34952 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations 

§ 48.207 How may donations solicited 

under this subpart be used? 

(a) The Bureau-operated school must 

first use the funds to pay documented 

costs of the fundraising activity and 

must use the remaining funds in 

accordance with paragraph (b) of this 

section. 

(b) Funds and in-kind donations 

solicited under this subpart may be used 

for the school purposes identified in the 

solicitation. If the solicitation did not 

identify the school purposes, the funds 

and in-kind donations may be used for 

any school purposes defined in § 48.3 of 

this part. 

§ 48.208 How does a Bureau-operated 

school process donated funds? 

The Bureau will deposit all funds 

received as donations into the 

designated Treasury account. Once the 

Bureau deposits the funds, the Bureau 

will work with the Bureau-operated 

school to make the funds available for 

school purposes. 

§ 48.209 How must the Bureau-operated 

school report donations? 

Each Bureau-operated school that has 

received donations must submit an 

annual report to the Director containing 

the following information: 

(a) A list of donors, donation 

amounts, and estimated values of 

donated goods and services; 

(b) An accounting of all costs of 

fundraising activities; 

(c) Supporting documentation 

showing the donations were used for 

school purposes; and 

(d) A report of the results achieved by 

use of donations. 

Bryan Newland, 

Principal Deputy Assistant Secretary—Indian 

Affairs. 

[FR Doc. 2021–13196 Filed 6–30–21; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2020–0011; T.D. TTB–170; 

Ref: Notice No. 196] 

RIN 1513–AC63 

Establishment of the Goose Gap 

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 8,129-acre ‘‘Goose Gap’’ 

viticultural area in Benton County, 

Washington. The viticultural area is 

located entirely within the existing 

Yakima Valley and Columbia Valley 

viticultural areas. 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 August 

2, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Karen A. Thornton, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G Street 

NW, Box 12, Washington, DC 20005; 

phone 202–453–1039, ext. 175. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), 27 

U.S.C. 205(e), authorizes the Secretary 

of the Treasury to prescribe regulations 

for the labeling of wine, distilled spirits, 

and malt beverages. The FAA Act 

provides that these regulations should, 

among other things, prohibit consumer 

deception and the use of misleading 

statements on labels and ensure that 

labels provide the consumer with 

adequate information as to the identity 

and quality of the product. The Alcohol 

and Tobacco Tax and Trade Bureau 

(TTB) administers the FAA Act 

pursuant to section 1111(d) of the 

Homeland Security Act of 2002, 

codified at 6 U.S.C. 531(d). The 

Secretary has delegated the functions 

and duties in the administration and 

enforcement of these provisions to the 

TTB Administrator through Treasury 

Order 120–01, dated December 10, 2013 

(superseding Treasury Order 120–01, 

dated January 24, 2003). 

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 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 grapegrowing 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; 

• 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; 

• 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. 

Goose Gap Petition 

TTB received a petition from Alan 

Busacca, on behalf of the Goose Gap 

Wine Grower’s Association, proposing 

to establish the ‘‘Goose Gap’’ AVA. The 

proposed AVA is located in Benton 

County, Washington, and lies entirely 

within the established Yakima Valley 

(27 CFR 9.69) and Columbia Valley (27 


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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations 34953 

CFR 9.74) AVAs and does not overlap 

any other existing or proposed AVA. 

Within the approximately 8,129-acre 

proposed AVA, there are 2 commercial 

vineyards which cover a total of more 

than 1,800 acres, as well as 1 winery. 

The distinguishing features of the 

proposed Goose Gap AVA are its 

geology and soils. 

According to the petition, the 

proposed AVA is part of a series of 

folded hills and valleys collectively 

known as the Yakima Fold Belt, which 

runs from the Beezely Hills in the north 

to the Horse Heaven Hills in the south. 

The proposed Goose Gap AVA is 

comprised of two geographic features 

with similar viticultural conditions: 

Goose Gap and the adjoining Goose Hill. 

