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RIN ID: RIN 1513-AC81
DOCUMENT ID: [T.D. TTB-11; Re: Notice No. 11]
SUBJECT CATEGORY: Columbia Gorge Viticultural Area (2002R-03P)
DOCUMENT SUMMARY: This Treasury decision establishes the Columbia Gorge viticultural area in Hood River and Wasco Counties, Oregon, and Skamania and Klickitat Counties, Washington, approximately 60 miles east of Portland, Oregon. We designate viticultural areas to allow bottlers to better describe the origin of wines and allow consumers to better identify the wines they may purchase.
SUMMARY: Columbia Gorge, Hood River and Wasco Counties, OR and Skamania and Klickitat Counties, WA,
Effective January 24, 2003, the Homeland Security Act of 2002
divided the Bureau of Alcohol, Tobacco and Firearms into the Alcohol
and Tobacco Tax and Trade Bureau (TTB) in the Department of the
Treasury and the Bureau of Alcohol, Tobacco, Firearms and Explosives in
the Department of Justice. TTB regulates wine labeling, including viticultural area designations.
Background on Viticultural Areas
The Federal Alcohol Administration Act (FAA Act) at 27 U.S.C. 205(e) requires that alcohol beverage labels provide the consumer with adequate information regarding a product's identity, while prohibiting the use of misleading information on such labels. The FAA Act also authorizes the Secretary of the Treasury to issue regulations to carry out the Act's provisions, and the Secretary has delegated authority to administer those regulatory provisions to TTB.
Regulations in 27 CFR part 4, Labeling and Advertising of Wine, allow the establishment of definitive viticultural areas and the use of their names as appellations of origin on wine labels and in wine advertisements. Title 27 CFR part 9, American Viticultural Areas, contains the list of approved viticultural areas.
Title 27 CFR 4.25(e)(1) defines an American viticultural area as a delimited grapegrowing region distinguishable by geographical features, the boundaries of which have been recognized and defined in part 9. These designations allow consumers and vintners to attribute a given quality, reputation, or other characteristic of wine made from grapes grown in an area to its geographic origin. We believe that the establishment of viticultural areas allows wineries to describe more accurately the origin of their wines to consumers and helps consumers identify the wines they purchase. Establishment of a viticultural area is neither an approval nor endorsement by TTB of the wine produced in that area.
Viticultural area names have geographic significance. Our 27 CFR part 4 label regulations prohibit the use of a brand name with geographic significance on a wine unless the wine meets the appellation of origin requirements for the named area. Our regulations also prohibit any label references that suggest an origin other than the true place of origin of the wine.
With the establishment of this viticultural area, bottlers who use ``Columbia Gorge'' as a brand name, including a trademark, or in other label references to indicate the origin of the wine must ensure that their product is eligible to use the name of the viticultural area as an appellation of origin and that the use of the name is otherwise not misleading as to the origin of the wine. For a wine to be eligible to use a name listed in part of our regulations as an appellation of origin, at least 85 percent of the grapes used to make the wine must have been grown within the viticultural area. If the wine is not eligible to use the viticultural area name and such name appears in the brand name of the wine, bottlers must change the brand name of that wine and obtain approval of a new label.
