg, Oregon map, to the intersection of 
the 1,000 foot contour line with the Lane/Douglas County line;
    (16) East along the Lane/Douglas County line approximately 3.8 
miles to the intersection with the 1,000 foot contour line just east of 
the South Fork of the Siuslaw River;
    (17) Generally north, then northeast along the 1,000 foot contour 
line around Spencer Butte, and then generally south to a point along 
the Lane/Douglas County line 0.5 mile north of Interstate Highway 99;
* * * * *

    Signed: June 11, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-15036 Filed 6-17-15; 8:45 am]
 BILLING CODE 4810-31-P



                                                      34864                    Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules

                                                        Signed: June 11, 2015.                                Rulings Division, Alcohol and Tobacco                  by TTB of the wine produced in that
                                                      John J. Manfreda,                                       Tax and Trade Bureau, 1310 G Street                    area.
                                                      Administrator.                                          NW., Box 12, Washington, DC 20005;
                                                                                                                                                                     Requirements
                                                      [FR Doc. 2015–15037 Filed 6–17–15; 8:45 am]             phone 202–453–1039, ext. 175.
                                                                                                                                                                        Section 4.25(e)(2) of the TTB
                                                      BILLING CODE 4810–31–P                                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                     regulations (27 CFR 4.25(e)(2)) outlines
                                                                                                              Background on Viticultural Areas                       the procedure for proposing the
                                                      DEPARTMENT OF THE TREASURY                                                                                     establishment of an AVA and provides
                                                                                                              TTB Authority                                          that any interested party may petition
                                                      Alcohol and Tobacco Tax and Trade                          Section 105(e) of the Federal Alcohol               TTB to establish a grape-growing region
                                                      Bureau                                                  Administration Act (FAA Act), 27                       as an AVA. Petitioners may use the
                                                                                                              U.S.C. 205(e), authorizes the Secretary                same procedures to request changes
                                                      27 CFR Part 9                                           of the Treasury to prescribe regulations               involving existing AVAs. Section 9.12(c)
                                                                                                              for the labeling of wine, distilled spirits,           of the TTB regulations (27 CFR 9.12(c))
                                                      [Docket No. TTB–2015–0008; Notice No.
                                                                                                              and malt beverages. The FAA Act                        prescribes standards for petitions for
                                                      152]
                                                                                                              provides that these regulations should,                modifying established AVAs. Petitions
                                                      RIN 1513–AC21                                           among other things, prohibit consumer                  to expand an established AVA must
                                                                                                              deception and the use of misleading                    include the following:
                                                      Proposed Expansion of the Willamette
                                                                                                              statements on labels and ensure that                      • Evidence that the region within the
                                                      Valley Viticultural Area                                                                                       proposed expansion area boundary is
                                                                                                              labels provide the consumer with
                                                      AGENCY: Alcohol and Tobacco Tax and                     adequate information as to the identity                nationally or locally known by the name
                                                      Trade Bureau, Treasury.                                 and quality of the product. The Alcohol                of the established AVA;
                                                                                                              and Tobacco Tax and Trade Bureau                          • An explanation of the basis for
                                                      ACTION: Notice of proposed rulemaking.
                                                                                                              (TTB) administers the FAA Act                          defining the boundary of the proposed
                                                      SUMMARY:   The Alcohol and Tobacco Tax                  pursuant to section 1111(d) of the                     expansion area;
                                                      and Trade Bureau (TTB) proposes to                      Homeland Security Act of 2002,                            • A narrative description of the
                                                      expand the approximately 5,360-square                   codified at 6 U.S.C. 531(d). The                       features of the proposed expansion area
                                                      mile ‘‘Willamette Valley’’ viticultural                 Secretary has delegated various                        affecting viticulture, including climate,
                                                      area in northwestern Oregon by                          authorities through Treasury                           geology, soils, physical features, and
                                                      approximately 29 square miles. The                      Department Order 120–01, dated                         elevation, that make the proposed
                                                      established Willamette Valley                           December 10, 2013, to the TTB                          expansion area similar to the
                                                      viticultural area and the proposed                      Administrator to perform the functions                 established AVA and distinguish it from
