85852 Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Rules and Regulations 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order JO 7400.11J, 

Airspace Designations and Reporting 

Points, dated July 31, 2024, and 

effective September 15, 2024, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASO NC E5 Asheville, NC [Amended] 

Asheville Regional Airport, NC 

(Lat. 35°26′10′′ N, long. 82°32′31′′ W) 

Mission Hospitals, NC 

(Lat. 35°34′31′′ N, long. 82°32′55′′ W) 

That airspace extending upward from 700 

feet above the surface within 6 miles each 

side of Runway 16/34 centerline, extending 

17 miles north and 21 miles south of the 

Asheville Regional Airport, and that airspace 

within a 6-mile radius of Mission Hospitals. 

* * * * * 

Issued in College Park, Georgia, on October 

23, 2024. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2024–25072 Filed 10–28–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2022–0014; T.D. TTB–198; 

Ref: Notice No. 219, 219A] 

RIN 1513–AD00 

Establishment of the Beverly, 

Washington 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 2,415-acre ‘‘Beverly, 

Washington’’ viticultural area (AVA) in 

Grant County, Washington. The Beverly, 

Washington AVA is located entirely 

within the established 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. 

DATES: This final rule is effective 

November 29, 2024. 

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: 

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). In addition, 

the Secretary has delegated certain 

administration and enforcement of these 

authorities to TTB through Treasury 

Order 120–01. 

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 to TTB 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, once 

approved, a name and a delineated 

boundary codified 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 allows any interested party to 

petition TTB to establish a grapegrowing region as an AVA. Section 9.12 

of the TTB regulations (27 CFR 9.12) 

prescribes standards for petitions to 

establish or modify 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; 

• If the proposed AVA is to be 

established within, or overlapping, an 

existing AVA, an explanation that both 

identifies the attributes of the proposed 

AVA that are consistent with the 

existing AVA and explains how the 

proposed AVA is sufficiently distinct 

from the existing AVA and therefore 

appropriate for separate recognition; 

and 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Rules and Regulations 85853 

1See Albert J. Winkler, General Viticulture 

(Berkeley: University of California Press, 1974), 

pages 61–64. In the Winkler climate classification 

system, annual heat accumulation during the 

growing season, measured in annual GDDs, defines 

climatic regions. One GDD accumulates for each 

degree Fahrenheit (F) that a day’s mean temperature 

is above 50 degrees F, the minimum temperature 

required for grapevine growth. 

• 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. 

Notice of Proposed Rulemakings and 

Comments Received 

TTB received a petition on behalf of 

Zirkle Fruit Company and local 

vineyard owners and winemakers 

proposing to establish the ‘‘Wanapum 

Village’’ AVA in Grant County, 

Washington. TTB proposed the 

establishment of the AVA in Notice No. 

219, which published in the Federal 

Register on November 28, 2022 (87 FR 

72927). In the notice, TTB summarized 

the evidence from the petition regarding 

the name, boundary, and distinguishing 

features for the proposed AVA. The 

notice also included information from 

the petition comparing 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. 219. The comment 

period closed on January 27, 2023. TTB 

received no comments in response to 

Notice No. 219. 

However, after the comment period 

closed, TTB received a request from the 

original petitioner asking to change the 

name of the proposed AVA from 

‘‘Wanapum Village’’ to ‘‘Beverly, 

Washington.’’ The petitioner stated that 

members of the Wanapum tribe 

expressed concerns about the use of 

their name for an AVA. The petitioner 

included sufficient name evidence to 

support the proposed name change. 

As a result of the request, TTB 

published Notice No. 219A in the 

Federal Register on October 5, 2023 (88 

FR 69113), proposing to change the 

name of the proposed Wanapum Village 

AVA to ‘‘Beverly, Washington.’’ No 

other changes to the proposed AVA 

were included in Notice No. 219A. The 

comment period closed December 4, 

2023. TTB received one comment in 

response to Notice No. 219A. The 

anonymous public comment expressed 

support for use of the name ‘‘Beverly, 

Washington’’ for the AVA, based both 

on respect for the Wanapum tribe 

regarding use of their name and 

‘‘Beverly’’ being a common name used 

in the local community to describe the 

region. 

