Proposed Rule2022-25272

Proposed Establishment of the Wanapum Village Viticultural Area

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
November 28, 2022

Issuing agencies

Treasury DepartmentAlcohol and Tobacco Tax and Trade Bureau

Abstract

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 2,415-acre "Wanapum Village" American viticultural area (AVA) in Grant County, Washington. The proposed AVA area 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.

Full Text

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<title>Federal Register, Volume 87 Issue 227 (Monday, November 28, 2022)</title>
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[Federal Register Volume 87, Number 227 (Monday, November 28, 2022)]
[Proposed Rules]
[Pages 72927-72932]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25272]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2022-0014; Notice No. 219]
RIN 1513-AC84


Proposed Establishment of the Wanapum Village Viticultural Area

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to 
establish the 2,415-acre ``Wanapum Village'' American viticultural area 
(AVA) in Grant County, Washington. The proposed AVA area 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 January 27, 2023.

ADDRESSES: You may electronically submit comments to TTB on this 
proposal and view copies of this document, its supporting materials, 
and any comments TTB receives on it within Docket No. TTB-2022-0014 as 
posted on <a href="http://Regulations.gov">Regulations.gov</a> (<a href="https://www.regulations.gov">https://www.regulations.gov</a>), the Federal e-
rulemaking portal. Please see the ``Public Participation'' section of 
this document below for full details on how to comment on this proposal 
via <a href="http://Regulations.gov">Regulations.gov</a> or U.S. mail, and for full details on how to obtain 
copies of this document, its supporting materials, and any comments 
related to this proposal.

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 
provisions pursuant to section 1111(d) of the Homeland Security Act of 
2002, as codified at 6 U.S.C. 531(d). In addition, the Secretary of the 
Treasury has delegated certain administrative and enforcement 
authorities to TTB through Treasury Order 120-01.
    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, 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.

[[Page 72928]]

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 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;
    <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;
    <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; and
    <bullet> A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

Petition To Establish the Wanapum Village AVA

    TTB received a petition from Dr. Kevin Pogue, a professor of 
geology at Whitman College, proposing to establish the ``Wanapum 
Village'' AVA. Dr. Pogue submitted the petition on behalf of local 
vineyard owners and winemakers. The proposed AVA is located in Grant 
County, Washington, and is entirely within the existing Columbia Valley 
AVA (27 CFR 9.74). Within the proposed AVA, there are 2 commercial 
vineyards which cover a total of 538 acres. The distinguishing features 
of the proposed Wanapum Village AVA are its topography, soils, and 
climate.

Proposed Wanapum Village AVA

Name Evidence

    The proposed Wanapum Village AVA takes its name from a small 
community constructed in the early 1960s to house personnel associated 
with the construction and operation of the nearby Wanapum Dam on the 
Columbia River. The mid-century style buildings of ``Wanapum Village * 
* * [are] eligible for listing in the National Register of Historic 
Places.'' \1\ Wanapum Village appears as the name of the community on 
the 2017 USGS 1:24,000-scale Beverly quadrangle map and the 1979 
1:100,000-scale Priest Rapids map. In 2010, the Grant County Public 
Utility District, owners of the buildings and land comprising Wanapum 
Village, declared the property surplus and offered it for sale. The 
Zirkle Fruit Company, owners of one of the vineyards in the proposed 
AVA, purchased the property in 2016, as noted in an article included in 
the petition titled ``Zirkle buying Wanapum Village.'' \2\ As 
additional evidence that the region of the proposed AVA is known as 
``Wanapum Village,'' the petition included an article about a 2019 
wildfire in the region of the proposed AVA titled ``Level 1 Evacuation 
for Wanapum Village due to wildfire.'' \3\ A 2021 wildfire that 
``burned about two acres south of Wanapum Village'' \4\ was named the 
``Wanapum Village Fire.'' \5\ Finally, two streets within the proposed 
AVA are named Wanapum Village Lane and Wanapum Village Loop.
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    \1\ <a href="http://legalease.net/uploads/ferris/2/2/14396222.pdf">legalease.net/uploads/ferris/2/2/14396222.pdf</a>.
    \2\ <a href="https://www.capitalpress.com/state/washington/zirkle-buying-wanapum-village/article_0a3451e8-2b06-57b7-bc62-3338c5ee234a.html">https://www.capitalpress.com/state/washington/zirkle-buying-wanapum-village/article_0a3451e8-2b06-57b7-bc62-3338c5ee234a.html</a>.
    \3\ <a href="https://fox28spokane.com/level-1-evacuation-for-wanapum-village-due-to-wildfire">https://fox28spokane.com/level-1-evacuation-for-wanapum-village-due-to-wildfire</a>.
    \4\ <a href="https://www.kpq.com/multiple-fires-in-wanapum-area-may-be-intentional/">https://www.kpq.com/multiple-fires-in-wanapum-area-may-be-intentional/</a>.
    \5\ <a href="https://www.fireweatheravalanche.org/wildfire/incident/194680/washington/wanapum-village-fire">https://www.fireweatheravalanche.org/wildfire/incident/194680/washington/wanapum-village-fire</a>.
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Boundary Evidence

