81 FR 23156 - Establishment of the Lewis-Clark Valley Viticultural Area and Realignment of the Columbia Valley Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 81, Issue 76 (April 20, 2016)

Page Range		23156-23162
FR Document		2016-09264
The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 306,650-acre Lewis-Clark Valley viticultural area in portions of Nez Perce, Lewis, Clearwater, and Latah Counties in Idaho and Asotin, Garfield, and Whitman Counties in Washington. TTB is also modifying the boundary of the existing Columbia Valley viticultural area to eliminate a partial overlap with the Lewis-Clark Valley viticultural area. The boundary modification will decrease the size of the approximately 11,370,320-acre Columbia Valley viticultural area by approximately 57,020 acres. The Lewis-Clark Valley viticultural area is not located within and does not overlap 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.
Federal Register, Volume 81 Issue 76 (Wednesday, April 20, 2016)
[Federal Register Volume 81, Number 76 (Wednesday, April 20, 2016)]
[Rules and Regulations]
[Pages 23156-23162]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09264]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2015-0005; T.D. TTB-136; Ref: Notice Nos. 149 & 149A]
RIN 1513-AC14


Establishment of the Lewis-Clark Valley Viticultural Area and 
Realignment of the Columbia Valley Viticultural Area

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

ACTION: Final rule; Treasury decision.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes 
the approximately 306,650-acre Lewis-Clark Valley viticultural area in 
portions of Nez Perce, Lewis, Clearwater, and Latah Counties in Idaho 
and Asotin, Garfield, and Whitman Counties in Washington. TTB is also 
modifying the boundary of the existing Columbia Valley viticultural 
area to eliminate a partial overlap with the Lewis-Clark Valley 
viticultural area. The boundary modification will decrease the size of 
the approximately 11,370,320-acre Columbia Valley viticultural area by 
approximately 57,020 acres. The Lewis-Clark Valley viticultural area is 
not located within and does not overlap 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.

DATES: This final rule is effective May 20, 2016.

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

[[Page 23157]]

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, superseding 
Treasury Order 120-01 (Revised), ``Alcohol and Tobacco Tax and Trade 
Bureau,'' dated January 24, 2003), to the TTB Administrator to perform 
the functions and duties in the administration and enforcement of these 
laws.
    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.

Lewis-Clark Valley Petition

    TTB received a petition from Dr. Alan Busacca, a licensed geologist 
and founder of Vinitas Consultants, LLC, on behalf of the Palouse-Lewis 
Clark Valley Wine Alliance and the Clearwater Economic Development 
Association. The petition proposed to establish the Lewis-Clark Valley 
AVA and modify the boundary of the existing Columbia Valley AVA (27 CFR 
9.74). There are 3 wineries and approximately 16 commercially producing 
vineyards covering more than 81 acres within the proposed AVA. 
According to the petition, an additional 50 acres of grapes are 
expected to be planted within the next few years.
    The distinguishing features of the proposed Lewis-Clark AVA include 
its topography, climate, native vegetation, and soils. The proposed AVA 
is located at the confluence of the Snake and Clearwater Rivers. The 
topography of the proposed AVA consists primarily of deep, V-notched 
canyons, low plateaus, and bench lands formed by the two rivers. Almost 
none of the proposed AVA consists of broad floodplains typically 
associated with valley floors, which are susceptible to cold-air 
pooling that can damage new growth and delay fruit maturation. 
Elevations within the proposed AVA are below 600 meters (approximately 
1,970 feet). According to the petition, within the region of proposed 
AVA, elevations above 600 meters are generally too cold to support 
reliable ripening of the varietals of Vitis vinifera (V. vinifera) 
grapes that are grown within the proposed AVA, and winter freezes can 
be hard enough to kill dormant vines. By contrast, the regions 
surrounding the proposed Lewis-Clark Valley AVA to the east, south, 
southwest, and west are steep, rugged mountains with elevations ranging 
from approximately 2,000 feet to over 6,300 feet. To the north of the 
proposed AVA are the gently rolling hills of the Palouse high prairie, 
where the elevations can reach approximately 2,800 feet.
    Due to its lower elevations, the climate of the proposed Lewis-
Clark Valley is generally warmer than that of the surrounding regions 
and is suitable for growing a variety of grape varietals, including 
Cabernet Sauvignon, Chardonnay, Merlot, and Cabernet Franc. The warm 
temperatures of the proposed AVA have earned the region the nickname 
``banana belt of the Pacific Northwest.'' Growing degree day (GDD) 
accumulations within the proposed AVA range from 2,613 to 3,036. GDD 
accumulations in the surrounding regions are all below 2,000, which is 
too low for the consistent, successful ripening of most varietals of V. 
vinifera grapes.
    Low shrubs and perennial grasses that have deep masses of fine 
roots constitute the native vegetation of the proposed Lewis-Clark 
Valley AVA. The decomposition of these native grasses and their root 
mats has contributed to the formation of nutrient-rich soils within the 
proposed AVA. The soils are high in organic materials that promote 
healthy vine growth. The majority of these soils are classified as 
Mollisols soils. The Palouse region to the north of the proposed AVA 
has similar native grasses, but most of the land is used for growing 
wheat, which is better suited to the cooler climate of the Palouse. To 
the east, south, and west of the proposed AVA, conifer trees comprise 
most of the native vegetation. The understories of these forested 
regions are covered with pine needle litter instead of perennial 
grasses. The pine needle litter remains on the surface, so the organic 
material released by the decomposition of the needles does not mix as 
deeply into the soil as the material released by decaying grass root 
mats. As a result, the soils of forested regions are not as high in 
organic material and nutrients as the soils within the proposed AVA. 
Additionally, the soils to the east, south, and west of the proposed 
AVA are classified as Andisols soils, which are comprised primarily of 
ash and other volcanic materials and contain only small amounts of 
organic material.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 149 in the Federal Register on April 14, 
2015 (80 FR 19902), proposing to establish the Lewis-Clark Valley AVA. 
In the document, TTB summarized the evidence from the petition 
regarding the name, boundary, and distinguishing features for the 
proposed AVA. The