TTB Determination 

After careful review of the petition 

and comment, TTB finds that the 

evidence provided by the petitioner 

supports the establishment of the 

Beverly, Washington AVA. Accordingly, 

under the authority of the FAA Act, 

section 1111(d) of the Homeland 

Security Act of 2002, and parts 4 and 9 

of the TTB regulations, TTB establishes 

the ‘‘Beverly, Washington’’ AVA in 

Grant County, effective 30 days from the 

publication date of this document. 

TTB has also determined that the 

Beverly, Washington AVA will remain 

part of the established Columbia Valley 

AVA. As discussed in Notice No. 219, 

the Beverly, Washington AVA shares 

some of the general viticultural features 

of the larger Columbia Valley AVA, 

such as elevations being below 2,000 

feet and annual growing degree day 

(GDD) accumulations 1 that did not fall 

below 2,800. However, the Beverly, 

Washington AVA has some distinctive 

features, namely its soils. Within the 

Beverly, Washington AVA, soils are 

primarily formed from sand and gravel 

deposited by water and are classified as 

sand and stony loamy sand. By contrast, 

T.D. ATF–190, which established the 

Columbia Valley AVA, described the 

soils of the Columbia Valley AVA as 

fine-grained soils derived from winddeposited silts and fine sand. 

The Beverly, Washington Viticultural 

Area 

Distinguishing features of the Beverly, 

Washington AVA include low, rolling 

hills with gentle to moderate slopes at 

an elevation of 515 to 950 feet. Soils are 

derived from ice-age flood deposits of 

sand and gravel mixed with winddeposited sand and are excessively to 

somewhat excessively well-drained. The 

four main soil series dominating the 

Beverly, Washington AVA are the 

Burbank, Winchester, Schwana, and 

Quincy series. According to the petition, 

soils within the AVA are coarse soils, 

which are less susceptible to erosion 

than soils formed in silt and fine sand; 

therefore, cover crops are not currently 

used in the AVA. Also, coarse-textured 

soils without cover crops warm faster 

than fine-grained soils. Such warmer 

soils promote earlier onset of 

phenological states in grapes, such as 

bud break and veraison. 

Climate in the Beverly, Washington 

AVA is warm and windy with a higher 

average growing season temperature, 

and higher GDD accumulations than 

most of the surrounding regions. The 

average growing season temperatures for 

the AVA range from 65.8 degrees 

Fahrenheit to 71.8 degrees Fahrenheit, 

with an average maximum temperature 

ranging from 78.2 degrees Fahrenheit to 

85.9 degrees Fahrenheit. GDD 

accumulations within the AVA range 

from 2,816 to 3,593. Wind speeds 

within the AVA are also high, with 

average wind speeds ranging from 7.1 

miles per hour to 7.8 miles per hour. 

Maximum wind speeds can reach 28.2 

miles per hour. According to the 

petition, warm temperatures and high 

GDD accumulations within the Beverly, 

Washington AVA allow vineyard 

owners to plant warmer-climate 

cultivars that require more heat to ripen. 

Additionally, cooler climate grape 

varietals planted in the AVA will ripen 

faster and accumulate more sugars than 

the same varietals planted in cooler 

regions. High winds within the AVA 

can reduce mildew pressure on the 

vines and promote development of 

smaller grapes with thicker skins. 

To the west of the Beverly, 

Washington AVA is the Columbia River 

floodplain with elevations between 500 

and 530 feet. Regions to the north and 

east of the AVA, which include the 

established Royal Slope AVA (27 CFR 

9.271), have finer-grained soils, lower 

temperatures, and are less windy. The 

topography of the regions to the north 

and east of the AVA consists of a single 

gentle slope with elevations up to 1,756 

feet. The soils within the Royal Slope 

AVA also differ from those of the 

Beverly, Washington AVA and consist 

of fewer medium-to coarse-grained soils. 

To the immediate south of the 

Beverly, Washington AVA is a rugged 

1,500-foot deep, 1.5-mile-wide cliffwalled canyon known as Sentinel Gap. 

