37260 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 

the flotation bags in a ditching event, 

preventing a timely egress from the 

helicopter and consequent injury to the 

helicopter occupants. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Requirements 

Except as specified in paragraph (h) of this 

AD: Comply with all required actions and 

compliance times specified in, and in 

accordance with, EASA AD 2018–0279. 

(h) Exceptions to EASA AD 2018–0279 

(1) Where EASA AD 2018–0279 requires 

compliance in terms of flight hours, this AD 

requires using hours time-in-service. 

(2) Where EASA AD 2018–0279 requires 

compliance from its effective date, this AD 

requires using the effective date of this AD. 

(3) Where the service information required 

by EASA AD 2018–0279 specifies recording 

compliance with the service bulletin in the 

helicopter logbook, this AD does not include 

that requirement. 

(4) Where EASA AD 2018–0279 identifies 

all Model AW189 helicopters, all serial 

numbers in the applicability, this AD is only 

applicable to Model AW189 with an affected 

EFS assembly as defined in the definitions 

paragraph of the EASA AD. 

(5) This AD does not require the 

‘‘Remarks’’ section of EASA AD 2018–0279. 

(i) No Reporting Requirement 

Although the service information 

referenced in EASA AD 2018–0279 specifies 

to submit certain information to the 

manufacturer, this AD does not include that 

requirement. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, International Validation 

Branch, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. In 

accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the International Validation 

Branch, send it to the attention of the person 

identified in paragraph (k)(2) of this AD. 

Information may be emailed to: 9-AVS-AIR730-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Related Information 

(1) For EASA AD 2018–0279, contact 

EASA, Konrad-Adenauer-Ufer 3, 50668 

Cologne, Germany; telephone +49 221 8999 

000; email ADs@easa.europa.eu; internet 

www.easa.europa.eu. You may find this 

EASA AD on the EASA website at https://

ad.easa.europa.eu. You may view this 

material at the FAA, Office of the Regional 

Counsel, Southwest Region, 10101 Hillwood 

Pkwy., Room 6N–321, Fort Worth, TX 76177. 

For information on the availability of this 

material at the FAA, call (817) 222–5110. 

This material may be found in the AD docket 

at https://www.regulations.gov by searching 

for and locating Docket No. FAA–2021–0565. 

(2) For more information about this AD, 

contact Darren Gassetto, Aerospace Engineer, 

COS Program Management Section, 

Operational Safety Branch, Compliance & 

Airworthiness Division, FAA, 1600 Stewart 

Ave., Suite 410, Westbury, NY 11590; 

telephone (516) 228–7323; email 

Darren.Gassetto@faa.gov. 

(3) For service information identified in 

this AD, contact Leonardo S.p.A. Helicopters, 

Emanuele Bufano, Head of Airworthiness, 

Viale G.Agusta 520, 21017 C.Costa di 

Samarate (Va) Italy; telephone +39–0331– 

225074; fax +39–0331–229046; or at https:// 

www.leonardocompany.com/en/home. You 

may view this material at the FAA, Office of 

the Regional Counsel, Southwest Region, 

10101 Hillwood Pkwy., Room 6N–321, Fort 

Worth, TX 76177. For information on the 

availability of this material at the FAA, call 

(817) 222–5110. 

Issued on July 9, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–15021 Filed 7–14–21; 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–2021–0006; Notice No. 

203] 

RIN: 1513–AC83 

Proposed Establishment of the Rocky 

Reach Viticultural Area 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) proposes to 

establish the 50-square mile ‘‘Rocky 

Reach’’ American viticultural area 

(AVA) in portions of Chelan and 

Douglas Counties, Washington. The 

proposed AVA is located 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 September 13, 

2021. 

ADDRESSES: You may electronically 

submit comments to TTB on this 

proposal using the comment form for 

this document as posted within Docket 

No. TTB–2021–0006 on the 

Regulations.gov website at https://

www.regulations.gov. Within that 

docket, you also may view copies of this 

document, its supporting materials, and 

any comments TTB receives on this 

proposal. A direct link to that docket is 

available on the TTB website at https:// 

www.ttb.gov/wine/notices-of-proposedrulemaking under Notice No. 203. 