[[Page 23158]]

document also compared the distinguishing features of the proposed AVA 
to the surrounding areas. In Notice No. 149, TTB solicited comments on 
the accuracy of the name, boundary, and other required information 
submitted in support of the petition. In addition, TTB solicited 
comments on whether the information provided in the petition 
sufficiently demonstrated that the distinguishing features of the 
portion of the proposed Lewis-Clark Valley AVA that would overlap the 
established Columbia Valley AVA are so different from those of the 
established AVA that the overlapping region should be removed from the 
established AVA and placed entirely within the proposed AVA. The 
comment period originally closed on June 15, 2015.
    In response to Notice No. 149, TTB received 37 comments during the 
original comment period, 36 of which unequivocally support the 
establishment of the proposed Lewis-Clark AVA, with several commenters 
citing its distinct topography, climate, and soils. Many of the 
commenters also stated their belief that the proposed AVA would 
encourage economic growth in the Lewiston-Clarkston region. Commenters 
included local vineyard and winery owners; a member of the Lewiston, 
Idaho City Council; Valley Vision, a local non-profit economic 
development corporation; representatives of the Clearwater Economic 
Development Association; representatives of the Port of Lewiston and 
the Port of Clarkston, Washington; the Idaho Wine Commission; the Dean 
for Community Programs at Lewis-Clark State College; the Nez Perce 
County, Idaho Planning and Building Department; and a licensed 
geologist/hydrologist.
    Eleven of the supporting comments also specifically support 
removing the overlapping region of the proposed Lewis-Clark Valley AVA 
from the Columbia Valley AVA. However, only four of these comments 
(comments 13, 20, 21, and 36) offer specific reasons for supporting the 
boundary modification. One commenter (comment 13) reiterated the 
petition's claim that the different geology of the overlapping region 
created a topography of bench lands, low plateaus, and steep canyon 
sides that are distinct from the plains of the Columbia Valley AVA. 
Another commenter (comment 20) stated that the climate of the 
overlapping region and the proposed Lewis-Clark Valley AVA are both 
``more distinctly affected by the interior mountains on the eastern 
border of the proposed AVA and the soils are distinctly affected by the 
decomposed granites and basalt substrates that were deposited through 
centuries of alluvial outwash. . . .'' The third commenter (comment 21) 
stated that the overlapping region and the proposed AVA were ``not 
ravaged by the Missoula Floods as was most of the Columbia Valley.'' 
The fourth commenter (comment 36) stated that his experience growing 
grapes in the proposed AVA supports the petition's claims that the 
climate of the proposed AVA has a longer growing season and different 
soils than the Columbia Valley AVA. The commenter also agreed with the 
petition that the canyons of the proposed AVA and the overlapping 
region are ``in stark contrast to the shallow and wide basins created 
by the Columbia River in the Columbia Valley AVA.''

Proposed AVA Boundary Expansion

    While supporting establishment of the proposed Lewis-Clark AVA, one 
commenter proposed expanding its boundary to include an area of higher 
elevations to the northeast of the proposed AVA. This acreage is 
referred to in this section of the final rule as the ``proposed 
expansion area'' for the proposed Lewis-Clark Valley AVA. The commenter 
states he plans to develop a vineyard within the proposed expansion 
area at approximately 2,800 feet in elevation (see comment 34). The 
proposed Lewis-Clark Valley AVA is limited to elevations of 600 meters 
(approximately 1,960 feet) and under. Arguing that viticulture is 
feasible at the higher elevations of the Lewis-Clark Valley, the 
commenter provided climate data from a station within the proposed 
expansion area for 2012-2014. While noting that the GDD accumulations 
within his proposed expansion area are lower than those within the 
proposed AVA, the commenter stated they are higher than those found in 
Moscow, Idaho, which is located to the north of the proposed AVA. 
Climate data from Moscow was included in the proposed Lewis-Clark 
Valley AVA petition. The commenter believes, therefore, that his data 
shows the climate in his proposed expansion area is more similar to the 
climate within the proposed Lewis-Clark AVA than the climate of the 
nearby regions north of the proposed AVA, including Moscow, Idaho.
    The commenter also claimed that precipitation amounts within the 
proposed expansion area are similar to those within the proposed Lewis-
Clark Valley AVA, although he did not provide any non-anecdotal 
evidence to support his claim. Finally, the commenter states that 
although the soils in the proposed expansion area are Andisols soils, 
``there is no reason to consider this [soil type] any less suitable for 
viticulture'' than the Mollisols soils of the proposed AVA.
    TTB has reviewed the commenter's claims and supporting evidence and 
has decided not to include the proposed expansion area within the 
proposed AVA for two reasons. First, TTB notes that the commenter 
states that the property owner is planning to plant a vineyard, which 
does not indicate that viticulture exists within the proposed expansion 
area. TTB regulations require that viticulture be present within an 
area proposed to be added to an AVA. See 27 CFR 9.12(c). Therefore, the 
proposed expansion area cannot be added to the proposed Lewis-Clark 
Valley AVA because no evidence has been provided to show that 
viticulture currently takes place in the proposed expansion area.
    Secondly, TTB has determined that the proposed expansion area does 
not share the same climate and soils as the proposed Lewis-Clark Valley 
AVA and would not be included in the proposed AVA even if viticulture 
was taking place currently. With respect to climate conditions, the GDD 
accumulations provided by the commenter ranged from 1,984 to 2,150, 
which is a significantly lower range from the 2,613-3,036 range found 
within the proposed AVA. Some grape varietals may grow successfully in 
regions that have the range of GDD accumulations found in the proposed 
expansion area. However, because the GDD accumulations are 
significantly lower within the proposed expansion area, TTB believes 
that the grapes would be growing under different climatic conditions 
than are found within the proposed AVA. Although the commenter claims 
that climate research and projections suggest that temperatures within 
the proposed expansion area may eventually become as warm as those 
within the proposed Lewis-Clark Valley AVA, TTB's determinations 
concerning the establishment or expansion of AVAs are based on 
currently available climate data.
    Regarding the soils of the proposed expansion area, the commenter 
states that they are Andisols soils, which are composed largely of 
volcanic material. However, the proposed Lewis-Clark Valley AVA's soils 
are primarily Mollisols soils formed from decaying grasses and their 
roots. Although Andisols soils may be suitable for viticulture, the 
nutrients and minerals found in volcanic soils differ from those found 
in Mollisols soils and thus would create different growing conditions 
for grapevines.

[[Page 23159]]

    Therefore, due to both a lack of current viticulture and shared 
distinguishing features in the proposed expansion area, TTB has 
determined that it will not expand the proposed Lewis-Clark Valley AVA 
to include the proposed expansion area described in comment 34.