                                                      expansion area do not lie within any                    and duties in the administration and                   adjacent areas outside the established
                                                      other viticultural area. TTB designates                 enforcement of this law.                               AVA boundary;
                                                      viticultural areas to allow vintners to                                                                           • The appropriate United States
                                                                                                                 Part 4 of the TTB regulations (27 CFR               Geological Survey (USGS) map(s)
                                                      better describe the origin of their wines               part 4) authorizes TTB to establish
                                                      and to allow consumers to better                                                                               showing the location of the proposed
                                                                                                              definitive viticultural areas and regulate             expansion area, with the boundary of
                                                      identify wines they may purchase. TTB                   the use of their names as appellations of
                                                      invites comments on this proposed                                                                              the proposed expansion area clearly
                                                                                                              origin on wine labels and in wine                      drawn thereon; and
                                                      addition to its regulations.                            advertisements. Part 9 of the TTB                         • A detailed narrative description of
                                                      DATES: Comments must be received by                     regulations (27 CFR part 9) sets forth the             the proposed expansion area boundary
                                                      August 17, 2015.                                        standards for the preparation and                      based on USGS map markings.
                                                      ADDRESSES: Please send your comments                    submission of petitions for the
                                                      on this notice of proposed rulemaking to                establishment or modification of                       Petition To Expand the Willamette
                                                      one of the following addresses:                         American viticultural areas (AVAs) and                 Valley AVA
                                                         • Internet: http://www.regulations.gov               lists the approved American viticultural                 TTB received a petition from Steve
                                                      (via the online comment form for this                   areas.                                                 Thomson, the executive vice president
                                                      notice of proposed rulemaking as posted                                                                        of King Estate Winery in Eugene,
                                                                                                              Definition
                                                      within Docket No. TTB–2015–0008 at                                                                             Oregon, proposing to expand the
                                                      ‘‘Regulations.gov,’’ the Federal e-                       Section 4.25(e)(1)(i) of the TTB                     established ‘‘Willamette Valley’’ AVA in
                                                      rulemaking portal);                                     regulations (27 CFR 4.25(e)(1)(i)) defines             northwestern Oregon. The Willamette
                                                         • U.S. Mail: Director, Regulations and               a viticultural area for American wine as               Valley AVA (27 CFR 9.90) was
                                                      Rulings Division, Alcohol and Tobacco                   a delimited grape-growing region having                established by T.D. ATF–162, which
                                                      Tax and Trade Bureau, 1310 G Street                     distinguishing features, as described in               published in the Federal Register on
                                                      NW., Box 12, Washington, DC 20005; or                   part 9 of the regulations, and a name                  December 1, 1983 (48 FR 54221). The
                                                         • Hand delivery/courier in lieu of                   and a delineated boundary, as                          Willamette Valley AVA covers
                                                      mail: Alcohol and Tobacco Tax and                       established in part 9 of the regulations.              approximately 5,360 square miles in
                                                      Trade Bureau, 1310 G Street NW., Suite                  These designations allow vintners and                  Benton, Lane, Linn, Clackamas, Lincoln,
                                                      400, Washington, DC 20005.                              consumers to attribute a given quality,                Marion, Multnomah, Polk, Tillamook,
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                         See the Public Participation section of              reputation, or other characteristic of a               Washington, and Yamhill Counties. The
                                                      this notice of proposed rulemaking for                  wine made from grapes grown in an area                 Willamette Valley AVA is not located
                                                      specific instructions and requirements                  to the wine’s geographic origin. The                   within any other AVA, but it does
                                                      for submitting comments, and for                        establishment of AVAs allows vintners                  contain six smaller AVAs: Chehalem
                                                      information on how to request a public                  to describe more accurately the origin of              Mountains, Dundee Hills, Eola-Amity
                                                      hearing or view or obtain copies of the                 their wines to consumers and helps                     Hills, McMinnville, Ribbon Ridge, and
                                                      petition and supporting materials.                      consumers to identify wines they may                   Yamhill-Carlton.
                                                      FOR FURTHER INFORMATION CONTACT:                        purchase. Establishment of an AVA is                     The proposed expansion area is
                                                      Karen A. Thornton, Regulations and                      neither an approval nor an endorsement                 located in Lane County adjacent to the