    The proposed Wanapum Village AVA is located along the gentle to 
moderately sloping hillsides and low rolling hills where the south- and 
west-facing slopes of the Frenchman Hills meet the Columbia River at 
its confluence with Crab Creek. The proposed northern boundary 
primarily follows a series of roads which separate the proposed AVA 
from steeper, rockier terrain and federally-owned lands that are 
unavailable for commercial viticulture. The proposed eastern boundary 
follows a series of section lines on the USGS maps and largely 
corresponds with the western and southern boundaries of the neighboring 
Royal Slope AVA (27 CFR 9.271). The proposed southern boundary follows 
section lines on the USGS maps and separates the proposed AVA from the 
small town of Schwana, as well as from federally-owned lands that are 
not available for commercial viticulture. The proposed western boundary 
follows State Highway 243 and separates the proposed AVA from 
federally-owned lands along the eastern bank of the Columbia River.

Distinguishing Features

    According to the petition, the distinguishing features of the 
proposed Wanapum Village AVA are its topography, soils, and climate.
Topography
    Low, rolling hills with gentle to moderate slopes characterize the 
topography of the proposed Wanapum Village AVA. Elevations within the 
proposed AVA range from 515 to 950 feet, and the average elevation is 
approximately 600 feet. By contrast, to the north and northeast of the 
proposed AVA, the terrain of the established Royal Slope AVA consists 
of a single gentle incline that rises to the summit of the Frenchman 
Hills. Elevations are higher in the Royal Slope AVA than in the 
proposed Wanapum Village AVA, rising to a maximum of 1,756 feet. To the 
south of the proposed AVA is Sentinel Gap, a 1,500-foot deep, 1.5-mile 
wide, rugged, cliff-walled canyon carved by the Columbia River. The gap 
forms a natural geographic barrier between the proposed Wanapum Village 
AVA and the gently-sloping terrain of the established Wahluke Slope AVA 
(27 CFR 9.192). To the immediate west of the proposed AVA is the 
relatively narrow floodplain of the Columbia River, which, according to 
the USGS maps included in the petition, has elevations between 500 and 
530 feet.
    According to the petition, the topography of the proposed AVA 
affects viticulture. The proximity of the proposed AVA to Sentinel Gap 
increases wind speeds within the proposed AVA, as the canyon funnels 
wind into the proposed AVA. High winds can reduce mildew pressure on 
the vines and also promote the development of smaller grapes with 
thicker skins than are found on the same varietals grown in less windy 
conditions. Additionally, because the proposed AVA has lower elevations 
than the neighboring Wahluke Slope and Royal Slope AVAs, the entire 
proposed Wanapum Village AVA was repeatedly inundated by ice-age 
floodwaters that reached a maximum depth of 1,250 feet. The water 
flowed at a relatively high velocity, depositing coarse-grained 
sediments that formed the basis for the soils in the proposed AVA, 
compared to the finer clays and silts that were deposited at higher 
elevations outside the proposed AVA.