Opposition to Proposed Columbia Valley AVA Boundary Realignment

    TTB received one comment that supports the establishment of the 
proposed Lewis-Clark Valley AVA but opposes the proposed realignment of 
the Columbia Valley AVA (comment 35). The commenter, the owner of a 
vineyard within the proposed realignment area, stated that he believes 
his continued inclusion in the Columbia Valley AVA would be beneficial 
to his business and, therefore, he does not want his vineyard property 
to be removed from that AVA. Instead, the commenter stated that TTB 
should allow the proposed Lewis-Clark Valley to partially overlap the 
Columbia Valley because ``the geology, soils and climate of the 
proposed Lewis-Clark Valley AVA are quite similar to those of the 
Columbia Valley and mostly lay within the elevations affected by the 
Missoula floods.'' The commenter did not provide any evidence to 
support his claim.
    Because the proposed realignment of the Columbia Valley could 
potentially affect the business practices of wine industry members 
within the proposed realignment area, TTB published Notice No. 149A in 
the Federal Register on October 27, 2015 (80 FR 65670) to reopen the 
comment period for an additional 30 days. In Notice No. 149A, TTB asked 
for comments on whether the evidence provided in the petition to 
establish the proposed Lewis-Clark Valley AVA and to modify the 
boundary of the Columbia Valley AVA adequately demonstrates that the 
characteristics of the proposed realignment area are more similar to 
those of the rest of the proposed Lewis-Clark Valley AVA than to the 
distinguishing features of the Columbia Valley AVA. The reopened 
comment period closed November 27, 2015.

Comments Received During the Reopened Comment Period

    During the reopened comment period, TTB received six additional 
comments on Notice No. 149. All six comments supported the proposed 
realignment of the Columbia Valley AVA. Two of the comments supported 
the proposed realignment but provided no additional evidence. The 
remaining four comments (comments 39, 40, 41, and 42) provided 
substantive evidence to support the proposed realignment.
    Comment 39 was submitted by Dr. Wade Wolfe, who described himself 
as one of the contributors to the original Columbia Valley AVA 
petition. Dr. Wolfe states that defining the original ``east boundary 
of the Columbia Valley was especially problematic'' due to that 
region's cold temperatures, the lack of irrigation infrastructure for 
vineyards, and the use of the herbicide 2,4-D in the wheat fields of 
the Palouse. All of these factors, Dr. Wolfe states, limit the future 
of viticulture in the far eastern portion of the Columbia Valley AVA. 
In spite of these limiting factors, the decision was made to end the 
Columbia Valley at the Washington-Idaho border. Dr. Wolfe states his 
belief that a more appropriate eastern boundary would have been ``a 
location near the Columbia and Garfield County line about 30 miles west 
of Pullman, WA.'' At this point, the Snake River Valley narrows to very 
steep slopes, and elevations rise to over 2,000 feet, making commercial 
viticulture unlikely. Dr. Wolfe further stated that the narrow canyon 
continues along the Snake River until the river ``intersects with SR 12 
just west of Clarkston,'' where the river valley opens up again. This 
intersection is along the northern border of the proposed realignment 
area. Dr. Wolfe asserts that the narrow portion of the Snake River 
creates a logical separation between the valley system of the Columbia 
Valley AVA and the valley system of the proposed Lewis-Clark Valley 
AVA.
    Dr. Wolfe also states that the valley system of the proposed Lewis-
Clark Valley AVA, including the proposed realignment area, is further 
differentiated from the valley system of the Columbia Valley AVA by its 
separate rain shadow. Marine moisture is blocked from entering the 
Columbia Valley AVA by the Cascade Mountains. By contrast, the proposed 
Lewis-Clark Valley AVA is in the rain shadow of the Blue Mountains and 
extensions of the Rocky Mountains. This different rain shadow, 
according to Dr. Wolfe, ``redefines the valley drainage of this section 
of the Snake River and when combined with the Clearwater River 
drainage, justifies a separate valley AVA designation.''
    Comment 40 was submitted by a licensed geologist/hydrologist. The 
commenter states that while the Columbia Valley AVA and the proposed 
realignment area were both affected by repeated ``Ice Age outbursts'' 
from Lake Missoula, the effects of the floods were significantly 
different in both regions. The commenter states that the floods were 
backed up behind the Wallula Gap ``when twice as much floodwater 
entered the gap than could actually pass through. This hydraulic dam 
also temporarily reversed the flow of the Snake River to near 
Lewiston.'' As a result of the build-up of water behind the Wallula 
Gap, ``thick accumulations of sediment were deposited toward the center 
of the backflooded Walla Walla and Yakima Valleys,'' within the current 
Columbia Valley AVA.
    The commenter also states that the proposed realignment area was 
affected by the Bonneville Flood, which did not extend farther into the 
Columbia Valley AVA. The Bonneville Flood deposited ``sediments (soils) 
of a different character and composition'' into the region of the 
proposed Lewis-Clark Valley AVA and the proposed realignment area, 
including soils derived from eroded ``older sedimentary, metamorphic, 
and plutonic rocks of the North American craton.'' Finally, the 
commenter states that due to the ``higher relief of the canyonlands 
within the Lewis-Clark Valley,'' the soils of the proposed AVA and the 
proposed realignment area contain a higher percentage of ``talus and 
slopewash shed off the steep canyon walls.'' The commenter claims that 
these types of deposits are not common within the majority of the 
Columbia Valley AVA, which contains ``broad, low-relief basins.''
    Comment 41 is from a self-described local wine consumer. The 
comment largely summarizes the evidence provided in the petition to 
establish the proposed Lewis-Clark Valley AVA and realign the boundary 
of the Columbia Valley AVA. The commenter states that the proposed 
realignment area should be removed from the Columbia Valley AVA because 
``from a statistical perspective,'' the vineyards within the proposed 
realignment area ``would represent an outlier.'' He explains, ``If one 
were to view the Columbia Valley AVA as a map scatter diagram, the vast 
majority of vineyards are located in the Interstate-82 corridor between 
Walla Walla and Yakima, WA.'' Approximately 100 miles separate the 
nearest Columbia Valley AVA vineyard from the nearest vineyard in the 
proposed realignment area, the commenter claims. Based on the lack of 
vineyards between Interstate 82 and the proposed realignment area, the 
commenter believes that the current boundary of the Columbia Valley AVA 
extends too far east, and the southeastern Columbia Valley AVA boundary 
should be modified to place the proposed realignment area solely in the 
proposed Lewis-Clark Valley AVA.

