Rule2022-11709
Establishment of the Rocky Reach Viticultural Area
Primary source
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Published
June 3, 2022
Effective
July 5, 2022
Issuing agencies
Treasury DepartmentAlcohol and Tobacco Tax and Trade Bureau
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 107 (Friday, June 3, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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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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
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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.
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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 <a href="https://www.ttb.gov/wine/ava-map-explorer">https://www.ttb.gov/wine/ava-map-explorer</a>.
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-
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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
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