Different rules apply if a wine in this category has a brand name containing a viticultural area name that was used as a brand name on a label approved before July 7, 1986. See 27 CFR 4.39(i) for details. Requirements
Section 4.25(e)(2) outlines the procedure for proposing an American
viticultural area. Anyone interested may petition TTB to establish a
grapegrowing region as a viticultural area. The petition must include
Mark Wharry, for the Columbia River Gorge Wine Growers Association,
petitioned ATF to establish ``Columbia Gorge'' viticultural area in
Hood River and Wasco Counties, Oregon, and Skamania and Klickitat
Counties, Washington. The 280 square mile Columbia Gorge viticultural
area is located about 60 miles east of Portland, Oregon, straddles the
Columbia River for 15 miles, and extends into southcentral Washington
and northcentral Oregon. The area surrounds Hood River, Oregon, and
White Salmon, Washington, and is generally bordered by B Z Corner,
Washington, on the north; Lyle, Washington, on the east; Parkdale,
Oregon, on the south; and Vinzenz Lausmann State Park, Oregon, on the
west. The area is just west of the established Columbia Valley
viticultural area and shares a part of its border with that area. Supporting Evidence for Establishment of Columbia Gorge
Evidence That the Name of the Area is Locally or Nationally Known
Local residents know this narrow, winding valley, with its steeply rising bluffs as ``the Gorge,'' ``Columbia Gorge,'' and ``Columbia River Gorge,'' and debate whether the name should be ``Columbia Gorge'' or ``Columbia River Gorge,'' since they use both terms. The term ``Columbia River Gorge'' often appears as a more formal title, such as the Columbia River Gorge National Scenic Area and the Columbia River Gorge National Fish Hatcheries.
The ``Columbia Gorge'' name is the most common usage, as stated in the petition, and connotes an area smaller in size than the Federally designated Columbia River Gorge National Scenic Area. Examples of this usage include the Columbia Gorge Interpretive Center of the Skamania County Historical Society, the Columbia Gorge Discovery Center of the Wasco County Historical Museum, and various businesses and tourist attractions. Promotional groups such as the Skamania County Chamber of Commerce, Cascade Locks, use maps titled ``Experience the Columbia Gorge'' and ``Heart of the Columbia Gorge.''
Growers have raised grapes in the Columbia Gorge for over a
century. In the 1880s, the Jewitt family, founders of the town of White
Salmon, Washington, built terraces on a wide southfacing slope on the
bluff above Bingen, Washington. They planted American vines that they
had brought with them from Illinois. Also, the pioneering Balfour and
Meress families brought grape cuttings to the Columbia Gorge. John
Balfour, the youngest son of English Lord Balfour, planted grape vines
in the early 1900s near the current location of Lyle, Washington.
Leonis and Elizah Meress brought grape cuttings to the area from their native Adele Nord, a village in one of France's
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coldest regions. Some of the vinifera vines they planted are still alive and have withstood temperatures well below zero.
Interest in grape growing in the Columbia Gorge was renewed in the early 1960s when experimental plots were planted in White Salmon, Washington. Later, commercial plots were planted under the direction of Washington State University. Today the Columbia River Gorge Wine Growers Association is comprised of 24 growers and 4 wineries. Currently, 284 acres are planted to wine grapes in the Columbia Gorge viticultural area, with more being planted each year.
The Columbia Gorge viticultural area's boundary is based on a combination of topographic, soil, and climatic factors that contrast with the nearby Columbia Valley and Willamette Valley viticultural areas. Much of the boundary line is the 2,000foot elevation line, which encloses lower elevations and flatter agricultural areas with loamy soils. Above the 2,000foot elevation boundary line the terrain becomes steeper and has gravelly soils more suitable for timber. Topography
The Columbia River, twisting and turning on a westbound course, carved the Columbia Gorge, with its sides of steep cliffs, into the landscape. These sides range from sheer rock faces, comprised of volcanic outcroppings of igneous and metamorphic rock, to gentle stair step benchlands formed by prehistoric lava flows. These benchlands have deep soil and good sun exposure, making them desirable for vineyards.
The Gorge funnels the Pacific's moist marine air to its west and the drier inland air to its east, back and forth. The Columbia Gorge viticultural area benefits from these prevailing winds, which moderate temperatures that otherwise might be warmer in the summer and cooler in the winter.
Soil types within the boundaries of the Columbia Gorge viticultural area are silty loams, as opposed to the more gravelly soils found outside the area. As the valleys on both the Washington and Oregon sides of the area slope up to the surrounding hills, the terrain becomes much steeper, and the soil types change noticeably.