[[Page 23160]]

    Comment 42 was submitted by Dr. Alan Busacca, who submitted the 
proposed Lewis-Clark Valley AVA petition. Dr. Busacca reiterated Dr. 
Wolfe's statement from comment 39 that the point where the Snake River 
narrows forms a logical division between the Columbia Valley AVA and 
the proposed Lewis-Clark Valley AVA. Dr. Busacca further reiterates 
that the topography of the proposed realignment area and the proposed 
AVA, which is described as a ``unique, almost bowl-like set of plateaus 
and benches,'' is distinctly different from the topography of the 
Columbia Valley AVA. Dr. Busacca also states that if the climate, 
topography, and geology of the proposed realignment area are similar to 
the Columbia Valley AVA, as the opposing commenter claims, then the 
soils would also be similar, since those three features affect the 
formation of soil. However, Dr. Busacca states that of the 80 soils 
found within both the proposed AVA and the proposed realignment area, 
fewer than 8 also occur in the main grape-growing regions of the 
Columbia Valley AVA. Therefore, Dr. Busacca claims that the small 
number of shared soils demonstrates that the proposed realignment area 
does not share similar topographic, geologic, and climatic 
characteristics with the Columbia Valley AVA.
    Finally, Dr. Busacca addresses the opposing commenter's statement 
that the proposed realignment area and the Columbia Valley AVA were 
both affected by the Missoula Floods. Dr. Busacca says that while the 
floodwaters did reach the proposed AVA, the waters had travelled almost 
100 miles upstream along the Snake River, against the flow of the 
river. As a result, within the proposed AVA, the floods ``caused almost 
no erosion, left little sediment behind, and thus did not today create 
more than a few tens of acres of unique terroir on small patched [sic] 
of flat land just above river level.'' By contrast, within the Columbia 
Valley AVA, the floods created the ``scabland'' regions and built up 
large deposits of ``gravel, sand and silt up to hundreds of feet deep. 
. . . A whisper and a whimper of such effects totaling a hundred acres 
or two are all that these floods caused in the Lewiston-Clarkston 
area.''

TTB Determination

    After careful review of the petition and the 43 comments in total 
received in response to Notices No. 149 and No. 149A, TTB finds that 
the evidence provided by the petitioner and the commenters supports the 
establishment of the Lewis-Clark Valley AVA and the realignment of the 
boundary of the Columbia Valley AVA, in portions of Washington and 
Idaho. The realignment is in accordance with TTB's determination that 
the canyon-and-bench topography and Mollisols soils of the realignment 
area are more similar to the features of the Lewis-Clark Valley AVA 
than to the broad, rolling floodplains and Aridisols soils of the 
Columbia Valley AVA. Therefore, TTB is removing the realignment area 
from the Columbia Valley AVA and placing it entirely within the Lewis-
Clark Valley AVA, as described in Notice No. 149. These determinations 
are made in accordance with the authority of the FAA Act, section 
1111(d) of the Homeland Security Act of 2002, as well as parts 4 and 9 
of the TTB regulations, and are effective 30 days from the publication 
date of this document.

Boundary Description

    See the narrative description of the boundary of the Lewis-Clark 
Valley AVA and the modification of the boundary of the Columbia Valley 
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 must 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, ``Lewis-Clark 
Valley,'' is 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 ``Lewis-Clark Valley'' in a brand name, including a 
trademark, or in another label reference as to the origin of the wine, 
must ensure that the product is eligible to use the AVA name as an 
appellation of origin.

Transition Period

    Once this final rule to establish the Lewis-Clark Valley AVA and to 
modify the boundary of the Columbia Valley AVA becomes effective, a 
transition rule will apply to labels for wines produced from grapes 
grown in the portion of the Lewis-Clark Valley AVA that was formerly 
within the Columbia Valley AVA. A label containing the words ``Columbia 
Valley'' in the brand name or as an appellation of origin may be used 
on such wine bottled for up to two years from the effective date of 
this final rule, provided that such label was approved prior to the 
effective date of this final rule and that the wine conforms to the 
standards for use of the label set forth in 27 CFR 4.25 or 4.39(i) in 
effect prior to the final rule. At the end of this two-year transition 
period, if a wine is no longer eligible for labeling with the Columbia 
Valley name (e.g., less than 85 percent of the wine is derived from 
grapes grown in the Columbia Valley, as modified in this final rule), 
then a label containing the words ``Columbia Valley'' in the brand name 
or as an appellation of origin would not be permitted on the bottle. 
TTB believes that the two-year period should provide adequate time to 
use up any existing labels. This transition period is described in the 
regulatory text for the Columbia Valley AVA published at the end of 
this final rule. In this final rule, TTB has added regulatory text to 
clarify that wine eligible for labeling with the Columbia Valley name 
under the new boundary of the Columbia Valley AVA will not be affected 
by the establishment of the Lewis-Clark Valley AVA or by this two-year 
transition period.

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

[[Page 23161]]

September 30, 1993. Therefore, no regulatory assessment is required.

Drafting Information

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

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

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

PART 9--AMERICAN VITICULTURAL AREAS

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

    Authority:  27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Amend Sec.  9.74 by revising paragraphs (b) and (c)(38) through (40) 
and adding paragraph (d) to read as follows:


Sec.  9.74  Columbia Valley.

* * * * *
    (b) Approved maps. The approved maps for determining the boundary 
of the Columbia Valley viticultural area are nine 1:250,000 scale 
U.S.G.S. maps and one 1:100,000 (metric) scale U.S.G.S. map. They are 
entitled:
    (1) Concrete, Washington, U.S.; British Columbia, Canada, edition 
of 1955, limited revision 1963;
    (2) Okanogan, Washington, edition of 1954, limited revision 1963;
    (3) Pendleton, Oregon, Washington, edition of 1954, revised 1973;
    (4) Pullman, Washington, Idaho, edition of 1953, revised 1974;
    (5) Clarkston, Washington, Idaho, Oregon, 1:100,000 (metric) scale, 
edition of 1981;
    (6) Ritzville, Washington, edition of 1953, limited revision 1965;
    (7) The Dalles, Oregon, Washington, edition of 1953, revised 1971;
    (8) Walla Walla, Washington, Oregon, edition of 1953, limited 
revision 1963;
    (9) Wenatchee, Washington, edition of 1957, revised 1971; and
    (10) Yakima, Washington, edition of 1958, revised 1971.
    (c) * * *
    (38) Then south following the Washington-Idaho State boundary on 
the 1:100,000 (metric) scale Clarkston, Washington, Idaho, Oregon map 
to the 600-meter elevation contour along the eastern boundary of 
section 9,
    R. 46 E./T. 11 N.; and then generally west following the meandering 
600-meter contour to the eastern boundary of section 17, R. 45E./T. 
11N.; then south following the eastern boundary of section 17 to the 
southern boundary of section 17; and then west following the southern 
boundaries of sections 17 and 18 to the Asotin-Garfield county line in 
section 19, R. 45E./T. 11N.;
    (39) Then south following the Garfield-Asotin county line to the 
600-meter elevation contour; then following generally west and south in 
a counterclockwise direction along the meandering 600-meter elevation 
contour to Charley Creek in section 4, R. 44 E./T. 9 N.; and then west 
following Charley Creek on to the township line between R. 42 E. and R. 
43 E.;
    (40) Then north following the township line between R. 42 E. and R. 
43 E. on the 1:250,000 scale ``Pullman, Washington, Idaho'' map to 
Washington Highway 128 at Peola;
* * * * *
    (d) Transition period. A label containing the words ``Columbia 
Valley'' in the brand name or as an appellation of origin approved 
prior to May 20, 2016 may be used on wine bottled before May 21, 2018 
if the wine conforms to the standards for use of the label set forth in 
Sec.  4.25 or Sec.  4.39(i) of this chapter in effect prior to May 20, 
2016.