[[Page 72929]]

Soils
    As previously noted, the coarse-grained soils of the proposed 
Wanapum Village AVA are developed from sand and gravel deposited by 
ice-age floods mixed with wind-deposited sand. The four main soil 
series dominating the proposed AVA are the Burbank, Winchester, 
Schwana, and Quincy series. All of those soil series are described as 
excessively or somewhat excessively well-drained.
    The petition states that the proposed AVA soils are much coarser 
than the soils in the neighboring Royal Slope AVA, which is located to 
the north and east of the proposed AVA. In soil samples taken from both 
the proposed AVA and the established Royal Slope AVA, only one percent 
of the weight of the soil sample from the Royal Slope AVA consisted of 
medium to coarse grains, compared to 46 percent of the sample from the 
proposed Wanapum Village AVA. The petition also notes that soils in the 
established Royal Slope AVA formed primarily in fine-grained slackwater 
sediments overlain by wind-deposited silt, and less than 2 percent of 
the soils derived from ``outburst sands and gravels'' such as those 
found in the proposed AVA.
    To the immediate south of the proposed AVA, in Sentinel Gap, the 
soils are defined as ``rubble land-rock outcrop complex.'' These soils 
are generally considered unsuitable for agriculture. Farther south of 
the proposed AVA, within the established Wahluke Slope AVA, the soils 
are similar to those of the proposed Wanapum Village AVA. The petition 
did not include information on soils to the west of the proposed AVA.
    The soils of the proposed Wanapum Village AVA have an effect on 
viticulture. Coarse-grained, excessively well-drained soils require 
more irrigation water and more easily promote vine stress than finer-
grained soils. Vines planted in coarse-textured soils often have deeper 
roots since water has a greater tendency to move vertically through the 
profile. Coarse soils are less susceptible to erosion than soils formed 
in silt and fine sand, so cover crops are not critical and are not 
currently used in the vineyards of the proposed AVA. Finally, the 
petition notes that coarse-textured soils without cover crops warm 
faster than fine-grained soils that use cover crops. The warmer soils 
promote earlier onset of phenological stages in grapes, such as bud 
break and veraison.
Climate
    According to the petition, the climate of the proposed Wanapum 
Village AVA is warm and windy. The petition included data on the 
average growing season temperature,\6\ average maximum temperature, 
growing degree day (GDD) \7\ accumulation, average wind speed, and 
maximum wind speed for one location in the proposed AVA, three 
locations in the established Royal Slope AVA (north and east of the 
proposed AVA), and three locations in the established Wahluke Slope AVA 
(south of the proposed AVA). The petition did not include data for the 
region to the west of the proposed AVA.
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    \6\ The petition defines the growing season as April 1 through 
October 31.
    \7\ See Albert J. Winkler, General Viticulture (Berkeley: 
University of California Press, 1974), pages 61-64. In the Winkler 
climate classification system, annual heat accumulation during the 
growing season, measured in annual GDDs, defines climatic regions. 
One GDD accumulates for each degree Fahrenheit that a day's mean 
temperature is above 50 degrees F, the minimum temperature required 
for grapevine growth.
    \8\ The Beverly weather station is located within the proposed 
AVA. The Royal City East, Royal City West, and Royal Slope East 
stations are located within the Royal Slope AVA. The Desert Aire, 
Mattawa, and Wahluke Slope stations are located within the Wahluke 
Slope AVA.

