11540 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Rules and Regulations

between Sections 9 and 10, T. 9 N., R.

12 E., to its intersection with the Middle

Fork of the Cosumnes River (‘‘Aukum’’

Quadrangle);

(7) The boundary then follows along

the Middle Fork of the Cosumnes River

in a southeasterly direction onto the

‘‘Omo’’ Quadrangle map and continues

until it meets the range line between R.

12 E. and R. 13 E. (‘‘Aukum’’

Quadrangle and ‘‘Omo Ranch’’

Quadrangle);

(8) The boundary then follows south

along the range line between R. 12 E.

and R. 13 E. to its intersection with an

unnamed medium-duty road in T. 8 N.

(Omo Ranch Road) (‘‘Omo Ranch’’

Quadrangle);

(9) The boundary then continues west

in a straight line approximately 0.3

miles to the point where Cedar Creek

intersects with the 3200-foot contour

line, within Section 1, T. 8 N.,R. 12 E.

(‘‘Omo Ranch’’ Quadrangle);

(10) The boundary follows along

Cedar Creek west and then southwest

until it empties into Scott Creek

(‘‘Aukum’’ Quadrangle);

(11) The boundary then proceeds west

along Scott Creek until it empties into

the South Fork of the Cosumnes River

(‘‘Aukum’’ Quadrangle);

(12) The boundary continues west

along the South Fork of the Cosumnes

River to its intersection with the

U.S.G.S. map section line between

Sections 14 and 15, T. 8 N., R. 11 E.

(‘‘Aukum’’ Quadrangle); and

(13) Finally, the boundary follows

north along the section line back to its

intersection with the Middle Fork of the

Cosumnes River, the point of the

beginning. (‘‘Aukum’’ Quadrangle).

Dated: December 20, 2000.

Bradley A. Buckles,

Director.

Dated: January 5, 2001.

Timothy E. Skud,

Acting Deputy Assistant Secretary,

Regulatory, Tariff and Trade Enforcement.

[FR Doc. 01–4633 Filed 2–23–01; 8:45 am]

BILLING CODE 4810–31–P

DEPARTMENT OF THE TREASURY

Bureau of Alcohol, Tobacco and

Firearms

27 CFR Part 9

[T.D. ATF–441; RE: Notice No. 898]

RIN: 1512–AA07

Realignment of the Boundary of the

Walla Walla Valley Viticultural Area and

the Eastern Boundary of the Columbia

Valley Viticultural Area (99R–141P)

AGENCY: Bureau of Alcohol, Tobacco

and Firearms (ATF), Department of the

Treasury.

ACTION: Final rule, Treasury decision.

SUMMARY: This final rule extends the

boundary of the Walla Walla Valley

viticultural area. This action is the

result of petitions filed by growers and

winemakers located within the existing

area and in the new area being added.

This final rule also extends the

boundary of the Columbia Valley

viticultural area so that it coincides with

the boundary of Walla Walla Valley

viticultural area.

The establishment of viticultural areas

and the subsequent use of viticultural

area names as appellations of origin in

wine labeling and advertising allow

wineries to designate the specific areas

where the grapes used to make the wine

were grown and enable consumers to

better identify the wines they purchase.

EFFECTIVE DATE: April 27, 2001.

FOR FURTHER INFORMATION CONTACT: Lisa

M. Gesser, Regulations Division, Bureau

of Alcohol, Tobacco and Firearms, 650

Massachusetts Avenue, NW.,

Washington, DC 20226 (202–927–9347).

SUPPLEMENTARY INFORMATION:

Background

On August 23, 1978, ATF published

Treasury Decision ATF–53 (43 FR

37672, 54624) revising regulations in 27

CFR part 4. These regulations allow the

establishment of defined American

viticultural areas. The regulations also

allow the name of an approved

viticultural area to be used as an

appellation of origin in the labeling and

advertising of wine.

On October 2, 1979, ATF published

Treasury Decision ATF–60 (44 FR

56692) which added a new part 9 to 27

CFR, providing for the listing of

approved American viticultural areas.

Section 4.25a(e)(1), title 27, CFR,

defines an American viticultural area as

a delimited grape-growing region

distinguishable by geographical

features, the boundaries of which have

been delineated in subpart C of part 9.

Section 4.25a(e)(2) outlines the

procedure for proposing an American

viticultural area. Any interested person

may petition ATF to establish a grapegrowing region as a viticultural area.

The petition should include:

(a) Evidence that the name of the

proposed viticultural area is locally

and/or nationally known as referring to

the area specified in the petition;

(b) Historical or current evidence that

the boundaries of the viticultural area

are as specified in the petition;

(c) Evidence relating to the

geographical features (climate, soil,

elevation, physical features, etc.) which

distinguish the viticultural features of

the proposed area from surrounding

areas;

(d) A description of the specific

boundaries of the viticultural area,

based on features which can be found

on United States Geological Survey

(U.S.G.S.) maps of the largest applicable

scale; and

(e) A copy of the appropriate U.S.G.S.

map(s) with the boundaries prominently

marked.