0
3. Add Sec.  9.256 to read as follows:


Sec.  9.256  Lewis-Clark Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Lewis-Clark Valley''. For purposes of part 4 of this 
chapter, ``Lewis-Clark Valley'' is a term of viticultural significance.
    (b) Approved maps. The three United States Geographical Survey 
(USGS) 1:100,000 (metric) scale topographic maps used to determine the 
boundary of the Lewis-Clark Valley viticultural area are titled:
    (1) Clarkston, Wash.-Idaho-Oregon, 1981;
    (2) Orofino, Idaho-Washington, 1981; and
    (3) Potlatch, Idaho, 1981.
    (c) Boundary. The Lewis-Clark Valley viticultural area is located 
in Nez Perce, Lewis, Clearwater, and Latah Counties, Idaho, and Asotin, 
Garfield, and Whitman Counties, Washington. The boundary of the Lewis-
Clark Valley viticultural area is as follows:
    (1) The beginning point is located on the Clarkston map in 
Washington State along the Garfield-Asotin County line at the southwest 
corner of section 18, T11N/R45E. From the beginning point, proceed east 
along the southern boundary line of section 18, crossing over the Snake 
River, and continue along the southern boundary line of section 17, 
T11N/R45E, to the southeast corner of section 17; then
    (2) Proceed north along the eastern boundary line of section 17 to 
the 600-meter elevation contour; then
    (3) Proceed generally east-northeast along the meandering 600-meter 
elevation contour, crossing into Idaho and onto the Orofino map, then 
continue to follow the elevation contour in an overall clockwise 
direction, crossing back and forth between the Orofino and Clarkston 
maps and finally onto the Potlatch map, and then continuing to follow 
the 600-meter elevation contour in a clockwise direction to the 
elevation contour's intersection with the southern boundary line of 
section 1, T37N/R1W, on the Potlatch map, north of the Nez Perce Indian 
Reservation boundary and west of the Dworshak Reservoir (North Fork of 
the Clearwater River) in Clearwater County, Idaho; then
    (4) Cross the Dworshak Reservoir (North Fork of the Clearwater 
River) by proceeding east along the southern boundary line of section 
1, T37N/R1E, to the southeastern corner of section 1; then by 
proceeding north along the eastern boundary line of section 1 to the 
southwest corner of section 6, T37N/R2E; and then by proceeding east 
along the southern boundary line of section 6 to the 600-meter 
elevation contour; then
    (5) Proceed generally east initially, then generally south, and 
then generally southeast along the meandering 600-meter elevation 
contour, crossing onto the Orofino map, and then continuing to follow 
the elevation contour in an overall clockwise direction, crossing back 
and forth between the Orofino and Potlatch maps, to the eastern 
boundary of section 13, T35N/R2E, on the Orofino map in Clearwater 
County, Idaho; then
    (6) Proceed south along the eastern boundary of section 13, T35N/
R2E, to the southeastern corner of section 13, T35N/R2E, northeast of 
Lolo Creek; then
    (7) Proceed west along the southern boundary line of section 13, 
T35N/R2E, to the Clearwater-Idaho County line in the middle of Lolo 
Creek; then
    (8) Proceed generally west-northwest along the Clearwater-Idaho 
County line (concurrent with Lolo Creek) to the Lewis County line at 
the confluence of Lolo Creek and the Clearwater River; then
    (9) Proceed generally south along the Lewis-Idaho County line 
(concurrent with the Clearwater River) to the northern boundary line of 
section 23, T35N/R2E; then
    (10) Proceed west along the northern boundary line of section 23, 
T35N/R2E, to the 600-meter elevation contour; then

[[Page 23162]]

    (11) Proceed generally northwest along the meandering 600-meter 
elevation contour, crossing onto the Potlatch map and then back onto 
the Orofino map and continuing generally southwest along the 600-meter 
elevation contour to the common T32N/T31N township boundary line along 
the southern boundary line of section 35, T32N/R5W, south of Chimney 
Creek (a tributary of the Snake River) in Nez Perce County, Idaho; then
    (12) Proceed west along the common T32N/T31N township boundary 
line, crossing Chimney Creek, to the Idaho-Washington State line 
(concurrent with the Nez Perce-Asotin County line) at the center of the 
Snake River; then
    (13) Proceed generally southeast along the Idaho-Washington State 
line in the Snake River to the northern boundary line of section 29, 
T31N/R5W; then
    (14) Proceed west along the northern boundary line of section 29, 
T31N/R5W, to the 600-meter elevation contour, northeast of Lime Hill in 
Asotin County, Washington; then
    (15) Proceed generally west and then generally south-southwest 
along the meandering 600-meter elevation contour to the southern 
boundary line of section 25, T7N/R46E; then
    (16) Proceed west along the southern boundary lines of section 25 
and 26, crossing onto the Clarkston map, and continuing along the 
southern boundary lines of section 26 to the 600-meter elevation 
contour west of Joseph Creek; then
    (17) Proceed southeast along the meandering 600-meter elevation 
contour to the western boundary line of section 34, T7N/R46E; then
    (18) Proceed north along the western boundary lines of sections 34 
and 27, T7N/R46E, crossing over the Grande Ronde River, to the 600-
meter elevation contour; then
    (19) Proceed generally northeast along the meandering 600-meter 
elevation contour and continue along the 600-meter elevation contour in 
a clockwise direction, crossing back and forth between the Clarkston 
and Orofino maps, until, on the Clarkston map, the 600-meter elevation 
line intersects the Garfield-Asotin County line for the third time 
along the western boundary of section 19, T11N/R45E; and then
    (20) Proceed north along the Garfield-Asotin County line, returning 
to the beginning point.