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                                                                              Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules                                                      34865

                                                      southern tip of the existing Willamette                 describe the wine as coming from                        north-northeasterly along the elevation
                                                      Valley AVA boundary and covers                          ‘‘Willamette,’’ ‘‘Willamette Valley,’’ or               contour until it joins the current
                                                      approximately 29 square miles. The                      ‘‘Willamette, Oregon.’’ The petition                    Willamette Valley AVA boundary near
                                                      King Estate Winery operates one of the                  states that these wine lists demonstrate                Lorane. The proposed expansion area
                                                      two commercial vineyards covering a                     that sellers and consumers currently                    would not extend south into Douglas
                                                      total of 508 acres located within the                   associate the wines made in the                         County because the Douglas County line
                                                      proposed expansion area, and has                        proposed expansion area with the                        forms the northern boundary of the
                                                      provided information that the second                    Willamette Valley AVA, even though                      Umpqua River Valley AVA (27 CFR
                                                      vineyard affected is also in favor of the               the King Estate Winery does not market                  9.89), which has features that are
                                                      proposed expansion. King Estate Winery                  or label the wines as such.                             distinctive from those of the Willamette
                                                      and the second vineyard each have a                                                                             Valley AVA.
                                                                                                              Boundary Evidence                                         Both the established Willamette
                                                      winery within the proposed expansion
                                                      area. A third winery would also be                         The Willamette Valley AVA is a long,                 Valley AVA and the proposed
                                                      included; however, it does not operate                  narrow region encompassing the                          expansion area are surrounded to the
                                                      a vineyard within the proposed                          Willamette River basin. The AVA is                      west, east, and immediate south by
                                                      expansion area. The vineyards and the                   approximately 120 miles long and 60                     high, steep mountains. To the east are
                                                      wineries did not exist when the                         miles wide. The current AVA boundary                    the Cascade Mountains, and to the west
                                                      Willamette Valley AVA was established                   begins at the intersection of the                       are the Coast Range Mountains. To the
                                                      in 1983 and currently are not located                   Multnomah-Columbia County line and                      south are the Calapooya Mountains, as
                                                      within any AVA. The petition included                   the Oregon-Washington boundary. The                     well as the Umpqua River Valley.
                                                      letters from the president of the                       current boundary then proceeds
                                                                                                              southward, primarily following the                      Distinguishing Features
                                                      Willamette Valley Wineries Association
                                                      and the president of the Oregon                         meandering 1,000-foot elevation                            As justification of the expansion area,
                                                      Winegrowers Association in support of                   contour, into Lane County. South of the                 which is based on similarities in
                                                      the proposed expansion. According to                    city of Eugene and north of the Siuslaw                 distinguishing features, the expansion
                                                      the petition, the soils, climate, and                   River, the current AVA boundary briefly                 petition quotes the original Willamette
                                                      topography of the proposed expansion                    leaves the 1,000-foot elevation contour                 Valley AVA petition, which stated, ‘‘[I]t
                                                      area are consistent with those of the                   near Panther Creek and follows a series                 is the intention of the Oregon
                                                      established AVA. Unless otherwise                       of straight lines drawn between marked                  Winegrowers Association to define this
                                                      noted, all information and data                         features on the USGS maps before                        area as broadly as geographical data and
                                                      pertaining to the proposed expansion                    reconnecting with the 1,000-foot                        viticultural experience will allow, so as
                                                      area contained in this document come                    elevation contour near the community                    not to stifle experimentation in new
                                                      from the petition and its supporting                    of Lorane. The current boundary then                    sites. * * * If any such sites come to
                                                      exhibits.                                               follows the elevation contour as it                     light during the evaluation of this
                                                                                                              meanders southward to Sharps Creek, to                  petition, we would urge they be
                                                      Name Evidence                                           a point near the Lane-Douglas County                    included in the final description of the
                                                         The petition provides evidence that                  line. The current boundary then follows                 viticultural area.’’ According to the
                                                      the proposed expansion area is                          the 1,000-foot elevation contour as it                  petition, the proposed expansion area
                                                      associated with the established                         turns northward and returns to the                      contains the same climate, soils, and
                                                      Willamette Valley AVA. King Estate                      Oregon-Washington boundary.                             topography as the established
                                                      Winery, where the petitioner is the                     According to T.D. ATF–162, the 1,000-                   Willamette Valley AVA. The expansion
                                                      executive vice president, is located                    foot elevation contour was chosen to                    petition concludes that, had the two
                                                      within the proposed expansion area and                  form the majority of the AVA boundary                   vineyards in the proposed expansion
                                                      has a ‘‘Eugene, Oregon’’ mailing                        because 1,000 feet is the maximum                       area existed at the time the Willamette
                                                      address. The city of Eugene is located                  elevation for successful viticulture in                 Valley AVA was established, the
                                                      within the current boundaries of the                    this region of Oregon.                                  proposed expansion area would have
                                                      Willamette Valley AVA. The petition                        The boundary of the proposed                         been included because the region shares
                                                      also states that the two vineyards                      expansion area would modify the                         characteristics similar to those of the
                                                      located within the proposed expansion                   portion of the current AVA boundary                     established AVA. Those characteristics
                                                      area are included in the National                       that follows the straight lines drawn                   are discussed in detail below.
                                                      Agricultural Statistics Service’s annual                between marked features on the USGS
                                                      compilation of vineyard statistics within               maps near Panther Creek, in the                         Climate
                                                      the region called the ‘‘South Willamette                southwestern portion of the AVA. The                      The petition compared the climate of
                                                      Valley.’’                                               proposed expansion boundary would                       the proposed expansion area to that of
                                                         Finally, the petition includes excerpts              not use straight lines between points but               the established Willamette Valley AVA
                                                      from wine lists from 11 different                       instead would continue to follow the                    and the surrounding regions. The
                                                      restaurants across the United States and                1,000-foot elevation contour to the Lane-               petition included a map generated using
                                                      one in Denmark that offer wines from                    Douglas county line. The proposed                       the PRISM mapping system 1 that
                                                      the King Estate Winery. Although wines                  expansion area boundary would then                      showed the growing degree day 2 (GDD)
                                                      from the King Estate Winery use                         proceed east along the Lane–Douglas                     accumulations and average growing
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                                                      ‘‘Oregon’’ as the appellation of origin on              county line until it rejoins the 1,000-foot             season temperatures throughout the
                                                      their labels, the restaurant wine lists all             elevation contour, and then proceed                     proposed expansion area, the
                                                        1 The PRISM climate data mapping system               data, and at the time the petition was submitted, the   season, measured in annual growing degree days
                                                      combined climate normals gathered from weather          most recent climate normals available were from         (GDD), defines climatic regions. One GDD
                                                      stations, along with other factors such as elevation,   the period of 1971–2000. (PRISM Climate Group,          accumulates for each degree Fahrenheit that a day’s
                                                      longitude, slope angles, and solar aspect to estimate   Oregon State University, http://                        mean temperature is above 50 degrees, the
                                                      the general climate patterns for the proposed AVA       prism.oregonstate.edu, created 4 February 2004.)        minimum temperature required for grapevine
                                                      and the surrounding regions. Climate normals are          2 In the Winkler climate classification system,       growth (‘‘General Viticulture,’’ by Albert J. Winkler,
                                                      only calculated every 10 years, using 30 years of       annual heat accumulation during the growing             University of California Press, 1974, pages 61–64).



