80_FR_73885 80 FR 73658 - Establishment of the Eagle Foothills Viticultural Area

80 FR 73658 - Establishment of the Eagle Foothills Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 80, Issue 227 (November 25, 2015)

Page Range73658-73660
FR Document2015-29986

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

Federal Register, Volume 80 Issue 227 (Wednesday, November 25, 2015)
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Rules and Regulations]
[Pages 73658-73660]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29986]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2015-0006; T.D. TTB-131; Ref: Notice No. 150]
RIN 1513-AC18


Establishment of the Eagle Foothills Viticultural Area

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

ACTION: Final rule; Treasury decision.

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

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes 
the approximately 49,815-acre ``Eagle Foothills'' viticultural area in 
Gem and Ada Counties in Idaho. The viticultural area lies entirely 
within the established Snake River Valley viticultural area. TTB 
designates viticultural areas to allow vintners to better describe the 
origin of their wines and to allow consumers to better identify wines 
they may purchase.

DATES: This final rule is effective December 28, 2015.

FOR FURTHER INFORMATION CONTACT: Dominique Christianson, 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. 278.

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 standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved AVAs.

Definition

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

Requirements

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

Eagle Foothills Petition

    TTB received a petition from Martha Cunningham, owner of the 3 
Horse Ranch Vineyards, on behalf of the local grape growers and 
vintners, proposing the establishment of the ``Eagle Foothills'' AVA in 
Gem and Ada Counties, Idaho. The proposed AVA is immediately north of 
the city of Eagle and is approximately 10 miles northwest of the city 
of Boise. The Eagle Foothills AVA is located entirely within the 
established Snake River Valley AVA (27 CFR 9.208) and does not overlap 
with any other existing or proposed AVA. The original proposed name for 
the AVA was ``Willow Creek Idaho.'' However, TTB determined that the 
petition did not sufficiently demonstrate that the region is known by 
that name. Therefore, the petitioner submitted a request to change the 
proposed AVA name to ``Eagle Foothills.''
    The proposed Eagle Foothills AVA contains approximately 49,815 
acres, with 9 commercially-producing vineyards covering a total of 67 
acres distributed throughout the proposed AVA. The petition states that 
an additional 4 acres will soon be added to an existing vineyard and 
that an additional 7 commercial vineyards covering approximately 472 
acres are planned within the next few years.
    According to the petition, the distinguishing features of the 
proposed Eagle Foothills AVA are its topography, climate, and soils. 
The proposed AVA is located within the Unwooded Alkaline Foothills 
ecoregion of Idaho. This ecoregion is defined as an arid, sparsely 
populated region of rolling foothills, benches, and alluvial fans 
underlain by alkaline lake bed deposits. A network of seasonal creeks 
flowing southwesterly through the proposed AVA have created deep 
gulches and a rugged terrain that has a variety of slope aspects 
favorable to the vineyard owners. The elevation within the proposed AVA 
ranges from 2,490 feet to approximately 3,400 feet, with an average 
elevation of 2,900 feet.

[[Page 73659]]

