[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Proposed Rules]
[Pages 69113-69114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22213]



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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

Docket No. TTB-2022-0014; Notice No. 219A, Ref: Notice No. 219]
RIN 1513-AC84


Proposed Establishment of the Wanapum Village Viticultural Area; 
Proposed Name Change to Beverly, Washington

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

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) is 
soliciting comments on a proposal to change the name of the proposed 
``Wanapum Village'' American viticultural area (AVA) to ``Beverly, 
Washington.'' The proposed AVA area is located in Grant County, 
Washington and is entirely within the existing Columbia Valley AVA. TTB 
designates viticultural areas to allow vintners to better describe the 
origin of their wines and to allow consumers to better identify wines 
they may purchase. TTB invites comments on these proposals.

DATES: TTB must receive your comments on or before December 4, 2023.

ADDRESSES: You may electronically submit comments to TTB on this 
proposal and view copies of this document, the original notice of 
proposed rulemaking, any supporting materials, and any comments TTB 
receives on this proposal within Docket No. TTB-2022-0014 as posted on 
Regulations.gov (https://www.regulations.gov), the Federal e-rulemaking 
portal. Please see the ``Public Participation'' section of this 
document below for full details on how to comment on this supplemental 
proposal via Regulations.gov or U.S. mail, and for full details on how 
to obtain copies of this document, its supporting materials, and any 
comments related to this proposal.

FOR FURTHER INFORMATION CONTACT: Mimi Torello, 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. 432.

SUPPLEMENTARY INFORMATION: The original petition for the proposed 
Wanapum Village AVA was submitted by Kevin Pogue, a professor of 
geology at Whitman College. Dr. Pogue submitted the petition on behalf 
of Zirkle Fruit Company and local vineyard owners and winemakers. The 
proposed AVA covers approximately 2,415 acres and is located entirely 
within the existing Columbia Valley AVA in Grant County, Washington. 
Notice No. 219, which proposed the AVA, was published in the Federal 
Register on November 28, 2022 (87 FR 72927), and the original comment 
period closed on January 27, 2023. TTB received no comments in response 
to Notice No. 219. For a discussion of the distinguishing features and 
name evidence of the proposed AVA, see Notice No. 219.

Petition To Change the Proposed AVA Name

    After the comment period closed, the petitioner requested that TTB 
change the name of the proposed AVA based on a request from members of 
the Wanapum tribe who expressed concerns about the use of their tribe's 
name for an AVA. To address those concerns, the petitioner amended his 
petition to instead request the AVA be named ``Beverly, Washington.'' 
No information regarding the proposed AVA other than information 
related to the name evidence has changed from the information published 
in Notice No. 219.
    Beverly is the name of a small, unincorporated community that lies 
entirely within the proposed AVA. Name evidence provided in the 
petitioner's amended request includes a Wikipedia page describing the 
community of Beverly as established around 1905 by H.R. Williams and 
named after the city of Beverly, Massachusetts. The 2017 edition of the 
1:24,000-scale topographic U.S.G.S. quadrangle map included with the 
original petition and used to draw the proposed AVA boundary is labeled 
``Beverly Quadrangle'' and contains the community of Beverly. Further 
current name usage provided by the petitioner includes the name 
``Beverly'' on local road signs along WA Hwy 243 and the intersection 
of Beverly-Burke Rd and WA Hwy 243. One of the vineyards located within 
the proposed AVA is named ``Beverly Vineyards,'' in addition to a local 
apartment complex named Beverly Apartments.

TTB Determination

    After reviewing the petitioner's request to change the name of the 
proposed AVA and the supporting evidence, TTB believes that the request 
has merit. TTB is issuing this supplemental notice of proposed 
rulemaking specifically to seek comments on the new proposed name of 
``Beverly, Washington.''

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.
    If TTB establishes this proposed AVA, its name, ``Beverly, 
Washington,'' will be recognized as a name of viticultural significance 
under Sec.  4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The 
text of the proposed regulation clarifies this point. Consequently, 
wine bottlers using ``Beverly, Washington'' in a brand name, including 
a trademark, or in another label reference as to the origin of the 
wine, would have to ensure that the product is eligible to use the 
viticultural area's name, ``Beverly, Washington.'' The approval of the 
proposed Beverly, Washington AVA would not affect any existing AVA, and 
any bottlers using ``Columbia Valley'' as an appellation of origin or 
in a brand name for wines made from grapes grown within the Beverly, 
Washington AVA would not be affected by the establishment of this new 
AVA. If approved, the establishment of the proposed Beverly, Washington 
AVA would allow vintners to use ``Beverly, Washington,'' ``Columbia 
Valley,'' or both AVA names as appellations of origin for wines made 
from grapes grown within the proposed AVA, if the wines meet the 
eligibility requirements for the appellation.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether TTB should establish the proposed ``Beverly,