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                                                      34866                           Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules

                                                      established AVAs within the Willamette                                  regions. The following tables summarize
                                                      Valley AVA, and the surrounding                                         the data from the map:

                                                                                                                TABLE 1—AVERAGE GROWING SEASON TEMPERATURES
                                                                                                                                               [Degrees Fahrenheit (F)]

                                                                                                                                                                                                      Average           Average           Average
                                                                                                                    Location                                                                          minimum          maximum             mean
                                                                                                                                                                                                    temperature       temperature       temperature

                                                      Proposed Expansion Area ...........................................................................................................                   58.2              59.1              58.6

                                                                                                                              Temperatures Within Willamette Valley AVA

                                                      Chehalem Mountains AVA ..........................................................................................................                     55.9              59.8              58.7
                                                      Eola-Amity Hills AVA ...................................................................................................................              57.6              59.5              58.8
                                                      McMinnville AVA ..........................................................................................................................            57.1              59.6              58.9
                                                      Yamhill-Carlton AVA ....................................................................................................................              56.8              59.9              59.0
                                                      Ribbon Ridge AVA .......................................................................................................................              58.5              59.4              59.0
                                                      Dundee Hills AVA ........................................................................................................................             57.7              59.7              59.1

                                                                                                    Temperatures South of Willamette Valley AVA and Proposed Expansion Area

                                                      Umpqua Valley AVA ....................................................................................................................                55.9              61.5              59.3


                                                                                                                   TABLE 2—GROWING DEGREE DAY ACCUMULATIONS
                                                                                                                                                                                                      Average           Average           Average
                                                                                                                    Location                                                                         minimum           maximum             mean
                                                                                                                                                                                                   accumulations     accumulations     accumulations

                                                      Proposed Expansion Area ...........................................................................................................                   1780             1935              1862

                                                                                                                         GDD Accumulations Within Willamette Valley AVA

                                                      Chehalem Mountains AVA ..........................................................................................................                     1382             2093              1885
                                                      Eola-Amity Hills AVA ...................................................................................................................              1683             2048              1906
                                                      McMinnville AVA ..........................................................................................................................            1597             2059              1919
                                                      Yamhill-Carlton AVA ....................................................................................................................              1544             2124              1930
                                                      Ribbon Ridge AVA .......................................................................................................................              1843             2016              1931
                                                      Dundee Hills AVA ........................................................................................................................             1692             2077              1946

                                                                                               GDD Accumulations South of Willamette Valley AVA and Proposed Expansion Area

                                                      Umpqua Valley AVA ....................................................................................................................                1415             2468              2007



                                                        The PRISM data shows that during                                      are more similar to those accumulations                                south of the vineyard. The data was
                                                      the growing season, the proposed                                        than to the higher GDD accumulations                                   collected from each station from April 1
                                                      expansion area and the six established                                  of the Umpqua Valley AVA.                                              through October 31 from 2008 through
                                                      AVAs within the larger Willamette                                          The petition also included                                          2012. Although data from Eugene was
                                                      Valley AVA all have lower average                                       information on the growing season                                      included in the petition, the petitioner
                                                      mean temperatures and average                                           temperatures, rainfall amounts, and                                    states that the data from that location is
                                                      maximum temperatures and higher                                         GDD accumulations from a private                                       not a good representative of
                                                      average minimum temperatures than the                                   weather station at the King Estate                                     temperatures within the nearby portions
                                                      Umpqua Valley AVA. Growing season                                       Vineyard, within the proposed                                          of the Willamette Valley AVA because
                                                      temperatures within the proposed                                        expansion area, and from regional                                      the weather station is located at the
                                                      expansion area are most similar to those                                weather stations located in Cottage                                    Eugene airport and represents a warmer
                                                      in the Chehalem Mountains, Eola-Amity                                   Grove, Eugene, and Drain, Oregon.                                      urban-biased climate. Therefore,
                                                      Hills, and McMinnville AVAs. Although                                   According to the petition, Cottage Grove                               although all the climate data provided
                                                      the average GDD accumulations within                                    is approximately 11 miles east of the                                  in the petition is available for viewing
                                                      the proposed expansion area are lower                                   King Estate Vineyard, Eugene is                                        in Docket No. TTB–2015–0008, the
                                                      than those of the six established AVAs                                  approximately 18 miles northeast of the                                Eugene data has been omitted from the
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                                                      within the Willamette Valley AVA, they                                  vineyard, and Drain is just over 15 miles                              following table:

                                                                                                                          TABLE 3—GROWING SEASON CLIMATE DATA
                                                                                            Description                                                     2008                2009               2010           2011        2012         Average

                                                                                                                     King Estate Vineyard (within proposed expansion area)

                                                      Average Mean Temperature (degrees F) ....................................                                 57.2                58.4             57.0            56.8       58.5           57.6



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                                                                                   Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules                                                       34867

                                                                                                          TABLE 3—GROWING SEASON CLIMATE DATA—Continued
                                                                                         Description                                                 2008              2009         2010          2011      2012       Average

                                                      GDD Accumulations .....................................................................        1827              2001         1709          1697      1957        1838
                                                      Total Precipitation (inches) ..........................................................           6.84             12.06        21.36         14.09     11.84       13.24

                                                                                           Cottage Grove, OR (east of proposed expansion area, within Willamette Valley AVA)

                                                      Average Mean Temperature (degrees F) ....................................                        58.3              59.8         58.2          57.8      58.8        58.6
                                                      GDD Accumulations .....................................................................        2037              2277         1945          1864      2033        2031
                                                      Total Precipitation (inches) ..........................................................          10.32             14.84        22.85         17.47     17.07       16.51

