Proposed Establishment of the Goose Gap Viticultural Area
| Published date | 23 October 2020 |
| Citation | 85 FR 67469 |
| Record Number | 2020-22925 |
| Section | Proposed rules |
| Court | Alcohol And Tobacco Tax And Trade Bureau |
Federal Register, Volume 85 Issue 206 (Friday, October 23, 2020)
[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Proposed Rules]
[Pages 67469-67474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22925]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2020-0011; Notice No.196]
RIN 1513-AC63
Proposed Establishment of the Goose Gap 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 approximately 8,129-acre
[[Page 67470]]
``Goose Gap'' viticultural area in Benton County, Washington. The
proposed viticultural area lies entirely within the established Yakima
Valley and Columbia Valley viticultural areas. 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 this proposed addition to its
regulations.
DATES: TTB must receive comments by December 22, 2020.
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-2020-0011 as
posted on Regulations.gov (https://www.regulations.gov), 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 Regulations.gov or U.S. mail, and for full details on how to view
or 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
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 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 a name and a delineated boundary, as
established 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 provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
the standards for petitions for the establishment or modification of
AVAs. Petitions to establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
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;
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;
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
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Goose Gap Petition
TTB received a petition from Alan Busacca, on behalf of the Goose
Gap Wine Grower's Association, proposing the establishment of the
``Goose Gap'' AVA. The proposed Goose Gap AVA is located in Benton
County, Washington, and lies entirely within the established Yakima
Valley AVA (27 CFR 9.69) and Columbia Valley AVA (27 CFR 9.74). The
proposed Goose Gap AVA contains approximately 8,129 acres and has 1
winery and 2 commercially-producing vineyards covering a total of more
than 1,800 acres. The petition states that, in 2017, the two vineyards
harvested more than 7,000 tons of grapes, and the winery produced about
50,000 cases of wine from those grapes.
According to the petition, the distinguishing features of the
proposed Goose Gap AVA include its geology and soils. The petition also
included information on the general climate of the region near the
proposed AVA. However, the petition did not include any actual climate
data from within the proposed Goose Gap AVA and instead provided
climate data from the nearby established Red Mountain AVA (27 CFR
9.167), which the petition asserts has a similar climate. Because the
petition did not include evidence from within the proposed AVA to
support its climate claims, TTB is unable to determine that climate is
a distinguishing feature of the proposed AVA. Therefore, this proposed
rule does not include a discussion of the climate of the proposed
AVA.\1\ TTB invites public comments that include climate data from
within the proposed AVA and the surrounding regions. The Bureau may
determine climate to be a distinguishing feature of this proposed AVA
if sufficient additional information is received. Unless otherwise
noted, all information and data pertaining to the proposed AVA
contained in this document are from the petition for the proposed Goose
Gap AVA and its supporting exhibits.
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\1\ The climate data is included in Docket TTB-2020-0011 at
https://www.regulations.gov.
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Name Evidence
The proposed Goose Gap AVA takes its name from the geological
feature known as ``Goose Gap,'' which is
[[Page 67471]]
located within the proposed AVA. Goose Gap is described as a slightly
rolling ``saddle'' or ``gap'' of land situated between Goose Hill,
which is also within the proposed AVA, and Candy Mountain and Badger
Mountain, which are located to the east and southeast of the proposed
AVA, respectively. The gap is labeled ``Goose Gap'' on U.S.G.S.
quadrangle maps dating back to 1965, including the 1965 Badger Mountain
quadrangle map and the 1978 Richland quadrangle map, both of which were
included as exhibits to the petition. The gap is also labeled ``Goose
Gap'' on the 2017 Badger Mountain quadrangle map used to create the
boundary of the proposed AVA.