                                                           Table 1--2015-2018 Temperature Data
                                                                  [Degrees fahrenheit]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Average growing season temperature          Average maximum temperature      Growing degree day accumulations
            Location \8\             -------------------------------------------------------------------------------------------------------------------
                                          2015         2016       2017     2018     2015     2016     2017     2018     2015     2016     2017     2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
Beverly.............................         71.8         66.7     66.1     65.8     85.9     80.6     78.6     78.2     2816     3593     3514     3415
Royal City East.....................         67.0         62.8     62.5     62.8     80.4     75.1     75.4     75.8     2194     2784     2777     2817
Royal City West.....................         69.0         64.0     63.6     64.0     81.4     76.2     76.3     76.6     2461     3034     3022     3079
Royal Slope East....................         68.5         64.0     64.0     64.2     79.3     74.2     74.5     74.5     2396     3041     3092     3099
Desert Aire.........................         71.3         67.1     66.2     66.6     84.7     79.7     79.8     79.9     2750     3669     3519     3569
Mattawa.............................         69.2         65.0     64.3     64.8     83.2     78.0     78.4     78.3     2406     3229     3148     3226
Wahluke Slope.......................         72.4         66.9     66.9     67.0     81.7     76.4     76.5     76.6     2885     3637     3667     3675
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                                                                                 Table 2--2015-2018 Wind Speeds
                                                                                        [Miles per hour]
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                                                                                        Average wind speed                                              Maximum wind speed
                            Location                             -------------------------------------------------------------------------------------------------------------------------------
                                                                       2015            2016            2017            2018            2015            2016            2017            2018
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Beverly.........................................................             7.1             7.6             7.6             7.8            27.3            28.2            26.8            16.0
Royal City East.................................................             3.6             4.0             2.7             2.8            12.3            14.5            13.7            13.4
Royal City West.................................................             5.5             5.4             5.1             5.2            16.1            16.1            15.5            15.6
Royal Slope East................................................             5.5             6.3             6.2             6.2            16.0            17.5            17.6            17.1
Desert Aire.....................................................             4.7             5.2             4.9             5.0            16.6            17.5            16.8            17.0
Mattawa.........................................................             4.5             5.6             5.0             5.5            16.1            18.2            16.7            18.0
Wahluke Slope...................................................             7.6             7.9             7.4             8.0            22.7            22.9            22.1            22.8
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    According to the data in the tables, the proposed Wanapum Village 
AVA has a higher average growing season temperature and accumulates 
more GDDs than any of the weather station locations within the 
established Royal Slope AVA. The weather station in the proposed AVA 
also had higher average and maximum wind speeds than any station in the 
Royal Slope AVA. The data suggests that temperatures in the established 
Wahluke Slope AVA are more varied than in the proposed AVA, with one 
station reporting very similar temperatures and GDD accumulations 
(Desert Aire), one reporting slightly lower temperatures and GDD 
accumulations (Mattawa), and one

[[Page 72930]]

reporting slightly warmer temperatures and GDD accumulations (Wahluke 
Slope). However, the average and maximum wind speeds in the proposed 
AVA are consistently higher than in the Wahluke Slope AVA, with the 
exception of the 2015, 2016, and 2018 average wind speeds for the 
Wahluke Slope station.
    According to the petition, the warm temperatures and high GDD 
accumulations within the proposed Wanapum Village AVA mean that 
vineyard owners are able to plant warmer-climate cultivars that require 
more heat to ripen. Additionally, cooler climate grape varietals 
planted in the proposed AVA will ripen faster and accumulate more 
sugars than the same varietals planted in the cooler Royal Slope AVA.

Summary of Distinguishing Features

    The following table summarizes the distinguishing features of the 
proposed Wanapum Village AVA and the surrounding regions.