The high elevations enable cold air to drain from the proposed AVA and 
pool within the lower surrounding elevations, resulting in fewer 
damaging frosts within the proposed AVA. The cool climate and 
relatively short growing season are suitable for growing early- to mid-
season varieties of grapes such as Chardonnay, Pinot Gris, and 
Riesling. The proposed AVA contains a variety of soils, but loams, 
sandy loams, coarse sandy loams, and stony loams are predominant and 
are notable for their large, irregularly shaped, coarse grains. Due to 
the grains' irregular shapes, ``pockets'' of oxygen form in the soil, 
which promote healthy root growth and allow for rapid water drainage.
    Compared with the proposed AVA, the Emmett Valley and Payette River 
Plain to the north are lower, flatter, and have greater population 
density than the proposed AVA. Due to the lower elevations, the region 
to the north has a warmer climate and a longer growing season than the 
proposed AVA. The soils in the region to the north of the proposed AVA 
are derived from active flood plain alluvium. These soils have a finer, 
more uniform texture and greater water-holding capacity than the soils 
of the proposed Eagle Foothills AVA.
    East of the proposed AVA is the mountainous region known as the 
Boise Front, which has higher elevations. Due to the higher elevations, 
the region to the east has a shorter growing season and cooler growing 
season temperatures than the proposed AVA. The soils of the Boise Front 
are predominantly composed of granite and volcanic materials and lack 
the sedimentary materials found in the soils of the proposed AVA.
    The Boise River Plain is to the south of the proposed AVA, and this 
region has lower elevations, shallow slope plains, and a longer growing 
season than the proposed AVA. The soils in this region are similar to 
the soils north of the proposed AVA, in that they are derived from 
flood plain alluvium and are finer than the soils within the proposed 
Eagle Foothills AVA.
    Finally, the region to the west is also within the Boise River 
Plain which, as mentioned previously, has a lower elevation and warmer 
temperatures, which provide longer growing seasons than are found 
within the proposed AVA. Furthermore, when compared to the proposed 
AVA, the soils in the region to the west are fine-grained and the 
bedrock has a greater depth.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 150 in the Federal Register on April 14, 
2015 (80 FR 19908), proposing to establish the Eagle Foothills AVA. In 
the notice, TTB summarized the evidence from the petition regarding the 
name, boundary, and distinguishing features for the proposed AVA. The 
notice also compared the distinguishing features of the proposed AVA to 
the surrounding areas. For a detailed description of the evidence 
relating to the name, boundary, and distinguishing features of the 
proposed AVA, and for a detailed comparison of the distinguishing 
features of the proposed AVA to the surrounding areas, see Notice No. 
150.
    In Notice No. 150, TTB solicited comments on the accuracy of the 
name, boundary, and other required information submitted in support of 
the petition. In addition, given the proposed Eagle Foothills AVA's 
location within the existing Snake River Valley AVA, TTB solicited 
comments on whether the geographic features of the proposed AVA 
sufficiently differentiate it from the existing Snake River Valley AVA. 
Finally, TTB requested comments on whether the geographic features of 
the proposed AVA are so distinguishable from the surrounding Snake 
River Valley AVA that the proposed Eagle Foothills AVA should no longer 
be part of the established AVA. The comment period closed on June 15, 
2015. TTB received no comments in response to Notice No. 150.

TTB Determination

    After careful review of the petition, TTB finds that the evidence 
provided by the petitioner supports the establishment of the Eagle 
Foothills AVA. Accordingly, under the authority of the FAA Act, section 
1111(d) of the Homeland Security Act of 2002, and part 4 of the TTB 
regulations, TTB establishes the ``Eagle Foothills'' AVA in Gem and Ada 
Counties in Idaho, effective 30 days from the publication date of this 
document.
    TTB has also determined that the Eagle Foothills AVA will remain 
part of the established Snake River Valley AVA. As discussed in Notice 
No. 150, the proposed Eagle Foothills AVA is located along the eastern 
edge of the Snake River Valley AVA and shares the same broad 
characteristics of this AVA, in that both regions are semiarid and have 
vineyards that are planted on slopes to maximize sunlight exposure and 
minimize the risk of frost. However, the Eagle Foothills AVA receives 
several more inches of precipitation per year and has a slightly longer 
growing season. Additionally, the Snake River Valley AVA contains a 
large variety of diverse soils, unlike the proposed AVA which has 
fairly uniform soil characteristics throughout.

Boundary Description

    See the narrative description of the boundary of the Eagle 
Foothills AVA in the regulatory text published at the end of this final 
rule.

Maps

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

Impact on Current Wine Labels

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

[[Page 73660]]

River Valley'' as appellations of origin for wines made primarily from 
grapes grown within the Eagle Foothills AVA if the wines meet the 
eligibility requirements for the appellation.

Regulatory Flexibility Act

    TTB certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. The 
regulation imposes no new reporting, recordkeeping, or other 
administrative requirement. Any benefit derived from the use of an AVA 
name would be the result of a proprietor's efforts and consumer 
acceptance of wines from that area. Therefore, no regulatory 
flexibility analysis is required.

Executive Order 12866

    It has been determined that this final rule is not a significant 
regulatory action as defined by Executive Order 12866 of September 30, 
1993. Therefore, no regulatory assessment is required.

Drafting Information

    Dominique Christianson of the Regulations and Rulings Division 
drafted this final rule.

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

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

PART 9--AMERICAN VITICULTURAL AREAS

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

    Authority:  27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Subpart C is amended by adding Sec.  9.252 to read as follows:


Sec.  9.252  Eagle Foothills.