Original Designation of the Walla Walla

Valley and Columbia Valley

Viticultural Areas

The Walla Walla Valley viticultural

area was established by Treasury

Decision (T.D.) ATF–165 on February 6,

1984 (49 FR 4374). The original petition,

filed by the Walla Walla Valley Wine

Growers Association, had requested

designation of an area of approximately

300,000 acres. At the time of the original

petition, ATF had been concerned that

the total area to be designated was very

large in proportion to the area used for

viticulture. ATF and the petitioner

agreed to reduce the size of the

proposed area to encompass only the

locations where grapes were being

commercially grown. As approved, the

Walla Walla Valley viticultural area

consisted of approximately 260,000

acres, and had two wine producers and

60 acres of grapes. The area was within

the counties of Walla Walla in

Washington State and Umatilla in

Oregon.

Later, when the Columbia Valley

viticultural area was designated (T.D.

ATF–190, November 13, 1984, [49 FR

44895–44899]), the Walla Walla Valley

viticultural area was thought to be

entirely within the Columbia Valley

viticultural area. In preparation for the

current rulemaking, we reviewed the

maps in question and discovered that

there is an area approximately 3 miles

long where the eastern boundary of the

Walla Walla Valley viticultural area

extends beyond the eastern boundary of

the Columbia Valley viticultural area.

Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Rules and Regulations 11541

See our further discussion under

‘‘Extension of the Columbia Valley

viticultural area.’’

Petitions for Extension of the

Boundaries of Walla Walla Valley

ATF received a petition from Mr.

Gaynor S. Derby of Spring Valley

Vineyards, requesting that the northern

boundary of the existing Walla Walla

Valley viticultural area be extended to

add approximately 3500 acres to the

northeastern part of the approved area.

Later, we received a petition from the

Walla Walla Valley Winegrowers, a

group representing 20 wineries and

vineyards located within the existing

area or within the area they propose to

add. Mr. Norm McKibben of Pepper

Bridge Winery submitted the petition on

behalf of the group. The Walla Walla

Valley Winegrowers petitioned to

expand the Walla Walla Valley

viticultural area to include all the area

requested in the original petition and

additional land to the north. The

petitioners referred to the evidence

submitted with the original petition to

show geographic distinctiveness and

name recognition. The petitioners also

provided supplemental information. Mr.

Derby, who petitioned for a smaller

extension of the existing area, agreed to

support the larger extension proposed

by the Walla Walla Valley Winegrowers.

Extension of the Columbia Valley

Viticultural Area

This final rule also adjusts the

boundary of the Columbia Valley

viticultural area. In the original

designation of the Columbia Valley

viticultural area, ATF stated that the

Walla Walla Valley viticultural area was

entirely within the Columbia Valley

viticultural area. As noted above, our

recent review of the maps disclosed that

there is a small area near Dixie,

Washington, where the Walla Walla

Valley viticultural area lies outside the

boundaries of the Columbia Valley

viticultural area. This overlap occurs in

a place where the official boundary of

the Columbia Valley moves from the

2000 foot contour line to a state

highway. Therefore, we have amended

the boundary so it follows the 2000 foot

contour line for an additional 3 miles

north, and then shifts to the state

highway as before. This change extends

the common boundary between the two

viticultural areas and eliminates the

area of overlap and any resulting

confusion.

Notice of Proposed Rulemaking

In response to the petitions, ATF

published a notice of proposed

rulemaking, Notice No. 898, in the

Federal Register on June 6, 2000 (65 FR

35871), proposing to revise the

boundary of the Walla Walla Valley

viticultural area and the eastern

boundary of the Columbia Valley

viticultural area. The notice requested

comments from all interested persons by

August 7, 2000. ATF received no

comments concerning these proposals.

Evidence of Name

Based on historical materials supplied

by petitioners in their original petition,

there is substantial evidence indicating

that the extension to the Walla Walla

Valley viticultural area was locally and/

or nationally known as Walla Walla

Valley:

(a) The original petition stated that

Walla Walla Valley ‘‘has been known as

such since the time of settlement in the

1850’s, even prior to the creation of the

states of Oregon and Washington.’’

(b) The Walla Walla Winegrowers

noted the U.S.G.S. map of Walla Walla

uses the name ‘‘Walla Walla Valley’’ to

label an area that corresponds to the

original viticultural area and places the

name in a second location to the north

of the original boundary, in the

extended area being added.

(c) Mr. Derby quoted Professor W. D.