Goose Gap and Goose Hill together form 

part of a single folded and faulted block 

of the Columbia River Basalt. Goose Gap 

is formed from a syncline, a downfolded arch in the bedrock that creates 

a saddle-like shape, whereas Goose Hill 

is formed from an anticline, an arch-like 

structure of basalt that bends upwards 

to form a ridge and slopes. Goose Gap 

and Goose Hill both have an east-west 

orientation, south and southwest slopes 

that are too steep for planting, and 

plantable north and northeast slopes. By 

contrast, the petition states that all of 

the ridges and hills in the region 

surrounding the proposed AVA have a 

northwest-southeast orientation, 

plantable south and southwest slopes, 

and north and northeast slopes that are 

too steep for vineyards. Because 

vineyards in the proposed Goose Gap 

AVA are planted on north-and 

northeast-facing slopes, they receive less 

solar radiation than nearby vineyards 

planted on south- and southwest-facing 

slopes. As a result, grapes grown in the 

proposed AVA typically ripen later than 

the same varietals grown in the 

neighboring Red Mountain AVA (27 

CFR 9.167), which is to the northwest of 

the proposed AVA. 

Five main soil series comprise almost 

95 percent of the soils in the proposed 

Goose Gap AVA: Warden, Shano, Kiona, 

Hezel, and Prosser. The Warden series 

soils, which make up 65 percent of the 

proposed AVA, consist of wind-blown 

loess over layered or stratified silts and 

fine sands, and have rooting depths of 

six feet or more with no hardpans or 

other root-restrictive layers. Shano soils 

constitute seven percent of the proposed 

AVA and are also formed from windblown loess and are deep soils with low 

levels of organic material. Kiona soils 

comprise 9 percent of the proposed 

AVA and are formed in loess and rubble 

from fractured basalt. Hezel soils make 

up seven percent of the proposed AVA 

and are made of windblown sand over 

stratified silts and sands. Finally, 

Prosser soils comprise five percent of 

the proposed AVA and derive from 

loess mixed with flood sediments. 

Prosser soils are generally shallow and 

overlay fractured basalt bedrock. In 

comparison, Warden soils are less 

common in the established Red 

Mountain AVA to the northwest of the 

proposed AVA, the Horse Heaven Hills 

AVA (27 CFR 9.188) to the southwest of 

the proposed AVA, and in the 

established Yakima Valley AVA that 

encompasses the proposed AVA. 

Additionally, Scooteney soils comprise 

almost 11 percent of soils in the 

established Red Mountain AVA, and 

Ritzville soils comprise almost 30 

percent of the soils in the established 

Horse Heaven Hills AVA, yet both soil 

series are completely absent from the 

proposed Goose Gap AVA. 

Notice of Proposed Rulemaking and 

Comments Received 

TTB published Notice No. 196 in the 

Federal Register on October 23, 2020 

(85 FR 67469), proposing to establish 

the Goose Gap AVA. In the notice, TTB 

summarized the evidence from the 

petition regarding the name, boundary, 

and distinguishing features for the 

proposed AVA. The notice also 

compared the distinguishing features of 

the proposed AVA to the surrounding 

areas. For a detailed description of the 

evidence relating to the name, 

boundary, and distinguishing features of 

the proposed AVA, and for a detailed 

comparison of the distinguishing 

features of the proposed AVA to the 

surrounding areas, see Notice No. 196. 

In Notice No. 196, TTB solicited 

comments on the accuracy of the name, 

boundary, and other required 

information submitted in support of the 

petition. In addition, given the proposed 

AVA’s location within the Columbia 

Valley and Yakima Valley AVAs, TTB 

solicited comments on whether the 

evidence submitted in the petition 

regarding the distinguishing features of 

the proposed AVA sufficiently 

differentiates it from the established 

AVAs. TTB also requested comments on 

whether the geographic features of the 

proposed AVA are so distinguishable 

from the Columbia Valley and Yakima 

Valley AVAs that the proposed Goose 

Gap AVA should no longer be part of 

these established AVAs. The comment 

period closed December 22, 2020. 