    (a) Name. The name of the viticultural area described in this 
section is ``Eagle Foothills''. For purposes of part 4 of this chapter, 
``Eagle Foothills'' is a term of viticultural significance.
    (b) Approved maps. The 6 United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Eagle Foothills viticultural area are titled:
    (1) Southwest Emmett, Idaho, 1970;
    (2) Southeast Emmett, Idaho, provisional edition 1985;
    (3) Pearl, Idaho, provisional edition 1985;
    (4) Eagle, Idaho, 1998;
    (5) Star, Idaho, 1953; and
    (6) Middleton, Idaho, 1958; photorevised 1971.
    (c) Boundary. The Eagle Foothills viticultural area is located in 
Gem and Ada Counties in Idaho. The boundary of the Eagle Foothills 
viticultural area is as described below:
    (1) The beginning point is on the Southwest Emmett map at the 
intersection of the Ada, Gem, and Canyon County lines at the 
southwestern corner of section 31, T6N/R1W.
    (2) From the beginning point, proceed north along the western 
boundary of sections 31 and 30 to the northwest corner of section 31, 
T6N/R1W; then
    (3) Proceed north-northeast in a straight line to the marked 3,109-
foot elevation point near the southwest corner of section 31, T6N/R1W; 
then
    (4) Proceed northeast in a straight line, crossing onto the 
Southeast Emmett map, to the marked 3,230-foot elevation point in 
section 22, T6N/R1W; then
    (5) Proceed east-northeast in a straight line to the marked 3,258-
foot elevation point in section 23, T6N/R1W; then
    (6) Proceed easterly in a straight line to the 3,493-foot elevation 
point in section 23, T6N/R1W; then
    (7) Proceed northeast in a straight line to the 3,481-foot 
elevation point in section 13, T6N/R1W; then
    (8) Proceed northeast in a straight line to the intersection of the 
marked 4-wheel drive trail with the R1W range line; then
    (9) Proceed north along the R1W range line to its first 
intersection with the 3,400-foor elevation contour; then
    (10) Proceed east along the meandering 3,400-foot elevation 
contour, crossing onto the Pearl map, then continuing easterly, then 
southerly, along the meandering 3,400-foot elevation contour, crossing 
Schiller Creek, the North and South Forks of Willow Creek, and Big 
Gulch Creek, to the first intersection of the 3,400-foot contour line 
with the R1E/R2E range line, which forms the eastern boundary of 
section 13, T5N/R1E; then
    (11) Proceed southeast in a straight line to the marked 3,613-foot 
elevation in point Section 18, T5N/R2E; then
    (12) Proceed southwest in a straight line to the marked 3,426-foot 
elevation point in Section 24, T5N/R1E; then
    (13) Proceed west in a straight line to the marked 3,416-foot 
elevation point in Section 24, T5N/R1E; then
    (14) Proceed west in a straight line to the marked 3,119-foot 
elevation point in Section 23, T5N/R1E; then
    (15) Proceed south in a straight line to the marked 3,366-foot 
elevation point in Section 23, T5N/R1E; then
    (16) Proceed southwest in a straight line, crossing onto the Eagle 
map, to the marked 3,372-foot elevation point in Section 26, T5N/R1E; 
then
    (17) Proceed northwest in a straight line, crossing back onto the 
Pearl map, to the marked 3,228-foot elevation point in Section 22, T5N/
R1E; then
    (18) Proceed southwest in a straight line to the marked 3,205-foot 
elevation point in Section 22, T5N/R1E; then
    (19) Proceed south in a straight line, crossing onto the Eagle map, 
to the marked 3,163-foot elevation point in Section 27, T5N/R1E; then
    (20) Proceed southwest in a straight line to the marked 2,958-foot 
elevation point in Section 28, T5N/R1E; then
    (21) Proceed southwest in a straight line to the northeast corner 
of section 32, T5N/R1E; then
    (22) Proceed south along the eastern boundary of Section 32 to the 
point where the boundary joins Pearl Road, then continue south along 
Pearl Road to the intersection of the road with Beacon Road; then
    (23) Proceed west along Beacon Road, crossing onto the Star map, to 
the intersection of Beacon Road with an unnamed light-duty road known 
locally as North Wing Road at the southern boundary of section 32, T5N/
R1W; then
    (24) Proceed south along North Wing Road to the intersection of the 
road with New Hope Road in Section 5, T4N/R1W; then
    (25) Proceed west along New Hope Road, crossing onto the Middleton 
map, to the intersection of the road with the Ada-Canyon County line; 
then
    (26) Proceed north along the Ada-Canyon County line, crossing onto 
the Southwest Emmett map, to the beginning point.