                                                                                                     Drain, OR (south of proposed expansion area, in Umpqua Valley AVA)

                                                      Average Mean Temperature (Degrees F) ...................................                         59.9              60.8         60.0          59.8      60.9        60.3
                                                      GDD Accumulations .....................................................................        2302              2467         2280          2238      2419        2341
                                                      Total Precipitation (inches) ..........................................................           7.63             12.96        23.06         14.04     15.04       14.55



                                                        The data shows that although                                     Peavine series are the ninth, eleventh,                      Elevations within the area range from
                                                      precipitation amounts within the                                   and twelfth most common soils within                         approximately 500 to 1,200 feet.
                                                      proposed expansion area are similar to                             the Willamette Valley, respectively.                         Vineyards within the proposed
                                                      the precipitation amounts for Cottage                                T.D. ATF–162, which established the                        expansion area are planted on hillsides
                                                      Grove (located within the Willamette                               Willamette Valley AVA, did not                               at elevations between approximately
                                                      Valley AVA) and Drain (located within                              describe the soils of the AVA or the                         600 feet and 1,050 feet.
                                                      the Umpqua Valley AVA), the proposed                               surrounding regions in great detail, only                       The topography of the proposed
                                                      expansion area’s GDD accumulations                                 noting that the soils within the AVA                         expansion area is similar to that of the
                                                      are more similar to those of the                                   were silty loams and clay loams, while                       established Willamette Valley AVA. The
                                                      Willamette Valley location.                                        the surrounding regions contained                            established AVA is composed of rolling
                                                      Additionally, the proposed expansion                               ‘‘mountain soils.’’ The proposed                             hills and valleys between the Coast
                                                      area’s average mean temperatures are                               expansion petition describes the soils                       Range Mountains, which are to the west
                                                      more similar to that of the Willamette                             outside both the proposed expansion                          of the established AVA, and the Cascade
                                                      Valley location. The data from the King                            area and the Willamette Valley AVA in                        Mountains, which are to its east. The
                                                      Estate Winery weather station, within                              more detail. According to the petition,                      Coast Range Mountains shelter the AVA
                                                      the proposed expansion area, is also                               the Peavine soils that are found both in                     from much of the marine air. Elevations
                                                      similar to that generated by the PRISM                             the proposed expansion area and the                          within the AVA are between
                                                      mapping system for the entire proposed                             Willamette Valley AVA are also present                       approximately 115 feet and 1,630 feet.
                                                      expansion area, which is summarized in                             in the surrounding regions outside the                       Vineyards are planted on hillsides at
                                                      tables 1 and 2.                                                    AVA and the proposed expansion area.                         elevations between 200 feet and 1,300
                                                                                                                         However, the region outside the AVA                          feet. Both the Willamette Valley AVA
                                                      Soils                                                              also contains Blanchley, Honeygrove                          and the proposed expansion area are
                                                         The petition included an analysis of                            Complex, Bohanon, Preacher, Klickitat,                       surrounded by the higher, more
                                                      the soils of the proposed expansion                                Kirney, and Digger Complex soils,                            mountainous Cascade Mountains to the
                                                      area. According to the analysis, the five                          which are not found in either the                            east of the two areas, the Calapooya
                                                      most common soil series within the                                 proposed expansion region or the                             Mountains to their south, and the Coast
                                                      proposed expansion area are, from most                             Willamette Valley AVA. Additionally,                         Range Mountains to their west.
                                                      to least common, the Bellpine,                                     the petition notes that, with the
                                                      Willakenzie, Dupee, Jory, and Peavine                              exception of the Peavine soils, the soils                       Much of the land within the
                                                      series. These five soils cover                                     outside the proposed expansion area                          Willamette Valley AVA is part of the
                                                      approximately 74 percent of the                                    and the Willamette Valley AVA are all                        Willamette Valley watershed. However,
                                                      proposed expansion area. These soils                               in the ‘‘udic’’ moisture regime of soil                      the petition notes that there are portions
                                                      are also considered to be in the ‘‘xeric’’                         classification. Udic soils are common in                     of the AVA that drain into other rivers,
                                                      moisture regime of soil classification.                            humid climates where rainfall is evenly                      including ‘‘significant acres of land’’ in
                                                      Xeric soils are common in regions with                             distributed throughout the year. As a                        the northern portion of the AVA that
                                                      a ‘‘Mediterranean’’ climate, which                                 result, udic soils typically retain even                     drain into the Columbia River. Other
                                                      consists of cool, moist winters and                                amounts of moisture throughout the                           portions of the AVA drain into the
                                                      warm, dry summers. As a result of the                              year, unlike the drier xeric soils of the                    Sandy River and the Siuslaw River. The
                                                      warm, dry summers, xeric soils                                     proposed expansion area and the                              proposed expansion area drains into
                                                      typically retain little water by the end                           Willamette Valley AVA.                                       both the Willamette River and the
                                                      of the growing season.                                                                                                          Siuslaw River. By contrast, the region
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                                                         According to the petition, there are 23                         Topography                                                   south of the proposed expansion area
                                                      soil series present within the Willamette                             The proposed expansion area is                            and the Willamette Valley AVA drains
                                                      Valley AVA, including all five of the                              located on the leeward side of the Coast                     exclusively into the Umpqua River.
                                                      most common soil series found within                               Range Mountains, which shelter the                           TTB Determination
                                                      the proposed expansion area. The most                              proposed expansion area from most of
                                                      common soils within the Willamette                                 the cool, moist marine air that flows                          TTB concludes that the petition to
                                                      Valley AVA are from the Jory series,                               inward from the Pacific Ocean. The                           expand the boundaries of the
                                                      followed by soils of the Willakenzie                               terrain of the proposed expansion area                       established Willamette Valley AVA
                                                      series. Soils of the Bellpine, Dupee, and                          is comprised of foothills and valleys.                       merits consideration and public