Alternatively, you may submit 

comments via postal mail to the 

Director, Regulations and Ruling 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street NW, Box 

12, Washington, DC 20005. Please see 

the Public Participation section below 

for further information on the comments 

requested regarding this proposal and 

on the submission, confidentiality, and 

public disclosure of comments. 

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 of petitions for the 

establishment or modification of 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 37261 

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 its 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 that affect 

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; 

• 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 

• A detailed narrative description of 

the proposed AVA boundary based on 

USGS map markings. 

Petition To Establish the Rocky Reach 

AVA 

TTB received a petition from Dr. 

Kevin Pogue, a professor of geology at 

Whitman College, proposing to establish 

the ‘‘Rocky Reach’’ AVA. Dr. Pogue 

submitted the petition on behalf of local 

vineyard owners and winemakers. The 

proposed AVA is located in Chelan and 

Douglas Counties, Washington, and is 

entirely within the existing Columbia 

Valley AVA (27 CFR 9.74). The petition 

notes that, although the proposed AVA 

covers 50 square miles, the Columbia 

River and the Rocky Reach Reservoir 

constitute approximately 24 percent of 

the total area. Within the proposed 

AVA, there are 7 commercial vineyards 

which cover a total of 117 acres. The 

distinguishing features of the proposed 

Rocky Reach AVA are its topography, 

geology, soils, and climate. 

Proposed Rocky Reach AVA 

Name Evidence 

The proposed Rocky Reach AVA takes 

its name from the Rocky Reach Dam and 

the Rocky Reach Reservoir (also known 

as Lake Entiat), both of which are within 

the proposed AVA. Steamboat captains 

first applied the name ‘‘Rocky Reach’’ to 

the region in the late 1800’s, to describe 

the rapids within a stretch, or ‘‘reach,’’ 

of the Columbia River. The petition 

included other examples of current use 

of the name ‘‘Rocky Reach’’ to describe 

the region of the proposed AVA. For 

example, the Rocky Reach Trail is a 

recreational trail within the proposed 

AVA, and the Rocky Reach Discovery 

Center provides educational and 

informational exhibits to visitors in the 

region. Rocky Reach Estates is a 

residential development within the 

proposed AVA. Finally, a local 

newspaper article refers to a 2018 

wildfire in the region of the proposed 

AVA as the ‘‘Rocky Reach Fire.’’ 

Boundary Evidence 

The proposed Rocky Reach AVA is 

located along both sides of the Columbia 

River and the Rocky Reach Reservoir in 

the western portion of the established 

Columbia Valley AVA. The proposed 

eastern and western boundaries are 

parallel to the Columbia River and 

follow elevation contours that 

approximate the extent of the river 

terraces. The northern boundary 

approximates the southernmost extent 

of the Cordilleran ice sheet during the 

last ice age glaciation, beyond which the 

geology and soils change. The southern 

boundary approximates the southern 

limit of exposures of metamorphic 

bedrock along the Columbia River and 

is also near the northern limit of 

urbanization associated with the cities 

of Wenatchee and East Wenatchee. 

Distinguishing Features 

According to the petition, the 

distinguishing features of the proposed 

Rocky Reach AVA are its topography, 

geology, soils, and climate. 

Topography 

The proposed Rocky Reach AVA is 

located along a stretch of the Columbia 

River where the river has eroded a deep 

canyon between the foothills of the 

Cascade Range to the west and the 

Waterville Plateau and Badger Mountain 

to the east. Flat-topped terraces are 

located near the floor of the canyon and 

low along the canyon sides. Elevations 

within the proposed AVA are below 

1,600 feet. According to the petition, the 

level terraces within the proposed AVA 

have long been used for agricultural 

purposes, including viticulture, due to 

the ease of farming on the nearly-level 

ground. 

West of the proposed AVA, elevations 

rise rapidly to over 3,000 feet, and the 

terrain is rugged and mountainous. To 

the east of the proposed AVA, 

elevations are also higher, rising to an 

average of 2,500 feet on the Waterville 

Plateau. According to the petition, the 

terrain is also much steeper to the east 

of the proposed AVA. To the north of 

the proposed AVA, within the 

established Lake Chelan AVA (27 CFR 

9.215), glaciers eroded a deep and broad 

glacial trough that is now filled by Lake 

Chelan. South of the proposed AVA, the 

valley of the Columbia River abruptly 

widens where the bedrock changes from 

hard, erosion-resistant metamorphic 

rocks to much softer sedimentary rocks. 