    Signed: October 7, 2015.
John J. Manfreda,
Administrator.
    Approved: October 28, 2015.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2015-29986 Filed 11-24-15; 8:45 am]
BILLING CODE 4810-31-P



                                                73658           Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations

                                                Fairness Act of 1996.98 The Commission                    and quality of the product. The Alcohol                 • A narrative description of the
                                                will submit the final rule to both houses                 and Tobacco Tax and Trade Bureau                      features of the proposed AVA affecting
                                                of Congress and to the General                            (TTB) administers the FAA Act                         viticulture, such as climate, geology,
                                                Accountability Office.                                    pursuant to section 1111(d) of the                    soils, physical features, and elevation,
                                                  By the Commission.                                      Homeland Security Act of 2002,                        that make the proposed AVA distinctive
                                                                                                          codified at 6 U.S.C. 531(d). The                      and distinguish it from adjacent areas
                                                  Issued: November 19, 2015.
                                                                                                          Secretary has delegated various                       outside the proposed AVA boundary;
                                                Nathaniel J. Davis, Sr.,                                                                                          • The appropriate United States
                                                                                                          authorities through Treasury
                                                Deputy Secretary.                                         Department Order 120–01, dated                        Geological Survey (USGS) map(s)
                                                [FR Doc. 2015–29971 Filed 11–24–15; 8:45 am]              December 10, 2013, to the TTB                         showing the location of the proposed
                                                BILLING CODE 6717–01–P                                    Administrator to perform the functions                AVA, with the boundary of the
                                                                                                          and duties in the administration and                  proposed AVA clearly drawn thereon;
                                                                                                          enforcement of this law.                              and
                                                DEPARTMENT OF THE TREASURY                                   Part 4 of the TTB regulations (27 CFR                • A detailed narrative description of
                                                                                                          part 4) authorizes TTB to establish                   the proposed AVA boundary based on
                                                Alcohol and Tobacco Tax and Trade                         definitive viticultural areas and regulate            USGS map markings.
                                                Bureau                                                    the use of their names as appellations of             Eagle Foothills Petition
                                                                                                          origin on wine labels and in wine                        TTB received a petition from Martha
                                                27 CFR Part 9                                             advertisements. Part 9 of the TTB                     Cunningham, owner of the 3 Horse
                                                [Docket No. TTB–2015–0006; T.D. TTB–131;                  regulations (27 CFR part 9) sets forth                Ranch Vineyards, on behalf of the local
                                                Ref: Notice No. 150]                                      standards for the preparation and                     grape growers and vintners, proposing
                                                RIN 1513–AC18                                             submission of petitions for the                       the establishment of the ‘‘Eagle
                                                                                                          establishment or modification of                      Foothills’’ AVA in Gem and Ada
                                                Establishment of the Eagle Foothills                      American viticultural areas (AVAs) and                Counties, Idaho. The proposed AVA is
                                                Viticultural Area                                         lists the approved AVAs.                              immediately north of the city of Eagle
                                                AGENCY:  Alcohol and Tobacco Tax and                      Definition                                            and is approximately 10 miles
                                                Trade Bureau, Treasury.                                                                                         northwest of the city of Boise. The Eagle
                                                                                                            Section 4.25(e)(1)(i) of the TTB                    Foothills AVA is located entirely within
                                                ACTION: Final rule; Treasury decision.                    regulations (27 CFR 4.25(e)(1)(i)) defines            the established Snake River Valley AVA
                                                                                                          a viticultural area for American wine as              (27 CFR 9.208) and does not overlap
                                                SUMMARY:   The Alcohol and Tobacco Tax
                                                                                                          a delimited grape-growing region having               with any other existing or proposed
                                                and Trade Bureau (TTB) establishes the
                                                                                                          distinguishing features, as described in              AVA. The original proposed name for
                                                approximately 49,815-acre ‘‘Eagle
                                                                                                          part 9 of the regulations, and a name                 the AVA was ‘‘Willow Creek Idaho.’’
                                                Foothills’’ viticultural area in Gem and
                                                                                                          and a delineated boundary, as                         However, TTB determined that the
                                                Ada Counties in Idaho. The viticultural
                                                                                                          established in part 9 of the regulations.             petition did not sufficiently demonstrate
                                                area lies entirely within the established
                                                                                                          These designations allow vintners and                 that the region is known by that name.
                                                Snake River Valley viticultural area.
                                                                                                          consumers to attribute a given quality,               Therefore, the petitioner submitted a
                                                TTB designates viticultural areas to
                                                                                                          reputation, or other characteristic of a              request to change the proposed AVA
                                                allow vintners to better describe the
                                                                                                          wine made from grapes grown in an area                name to ‘‘Eagle Foothills.’’
                                                origin of their wines and to allow
                                                                                                          to the wine’s geographic origin. The                     The proposed Eagle Foothills AVA
                                                consumers to better identify wines they
                                                                                                          establishment of AVAs allows vintners                 contains approximately 49,815 acres,
                                                may purchase.
                                                                                                          to describe more accurately the origin of             with 9 commercially-producing
                                                DATES: This final rule is effective
                                                                                                          their wines to consumers and helps                    vineyards covering a total of 67 acres
                                                December 28, 2015.                                        consumers to identify wines they may                  distributed throughout the proposed
                                                FOR FURTHER INFORMATION CONTACT:                          purchase. Establishment of an AVA is                  AVA. The petition states that an
                                                Dominique Christianson, Regulations                       neither an approval nor an endorsement                additional 4 acres will soon be added to
                                                and Rulings Division, Alcohol and                         by TTB of the wine produced in that                   an existing vineyard and that an
                                                Tobacco Tax and Trade Bureau, 1310 G                      area.                                                 additional 7 commercial vineyards
                                                Street NW., Box 12, Washington, DC
                                                                                                          Requirements                                          covering approximately 472 acres are
                                                20005; phone 202–453–1039, ext. 278.
                                                                                                                                                                planned within the next few years.
                                                SUPPLEMENTARY INFORMATION:                                  Section 4.25(e)(2) of the TTB                          According to the petition, the
                                                Background on Viticultural Areas                          regulations (27 CFR 4.25(e)(2)) outlines              distinguishing features of the proposed
                                                                                                          the procedure for proposing an AVA                    Eagle Foothills AVA are its topography,
                                                TTB Authority                                             and provides that any interested party                climate, and soils. The proposed AVA is
                                                  Section 105(e) of the Federal Alcohol                   may petition TTB to establish a grape-                located within the Unwooded Alkaline
                                                Administration Act (FAA Act), 27                          growing region as an AVA. Section 9.12                Foothills ecoregion of Idaho. This
                                                U.S.C. 205(e), authorizes the Secretary                   of the TTB regulations (27 CFR 9.12)                  ecoregion is defined as an arid, sparsely
                                                of the Treasury to prescribe regulations                  prescribes standards for petitions for the            populated region of rolling foothills,
                                                for the labeling of wine, distilled spirits,              establishment or modification of AVAs.                benches, and alluvial fans underlain by
                                                and malt beverages. The FAA Act                           Petitions to establish an AVA must                    alkaline lake bed deposits. A network of
                                                provides that these regulations should,                   include the following:                                seasonal creeks flowing southwesterly
jstallworth on DSK7TPTVN1PROD with RULES




