[Federal Register Volume 87, Number 107 (Friday, June 3, 2022)]
[Rules and Regulations]
[Pages 33634-33638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11709]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2021-0006; T.D. TTB-183; Ref: Notice No. 203]
RIN 1513-AC83


Establishment of the Rocky Reach Viticultural Area

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

ACTION: Final rule; Treasury decision.

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[[Page 33635]]

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes 
the 50-square mile ``Rocky Reach'' viticultural area in portions of 
Chelan and Douglas Counties, in Washington. The newly-established Rocky 
Reach viticultural area is located entirely within the existing 
Columbia Valley viticultural area. TTB designates viticultural areas to 
allow vintners to better describe the origin of their wines and to 
allow consumers to better identify wines they may purchase.

DATES: This final rule is effective July 5, 2022.

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, 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 grape-growing 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:
    <bullet> Evidence that the area within the proposed AVA boundary is 
nationally or locally known by the AVA name specified in the petition;
    <bullet> An explanation of the basis for defining the boundary of 
the proposed AVA;
    <bullet> 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;
    <bullet> 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;
    <bullet> 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
    <bullet> A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

Rocky Reach Petition

    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 portions of 
Chelan and Douglas Counties, in Washington, and lies entirely within 
the established 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 approximately 117 acres. 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. Elevations within the proposed AVA are 
below 1,600 feet. Near the floor of the canyon and low along the canyon 
sides are flat-topped terraces. According to the petition, the terraces 
within the 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, the terrain is rugged and mountainous and 
elevations rise rapidly to over 3,000 feet. 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, 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

[[Page 33636]]

basement bedrock. These rocks consist primarily of metamorphosed 
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 that the soils of the proposed AVA formed from 
wind-deposited sand and silt overlying cobblestone gravel, as well as 
from 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. The hot stones then radiate heat to the vines, promoting 
faster and more complete ripening. The coarse soils also more 
efficiently transmit water to deeper soil horizons, which encourages 
deeper root penetration than 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. Fine-grained 
loess and sand over a basalt substratum dominate the soils in the 
regions to the south and east of the proposed AVA. The petition did not 
include soil information for the region west of the proposed AVA.

Climate

    According to the petition, the proposed AVA's location at low 
elevations within the deep valley of the Columbia River allows it to 
have a warmer and longer growing season than the higher elevations of 
the surrounding mountains and plateaus. The petition included data on 
temperatures for the period of 2015-2017 measured at two locations 
within the proposed AVA and two locations in the region to the north of 
the proposed AVA. 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. The petition 
included data on temperatures in the region to the east of the proposed 
AVA for only 1 year, so TTB was unable to determine if temperature 
distinguishes the proposed AVA from the region to the east. The 
petition did not include information on temperatures in the regions to 
the west and south of the proposed AVA.
    During the three-year period, the average temperature within the 
proposed Rocky Reach AVA was 64.7 degrees Fahrenheit (F), with an 
average maximum temperature of 77.9 degrees F. The highest maximum 
temperature measured during that time period was 108.9 degrees F. The 
average minimum temperature within the proposed AVA was 52 degrees F, 
and the lowest minimum temperature was 29.2 degrees F. The average soil 
temperature was 68.8 degrees F.
    By comparison, during the same three-year period, the average 
temperature within the region to the north of the proposed AVA was 63 
degrees F, with an average maximum temperature of 74.9 degrees F. The 
highest maximum temperature measured during that time period was 105.4 
degrees F. The average minimum temperature within the region to the 
north was the same as within the proposed AVA, and the lowest minimum 
temperature was 29.9 degrees F, which was similar to the lowest minimum 
temperature within the proposed AVA. The average soil temperature was 
56.5 degrees F.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 203 in the Federal Register on July 15, 
2021 (86 FR 37260), proposing to establish the Rocky Reach 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 included the 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. 203.
    In Notice No. 203, 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 Rocky Reach AVA's 
location within the Columbia Valley AVA, 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 AVA. TTB also requested comments on whether the 
geographic features of the proposed AVA are so distinguishable from the 
established Columbia Valley AVA that the proposed AVA should no longer 
be part of the established AVA. The comment period closed September 13, 
2021.
    In response to Notice No. 203, TTB received one comment. The 
comment supported establishing the proposed AVA based on its distinct 
terroir. Of particular importance to the commenter was the presence of 
granitic gneiss/migmatite/schist bedrock, which the commenter claimed 
distinguishes the proposed AVA from the vast majority of land within 
the established Columbia Valley AVA.

TTB Determination

    After careful review of the petition and the comment received in 
response to Notice No. 203, TTB finds that the evidence provided by the 
petitioner supports the establishment of the Rocky Reach 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 ``Rocky Reach'' AVA in portions of 
Chelan and Douglas Counties, Washington, effective 30 days from the 
publication date of this document.
    TTB has also determined that the Rocky Reach AVA will remain part 
of the established Columbia Valley AVA. As discussed in Notice No. 203, 
the Rocky Reach AVA shares some broad characteristics with the 
established AVA. For example, elevations within the Columbia Valley AVA 
are generally below 2,000 feet, and the Rocky Reach AVA is located 
entirely below 2,000 feet. However, the Rocky Reach AVA has crystalline 
basement bedrock rich in silica, quartz, and mica, rather than the 
basalt bedrock that characterizes much of the rest of the Columbia 
Valley AVA, and the soils of the Rocky Reach AVA are more coarse-
grained than the loess-based soils that define most of the Columbia 
Valley AVA.

[[Page 33637]]

Boundary Description

    See the narrative description of the boundary of the Rocky Reach 
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 Rocky Reach 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 Rocky Reach AVA, its name, ``Rocky 
Reach,'' 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 regulations clarifies this point. Consequently, wine 
bottlers using the name ``Rocky Reach'' 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 Rocky Reach AVA will not affect the 
existing Columbia Valley 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 Columbia Valley will not be affected by 
the establishment of this new AVA. The establishment of the Rocky Reach 
AVA will allow vintners to use ``Rocky Reach'' and ``Columbia Valley'' 
as appellations of origin for wines made primarily from grapes grown 
within the Rocky Reach AVA if the wines meet the eligibility 
requirements for these appellations.

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.

The Regulatory Amendment

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

PART 9--AMERICAN VITICULTURAL AREAS

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

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Subpart C is amended by adding Sec.  9.287 to read as follows:


Sec.  9.287  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
    (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-

[[Page 33638]]

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: May 25, 2022.
Mary G. Ryan,
Administrator.

    Approved: May 26, 2022.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2022-11709 Filed 6-2-22; 8:45 am]
BILLING CODE 4810-31-P