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                                                      34868                   Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules

                                                      comment, as invited in this notice of                   information in support of your                         Confidentiality
                                                      proposed rulemaking.                                    comments.                                                 All submitted comments and
                                                      Boundary Description                                    Submitting Comments                                    attachments are part of the public record
                                                                                                                                                                     and subject to disclosure. Do not
                                                        See the narrative description of the                     You may submit comments on this                     enclose any material in your comments
                                                      boundary of the petitioned-for                          notice of proposed rulemaking by using                 that you consider to be confidential or
                                                      expansion area in the proposed                          one of the following three methods:                    inappropriate for public disclosure.
                                                      regulatory text published at the end of                    • Federal e-Rulemaking Portal: You
                                                      this proposed rule.                                     may send comments via the online                       Public Disclosure
                                                      Maps                                                    comment form posted with this notice                      TTB will post, and you may view,
                                                                                                              of proposed rulemaking within Docket                   copies of this notice of proposed
                                                        To document the existing and                          No. TTB–2015–0008 on                                   rulemaking, selected supporting
                                                      proposed boundaries of the Willamette                   ‘‘Regulations.gov,’’ the Federal                       materials, and any online or mailed
                                                      Valley AVA, the petitioner provided a                   e-rulemaking portal, at http://                        comments received about this proposal
                                                      copy of the required map, and it is listed              www.regulations.gov. A direct link to                  within Docket No. TTB–2015–0008 on
                                                      below in the proposed regulatory text.                  that docket is available under Notice                  the Federal e-rulemaking portal,
                                                      Impact on Current Wine Labels                           No. 152 on the TTB Web site at                         Regulations.gov, at http://
                                                                                                              http://www.ttb.gov/wine/wine-                          www.regulations.gov. A direct link to
                                                         For a wine to be labeled with a                      rulemaking.shtml. Supplemental files                   that docket is available on the TTB Web
                                                      viticultural area name or with a brand                  may be attached to comments submitted                  site at http://www.ttb.gov/wine/wine_
                                                      name that includes an AVA name, at                      via Regulations.gov. For complete                      rulemaking.shtml under Notice No. 152.
                                                      least 85 percent of the wine must be                    instructions on how to use                             You may also reach the relevant docket
                                                      derived from grapes grown within the                    Regulations.gov, visit the site and click              through the Regulations.gov search page
                                                      area represented by that name, and the                  on the ‘‘Help’’ tab.                                   at http://www.regulations.gov. For
                                                      wine must meet the other conditions                        • U.S. Mail: You may send comments                  information on how to use
                                                      listed in § 4.25(e)(3) of the TTB                       via postal mail to the Director,                       Regulations.gov, click on the Web site’s
                                                      regulations (27 CFR 4.25(e)(3)). If the                 Regulations and Rulings Division,                      ‘‘Help’’ tab.
                                                      wine is not eligible for labeling with an               Alcohol and Tobacco Tax and Trade                         All posted comments will display the
                                                      AVA name and that name appears in the                   Bureau, 1310 G Street NW., Box 12,                     commenter’s name, organization (if
                                                      brand name, then the label is not in                    Washington, DC 20005.                                  any), city, and State, and, in the case of
                                                      compliance and the bottler must change                     • Hand Delivery/Courier: You may                    mailed comments, all address
                                                      the brand name and obtain approval of                   hand-carry your comments or have them                  information, including email addresses.
                                                      a new label. Similarly, if the AVA name                 hand-carried to the Alcohol and                        TTB may omit voluminous attachments
                                                      appears in another reference on the                     Tobacco Tax and Trade Bureau, 1310 G                   or material that the Bureau considers
                                                      label in a misleading manner, the bottler               Street NW., Suite 400, Washington, DC                  unsuitable for posting.
                                                      would have to obtain approval of a new                  20005.                                                    You may also view copies of this
                                                      label. Different rules apply if a wine has                                                                     notice of proposed rulemaking, all
                                                                                                                 Please submit your comments by the
                                                      a brand name containing an AVA name                                                                            related petitions, maps and other
                                                                                                              closing date shown above in this notice
                                                      or other viticulturally significant term                                                                       supporting materials, and any electronic
                                                                                                              of proposed rulemaking. Your
                                                      that was used as a brand name on a                                                                             or mailed comments that TTB receives
                                                                                                              comments must reference Notice No.
                                                      label approved before July 7, 1986. See                                                                        about this proposal by appointment at
                                                                                                              152 and include your name and mailing
                                                      § 4.39(i)(2) of the TTB regulations (27                                                                        the TTB Information Resource Center,
                                                                                                              address. Your comments also must be
                                                      CFR 4.39(i)(2)) for details.                                                                                   1310 G Street NW., Washington, DC
                                                                                                              made in English, be legible, and be
                                                         The approval of the proposed                                                                                20005. You may also obtain copies at 20
                                                                                                              written in language acceptable for
                                                      expansion of the Willamette Valley                                                                             cents per 8.5- x 11-inch page. Please
                                                                                                              public disclosure. TTB does not                        note that TTB is unable to provide
                                                      AVA would not affect any other existing                 acknowledge receipt of comments, and
                                                      viticultural area. The expansion of the                                                                        copies of USGS maps or other similarly-
                                                                                                              TTB considers all comments as                          sized documents that may be included
                                                      Willamette Valley AVA would allow                       originals.
                                                      vintners to use ‘‘Willamette Valley’’ as                                                                       as part of the AVA petition. Contact
                                                                                                                 In your comment, please clearly state               TTB’s information specialist at the
                                                      an appellation of origin for wines made                 if you are commenting for yourself or on
                                                      primarily from grapes grown within the                                                                         above address or by telephone at 202–
                                                                                                              behalf of an association, business, or                 453–2270 to schedule an appointment
                                                      proposed expansion area if the wines                    other entity. If you are commenting on
                                                      meet the eligibility requirements for the                                                                      or to request copies of comments or
                                                                                                              behalf of an entity, your comment must                 other materials.
                                                      appellation.                                            include the entity’s name, as well as
                                                      Public Participation                                    your name and position title. If you                   Regulatory Flexibility Act
                                                                                                              comment via Regulations.gov, please                       TTB certifies that this proposed
                                                      Comments Invited                                        enter the entity’s name in the                         regulation, if adopted, would not have
                                                        TTB invites comments from interested                  ‘‘Organization’’ blank of the online                   a significant economic impact on a
                                                      members of the public on whether it                     comment form. If you comment via                       substantial number of small entities.
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                                                      should expand the Willamette Valley                     postal mail or hand delivery/courier,                  The proposed regulation imposes no
                                                      AVA as proposed. TTB is specifically                    please submit your entity’s comment on                 new reporting, recordkeeping, or other
                                                      interested in receiving comments on the                 letterhead.                                            administrative requirement. Any benefit
                                                      similarity of the proposed expansion                       You may also write to the                           derived from the use of an AVA name
                                                      area to the established Willamette                      Administrator before the comment                       would be the result of a proprietor’s
                                                      Valley AVA, as well as the differences                  closing date to ask for a public hearing.              efforts and consumer acceptance of
                                                      between the proposed expansion area                     The Administrator reserves the right to                wines from that area. Therefore, no
                                                      and the areas outside the Willamette                    determine whether to hold a public                     regulatory flexibility analysis is
                                                      Valley AVA. Please provide specific                     hearing.                                               required.