                                                among other things, prohibit consumer                       • Evidence that the area within the                 through the proposed AVA have created
                                                deception and the use of misleading                       proposed AVA boundary is nationally                   deep gulches and a rugged terrain that
                                                statements on labels and ensure that                      or locally known by the AVA name                      has a variety of slope aspects favorable
                                                labels provide the consumer with                          specified in the petition;                            to the vineyard owners. The elevation
                                                adequate information as to the identity                     • An explanation of the basis for                   within the proposed AVA ranges from
                                                                                                          defining the boundary of the proposed                 2,490 feet to approximately 3,400 feet,
                                                  98 See   5 U.S.C. 804(2).                               AVA;                                                  with an average elevation of 2,900 feet.


                                           VerDate Sep<11>2014     15:12 Nov 24, 2015   Jkt 238001   PO 00000   Frm 00022   Fmt 4700   Sfmt 4700   E:\FR\FM\25NOR1.SGM   25NOR1


                                                             Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations                                           73659

                                                The high elevations enable cold air to                  Notice of Proposed Rulemaking and                     and has a slightly longer growing
                                                drain from the proposed AVA and pool                    Comments Received                                     season. Additionally, the Snake River
                                                within the lower surrounding                              TTB published Notice No. 150 in the                 Valley AVA contains a large variety of
                                                elevations, resulting in fewer damaging                 Federal Register on April 14, 2015 (80                diverse soils, unlike the proposed AVA
                                                frosts within the proposed AVA. The                     FR 19908), proposing to establish the                 which has fairly uniform soil
                                                cool climate and relatively short                       Eagle Foothills AVA. In the notice, TTB               characteristics throughout.
                                                growing season are suitable for growing                 summarized the evidence from the                      Boundary Description
                                                early- to mid-season varieties of grapes                petition regarding the name, boundary,                  See the narrative description of the
                                                such as Chardonnay, Pinot Gris, and                     and distinguishing features for the                   boundary of the Eagle Foothills AVA in
                                                Riesling. The proposed AVA contains a                   proposed AVA. The notice also                         the regulatory text published at the end
                                                variety of soils, but loams, sandy loams,               compared the distinguishing features of               of this final rule.
                                                coarse sandy loams, and stony loams are                 the proposed AVA to the surrounding
                                                predominant and are notable for their                   areas. For a detailed description of the              Maps
                                                large, irregularly shaped, coarse grains.               evidence relating to the name,                          The petitioner provided the required
                                                Due to the grains’ irregular shapes,                    boundary, and distinguishing features of              maps, and they are listed below in the
                                                ‘‘pockets’’ of oxygen form in the soil,                 the proposed AVA, and for a detailed                  regulatory text.
                                                which promote healthy root growth and                   comparison of the distinguishing
                                                                                                        features of the proposed AVA to the                   Impact on Current Wine Labels
                                                allow for rapid water drainage.
                                                                                                        surrounding areas, see Notice No. 150.                   Part 4 of the TTB regulations prohibits
                                                   Compared with the proposed AVA,                        In Notice No. 150, TTB solicited                    any label reference on a wine that
                                                the Emmett Valley and Payette River                     comments on the accuracy of the name,                 indicates or implies an origin other than
                                                Plain to the north are lower, flatter, and              boundary, and other required                          the wine’s true place of origin. For a
                                                have greater population density than the                information submitted in support of the               wine to be labeled with an AVA name
                                                proposed AVA. Due to the lower                          petition. In addition, given the proposed             or with a brand name that includes an
                                                elevations, the region to the north has a               Eagle Foothills AVA’s location within                 AVA name, at least 85 percent of the
                                                warmer climate and a longer growing                     the existing Snake River Valley AVA,                  wine must be derived from grapes
                                                season than the proposed AVA. The                       TTB solicited comments on whether the                 grown within the area represented by