    Signed: March 28, 2016.
John J. Manfreda,
Administrator.
    Approved: April 15, 2016.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2016-09264 Filed 4-19-16; 8:45 am]
 BILLING CODE 4810-31-P
23156 Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations

the national government and the States, (e) Actions and Compliance DEPARTMENT OF THE TREASURY
or on the distribution of power and Comply with this AD within the
responsibilities among the various compliance times specified, unless already Alcohol and Tobacco Tax and Trade
levels of government. done. Bureau
For the reasons discussed above, I (1) Prior to exceeding 880 operating hours
certify this AD: since new on the adjusted HP/LP pump and 27 CFR Part 9
(1) Is not a ‘‘significant regulatory metering valve assembly or within 50
[Docket No. TTB–2015–0005; T.D. TTB–136;
action’’ under Executive Order 12866, operating hours after the effective date of this
Ref: Notice Nos. 149 & 149A]
AD, whichever occurs later:
(2) Is not a ‘‘significant rule’’ under (i) Remove from service the adjusted HP/ RIN 1513–AC14
the DOT Regulatory Policies and LP pump and metering valve assembly and
Procedures (44 FR 11034, February 26, replace with a part that is eligible for Establishment of the Lewis-Clark
1979), installation, and Valley Viticultural Area and
(3) Will not affect intrastate aviation (ii) replace the constant delta-P diaphragm Realignment of the Columbia Valley
in Alaska to the extent that it justifies of the fuel metering valve. Viticultural Area
making a regulatory distinction, and (2) Reserved.
(4) Will not have a significant AGENCY: Alcohol and Tobacco Tax and
(f) Installation Prohibition Trade Bureau, Treasury.
economic impact, positive or negative,
After the effective date of this AD, do not ACTION: Final rule; Treasury decision.
on a substantial number of small entities
install into any engine any pre-TU 193
under the criteria of the Regulatory adjusted HP/LP pump and metering valve SUMMARY: The Alcohol and Tobacco Tax
Flexibility Act. assembly, nor install onto any helicopter any and Trade Bureau (TTB) establishes the
List of Subjects in 14 CFR Part 39 engine that has a pre-TU 193 adjusted HP/LP approximately 306,650-acre Lewis-Clark
pump and metering valve assembly. Valley viticultural area in portions of
Air transportation, Aircraft, Aviation
(g) Alternative Methods of Compliance Nez Perce, Lewis, Clearwater, and Latah
safety, Incorporation by reference,
(AMOCs) Counties in Idaho and Asotin, Garfield,
Safety.
The Manager, Engine Certification Office, and Whitman Counties in Washington.
Adoption of the Amendment FAA, may approve AMOCs for this AD. Use TTB is also modifying the boundary of
the procedures found in 14 CFR 39.19 to the existing Columbia Valley
Accordingly, under the authority
make your request. You may email your viticultural area to eliminate a partial
delegated to me by the Administrator,
request to: ANE-AD-AMOC@faa.gov. overlap with the Lewis-Clark Valley
the FAA amends 14 CFR part 39 as
viticultural area. The boundary
follows: (h) Related Information
modification will decrease the size of
(1) For more information about this AD, the approximately 11,370,320-acre
PART 39—AIRWORTHINESS contact Kyle Gustafson, Aerospace Engineer,
DIRECTIVES Columbia Valley viticultural area by
Engine Certification Office, FAA, Engine & approximately 57,020 acres. The Lewis-
Propeller Directorate, 1200 District Avenue, Clark Valley viticultural area is not
■ 1. The authority citation for part 39 Burlington, MA 01803; phone: 781–238–
continues to read as follows: located within and does not overlap any
7183; fax: 781–238–7199; email: kyle.
other viticultural area. TTB designates
Authority: 49 U.S.C. 106(g), 40113, 44701. gustafson@faa.gov.
viticultural areas to allow vintners to
(2) Refer to MCAI European Aviation
§ 39.13 [Amended] Safety Agency AD 2015–0213, dated October
better describe the origin of their wines
16, 2015, for more information. You may and to allow consumers to better
■ 2. The FAA amends § 39.13 by adding identify wines they may purchase.
the following new airworthiness examine the MCAI in the AD docket on the
Internet at https://www.regulations.gov/ DATES: This final rule is effective May
directive (AD):
#!documentDetail;D=FAA-2015-5539-0002. 20, 2016.
2016–08–16 Turbomeca S.A.: Amendment (3) Turbomeca S.A. Mandatory Service FOR FURTHER INFORMATION CONTACT:
39–18493; Docket No. FAA–2015–5539; Bulletin No. 292 73 2193, Version A, dated
Directorate Identifier 2015–NE–37–AD.
Karen A. Thornton, Regulations and
July 16, 2015, can be obtained from Rulings Division, Alcohol and Tobacco
(a) Effective Date Turbomeca S.A., using the contact Tax and Trade Bureau, 1310 G Street
information in paragraph (h)(4) of this AD.
This AD becomes effective May 25, 2016. NW., Box 12, Washington, DC 20005;
(4) For service information identified in
(b) Affected ADs
phone 202–453–1039, ext. 175.
this AD, contact Turbomeca S.A., 40220
Tarnos, France; phone: 33 (0)5 59 74 40 00; SUPPLEMENTARY INFORMATION:
None.
fax: 33 (0)5 59 74 45 15. Background on Viticultural Areas
(c) Applicability (5) You may view this service information
This AD applies to all Turbomeca S.A. at the FAA, Engine & Propeller Directorate, TTB Authority
Arriel 2E turboshaft engines that have a pre- 1200 District Avenue, Burlington, MA. For
TU 193 adjusted high-pressure/low-pressure Section 105(e) of the Federal Alcohol
information on the availability of this
(HP/LP) pump and metering valve assembly, Administration Act (FAA Act), 27
material at the FAA, call 781–238–7125.
installed. U.S.C. 205(e), authorizes the Secretary
(i) Material Incorporated by Reference of the Treasury to prescribe regulations
(d) Reason
None. for the labeling of wine, distilled spirits,
This AD was prompted by reports of fuel and malt beverages. The FAA Act
flow non-conformities found during Issued in Burlington, Massachusetts, on
provides that these regulations should,
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acceptance tests of Arriel 2E hydro- April 12, 2016.
among other things, prohibit consumer
mechanical metering units. We are issuing Ann C. Mollica,
this AD to prevent failure of the constant deception and the use of misleading
Acting Manager, Engine & Propeller statements on labels and ensure that
delta-pressure (delta-P) diaphragm of the fuel
Directorate, Aircraft Certification Service. labels provide the consumer with
metering valve, which could result in an
uncommanded in-flight shutdown and [FR Doc. 2016–09121 Filed 4–19–16; 8:45 am] adequate information as to the identity
damage to the helicopter. BILLING CODE 4910–13–P and quality of the product. The Alcohol