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                                                                              Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules                                         34869

                                                      Executive Order 12866                                   the Siuslaw River and the intersection                 and comments on the proposals must be
                                                        It has been determined that this                      of Siuslaw River Road and Fire Road, to                received on or before July 21, 2015. The
                                                      proposed rule is not a significant                      the 1,000 foot contour line;                           hearing will be held on August 10, 11,
                                                                                                                (15) Generally southeast along the                   and 12, and continuing through August
                                                      regulatory action as defined by
                                                                                                              meandering 1,000 foot contour line,                    13, 2015 (if necessary) beginning each
                                                      Executive Order 12866 of September 30,
                                                                                                              crossing onto the Roseburg, Oregon                     day at 9 a.m. EDT.
                                                      1993. Therefore, no regulatory
                                                                                                              map, to the intersection of the 1,000 foot             ADDRESSES: The hearing will be held in
                                                      assessment is required.
                                                                                                              contour line with the Lane/Douglas                     the César E. Chávez Memorial
                                                      Drafting Information                                    County line;                                           Auditorium at the U.S. Department of
                                                        Karen A. Thornton of the Regulations                    (16) East along the Lane/Douglas                     Labor, Frances Perkins Building, 200
                                                      and Rulings Division drafted this notice                County line approximately 3.8 miles to                 Constitution Avenue NW., Washington,
                                                      of proposed rulemaking.                                 the intersection with the 1,000 foot                   DC 20210. You may submit a request to
                                                                                                              contour line just east of the South Fork               testify at the hearing by any of the
                                                      List of Subjects in 27 CFR Part 9                       of the Siuslaw River;                                  following methods:
                                                          Wine.                                                 (17) Generally north, then northeast                    • Email to e-ORI@dol.gov, subject
                                                                                                              along the 1,000 foot contour line around               line: Conflict of Interest Rule Hearing.
                                                      Proposed Regulatory Amendment                           Spencer Butte, and then generally south                   • Mail: Office of Regulations and
                                                        For the reasons discussed in the                      to a point along the Lane/Douglas                      Interpretations, Employee Benefits
                                                      preamble, TTB proposes to amend title                   County line 0.5 mile north of Interstate               Security Administration, Attn: Conflict
                                                      27, chapter I, part 9, Code of Federal                  Highway 99;                                            of Interest Rule Hearing, Room N–5655,
                                                      Regulations, as follows:                                *     *     *     *    *                               U.S. Department of Labor, 200
                                                                                                                Signed: June 11, 2015.                               Constitution Avenue NW., Washington,
                                                      PART 9—AMERICAN VITICULTURAL                                                                                   DC 20210.
                                                                                                              John J. Manfreda,
                                                      AREAS
                                                                                                              Administrator.                                         Requests to testify must be received by
                                                      ■ 1. The authority citation for part 9                  [FR Doc. 2015–15036 Filed 6–17–15; 8:45 am]            5:00 p.m. EDT, July 24, 2015.
                                                      continues to read as follows:                           BILLING CODE 4810–31–P
                                                                                                                                                                        You may submit comments on the
                                                                                                                                                                     proposed rule and proposed prohibited
                                                          Authority: 27 U.S.C. 205.                                                                                  transaction exemptions by the methods
                                                      Subpart C—Approved American                                                                                    identified below.
                                                                                                              EMPLOYEE BENEFITS SECURITY
                                                      Viticultural Areas                                                                                                For the proposed rule, identified by
                                                                                                              ADMINISTRATION
                                                                                                                                                                     RIN 1210–AB32, by any of the following
                                                      ■ 2. Section 9.90 is amended by revising                29 CFR Parts 2509, 2510, and 2550                      methods:
                                                      paragraph (b) introductory text, adding                                                                           Federal eRulemaking Portal: http://
                                                      new paragraph (b)(4), removing                          RIN 1210–AB32; 1210–ZA25                               www.regulations.gov. Follow