Geology 

According to the petition, 95 percent 

of the surface bedrock within the 

established Columbia Valley AVA 

consists of Cenozoic volcanic and 

sedimentary rock, predominantly 

Miocene Columbia River basalt, which 

is silica-poor and iron-rich. However, 

within the proposed Rocky Reach AVA, 

Columbia River erosion has removed the 

basalt and carved a deep valley into the 

underlying Mesozoic crystalline 

basement rocks. According to the 

petition, the region north of the 

proposed AVA, specifically the 

established Lake Chelan AVA, is the 

only other region within the Columbia 

River AVA that has this crystalline 

basement bedrock. These rocks consist 

primarily of metamorphosed 


khammond on DSKJM1Z7X2PROD with PROPOSALS
37262 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 

sedimentary and igneous rocks that are 

silica-rich and dominated by minerals 

like quartz and mica that are not found 

in the regions to the east, south, and 

west of the proposed AVA, which have 

basalt bedrock. As a result, grapevine 

roots that reach the bedrock of the 

proposed AVA come into contact with 

a chemical environment that is distinct 

from that associated with basalt 

bedrock. 

Soils 

The petition states the soils of the 

proposed AVA formed from winddeposited sand and silt overlying 

cobblestone gravel, and sand deposited 

by ice-age floods. The soils are typically 

clay-poor and well- to excessively-well 

drained. The thickness of the sand and 

silt is generally greater on the higher 

terraces within the proposed AVA, as 

their greater age has allowed more time 

for soils to be deposited. Most of the 

vineyards in the proposed AVA are on 

the lower terraces, where the soils are 

very coarse-grained and consist largely 

of cobblestones deposited by glacial 

floods and outwash. According to the 

petition, the stony surfaces of the lower 

terraces warm quickly, and the hot 

stones radiate heat to the vines and 

promote faster and more complete 

ripening. The coarser soils also more 

efficiently transmit water to deeper soil 

horizons, which encourages vines 

planted in those soils to have deeper 

roots than vines planted in silty or 

sandy soils. Finally, the petition notes 

that vineyards in the stony soils do not 

require the use of cover crops since 

erosion is not an issue due to the coarse 

texture. 

To the north of the proposed AVA, 

the soils of the glaciated valleys formed 

from glacial till, which is sediment 

deposited directly by melting glacial ice. 

The soils also contain volcanic ash and 

pumice, which are uncommon within 

the proposed Rocky Reach AVA. Loess 

and sand dominate the soils in the 

regions of the Columbia Valley AVA 

that are to the south and east of the 

proposed AVA. These soils are finer 

than the coarse-grained sands of the 

proposed AVA and contain a basalt 

substratum that is lacking in soils 

within the proposed AVA. The petition 

did not include soil information for the 

region west of the proposed AVA. 

Climate 

The proposed Rocky Reach AVA is 

located at low elevations within the 

deep valley of the Columbia River. 

According to the petition, the low 

elevations allow the proposed AVA to 

have a warmer and longer growing 

season than the higher elevations of the 

surrounding mountains and plateaus. 

The petition included information on 

the average temperature, extreme 

minimum and maximum temperatures, 

average maximum and minimum 

temperatures, and average soil 

temperatures from two locations within 

the proposed AVA, two locations north 

of the proposed AVA, and one location 

to the east of the proposed AVA. The 

data from within and to the north of the 

proposed AVA was collected from 

2015–2017, while data from the region 

to the east was only available for 2017. 

Temperature data was not provided for 

the regions to the west or south of the 

proposed AVA. 