                                                soils in the region to the north of the                 geographic features of the proposed                   that name, and the wine must meet the
                                                proposed AVA are derived from active                    AVA sufficiently differentiate it from                other conditions listed in 27 CFR
                                                flood plain alluvium. These soils have                  the existing Snake River Valley AVA.                  4.25(e)(3). If the wine is not eligible for
                                                a finer, more uniform texture and                       Finally, TTB requested comments on                    labeling with an AVA name and that
                                                greater water-holding capacity than the                 whether the geographic features of the                name appears in the brand name, then
                                                soils of the proposed Eagle Foothills                   proposed AVA are so distinguishable                   the label is not in compliance and the
                                                AVA.                                                    from the surrounding Snake River                      bottler must change the brand name and
                                                   East of the proposed AVA is the                      Valley AVA that the proposed Eagle                    obtain approval of a new label.
                                                mountainous region known as the Boise                   Foothills AVA should no longer be part                Similarly, if the AVA name appears in
                                                Front, which has higher elevations. Due                 of the established AVA. The comment                   another reference on the label in a
                                                                                                        period closed on June 15, 2015. TTB                   misleading manner, the bottler would
                                                to the higher elevations, the region to
                                                                                                        received no comments in response to                   have to obtain approval of a new label.
                                                the east has a shorter growing season
                                                                                                        Notice No. 150.                                       Different rules apply if a wine has a
                                                and cooler growing season temperatures
                                                                                                                                                              brand name containing an AVA name
                                                than the proposed AVA. The soils of the                 TTB Determination
                                                                                                                                                              that was used as a brand name on a
                                                Boise Front are predominantly                              After careful review of the petition,              label approved before July 7, 1986. See
                                                composed of granite and volcanic                        TTB finds that the evidence provided by               27 CFR 4.39(i)(2) for details.
                                                materials and lack the sedimentary                      the petitioner supports the                              With the establishment of this AVA,
                                                materials found in the soils of the                     establishment of the Eagle Foothills                  its name, ‘‘Eagle Foothills,’’ will be
                                                proposed AVA.                                           AVA. Accordingly, under the authority                 recognized as a name of viticultural
                                                   The Boise River Plain is to the south                of the FAA Act, section 1111(d) of the                significance under § 4.39(i)(3) of the
                                                of the proposed AVA, and this region                    Homeland Security Act of 2002, and                    TTB regulations (27 CFR 4.39(i)(3)). The
                                                has lower elevations, shallow slope                     part 4 of the TTB regulations, TTB                    text of the regulation clarifies this point.
                                                plains, and a longer growing season                     establishes the ‘‘Eagle Foothills’’ AVA               Consequently, wine bottlers using the
                                                than the proposed AVA. The soils in                     in Gem and Ada Counties in Idaho,                     name ‘‘Eagle Foothills’’ in a brand
                                                this region are similar to the soils north              effective 30 days from the publication                name, including a trademark, or in
                                                of the proposed AVA, in that they are                   date of this document.                                another label reference as to the origin
                                                derived from flood plain alluvium and                      TTB has also determined that the                   of the wine, will have to ensure that the
                                                are finer than the soils within the                     Eagle Foothills AVA will remain part of               product is eligible to use the AVA name
                                                proposed Eagle Foothills AVA.                           the established Snake River Valley                    as an appellation of origin.
                                                                                                        AVA. As discussed in Notice No. 150,                     The establishment of the Eagle
                                                   Finally, the region to the west is also              the proposed Eagle Foothills AVA is                   Foothills AVA will not affect any
                                                within the Boise River Plain which, as                  located along the eastern edge of the                 existing AVA, and any bottlers using
                                                mentioned previously, has a lower                       Snake River Valley AVA and shares the                 ‘‘Snake River Valley’’ as an appellation
jstallworth on DSK7TPTVN1PROD with RULES