               Table 3--Summary of Distinguishing Features
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            Region                            Description
------------------------------------------------------------------------
Proposed Wanapum Village AVA.  Low, rolling hills with gentle to
                                moderate slopes; elevations between 515
                                and 950 feet; soils derived from ice-age
                                flood deposits of sand and gravel mixed
                                with wind-deposited sand; coarse-grained
                                soils that are excessively to somewhat
                                excessively well-drained; warm
                                temperatures and high GDD accumulations;
                                high average and maximum wind speeds due
                                to proximity to Sentinel Gap.
North and East (established    Single gentle incline with elevations up
 Royal Slope AVA).              to 1,756 feet; finer-grained soils
                                formed from slackwater sediments
                                overlain by wind-deposited silt; lower
                                temperatures and GDD accumulations; less
                                windy.
Immediate South (Sentinel      Rugged, steep-walled canyon; rubble land-
 Gap).                          rock outcrop complex unsuitable for
                                viticulture.
South (established Wahluke     Gently sloping incline; soils similar to
 Slope AVA).                    those of proposed AVA; some regions have
                                similar wind speeds and temperatures,
                                while other locations have higher or
                                lower temperatures, GDD accumulations,
                                and wind speeds.
West.........................  Columbia River floodplain; elevations
                                between 500 and 530 feet.
------------------------------------------------------------------------

Comparison of the Proposed Wanapum Village 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 
GDD accumulations exceed 2,000. Annual precipitation amounts are less 
than 15 inches. Elevations within the Columbia Valley AVA are below 
2,000 feet.
    The proposed Wanapum Village 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 annual GDD 
accumulations from 2015 to 2018 did not fall below 2,800. However, the 
proposed AVA does have some distinctive features, namely the soils. 
Within the proposed AVA, soils are primarily formed from sand and 
gravel deposited by water and are classified as sand and stony loamy 
sand. By contrast, T.D. ATF-190 described the soils of the Columbia 
Valley AVA as fine-grained soils derived from wind-deposited silts and 
fine sand.

TTB Determination

    TTB concludes that the petition to establish the 2,415-acre 
``Wanapum Village'' 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 
Wanapum Village AVA boundary 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.
    If TTB establishes this proposed AVA, its name, ``Wanapum 
Village,'' 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 proposed regulation clarifies this point. Consequently, 
wine bottlers using ``Wanapum Village'' 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 
viticultural area's name, ``Wanapum Village.'' The approval of the 
proposed Wanapum Village 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 Wanapum Village 
AVA would not be affected by the establishment of this new AVA. If 
approved, the establishment of the proposed Wanapum Village AVA would 
allow vintners to use ``Wanapum Village'' or ``Columbia Valley'' as 
appellations of origin for wines made from grapes grown within the 
proposed 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

[[Page 72931]]

Wanapum Village AVA. TTB is interested in receiving comments on the 
sufficiency and accuracy of the name, boundary, topography, and other 
required information submitted in support of the AVA petition. In 
addition, because the proposed Wanapum Village AVA would be within the 
existing Columbia Valley AVA, TTB is interested in comments on whether 
the evidence submitted in the petition regarding the distinguishing 
features of the proposed AVA sufficiently differentiates it from the 
existing AVA. TTB is also interested in comments on whether the 
geographic features of the proposed AVA are so distinguishable from the 
Columbia Valley AVA that the proposed Wanapum Village 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 Wanapum Village AVA on wine labels that include the term 
``Wanapum Village'' 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 by using one of the 
following methods:
    <bullet> Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this proposal within Docket No. TTB-
2022-0014 on ``<a href="http://Regulations.gov">Regulations.gov</a>,'' the Federal e-rulemaking portal, at 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. A direct link to that docket is available 
under Notice No. 219 on the TTB website at <a href="https://www.ttb.gov/wine/notices-of-proposed-rulemaking">https://www.ttb.gov/wine/notices-of-proposed-rulemaking</a>. Supplemental files may be attached to 
comments submitted via <a href="http://Regulations.gov">Regulations.gov</a>. For complete instructions on 
how to use <a href="http://Regulations.gov">Regulations.gov</a>, visit the site and click on the ``Help'' 
tab.
    <bullet> U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
proposal. Your comments must reference Notice No. 219 and include your 
name and mailing address. Your comments also must be made in English, 
be legible, and be written in language acceptable for public 
disclosure. TTB does not acknowledge receipt of comments, and TTB 
considers all comments as originals.
    In your comment, please clearly state if you are commenting for 
yourself or on behalf of an association, business, or other entity. If 
you are commenting on behalf of an entity, your comment must include 
the entity's name, as well as your name and position title. If you 
comment via <a href="http://Regulations.gov">Regulations.gov</a>, please enter the entity's name in the 
``Organization'' blank of the online comment form. If you comment via 
postal mail or hand delivery/courier, please submit your entity's 
comment on letterhead.
    You may also write to the TTB Administrator before the comment 
closing date to ask for a public hearing. 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 and selected supporting materials, and any comments 
TTB receives about this proposal within the related <a href="http://Regulations.gov">Regulations.gov</a> 
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 <a href="https://www.ttb.gov/contact-rrd">https://www.ttb.gov/contact-rrd</a>, or by 
telephone at 202-453-2265, if you have any questions about commenting 
on this proposal or to request copies of this document, the related 
petition and its supporting materials, or any 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