In response to Notice No. 196, TTB 

received one comment. The comment, 

from a local vineyard owner, supported 

the proposed Goose Gap AVA. TTB did 

not receive any comments regarding the 

location of the proposed AVA within 

the established Columbia Valley and 

Yakima Valley AVAs. 

TTB Determination 

After careful review of the petition 

and the comments received in response 

to Notice No. 196, TTB finds that the 

evidence provided by the petitioner 

supports the establishment of the Goose 

Gap 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 ‘‘Goose 

Gap’’ AVA in Benton County, 

Washington, effective 30 days from the 

publication date of this document. 

TTB has also determined that the 

Goose Gap AVA will remain part of the 

established Columbia Valley AVA. As 

discussed in Notice No. 196, the Goose 

Gap AVA shares some broad 

characteristics with the established 

AVA. For example, elevations within 

the Goose Gap AVA and the Columbia 

Valley AVA are generally below 2,000 

feet. However, the Goose Gap AVA does 

have some features that differentiate it 

from the Columbia Valley AVA. For 

instance, the Goose Gap AVA 

encompasses a single folded and faulted 

block of Columbia River basalt, 

characterized by the Goose Gap syncline 

and the adjoining Goose Hill anticline. 

The Columbia Valley AVA, by contrast, 

consists of multiple ridges, hills, and 

valleys within a single broad basin. 

Finally, TTB has also determined that 

the Goose Gap AVA will remain part of 

the established Yakima Valley AVA. 

The two AVAs share soils that are a 

combination of glacial-flood and 

windborne soils, including the Warden 

soil series, and rest on Columbia River 

basalt. However, the Goose Gap AVA is 

unique among the hills of the Yakima 

Valley AVA in that it has an east-west 

alignment and plantable north and 

northeast slopes. Additionally, a major 

soil series of the Yakima Valley AVA is 

the Scooteney–Starbuck soil association. 

However, within the Goose Gap AVA, 

Scooteney soils are absent, and Starbuck 

soils comprise less than 2 percent of the 

soils. 

Boundary Description 

See the narrative description of the 

boundary of the Goose Gap AVA in the 

regulatory text published at the end of 

this final rule. 

Maps 

The petitioners provided the required 

maps, and they are listed below in the 

regulatory text. The Goose Gap AVA 

boundary may also be viewed on the 

AVA Map Explorer on the TTB website, 


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34954 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations 

at https://www.ttb.gov/wine/ava-mapexplorer. 

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 Goose 

Gap AVA, its name, ‘‘Goose Gap,’’ 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 ‘‘Goose Gap’’ in a brand name, 

including a trademark, or in another 

label reference as to the origin of the 

wine, will have to ensure that the 

product is eligible to use the AVA name 

as an appellation of origin. 

The establishment of the Goose Gap 

AVA will not affect the existing 

Columbia Valley or Yakima Valley 

AVAs, and any bottlers using 

‘‘Columbia Valley’’ or ‘‘Yakima Valley’’ 

as an appellation of origin or in a brand 

name for wines made from grapes grown 

within the Columbia Valley or Yakima 

Valley AVAs will not be affected by the 

establishment of this new AVA. The 

establishment of the Goose Gap AVA 

will allow vintners to use ‘‘Goose Gap’’, 

‘‘Yakima Valley,’’ and ‘‘Columbia 

Valley’’ as appellations of origin for 

wines made primarily from grapes 

grown within the Goose Gap AVA if the 

wines meet the eligibility requirements 

for the appellation. 

Regulatory Flexibility Act 

TTB certifies that this regulation will 

not have a significant economic impact 

on a substantial number of small 

entities. The regulation imposes no new 

reporting, recordkeeping, or other 

administrative requirement. Any benefit 

derived from the use of an AVA name 

would be the result of a proprietor’s 

efforts and consumer acceptance of 

wines from that area. Therefore, no 

regulatory flexibility analysis is 

required. 