TABLE 1—TEMPERATURES IN DEGREES FAHRENHEIT (F) 

Weather station (direction from proposed 

AVA) 

Average 

temperature 

Average 

minimum 

temperature 

Average 

maximum 

temperatures 

Extreme 

minimum 

temperature 

Extreme 

maximum 

temperature 

Average soil 

temperature 

2015 

Boyd District (north) ................................. 62.8 50.8 75.6 31.3 105.4 68.1 

Chelan South (north) ............................... 66.1 56.1 77.3 34.6 104.6 68.5 

Brays Landing (within) ............................. 64.7 51.5 77.9 32.2 107.4 69.6 

Orondo (within) ........................................ 67.4 54.9 81.3 34.4 108.9 71.2 

2016 

Boyd District (north) ................................. 60.8 49 73 30.2 96.7 66.8 

Chelan South (north) ............................... 64.2 54.3 75.1 34.1 100.1 65.7 

Brays Landing (within) ............................. 63 50.2 75.5 29.2 100.4 67.3 

Orondo (within) ........................................ 65.7 53.7 78.6 35 103 69 

2017 

Boyd District (north) ................................. 60.3 48.2 73.3 29.9 100 66.1 

Chelan South (north) ............................... 63.6 53.5 75 34.1 101.3 65.6 

Brays Landing (within) ............................. 62.4 49.1 75.8 29.7 102.5 66.7 

Orondo (within) ........................................ 64.9 52.7 78.3 32.5 103.5 68.9 

Waterville North (east) ............................. 57.8 47.8 68.1 28.7 95.2 62.5 

The data indicates that the proposed 

Rocky Reach AVA generally has warmer 

average annual temperatures than the 

regions to the north, as well as higher 

maximum temperatures. Although the 

data suggests that the region to the east 

of the proposed AVA is cooler than the 

proposed AVA, the data is only from 

one year. Therefore, TTB is unable to 

determine if temperature does in fact 

distinguish the proposed AVA from the 

region to the east. 

Summary of Distinguishing Features 

The following table summarizes the 

characteristics of the proposed Rocky 

Reach AVA and the surrounding 

regions. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 37263 

TABLE 2—SUMMARY OF DISTINGUISHING FEATURES

Location Topography Geology Soils Climate 

Proposed Rocky 

Reach AVA.

Canyon floor of the Columbia River, with flattopped terraces and elevations below 1,600 feet.Mesozoic crystalline basement bedrock that is high 

in silica, mica, and 

quartz.

Wind-deposited sand and silt over 

cobblestone gravel and sand deposited by ice-age floods; claypoor; well- to excessively welldrained.

Warmer average annual 

temperatures than the 

regions to the north, as 

well as higher maximum 

temperatures. 

North ................. Deep, broad glacial trough Mesozoic crystalline basement bedrock that is high 

in silica, mica, and 

quartz.

Soils formed from glacial till; contains volcanic ash and pumice.Cooler temperatures. 

East .................. Waterville Plateau with elevations of an average of 

2,500 feet and steep 

slopes.

Cenozoic volcanic and sedimentary rock that is silica-poor and high in iron.Loess and sand; fine-grained, and 

contains a basalt substratum that 

is lacking in soils within the proposed AVA.

Insufficient data to determine if climate is distinguishable for this region. 

South ................ Valley of the Columbia 

River widens abruptly.

Cenozoic volcanic and sedimentary rock that is silica-poor and high in iron.Loess and sand; fine-grained, and 

contains a basalt substratum that 

is lacking in soils within the proposed AVA.

Not provided. 

West ................. Rugged mountains with 

elevations over 3,000 

feet.

Cenozoic volcanic and sedimentary rock that is silica-poor and high in iron.Not provided .................................... Not provided. 

Comparison of the Proposed Rocky 

Reach AVA to the Existing Columbia 

Valley AVA 

The Columbia Valley AVA was 

established by T.D. ATF–190, which 

published in the Federal Register on 

November 13, 1984 (49 FR 44895). T.D. 

ATF–190 describes the Columbia Valley 

AVA as a large, treeless basin 

surrounding the Yakima, Snake, and 

Columbia Rivers. Growing season 

lengths within the Columbia Valley 

AVA are over 150 days, and annual 

precipitation amounts are less than 15 

inches. Elevations within the Columbia 

Valley AVA are below 2,000 feet. 

The proposed Rocky Reach AVA 

shares some of the general viticultural 

features of the larger Columbia Valley 

AVA. For instance, elevations within 

the proposed AVA are below 2,000 feet, 

and much of the proposed AVA is 

relatively flat. The petition also states 

that the proposed AVA also has a 

growing season longer than 150 days. 