    This proposed rule is not a significant regulatory action as 
defined by Executive Order 12866. Therefore, it requires no regulatory 
assessment.

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

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. Add Sec.  9.___to read as follows:


Sec.  9.__  Wanapum Village.

    (a) Name. The name of the viticultural area described in this 
section is ``Wanapum Village''. For purposes of part 4 of this chapter, 
``Wanapum Village'' is a term of viticultural significance.
    (b) Approved maps. The one United States Geological Survey (USGS) 
1:24,000 scale topographic map used to determine the boundary of the 
viticultural area is titled Beverly, Washington (2017).
    (c) Boundary. The Wanapum Village viticultural area is located in 
Grant County, Washington. The boundary of the Wanapum Village 
viticultural area is described as follows:
    (1) The beginning point is on the Beverly map at the intersection 
of State Highway 243 and southern boundary of section 34 just north of 
the town of Schwana. From the beginning point, proceed northwest along 
Highway 243 to its intersection with an unnamed local road on the north 
side of Wanapum Village, near the center of section 21; then
    (2) Proceed east in a straight line for 2,450 feet to the 600-foot 
elevation contour; then
    (3) Proceed southeasterly along the 600-foot elevation contour for 
approximately 1,500 feet to its

[[Page 72932]]

intersection with an unnamed local road in section 22; then
    (4) Proceed northeasterly along the unnamed local road for 
approximately 3,000 feet to its intersection with another unnamed local 
road; then
    (5) Proceed north-northeast in a straight line for approximately 
500 feet to the intersection of Beverly Burke Road and an unnamed local 
road; then
    (6) Proceed northeasterly along Beverly Burke Road to the point 
where it becomes concurrent with the northern boundary of section 22, 
and continue east along Beverly Burke Road to its intersection with the 
eastern boundary of section 22; then
    (7) Proceed south along the eastern boundary of section 22 for one 
mile to its intersection with the northern boundary of section 26; then
    (8) Proceed east along the northern boundary of section 26 for one 
mile to its intersection with the eastern boundary of section 26; then
    (9) Proceed south along the eastern boundary of section 26 to its 
intersection with the 540-foot elevation contour; then
    (10) Proceed southwesterly along the 540-foot elevation contour to 
its intersection with the southern boundary of section 26; then
    (11) Proceed west along the southern boundary of section 26 to its 
intersection with the eastern boundary of section 34; then
    (12) Proceed south along the eastern boundary of section 34 for 1 
mile to its intersection with the southern boundary of section 34; then
    (13) Proceed west along the southern boundary of section 34 for 0.5 
mile to the beginning point.

    Signed: November 15, 2022.
Mary G. Ryan,
Administrator.
    Approved: November 16, 2022.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2022-25272 Filed 11-25-22; 8:45 am]
BILLING CODE 4810-31-P


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Indexed from Federal Register on November 28, 2022.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.