                                                elevation and warmer temperatures,                      same broad characteristics of this AVA,               of origin or in a brand name for wines
                                                which provide longer growing seasons                    in that both regions are semiarid and                 made from grapes grown within the
                                                than are found within the proposed                      have vineyards that are planted on                    Snake River Valley AVA will not be
                                                AVA. Furthermore, when compared to                      slopes to maximize sunlight exposure                  affected by the establishment of this
                                                the proposed AVA, the soils in the                      and minimize the risk of frost. However,              new AVA. The establishment of the
                                                region to the west are fine-grained and                 the Eagle Foothills AVA receives several              Eagle Foothills AVA will allow vintners
                                                the bedrock has a greater depth.                        more inches of precipitation per year                 to use ‘‘Eagle Foothills’’ and ‘‘Snake


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                                                73660         Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations

                                                River Valley’’ as appellations of origin                   (4) Eagle, Idaho, 1998;                               (15) Proceed south in a straight line to
                                                for wines made primarily from grapes                       (5) Star, Idaho, 1953; and                         the marked 3,366-foot elevation point in
                                                grown within the Eagle Foothills AVA                       (6) Middleton, Idaho, 1958;                        Section 23, T5N/R1E; then
                                                if the wines meet the eligibility                       photorevised 1971.                                       (16) Proceed southwest in a straight
                                                requirements for the appellation.                          (c) Boundary. The Eagle Foothills                  line, crossing onto the Eagle map, to the
                                                Regulatory Flexibility Act                              viticultural area is located in Gem and               marked 3,372-foot elevation point in
                                                                                                        Ada Counties in Idaho. The boundary of
                                                   TTB certifies that this regulation will                                                                    Section 26, T5N/R1E; then
                                                                                                        the Eagle Foothills viticultural area is as
                                                not have a significant economic impact                  described below:                                         (17) Proceed northwest in a straight
                                                on a substantial number of small                           (1) The beginning point is on the                  line, crossing back onto the Pearl map,
                                                entities. The regulation imposes no new                 Southwest Emmett map at the                           to the marked 3,228-foot elevation point
                                                reporting, recordkeeping, or other                      intersection of the Ada, Gem, and                     in Section 22, T5N/R1E; then
                                                administrative requirement. Any benefit                 Canyon County lines at the                               (18) Proceed southwest in a straight
                                                derived from the use of an AVA name                     southwestern corner of section 31, T6N/               line to the marked 3,205-foot elevation
                                                would be the result of a proprietor’s                   R1W.                                                  point in Section 22, T5N/R1E; then
                                                efforts and consumer acceptance of                         (2) From the beginning point, proceed
                                                wines from that area. Therefore, no                     north along the western boundary of                      (19) Proceed south in a straight line,
                                                regulatory flexibility analysis is                      sections 31 and 30 to the northwest                   crossing onto the Eagle map, to the
                                                required.                                               corner of section 31, T6N/R1W; then                   marked 3,163-foot elevation point in
                                                                                                           (3) Proceed north-northeast in a                   Section 27, T5N/R1E; then
                                                Executive Order 12866
                                                                                                        straight line to the marked 3,109-foot                   (20) Proceed southwest in a straight
                                                  It has been determined that this final                elevation point near the southwest                    line to the marked 2,958-foot elevation
                                                rule is not a significant regulatory action             corner of section 31, T6N/R1W; then                   point in Section 28, T5N/R1E; then
                                                as defined by Executive Order 12866 of                     (4) Proceed northeast in a straight
                                                September 30, 1993. Therefore, no                                                                                (21) Proceed southwest in a straight
                                                                                                        line, crossing onto the Southeast
                                                regulatory assessment is required.                                                                            line to the northeast corner of section
                                                                                                        Emmett map, to the marked 3,230-foot
                                                                                                                                                              32, T5N/R1E; then
                                                Drafting Information                                    elevation point in section 22, T6N/R1W;
                                                                                                        then                                                     (22) Proceed south along the eastern
                                                  Dominique Christianson of the                                                                               boundary of Section 32 to the point
                                                                                                           (5) Proceed east-northeast in a straight
                                                Regulations and Rulings Division                                                                              where the boundary joins Pearl Road,