[[Page 69114]]

Washington'' AVA, which was originally proposed as the ``Wanapum 
Village'' AVA in Notice No. 219. Please provide any available specific 
information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Beverly, Washington AVA on wine labels that include the term 
``Beverly, Washington'' as discussed above under Impact on Current Wine 
Labels, TTB is particularly interested in comments regarding whether 
there will be a conflict between the proposed area names and currently 
used brand names. If a commenter believes that a conflict will arise, 
the comment should describe the nature of that conflict, including any 
anticipated negative economic impact that approval of the proposed AVA 
will have on an existing viticultural enterprise. TTB is also 
interested in receiving suggestions for ways to avoid conflicts, for 
example, by adopting a modified or different name for the proposed AVA.

Submitting Comments

    You may submit comments on this document, Notice No. 219A, by using 
one of the following methods:
    <bullet> Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with Notice No. 219A within Docket No. TTB-
2022-0014 on ``Regulations.gov,'' the Federal e-rulemaking portal, at 
https://www.regulations.gov. A direct link to that docket is available 
under Notice No. 219A on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking. Supplemental files may be attached to 
comments submitted via Regulations.gov. For complete instructions on 
how to use Regulations.gov, visit the site and click on the ``About'' 
link.
    <bullet> U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
document. Your comments must reference Notice No. 219A and include your 
name and mailing address. Your comments also must be made in English, 
be legible, and be written in language acceptable for public 
disclosure. TTB does not acknowledge receipt of comments, and TTB 
considers all comments as originals.
    In your comment, please clearly state if you are commenting for 
yourself or on behalf of an association, business, or other entity. If 
you are commenting on behalf of an entity, your comment must include 
the entity's name, as well as your name and position title. If you 
comment via Regulations.gov, please enter the entity's name in the 
``Organization'' blank of the online comment form. If you comment via 
postal mail or hand delivery/courier, please submit your entity's 
comment on letterhead.
    You may also write to the TTB Administrator before the comment 
closing date to ask for a public hearing. The TTB Administrator 
reserves the right to determine whether to hold a public hearing.

Confidentiality and Disclosure of Comments

    All submitted comments and attachments are part of the rulemaking 
record and are subject to public disclosure. Do not enclose any 
material in your comments that you consider confidential or that is 
inappropriate for disclosure.
    TTB will post, and you may view, copies of this document, the 
related petition and selected supporting materials, and any comments 
TTB receives about this proposal within the related Regulations.gov 
docket. In general, TTB will post comments as submitted, and it will 
not redact any identifying or contact information from the body of a 
comment or attachment.
    Please contact TTB's Regulations and Rulings Division by email 
using the web form available at https://www.ttb.gov/contact-rrd, or by 
telephone at 202-453-2265, if you have any questions about commenting 
on this proposal or to request copies of this document, the related 
petition and its supporting materials, or any comments received.

Regulatory Flexibility Act

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

Executive Order 12866

    This proposed rule is not a significant regulatory action as 
defined by Executive Order 12866. Therefore, it requires no regulatory 
assessment.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

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

PART 9--AMERICAN VITICULTURAL AREAS

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

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Section 9.__, as proposed in notice of proposed rulemaking Notice 
No. 219, which published in the Federal Register on November 28, 2022 
(87 FR 72927), is amended by revising the section heading and 
paragraphs (a) and (c) introductory text to read as follows:


Sec.  9.__  Beverly, Washington.

    (a) Name. The name of the viticultural area described in this 
section is ``Beverly, Washington''. For purposes of part 4 of this 
chapter, ``Beverly, Washington'' is a term of viticultural 
significance.
* * * * *
    (c) Boundary. The Beverly, Washington viticultural area is located 
in Grant County, Washington. The boundary of the Beverly, Washington 
viticultural area is described as follows:
* * * * *

    Signed: September 29, 2023.
Mary G. Ryan,
Administrator.
    Approved: September 29, 2023.
Thomas C. West, Jr.
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2023-22213 Filed 10-4-23; 8:45 am]
BILLING CODE 4810-31-P