Permeability of the silty loams found within the Columbia Gorge viticultural area is slow to moderate, and the available water capacity is high. Effective rooting depth is 60 inches or more. Soils include Chemawa, Underwood Loam, McGowen, Wyest Silt Loam, Van Horn, Parkdale Loam, and Oak Grove Loam series.
By contrast, the soils immediately surrounding the Columbia Gorge viticultural area, both above the 2,000foot elevation line and eastward to the Columbia Valley, are generally gravelly with higher permeability. These soils typically support sloped timber areas at more than 2,000 feet above sea level. Examples of soils outside the area are the Steeper McElroy, Undusk Gravelly Loam, Husum Gravelly Loam, Rock Outcrop, BinsBindle, Yallani, and HesslanSkyline series.
Yearly rainfall totals determine the eastern and western borders of the Columbia Gorge viticultural area. To the west, the land has more rainfall, cloud cover, and vegetative growth, which results in benchlands unsuitable for viticulture. To the east, the terrain is more arid.
Annual rainfall within the Columbia Gorge viticultural area ranges from 30 inches on the west side of the Hood River, Oregon, to 18 inches near its eastern boundary at Lyle, Washington. By comparison, west of the Columbia Gorge viticultural area boundary the Bonneville Dam averages 77.54 inches and Skamania, Washington, averages 85.49 inches of annual rainfall. To the east of the boundary line, The Dalles, Oregon, averages 14.52 inches and Yakima, Washington, averages 8.21 inches of rainfall annually.
The average growing temperatures within the Columbia Gorge
viticultural area range from 62 degrees (Appleton and Wind River,
Washington) to 65 degrees (Hood River, Oregon), as compared to 61
degrees to the west in Skamania and 71.6 degrees to the east in The
Dalles. In general, grapes grown in this viticultural area are early
varietals, such as Pinot Noir and Gewurztraminer, which require fewer
high temperature days. By contrast, the Columbia Valley viticultural
area is able to grow much later varieties, e.g., Merlot and Cabernet
Sauvignon, due to significantly higher degree growing days. Rulemaking Proceedings
Notice of Proposed Rulemaking
TTB published a notice of proposed rulemaking regarding the establishment of the Columbia Gorge viticultural area in the June 27, 2003, Federal Register as Notice No. 11 (68 FR 38251). In that notice, TTB requested comments by August 26, 2003, from anyone interested. We received 16 favorable comments and no unfavorable comments. Washington wine industry members provide the majority of comments. Members of the public, a home winemaker, and a restaurant owner also commented favorably on the establishment of the Columbia Gorge viticultural area. Regulatory Analyses and Notices
We certify that this regulation will not have a significant economic impact on a substantial number of small entities. It imposes no new reporting, recordkeeping, or other administrative requirement. Any benefit derived from the use of the Columbia Gorge 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.
This rule is not a significant regulatory action as defined by Executive Order 12866, 58 FR 51735. Therefore, it requires no regulatory assessment.
The principal author of this document is N.A. Sutton, Regulations
and Procedures Division, Alcohol and Tobacco Tax and Trade Bureau. List of Subjects in 27 CFR Part 9
Wine.
Authority and Issuance
For the reasons discussed in the preamble, we amend title 27, Code of
Federal Regulations, part 9, American Viticultural Areas, as follows: PART 9AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
2. Add a new Sec. 9.178 to subpart C to read as follows:
Subpart CApproved American Viticultural Areas
* * * * *
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Sec. 9.178 Columbia Gorge.
(a) Name. The name of the viticultural area described in this section is ``Columbia Gorge''.
(b) Approved Maps. The appropriate maps for determining the
boundary of the Columbia Gorge viticultural area are 10 United States
Geological Survey, 1:24,000 scale, topographic maps. They are (1) Hood River Quadrangle, OregonWashington, 1994;
(2) Northwestern Lake Quadrangle, Washington, 1983;
(3) Husum Quadrangle, WashingtonKlickitat Co., 1994;
(4) Appleton Quadrangle, WashingtonKlickitat Co., 1994; (5) Lyle Quadrangle, WashingtonOregon, 1994;
(6) Brown Creek Quadrangle, Oregon, 1994;
(7) Ketchum Reservoir Quadrangle, Oregon, 1994;
(8) Parkdale Quadrangle, OregonHood River Co., 1994;
(9) Dee Quadrangle, OregonHood River Co., 1994; and
(10) Mt. Defiance Quadrangle, OregonWashington, 1994.