This region has soils that are defined as 

‘‘rubble land-rock outcrop complex,’’ 

making this particular area unsuitable 

for viticulture. Regions farther to the 

south, including the established 

Wahluke Slope AVA (27 CFR 9.192), are 

gently sloping and have soils similar to 

the Beverly, Washington AVA. Data 

suggests that temperatures in the 

established Wahluke Slope AVA are 

more varied than in the Beverly, 

Washington AVA, with some locations 

reporting similar temperatures and GDD 

accumulations, while other locations 

reported higher or lower temperatures 

and GDD accumulations. However, the 

average and maximum wind speeds in 

the Beverly, Washington AVA are 


khammond on DSKJM1Z7X2PROD with RULES
85854 Federal Register / Vol. 89, No. 209 / Tuesday, October 29, 2024 / Rules and Regulations 

generally higher than in the Wahluke 

Slope AVA. 

Boundary Description 

See the narrative description of the 

boundary of the Beverly, Washington 

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. The Beverly, 

Washington AVA boundary may also be 

viewed on the AVA Map Explorer on 

the TTB website, at https://www.ttb.gov/ 

wine/ava-map-explorer. 

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 the Beverly, 

Washington AVA, its name, ‘‘Beverly, 

Washington,’’ will be recognized as a 

name of viticultural significance under 

§ 4.39(i)(3) of the TTB regulations (27 

CFR 4.39(i)(3)). The text of the 

regulations clarifies this point. 

Consequently, wine bottlers using the 

name ‘‘Beverly, Washington’’ in a brand 

name, including a trademark, or in 

another label reference 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 Beverly, 

Washington AVA will not affect any 

existing AVA. The establishment of the 

AVA will allow vintners to use 

‘‘Beverly, Washington’’ or ‘‘Columbia 

Valley’’ as an appellation of origin for 

wines made primarily from grapes 

grown within the 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, as amended. 

Therefore, no regulatory assessment is 

required. 

Drafting Information 

Mimi Torello 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 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 27 U.S.C. 205. 

Subpart C—Approved American 

Viticultural Areas 

■ 2. Add § 9.297 to subpart C to read as 

follows: 

§ 9.297 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. 

(b) Approved maps. The one United 

States Geological Survey (USGS) 

1:24,000 scale topographic map used to 

determine the boundary of the 

viticultural area is titled Beverly, 

Washington (2017). 

(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: 

(1) The beginning point is on the 

Beverly, Washington map at the 

intersection of State Highway 243 and 

southern boundary of section 34 just 

north of the town of Schwana. From the 

beginning point, proceed northwest 

along Highway 243 to its intersection 

with an unnamed local road on the 

north side of Wanapum Village, near the 

center of section 21; then 

(2) Proceed east in a straight line for 

2,450 feet to the 600-foot elevation 

contour; then 

(3) Proceed southeasterly along the 

600-foot elevation contour for 

approximately 1,500 feet to its 

intersection with an unnamed local road 

in section 22; then 

(4) Proceed northeasterly along the 

unnamed local road for approximately 

3,000 feet to its intersection with 

another unnamed local road; then 

(5) Proceed north-northeast in a 

straight line for approximately 500 feet 

to the intersection of Beverly Burke 

Road and an unnamed local road; then 

(6) Proceed northeasterly along 

Beverly Burke Road to the point where 

it becomes concurrent with the northern 

boundary of section 22, and continue 

east along Beverly Burke Road to its 

intersection with the eastern boundary 

of section 22; then 

(7) Proceed south along the eastern 

boundary of section 22 for one mile to 

its intersection with the northern 

boundary of section 26; then 

(8) Proceed east along the northern 

boundary of section 26 for one mile to 

its intersection with the eastern 

boundary of section 26; then 

(9) Proceed south along the eastern 

boundary of section 26 to its 

intersection with the 540-foot elevation 

contour; then 

(10) Proceed southwesterly along the 

540-foot elevation contour to its 

intersection with the southern boundary 

of section 26; then 

(11) Proceed west along the southern 

boundary of section 26 to its 

intersection with the eastern boundary 

of section 34; then 

(12) Proceed south along the eastern 

boundary of section 34 for 1 mile to its 

intersection with the southern boundary 

of section 34; then 

(13) Proceed west along the southern 

boundary of section 34 for 0.5 mile to 

the beginning point. 

Signed: October 22, 2024. 

Mary G. Ryan, 

Administrator. 

Approved: October 23, 2024. 

Aviva R. Aron-Dine, 

Deputy Assistant Secretary, Tax Policy. 

[FR Doc. 2024–25076 Filed 10–28–24; 8:45 am] 

BILLING CODE 4810–31–P 


khammond on DSKJM1Z7X2PROD with RULES