Lyman’s History of Walla Walla County,

published in 1901. Professor Lyman

described the Walla Walla Valley as ‘‘a

large belt of agricultural land lying

south of the Snake River and west of the

Blue Mountains, extending across the

Oregon Line on the south’’—a

description which fits the expanded

area.

Evidence of Boundaries

The boundary of the original Walla

Walla Valley viticultural area was

limited to existing grape-growing areas

for administrative reasons. In response

to the new petitions, we reconsidered

the evidence submitted in support of the

original boundaries. Evidence provided

in the original petition and in the new

petitions show that the revised Walla

Walla Valley viticultural area is

delineated by boundaries corresponding

to the following natural features:

• On the southeast, by the point

where the north and south branches of

the Walla Walla River emerge from the

mountainous Umatilla National Forest

and join to form the Walla Walla River;

• On the north, by the drainage

divide between the Walla Walla River

and the Touchet River; and

• On the west, where the Walla Walla

River empties into the Columbia River.

Distinguishing Features

According to the original petitioners

and the petitioners in the current

rulemaking, the entire Walla Walla

Valley shares characteristics of

topography, soil composition and

climate that set it apart from the

surrounding area. The evidence in the

original petition was presented as

applying to the entire valley, and not

just to the area that ATF originally

proposed for designation as the Walla

Walla Valley viticultural area.

Therefore, we will summarize the

material that was originally published

for comment in ATF Notice No. 471 on

June 27, 1983 (48 FR 29541–29543),

with the understanding that it applies

equally to the extension of the Walla

Walla Valley viticultural area. We will

supplement this information with

material supplied by the two petitions

for extension.

In his petition to extend the Walla

Walla Valley viticultural area, Mr.

Gaynor S. Derby quoted from an article

titled ‘‘Washington Wine and Dining’’

published in the November 15, 1998,

issue of Wine Spectator:

Washington state straddles one of the world’s

great geological divides: the Cascade Range.

To the west of its summits, the maritime

influence of the Pacific is supreme, and

copious rains produce lush evergreen forests.

* * * To the east, the damp sea breezes are

blocked, the air warms and vineyards

flourish with water provided by the

Columbia River. The result is a growing and

dynamic wine region.***

Topography

The original petition quoted the State

of Washington’s Geology and

Groundwater Resources of the Walla

Walla River Basin, Washington-Oregon,

published in 1965, to describe the

topography of the area:

‘‘In the Walla Walla River Basin, the

main topographic unit is the valley

plain, commonly called the Walla Walla

Valley, which de[s]cends from about

1,500′ at the foot of the mountain slopes

to about 500′ where the river cuts

through the bedrock ridge near Divide.

It lies astride the Oregon/Washington

border.’’

Like the original approved area, the

extension to the Walla Walla Valley

viticultural area ranges from 250 to 600

meters (820 to 1,968 feet) in elevation.

It is drained by creeks that generally

flow south and east into the Walla Walla

River. North of the new boundary, the

streams and creeks generally drain into

the Touchet River, further to the north.

Soil

The original petition stated that the

soils of the valley ‘‘are classified by the

Soil Conservation Service as Soils of

Bottom Lands and Low Terraces, Soils

of Loessal Uplands, Soils of Loessal and

11542 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Rules and Regulations

Basaltic Uplands and Soils of Loessal

and Lake-Laid Terraces, basically all

loess derived soils.’’ Most of these soils

are classed as I or II irrigated capability

units by the Soil Conservation Service.

By contrast, the soils west of the

Touchet River and along the Snake and

Columbia Rivers are classified as Class

IV and VI. Soils to the east in the Blue

Mountains are considered not suitable

for cultivation. We note the areas

chosen for soil contrast are outside the

expansion to the area.

Climate

As noted in the original petition, the

climate of the Walla Walla Valley is

distinctive because it has a growing

season between 190 and 220 days, the

longest within the surrounding six

counties. The original petition

contrasted places within the Walla

Walla Valley with places outside of the

valley. The places chosen for contrast

included Dayton, Prescott, and Eltopia,

Washington, all to the north of the

northern extension to the viticultural

area.

The Walla Walla Valley receives an

average of 12.5 inches of precipitation a

year, light in the summer, increasing

and peaking in the winter. The

Columbia Basin to the west and north

receives less than 10 inches of

precipitation in a year, and the Blue

Mountains to the east and southeast

receive 25–45 inches. Again, the places

chosen for contrast are outside the

extension of the viticultural area.

Boundaries

This final rule revises the boundary of

the Columbia Valley viticultural area

(described in § 9.74) and revises the

boundary of the Walla Walla viticultural

area (described in § 9.91).

U.S.G.S. Maps

The Walla Walla Winegrowers

provided appropriate U.S.G.S. maps

with their proposed boundaries

prominently marked.