However, the proposed AVA also has 

characteristics that distinguish it from 

the larger Columbia Valley AVA. For 

example, the proposed AVA lacks the 

basalt bedrock and loess-based soils that 

define most of the Columbia Valley 

AVA. Additionally, although the terrain 

within the proposed AVA is relatively 

flat, it is within a deep canyon of the 

Columbia River, rather than on a broad 

plain. 

TTB Determination 

TTB concludes that the petition to 

establish the 50-square mile ‘‘Rocky 

Reach’’ AVA merits consideration and 

public comment, as invited in this 

document. 

Boundary Description 

See the narrative boundary 

descriptions of the petitioned-for AVA 

in the proposed regulatory text 

published at the end of this document. 

Maps 

The petitioner provided the required 

maps, and they are listed below in the 

proposed regulatory text. You may also 

view the proposed Rocky Reach AVA 

boundary 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. 

If TTB establishes this proposed AVA, 

its name, ‘‘Rocky Reach,’’ 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 proposed regulation clarifies 

this point. Consequently, wine bottlers 

using ‘‘Rocky Reach’’ 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 AVA name 

as an appellation of origin if this 

proposed rule is adopted as a final rule. 

The approval of the proposed Rocky 

Reach 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 

Rocky Reach AVA would not be affected 

by the establishment of this new AVA. 

If approved, the establishment of the 

proposed Rocky Reach AVA would 

allow vintners to use ‘‘Rocky Reach’’ or 

‘‘Columbia Valley’’ as appellations of 

origin for wines made from grapes 

grown within the proposed Rocky Reach 

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 Rocky 

Reach AVA. TTB is interested in 

receiving comments on the sufficiency 

and accuracy of the name, boundary, 

topography, geology, soils, and climate, 

and other required information 

submitted in support of the AVA 

petition. In addition, because the 

proposed Rocky Reach AVA would be 

within the existing Columbia Valley 

AVA, TTB is interested in comments on 


khammond on DSKJM1Z7X2PROD with PROPOSALS
37264 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 

whether the evidence submitted in the 

petition regarding the distinguishing 

features of the proposed AVA 

sufficiently differentiates it from the 

existing Columbia Valley AVA. TTB is 

also interested in comments on whether 

the geographic features of the proposed 

Rocky Reach AVA are so 

distinguishable from the Columbia 

Valley AVA that the proposed AVA 

should not be part of the established 

AVA. Please provide any available 

specific information in support of your 

comments. 

Because of the potential impact of the 

establishment of the proposed Rocky 

Reach AVA on wine labels that include 

the term ‘‘Rocky Reach’’ 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 

proposal as an individual or on behalf 

of a business or other organization via 

the Regulations.gov website or via 

postal mail, as described in the 

ADDRESSES section of this document. 

Your comment must reference Notice 

No. 203 and must be submitted or 

postmarked by the closing date shown 

in the DATES section of this document. 

You may upload or include attachments 

with your comment. You also may 

submit a comment requesting a public 

hearing on this proposal. 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, 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 

regarding comments on this proposal or 

to request copies of this document, its 

supporting materials, or the 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 

It has been determined that this 

proposed 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 

document. 

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 

■ 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. Subpart C is amended by adding 

§ 9.ll to read as follows: 

§ 9.ll Rocky Reach. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Rocky 

Reach’’. For purposes of part 4 of this 

chapter, ‘‘Rocky Reach’’ is a term of 

viticultural significance. 

(b) Approved maps. The 8 United 

States Geological Survey (USGS) 

1:24,000 scale topographic maps used to 

determine the boundary of the 

viticultural area are titled: 

(1) Ardenvoir, WA, 2003; 

(2) Chelan, WA, 2004; 

(3) Entiat, WA, 2003; 

(4) Orondo, WA, 2003; 

(5) Rocky Reach Dam, WA, 2003; 

(6) Waterville, WA, 2014; 

(7) Wenatchee, WA, 2003; and 

(8) Winesap, WA, 2004. 

(c) Boundary. The Rocky Reach 

viticultural area is located in Chelan 

and Douglas Counties in Washington. 