                                                      paragraphs (c)(11) through (c)(13),                                                                            instructions for submitting comments.
                                                                                                              Hearing on Definition of the Term
                                                      redesignating paragraphs (c)(14) through                                                                          Email: e-ORI@dol.gov. Include RIN
                                                                                                              ‘‘Fiduciary’’; Conflict of Interest Rule-
                                                      (c)(32) as paragraphs (c)(18) through                                                                          1210–AB32 in the subject line of the
                                                                                                              Retirement Investment Advice and
                                                      (c)(36), and adding new paragraphs                                                                             message.
                                                                                                              Related Proposed Prohibited
                                                      (c)(11) through (c)(17) to read as follows:                                                                       Mail: Office of Regulations and
                                                                                                              Transaction Exemptions
                                                                                                                                                                     Interpretations, Employee Benefits
                                                      § 9.90   Willamette Valley.                                                                                    Security Administration, Attn: Conflict
                                                                                                              AGENCY: Employee Benefits Security
                                                      *      *     *     *    *                               Administration, Labor.                                 of Interest Rule, Room N–5655, U.S.
                                                         (b) Approved maps. The approved                      ACTION: Notice of hearing and extension                Department of Labor, 200 Constitution
                                                      maps for determining the boundaries of                  of comment period.                                     Avenue NW., Washington, DC 20210.
                                                      the Willamette Valley viticultural area                                                                           Hand Delivery/Courier: Office of
                                                      are three U.S.G.S. Oregon maps scaled                   SUMMARY:   Notice is hereby given that                 Regulations and Interpretations,
                                                      1:250,000 and one U.S.G.S. Oregon map                   the Employee Benefits Security                         Employee Benefits Security
                                                      scaled 1:24,000. They are entitled:                     Administration (EBSA) will hold a                      Administration, Attn: Conflict of
                                                      *      *     *     *    *                               public hearing on August 10, 11, and 12,               Interest Rule, Room N–5655, U.S.
                                                         (4) ‘‘Letz Creek, OR’’ (revised 1984).               and continuing through August 13, 2015                 Department of Labor, 200 Constitution
                                                         (c) * * *                                            (if necessary) to consider issues                      Avenue NW., Washington, DC 20210.
                                                         (11) Northeast, then southeast along                 attendant to adopting a regulation                        For the proposed prohibited
                                                      the 1,000 foot contour line                             concerning its proposed conflict of                    transactions exemptions, identified by
                                                      approximately 12 miles to its                           interest rule and related proposed                     RIN 1210–ZA25, by any of the following
                                                      intersection with the R5W/R6W range                     prohibited transaction exemptions. The                 methods:
                                                      line;                                                   Department also is extending the date                     Federal eRulemaking Portal: http://
                                                         (12) South along the R5W/R6W range                   by which comments may be submitted                     www.regulations.gov at Docket ID
                                                      line approximately 0.25 mile to the                     on the proposed rule and proposed new                  number: EBSA–2014–0016. Follow the
                                                      intersection with the 1,000 foot contour                and amended exemptions. Public                         instructions for submitting comments.
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                                                      line;                                                   comments on the proposals may now be                      Email to: e-OED@dol.gov. Include RIN
                                                         (13) Generally southeast along the                   submitted to the Department on or                      1210–ZA25 in the subject line of the
                                                      meandering 1,000 foot contour line,                     before July 21, 2015.                                  message.
                                                      crossing onto the Letz Creek map, to a                  DATES: The comment periods for the                        Fax to: (202) 693–8474. Include RIN
                                                      point on the 1,000 foot contour line                    proposed rule and six proposed                         1210–ZA25 in the subject line of the
                                                      located due north of the intersection of                prohibited transaction exemptions                      message.
                                                      Siuslaw River Road and Fire Road;                       published on April 20, 2015 (80 FR                        Mail: Office of Exemption
                                                         (14) South in a straight line                        21928, 21960, 22004, 22034, 22010,                     Determinations, Employee Benefits
                                                      approximately 0.55 mile, crossing over                  22021, and 21989) have been extended,                  Security Administration, U.S.


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Document Created: 2018-02-22 11:12:09
Document Modified: 2018-02-22 11:12:09
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 August 17, 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 34864 
RIN Number1513-AC21

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