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Federal Register / Vol. 81, No. 76 / Wednesday, April 20, 2016 / Rules and Regulations 23157

and Tobacco Tax and Trade Bureau • An explanation of the basis for proposed AVA are the gently rolling
(TTB) administers the FAA Act defining the boundary of the proposed hills of the Palouse high prairie, where
pursuant to section 1111(d) of the AVA; the elevations can reach approximately
Homeland Security Act of 2002, • A narrative description of the 2,800 feet.
codified at 6 U.S.C. 531(d). The features of the proposed AVA affecting Due to its lower elevations, the
Secretary has delegated various viticulture, such as climate, geology, climate of the proposed Lewis-Clark
authorities through Treasury soils, physical features, and elevation, Valley is generally warmer than that of
Department Order 120–01 (dated that make the proposed AVA distinctive the surrounding regions and is suitable
December 10, 2013, superseding and distinguish it from adjacent areas for growing a variety of grape varietals,
Treasury Order 120–01 (Revised), outside the proposed AVA boundary; including Cabernet Sauvignon,
‘‘Alcohol and Tobacco Tax and Trade • The appropriate United States Chardonnay, Merlot, and Cabernet
Bureau,’’ dated January 24, 2003), to the Geological Survey (USGS) map(s) Franc. The warm temperatures of the
TTB Administrator to perform the showing the location of the proposed proposed AVA have earned the region
functions and duties in the AVA, with the boundary of the the nickname ‘‘banana belt of the Pacific
administration and enforcement of these proposed AVA clearly drawn thereon; Northwest.’’ Growing degree day (GDD)
laws. and accumulations within the proposed
• A detailed narrative description of AVA range from 2,613 to 3,036. GDD
Part 4 of the TTB regulations (27 CFR
the proposed AVA boundary based on accumulations in the surrounding
part 4) authorizes TTB to establish
USGS map markings. regions are all below 2,000, which is too
definitive viticultural areas and regulate
the use of their names as appellations of Lewis-Clark Valley Petition low for the consistent, successful
origin on wine labels and in wine ripening of most varietals of V. vinifera
TTB received a petition from Dr. Alan grapes.
advertisements. Part 9 of the TTB Busacca, a licensed geologist and Low shrubs and perennial grasses that
regulations (27 CFR part 9) sets forth founder of Vinitas Consultants, LLC, on have deep masses of fine roots
standards for the preparation and behalf of the Palouse-Lewis Clark Valley constitute the native vegetation of the
submission of petitions for the Wine Alliance and the Clearwater proposed Lewis-Clark Valley AVA. The
establishment or modification of Economic Development Association. decomposition of these native grasses
American viticultural areas (AVAs) and The petition proposed to establish the and their root mats has contributed to
lists the approved AVAs. Lewis-Clark Valley AVA and modify the the formation of nutrient-rich soils
Definition boundary of the existing Columbia within the proposed AVA. The soils are
Valley AVA (27 CFR 9.74). There are 3 high in organic materials that promote
Section 4.25(e)(1)(i) of the TTB wineries and approximately 16 healthy vine growth. The majority of
regulations (27 CFR 4.25(e)(1)(i)) defines commercially producing vineyards these soils are classified as Mollisols
a viticultural area for American wine as covering more than 81 acres within the soils. The Palouse region to the north of
a delimited grape-growing region having proposed AVA. According to the the proposed AVA has similar native
distinguishing features, as described in petition, an additional 50 acres of grapes grasses, but most of the land is used for
part 9 of the regulations, and a name are expected to be planted within the growing wheat, which is better suited to
and a delineated boundary, as next few years. the cooler climate of the Palouse. To the
established in part 9 of the regulations. The distinguishing features of the east, south, and west of the proposed
These designations allow vintners and proposed Lewis-Clark AVA include its AVA, conifer trees comprise most of the
consumers to attribute a given quality, topography, climate, native vegetation, native vegetation. The understories of
reputation, or other characteristic of a and soils. The proposed AVA is located these forested regions are covered with
wine made from grapes grown in an area at the confluence of the Snake and pine needle litter instead of perennial
to the wine’s geographic origin. The Clearwater Rivers. The topography of grasses. The pine needle litter remains
establishment of AVAs allows vintners the proposed AVA consists primarily of on the surface, so the organic material
to describe more accurately the origin of deep, V-notched canyons, low plateaus, released by the decomposition of the
their wines to consumers and helps and bench lands formed by the two needles does not mix as deeply into the
consumers to identify wines they may rivers. Almost none of the proposed soil as the material released by decaying
purchase. Establishment of an AVA is AVA consists of broad floodplains grass root mats. As a result, the soils of
neither an approval nor an endorsement typically associated with valley floors, forested regions are not as high in
by TTB of the wine produced in that which are susceptible to cold-air organic material and nutrients as the
area. pooling that can damage new growth soils within the proposed AVA.
Requirements and delay fruit maturation. Elevations Additionally, the soils to the east, south,
within the proposed AVA are below 600 and west of the proposed AVA are
Section 4.25(e)(2) of the TTB meters (approximately 1,970 feet). classified as Andisols soils, which are
regulations (27 CFR 4.25(e)(2)) outlines According to the petition, within the comprised primarily of ash and other
the procedure for proposing an AVA region of proposed AVA, elevations volcanic materials and contain only
and provides that any interested party above 600 meters are generally too cold small amounts of organic material.
may petition TTB to establish a grape- to support reliable ripening of the
growing region as an AVA. Section 9.12 varietals of Vitis vinifera (V. vinifera) Notice of Proposed Rulemaking and
of the TTB regulations (27 CFR 9.12) grapes that are grown within the Comments Received
prescribes standards for petitions for the proposed AVA, and winter freezes can TTB published Notice No. 149 in the
establishment or modification of AVAs. be hard enough to kill dormant vines. Federal Register on April 14, 2015 (80
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Petitions to establish an AVA must By contrast, the regions surrounding the FR 19902), proposing to establish the
include the following: proposed Lewis-Clark Valley AVA to Lewis-Clark Valley AVA. In the
• Evidence that the area within the the east, south, southwest, and west are document, TTB summarized the
proposed AVA boundary is nationally steep, rugged mountains with elevations evidence from the petition regarding the
or locally known by the AVA name ranging from approximately 2,000 feet name, boundary, and distinguishing
specified in the petition; to over 6,300 feet. To the north of the features for the proposed AVA. The