Executive Order 12866

It has been determined that this final

rule is not a significant regulatory action

as defined in Executive Order 12866.

Accordingly, this final rule is not

subject to the analysis required by this

Executive Order.

Regulatory Flexibility Act

It is hereby certified that this

regulation will not have a significant

economic impact on a substantial

number of small entities. Any benefit

derived from the use of a viticultural

area name is the result of the

proprietor’s own efforts and consumer

acceptance of wines from a particular

area. No new recordkeeping or reporting

requirements are imposed. Accordingly,

a regulatory flexibility analysis is not

required.

Paperwork Reduction Act

The provisions of the Paperwork

Reduction Act of 1995 (44 U.S.C. 3507)

and its implementing regulations, 5 CFR

part 1320, do not apply to this final rule

because no requirement to collect

information is imposed.

Drafting Information

The principal author of this document

is Lisa M. Gesser, Regulations Division,

Bureau of Alcohol, Tobacco and

Firearms.

List of Subjects in 27 CFR Part 9

Administrative practices and

procedures, Consumer protection,

Viticultural areas, and Wine.

Authority and Issuance

Title 27, Code of Federal Regulations,

part 9, American Viticultural Areas, is

amended as follows:

PART 9—AMERICAN VITICULTURAL

AREAS

Paragraph 1. The authority citation

for part 9 continues to read as follows:

Authority: 27 U.S.C. 205.

Par. 2. Section 9.74 is amended by

revising paragraphs (c)(43) and (c)(44) to

read as follows:

§ 9.74 Columbia Valley.

* * * * *

(c) * * *

(43) Then southwest following

Washington Highway 126 and U.S.

Highway 12 through Marengo, Dayton,

and Waitsburg to a point where an

unnamed light-duty road leaves

Highway 12 in an easterly direction in

Minnick Station, Washington;

(44) Then east following the unnamed

light-duty road for approximately 250

feet until it reaches the 2000′ contour

line;

* * * * *

Par. 3. Section 9.91 is revised to read

as follows:

§ 9.91 Walla Walla Valley.

(a) Name. The name of the viticultural

area described in this section is ‘‘Walla

Walla Valley.’’

(b) Approved maps. The appropriate

maps for determining the boundaries of

the Walla Walla Valley viticultural area

are two U.S.G.S. maps, in the scale

1:100,000. They are entitled:

(1) ‘‘Walla Walla,’’ WashingtonOregon, 1980

(2) ‘‘Pendleton,’’ Oregon-Washington,

1983

(c) Boundaries. The Walla Walla

Valley viticultural area is located within

Walla Walla County in Washington

State and Umatilla County in Oregon. It

is entirely within the Columbia Valley

viticultural area. The boundaries are as

follows:

(1) The beginning point is on the

Walla Walla quadrangle map, in T8N/

37E, at the point where the 2,000 foot

contour line intersects with an unnamed

light duty road approximately 250 feet

east of U.S. Highway 12 in Minnick,

Washington (on maps measured in

metric units, this elevation is between

the 600 and 650 meter contour lines),

(2) Then the boundary goes northwest

in a straight line for 7 kilometers (km),

until it intersects with a power line that

runs between T8N and T9N,

(3) Then the boundary follows the

power line west for 8 km, where it

diverges from the power line and goes

west-southwest in a straight line for

approximately 33 km to the intersection

of 2 unnamed light duty roads in the

area marked Ninemile Canyon in the

southwest corner of T8N/R33E,

(4) Then the boundary goes southsouthwest in a straight line

approximately 8 km, until it reaches

U.S. Highway 12, about 2.5 km east of

Reese, Washington,

(5) Then the boundary goes south in

a straight line for approximately 8 km,

crossing the Washington-Oregon state

line and moving onto the Pendleton

U.S.G.S. map, where it meets the 450 m

contour line in T6N/R32E, near an

unnamed peak with an elevation of 461

m,

(6) Then the boundary follows the 450

m contour line in a generally

southeasterly direction until it intersects

Dry Creek in T4N/R35E,

(7) Then the boundary goes southeast

along Dry Creek (Oregon) until it

reaches the 2000 foot contour line,

(8) Then the boundary follows the

2000 foot contour line in a generally

northeasterly direction, crossing the

Oregon-Washington state line and

returning to the Walla Walla U.S.G.S

map, until it reaches the point of

beginning.

Signed: October 31, 2000.

Bradley A. Buckles,

Director .

Approved: November 14, 2000.

Timothy E. Skud,

Acting Deputy Assistant Secretary,

Regulatory, Tariff and Trade Enforcement.

[FR Doc. 01–4646 Filed 2–23–01; 8:45 am]

BILLING CODE 4810–31–P