                                                                                                        line to the marked 3,258-foot elevation
                                                drafted this final rule.
                                                                                                        point in section 23, T6N/R1W; then                    then continue south along Pearl Road to
                                                List of Subjects in 27 CFR Part 9                          (6) Proceed easterly in a straight line            the intersection of the road with Beacon
                                                    Wine.                                               to the 3,493-foot elevation point in                  Road; then
                                                                                                        section 23, T6N/R1W; then                                (23) Proceed west along Beacon Road,
                                                The Regulatory Amendment                                   (7) Proceed northeast in a straight line           crossing onto the Star map, to the
                                                   For the reasons discussed in the                     to the 3,481-foot elevation point in                  intersection of Beacon Road with an
                                                preamble, TTB amends title 27, chapter                  section 13, T6N/R1W; then                             unnamed light-duty road known locally
                                                I, part 9, Code of Federal Regulations, as                 (8) Proceed northeast in a straight line
                                                                                                                                                              as North Wing Road at the southern
                                                follows:                                                to the intersection of the marked 4-
                                                                                                                                                              boundary of section 32, T5N/R1W; then
                                                                                                        wheel drive trail with the R1W range
                                                PART 9—AMERICAN VITICULTURAL                            line; then                                               (24) Proceed south along North Wing
                                                AREAS                                                      (9) Proceed north along the R1W                    Road to the intersection of the road with
                                                                                                        range line to its first intersection with             New Hope Road in Section 5, T4N/R1W;
                                                ■ 1. The authority citation for part 9                  the 3,400-foor elevation contour; then                then
                                                continues to read as follows:                              (10) Proceed east along the                           (25) Proceed west along New Hope
                                                    Authority: 27 U.S.C. 205.                           meandering 3,400-foot elevation                       Road, crossing onto the Middleton map,
                                                                                                        contour, crossing onto the Pearl map,                 to the intersection of the road with the
                                                Subpart C—Approved American                             then continuing easterly, then southerly,             Ada-Canyon County line; then
                                                Viticultural Areas                                      along the meandering 3,400-foot
                                                                                                        elevation contour, crossing Schiller                     (26) Proceed north along the Ada-
                                                ■ 2. Subpart C is amended by adding                                                                           Canyon County line, crossing onto the
                                                § 9.252 to read as follows:                             Creek, the North and South Forks of
                                                                                                        Willow Creek, and Big Gulch Creek, to                 Southwest Emmett map, to the
                                                § 9.252     Eagle Foothills.                            the first intersection of the 3,400-foot              beginning point.
                                                  (a) Name. The name of the viticultural                contour line with the R1E/R2E range                     Signed: October 7, 2015.
                                                area described in this section is ‘‘Eagle               line, which forms the eastern boundary                John J. Manfreda,
                                                Foothills’’. For purposes of part 4 of this             of section 13, T5N/R1E; then
                                                                                                                                                              Administrator.
                                                chapter, ‘‘Eagle Foothills’’ is a term of                  (11) Proceed southeast in a straight
                                                                                                        line to the marked 3,613-foot elevation                 Approved: October 28, 2015.
                                                viticultural significance.
                                                  (b) Approved maps. The 6 United                       in point Section 18, T5N/R2E; then                    Timothy E. Skud,
                                                States Geological Survey (USGS)                            (12) Proceed southwest in a straight               Deputy Assistant Secretary (Tax, Trade, and
                                                1:24,000 scale topographic maps used to                 line to the marked 3,426-foot elevation               Tariff Policy).
jstallworth on DSK7TPTVN1PROD with RULES




                                                determine the boundary of the Eagle                     point in Section 24, T5N/R1E; then                    [FR Doc. 2015–29986 Filed 11–24–15; 8:45 am]
                                                Foothills viticultural area are titled:                    (13) Proceed west in a straight line to            BILLING CODE 4810–31–P
                                                  (1) Southwest Emmett, Idaho, 1970;                    the marked 3,416-foot elevation point in
                                                  (2) Southeast Emmett, Idaho,                          Section 24, T5N/R1E; then
                                                provisional edition 1985;                                  (14) Proceed west in a straight line to
                                                  (3) Pearl, Idaho, provisional edition                 the marked 3,119-foot elevation point in
                                                1985;                                                   Section 23, T5N/R1E; then


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Document Created: 2018-03-01 11:16:12
Document Modified: 2018-03-01 11:16:12
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; Treasury decision.
DatesThis final rule is effective December 28, 2015.
ContactDominique Christianson, 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. 278.
FR Citation80 FR 73658 
RIN Number1513-AC18

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