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(11) Proceed generally northwest Signed: March 28, 2016. period. It also notifies the public that no
along the meandering 600-meter John J. Manfreda, further consideration will be given to
elevation contour, crossing onto the Administrator. previously submitted proposals but that
Potlatch map and then back onto the Approved: April 15, 2016. such proposals may be resubmitted
Orofino map and continuing generally Timothy E. Skud, under the revised regulations. The
southwest along the 600-meter elevation paragraph relating to proposals
Deputy Assistant Secretary (Tax, Trade, and
contour to the common T32N/T31N Tariff Policy). regarding the same subject and
township boundary line along the proposals for the sharing of funds
[FR Doc. 2016–09264 Filed 4–19–16; 8:45 am]
southern boundary line of section 35, between two agencies is edited for
BILLING CODE 4810–31–P
clarity and moved to § 551.4, concerning
T32N/R5W, south of Chimney Creek (a
submission requirements and criteria,
tributary of the Snake River) in Nez
where it more appropriately belongs.
Perce County, Idaho; then POSTAL SERVICE The revision of § 551.4 sharpens the
(12) Proceed west along the common submission requirements and, among
T32N/T31N township boundary line, 39 CFR Part 551 other things, makes Postal Service
crossing Chimney Creek, to the Idaho- employees ineligible to submit
Semipostal Stamp Program
Washington State line (concurrent with proposals for semipostal stamps.
the Nez Perce-Asotin County line) at the AGENCY: Postal ServiceTM. The revision of § 551.5(a) removes
center of the Snake River; then ACTION: Final rule. certain restrictions on the
commencement date of the
(13) Proceed generally southeast along discretionary Semipostal Stamp
SUMMARY: This final rule revises the
the Idaho-Washington State line in the Program. Under current regulations, the
provisions governing the Postal
Snake River to the northern boundary Service’s discretionary Semipostal 10-year period for the discretionary
line of section 29, T31N/R5W; then Stamp Program to simplify and expedite semipostal stamp program would
(14) Proceed west along the northern the process for selecting causes for commence on a date determined by the
boundary line of section 29, T31N/R5W, semipostal stamps, and facilitate the Office of Stamp Services, but that date
to the 600-meter elevation contour, issuance of five such stamps over a 10- must be after the sales period of the
northeast of Lime Hill in Asotin County, year period. It also removes certain Breast Cancer Research stamp (BCRS) is
Washington; then restrictions on the commencement date concluded. Most recently, Public Law
for the Postal Service’s discretionary 114–99 (December 11, 2015) extended
(15) Proceed generally west and then that sales period to December 31, 2019.
Semipostal Stamp Program, and clarifies
generally south-southwest along the As revised, the 10-year period will
how many semipostal stamps issued
meandering 600-meter elevation contour commence on a date determined by the
under that program may be on sale at
to the southern boundary line of section Office of Stamp Services, but the date
any one time.
25, T7N/R46E; then need not be after the BCRS sale period
DATES: This rule is effective on: May 20,
(16) Proceed west along the southern 2016. concludes.
boundary lines of section 25 and 26, The revision of § 551.5(b) clarifies that
FOR FURTHER INFORMATION CONTACT: Lori although only one semipostal stamp
crossing onto the Clarkston map, and Mazzone, Manager, Stamp Products &
continuing along the southern boundary under the discretionary Semipostal
Exhibitions, 202–268–6711, Stamp Program under 39 U.S.C. 416 (a
lines of section 26 to the 600-meter lori.l.mazzone@usps.gov.
elevation contour west of Joseph Creek; ‘‘discretionary program semipostal
SUPPLEMENTARY INFORMATION: stamp’’) will be offered for sale at any
then
Publication of Proposed Rule one time, other semipostal stamps
(17) Proceed southeast along the required to be issued by Congress (such
meandering 600-meter elevation contour The Semipostal Authorization Act, as the BCRS) may be on sale when a
to the western boundary line of section Public Law 106–253, grants the Postal discretionary program semipostal stamp
34, T7N/R46E; then Service discretionary authority to issue is on sale. Current regulations state that
(18) Proceed north along the western and sell semipostal stamps to advance the Postal Service will offer only one
boundary lines of sections 34 and 27, such causes as it considers to be ‘‘in the semipostal stamp for sale at any given
national public interest and time during the 10-year period (not
T7N/R46E, crossing over the Grande
appropriate.’’ See 39 U.S.C. 416(b). On specifying whether it is a discretionary
Ronde River, to the 600-meter elevation
March 3, 2016, the Postal Service program semipostal stamp or a
contour; then published and requested comments semipostal stamp required by Congress).
(19) Proceed generally northeast along concerning a detailed revision of the As revised, the one-at-a-time limitation
the meandering 600-meter elevation rules concerning the discretionary on the sale of semipostal stamps applies
contour and continue along the 600- Semipostal Stamp Program, as set forth only to discretionary program
meter elevation contour in a clockwise in 39 CFR part 551 (81 FR 11164). As semipostal stamps.
direction, crossing back and forth summarized below, these changes are To minimize confusion regarding
between the Clarkston and Orofino designed to facilitate the smooth and applicable postage rates, the revision of
maps, until, on the Clarkston map, the efficient operation of the discretionary § 551.6 specifies that for purposes of
600-meter elevation line intersects the Semipostal Stamp Program. calculating the price of a semipostal, the
Garfield-Asotin County line for the third Revisions First-Class Mail® single-piece stamped
first-ounce rate of postage will be
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time along the western boundary of
section 19, T11N/R45E; and then The revision of § 551.3 streamlines considered ‘‘the rate of postage that
and simplifies the selection of causes to would otherwise regularly apply.’’
(20) Proceed north along the Garfield- receive funds raised through the sale of
Asotin County line, returning to the semipostal stamps, and states the Postal Comments and Response
beginning point. Service’s intention to issue five such The Postal Service received three
stamps over the statutory ten-year comments in response to the proposed

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Document Created: 2016-04-20 01:51:37
Document Modified: 2016-04-20 01:51:37
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; Treasury decision.
Dates		This final rule is effective May 20, 2016.
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.
FR Citation		81 FR 23156
RIN Number		1513-AC14
81 FR 23156 - Establishment of the Lewis-Clark Valley Viticultural Area and Realignment of the Columbia Valley Viticultural Area

DEPARTMENT OF THE TREASURYAlcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 81, Issue 76 (April 20, 2016)

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