(c) Boundary. The Columbia Gorge viticultural area is located in
Hood River and Wasco Counties, Oregon, and Skamania and Klickitat
Counties, Washington. The area's point of beginning is on the Hood
River map, at the intersection of Washington State Highway 14 and the
R9ER10E line, close to Tunnel 4, on the north bank of the Columbia River. From this point, the boundary line
(1) Goes 1.5 miles straight north along the R9ER10E line to the
northwest corner of section 19, T3N, R10E (Hood River Quadrangle);
(2) Continues 2 miles straight east along the section line to the
northeast corner of section 20, T3N, R10E (Hood River Quadrangle);
(3) Goes 4.1 miles straight north along the section line, crossing
onto the Northwestern Lake map, to the northwest corner of section 33, T4N, R10E (Northwestern Lake Quadrangle);
(4) Continues 1 mile straight east on the section line to the
northeast corner of section 33, T4N, R10E (Northwestern Lake Quadrangle);
(5) Goes 1 mile straight north on the section line to the northwest
corner of section 27, T4N, R10E (Northwestern Lake Quadrangle);
(6) Continues 1 mile straight east on the section line to the
northeast corner of section 27, T4N, R10E (Northwestern Lake Quadrangle);
(7) Goes 3.8 miles north on the section line to its intersection with the T4NT5N line, R10E (Northwestern Lake Quadrangle);
(8) Continues 4 miles straight east on the T4NT5N line, crossing
onto the Husum map, to the northeast corner of section 5, R11E (Husum Quadrangle);
(9) Goes 2 miles straight south on the section line to the
southwest corner of section 9, T4N, R11E (Husum Quadrangle);
(10) Continues 2 miles straight east on the section line to the
northeast corner of section 15, T4N, R11E (Husum Quadrangle);
(11) Goes 3 miles straight south on the section line to the
southwest corner of section 26, T4N, R11E (Husum Quadrangle);
(12) Continues 2 miles straight east on the section line, crossing
onto the Appleton map, to the R11ER12E line (Appleton Quadrangle);
(13) Goes 1.25 miles straight south on the R11ER12E line to its
intersection with the 2,000foot contour line near the northeast corner of section 1, T3N (Appleton Quadrangle);
(14) Continues 11 miles south along the meandering 2,000foot
contour line through sections 1 and 12; then generally east through
sections 7, 18, 8, and 9 to section 10; then generally north, weaving
back and forth between sections 3, 4, 33, and 34; then south to section
3, until the 2,000foot contour line first intersects the section line
between sections 2 and 3, near a creek and an unnamed light duty road, T3N, R12E (Appleton Quadrangle);
(15) Goes 5.1 miles straight south on the section line, crossing
onto the Lyle map, and continuing south until it intersects with the
Klickitat River along the section 34 east boundary line, T3N, R12E (Lyle Quadrangle);
(16) Continues 0.9 mile generally southwest along the Klickitat
River until it joins the Columbia River, and then continues 0.4 mile
southwest in a straight line to the WashingtonOregon State line in the
center of the Columbia River, section 3, T2N, R12E (Lyle Quadrangle);
(17) Follows the OregonWashington state line 2.4 miles generally
southeast until it intersects with a northward extension of the R12E R13E line, T2N (Lyle Quadrangle);
(18) Goes 11 miles straight south on the R12ER13E line, crossing
onto the Brown Creek map, to its intersection with the T1NT1S Base
Line at the southeast corner of section 36 (Brown Creek Quadrangle);
(19) Continues 6.1 miles straight west along the T1NT1S Base Line,
crossing onto the Ketchum Reservoir map, to its intersection with the