Executive Order 12866 

It has been determined that this final 

rule is not a significant regulatory action 

as defined by Executive Order 12866 of 

September 30, 1993. Therefore, no 

regulatory assessment is required. 

Drafting Information 

Karen A. Thornton of the Regulations 

and Rulings Division drafted this final 

rule. 

List of Subjects in 27 CFR Part 9 

Wine. 

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 AREAS 

■ 2. Subpart C is amended by adding 

§ 9.277 to read as follows: 

§ 9.277 Goose Gap. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Goose 

Gap’’. For purposes of part 4 of this 

chapter, ‘‘Goose Gap’’ is a term of 

viticultural significance. 

(b) Approved maps. The 4 United 

States Geological Survey (USGS) 

1:24,000 scale topographic maps used to 

determine the boundary of the Goose 

Gap viticultural area are titled: 

(1) Benton City, WA, 2017; 

(2) Richland, WA, 2017; 

(3) Badger Mountain, WA, 2017; and 

(4) Webber Canyon, WA, 2017. 

(c) Boundary. The Goose Gap 

viticultural area is located in Benton 

County, Washington. The boundary of 

the Goose Gap viticultural area is as 

described in paragraphs (c)(1) through 

(12) of this section: 

(1) The beginning point is on the 

Benton City map at the intersection of 

Sections 10, 11, 15, and 14, T9N/R27E. 

From the beginning point, proceed 

southwesterly in a straight line for 

approximately 250 feet to the 700-foot 

elevation contour in Section 15, 

T9N/R27E; then 

(2) Proceed southwesterly along the 

700-ft elevation contour to its 

westernmost point in Section 15, 

T9N/R27E; then 

(3) Proceed southwesterly in a straight 

line to intersection of the 700-foot 

elevation contour and an unnamed 

intermittent stream in Section 16, 

T9N/R27E; then 

(4) Proceed southwesterly along the 

unnamed intermittent stream to its 

intersection with the 600-foot elevation 

contour in Section 20, T9N/R27E; then 

(5) Proceed south, then southwesterly 

along the 600-foot elevation contour, 

crossing onto the Webber Canyon map, 

for a total of approximately 3 miles to 

the intersection of the 600-foot elevation 

contour and the western boundary of 

Section 27, T9N/R27E; then 

(6) Proceed south along the western 

boundary of Section 27 to its 

intersection with the railroad tracks; 

then 

(7) Proceed southeasterly along the 

railroad tracks, crossing onto the Badger 

Mountain map, and continuing along 

the railroad tracks for a total of 

approximately 3 miles to the 

intersection of the railroad tracks with 

Dallas Road in Section 36, T9N/R27E; 

then 

(8) Proceed east, then north along 

Dallas Road for approximately 2 miles 

to its intersection with Interstate 182 in 

Section 20, T9N/R28E; then 

(9) Proceed west along Interstate 182 

and onto the ramp to Interstate 82, and 

continue northwesterly along Interstate 

82, crossing over the southwestern 

corner of the Richland map and onto the 

Benton City map, to the intersection of 

Interstate 82 and an intermittent stream 

in Section 13, T9N/R27E; then 

(10) Proceed northwesterly along the 

intermittent stream to its intersection 

with E. Kennedy Road NE in Section 13, 

T9N/R27E; then 

(11) Proceed north in a straight line to 

the northern boundary of Section 13, 

T9N/R27E; then 

(12) Proceed westerly along the 

northern boundaries of Sections 13 and 

14, returning to the beginning point. 

Signed: June 21, 2021. 

Mary G. Ryan, 

Administrator. 

Approved: June 21, 2021. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2021–14047 Filed 6–30–21; 8:45 am] 

BILLING CODE 4810–31–P 


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