The boundary of the Rocky Reach 

viticultural area is as described in 

paragraphs (c)(1) through (13) of this 

section: 

(1) The beginning point is on the 

Wenatchee map at the intersection of 

the 1,200-foot elevation contour and the 

western boundary of section 15, T23N/ 

R20E. From the beginning point, 

proceed northeast along the 1,200-foot 

elevation contour, crossing over the 

Rocky Reach Dam map and onto the 

northwest corner of the Orondo map; 

then 

(2) Continue northeasterly, then 

southwesterly along the 1,200-foot 

elevation contour, crossing back onto 

the Rocky Reach Dam map and 

continuing southwesterly along the 

1,200-foot elevation contour to its 

intersection with the unnamed creek 

flowing from Spencer Lake; then 

(3) Proceed northeasterly along the 

1,200-foot elevation contour, crossing 

over the unnamed creek and continuing 

across the southeastern corner of the 

Ardenvoir map and onto the Entiat map; 

then 

(4) Continue northeasterly then 

westerly along the 1,200-foot elevation 

contour, crossing back onto the 

Ardenvoir map, and continuing along 

the elevation contour to its intersection 

with the R20E/R21E boundary, which is 

concurrent with the western boundary 

of section 18, T25N/R21E; then 

(5) Proceed north along the R20E/ 

R21E boundary, crossing over the Entiat 

River and the Entiat Ditch, to the 

intersection of the range boundary and 

the 1,200-foot elevation contour; then 

(6) Proceed easterly along the 1,200- 

foot elevation contour, crossing onto the 

Winesap map, and continuing 

northeasterly along the 1,200-foot 

elevation contour to its intersection 

with the boundary between sections 11 

and 12, T26N/R21E; then 

(7) Proceed north along the boundary 

between sections 11 and 12 for 

approximately 300 feet to its 

intersection with the 1,400-foot 

elevation contour; then 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Proposed Rules 37265 

(8) Proceed northeast, then south, 

then easterly along the 1,400-foot 

elevation contour, crossing Knapp 

Coulee and onto the Chelan map, and 

continuing east along the 1,400-foot 

elevation contour to its intersection 

with the northern boundary of section 1, 

T26N/R22E; then 

(9) Proceed south-southeasterly in a 

straight line, crossing the Columbia 

River, to the intersection of the 1,600- 

foot elevation contour and the R22E/ 

R23E boundary; then 

(10) Proceed generally westerly along 

the 1,600-foot elevation contour, 

crossing over the southeastern corner of 

the Winesap map and onto the Entiat 

map, and continuing southwesterly 

along the 1,600-foot elevation contour to 

its intersection with an unnamed stream 

in section 35, T26N/R21E; then 

(11) Proceed westerly (downstream) 

along the unnamed stream for 0.45 mile 

to its intersection with the 1,200-foot 

elevation contour; then 

(12) Proceed southerly along the 

1,200-foot elevation contour, crossing 

over the Orondo map and onto the 

Wenatchee map to the intersection of 

the elevation contour with the southern 

boundary of section 14, T23N/R20E; 

then 

(13) Proceed west-northwest in a 

straight line for 1.47 miles, crossing the 

Columbia River, 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. 2021–15054 Filed 7–14–21; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2021–0005; Notice No. 

202] 

RIN: 1513–AC81 

Proposed Establishment of the 

Paulsell Valley Viticultural Area 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) proposes to 

establish the 34,155-acre ‘‘Paulsell 

Valley’’ viticultural area in Stanislaus 

County, California. The proposed AVA 

is not located within, nor does it 

contain, 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. TTB invites comments on 

these proposals. 

DATES: TTB must receive your 

comments on or before September 13, 

2021. 

ADDRESSES: You may electronically 

submit comments to TTB on this 

proposal using the comment form for 

this document as posted within Docket 

No. TTB–2021–0005 on the 

‘‘Regulations.gov’’ website at https://

www.regulations.gov. Within that 

docket, you also may view copies of this 

document, the related petition, 

supporting materials, and any 

comments TTB receives on this 

proposal. A direct link to that docket is 

available on the TTB website at https:// 

www.ttb.gov/wine/notices-of-proposedrulemaking under Notice No. 202. 

Alternatively, you may submit 

comments via postal mail to the 

Director, Regulations and Ruling 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street NW, Box 

12, Washington, DC 20005. Please see 

the Public Participation section below 

for further information on the comments 

requested regarding this proposal and 

on the submission, confidentiality, and 

public disclosure of comments. 

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 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 its 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 that affect 

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) 


khammond on DSKJM1Z7X2PROD with PROPOSALS