R11ER12E line at the southeast corner of section 36 (Ketchum Reservoir Quadrangle);
(20) Goes 6 miles straight north on the R11ER12E line to its
intersection with the T1NT2N line at the northeast corner of section 1 (Ketchum Reservoir Quadrangle);
(21) Continues 6.2 miles straight west on the T1NT2N line,
crossing onto the Parkdale map, to its intersection with the R10ER11E
line at the southeast corner of section 36 (Parkdale Quadrangle);
(22) Goes 1.85 miles south on the R10ER11E line to its
intersection with the 2,000foot contour line near the southeast corner of section 12, T1N, R10E (Parkdale Quadrangle);
(23) Continues 10.1 miles along the meandering 2,000foot contour
line generally southwest through sections 12, 13, 14, 23, 22, 26, 27,
and 34 in T1N, and section 4 in T1S, to its intersection with the
section 4 south boundary line, T1S, R10E (Parkdale Quadrangle);
(24) Goes 2.4 miles straight west along the section line to its
intersection with the R9ER10E line, just west of Trout Creek, at the southwest corner of section 6, T1S (Parkdale Quadrangle);
(25) Continues 1 mile straight north along the R9ER10E line to its
intersection with the T1ST1N Base Line at the northwest corner of section 6 (Parkdale Quadrangle);
(26) Goes 1.3 miles straight west along the T1ST1N Base Line,
crossing onto the Dee map, to its intersection with the R9ER10E line at the southwest corner of section 21 (Dee Quadrangle);
(27) Continues 3.1 miles north along the R9ER10E line to the southeast corner of section 13, T1N (Dee Quadrangle);
(28) Goes 2 miles west along the section line to the southwest corner of section 14, T1N, R9E (Dee Quadrangle);
(29) Continues 1 mile straight north along the section line to the northwest corner of section 14, T1N, R9E (Dee Quadrangle);
(30) Goes 1 mile east along the section line to the northeast corner of section 14, T1N, R9E (Dee Quadrangle);
(31) Continues 2 miles straight north along the section line until
its intersection with the T1NT2N line, R9E (Dee Quadrangle);
(32) Goes 1 mile straight east along the T1NT2N line to the southeast corner of section 36, R9E (Dee Quadrangle);
(33) Continues 6.75 miles straight north along the R9ER10E line,
crossing onto the Mt. Defiance map, to the WashingtonOregon State line in the Columbia River, T3N (Mt. Defiance Quadrangle);
(34) Goes 1 mile straight eastnortheast along the State line, crossing onto the Hood River map, to its
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intersection with a southward extension of the R9ER10E line, T3N (Hood River Quadrangle); and
(35) Continues 0.6 mile north along the R9ER10E extension,
returning to the point of beginning at its intersection with the
Washington State Highway 14, close to Tunnel 4, on the north bank of the Columbia River (Hood River Quadrangle).
Dated: March 26, 2004.
Arthur J. Libertucci,
Administrator.
Approved: April 20, 2004.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy). [FR Doc. 0410513 Filed 5704; 8:45 am]
BILLING CODE 481031P
FOR FURTHER INFORMATION CONTACT N.A. Sutton, Program Manager,
Regulations and Procedures Division, Alcohol and Tobacco Tax and Trade
Bureau, 6660 Delmonico Drive,
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 47 CFR Part 73 26 CFR Part 1 40 CFR Part 180 33 CFR Part 117 50 CFR Part 17 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 50 CFR Part 622 44 CFR Part 65 50 CFR Part 660 26 CFR Part 301 39 CFR Part 111 40 CFR Part 300 6 CFR Part 5 40 CFR Part 271 47 CFR Part 64 40 CFR Parts 52 and 81 50 CFR Part 665 44 CFR Part 64 10 CFR Part 50 49 CFR Part 571 47 CFR Part 76