The petition states that the name ``Goose Gap'' has been used to
describe the region of the proposed AVA in newspaper articles and other
historical sources since at least 1904, when a reference appeared in
the journal Forest and Stream. The 1904 article describes a goose
hunting trip at ``Goose Gap, through which the geese fly in reaching
the Horse Heaven feeding grounds after they leave the sand bars of the
Columbia River.'' \2\ A 1913 article in the Kennewick Courier newspaper
mentions several local residents who participated ``in a goose hunt at
`Goose Gap' last Sunday.'' \3\ A 1959 publication on the early history
of Benton City, Washington, which is located near the proposed AVA,
notes that ``[a]round the lower valley at Goose Gap up the canyon * * *
the wild geese come to feed in great flocks at certain seasons of the
year.'' \4\
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\2\ Portus Baxter, Washington Geese, Forest and Stream, Vol. 63,
page 26 (1904). See Exhibit 1.10 of the petition.
\3\ Richland items, Kennewick Courier, Nov. 18, 1913 at page 4.
See Exhibit 1.12 of the petition.
\4\ History Committee of the Community Development Program of
Benton City, 1959, History of Benton City Washington 1853-1959,
pages 6, 8-10, 19 (Benton City, Washington 1959). See Exhibit 1.15
of the petition.
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The petition also included more recent examples to demonstrate that
the region of the proposed AVA is currently referred to as ``Goose
Gap.'' A road running through the proposed AVA is named Goose Gap Road.
A local pawpaw fruit orchard is named Goose Gap Pawpaws. A 1972 draft
environmental statement on the proposal to build Interstate 82, which
runs through the proposed AVA, notes that a portion of the road will
``follow a passage * * * to Goose Gap at the northwest end of Badger
Mountain.'' \5\ A 2016 newspaper article about wine grape growing in
Washington states, ``The Monson family started out in cattle and fruit
before developing Goose Ridge Vineyards, and has turned a unique
property in Goose Gap into 2,200 acres of wine grapes.'' \6\ A review
of Washington wines describes a 2016 ros[eacute] from Goose Ridge
Vineyards, which is located within the proposed AVA, and mentions that
the wine was made by ``Goose Gap winemaker Andrew Wilson.'' \7\
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\5\ Oregon State Highway Division and Washington State
Department of Highways. Draft Environmental Statement--Interstate
82/182 Prosser, Washington to Interstate 80N in Oregon, page 1-8
(1972). See Exhibit 1.16 of the petition.
\6\ Kevin Cole, Wine grapes continue to thrive, Tri-City Herald,
Oct. 20, 2016, at pages 8-9. See Exhibit 1.7 of the petition.
\7\ Andy Perdue & Eric Degerman, Northwest wine: Spring into
action on the patio with Northwest ros[eacute], Tri-City Herald, May
20, 2017, www.tri-cityherald.com/living/food-drink/wine/article149577139.html. (Last accessed December 12, 2017). See
Exhibit 1.8 of the petition.
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Several other references to ``Goose Gap'' are found in a 2015 plan
for a project to develop water rights and drill deep irrigation wells
for row crops, orchards, and vineyards on lands owned by the Washington
State Department of Natural Resources (DNR) in the region of the
proposed AVA. First, the development plan refers to the project as the
``DNR Red Mountain Goose Gap Project.'' \8\ The plan states that
``DNR's Red Mountain Goose Gap Complex and associated leases represent
one of DNR's larger agriculture projects with extensive acres of
vineyard and orchard production and related infrastructure.'' \9\
Finally, a map of the DNR land parcels affected by the project notes,
``Boundary between the Goose Gap and Red Mt. Parcels are separate [sic]
by I-82.'' \10\ TTB notes that Interstate 82 runs just inside the
northern boundary of the proposed Goose Gap AVA and separates the
proposed AVA from the established Red Mountain AVA.
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\8\ Washington Department of Natural Resources. Attachment 1--
Determined Future Development Plan and Supporting Documentation--DNR
Red Mountain Goose Gap Project. (2015). See Exhibit 1.4 of the
petition.
\9\ Ibid at page 1.
\10\ Washington Department of Natural Resources. Attachment 1-
1--Red Mountain/Goose Gap Complex History, page 6 (2015). See
Exhibit 1.5 of the petition.
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Boundary Evidence
The proposed Goose Gap AVA encompasses Goose Gap and Goose Hill.
The majority of the northern boundary is concurrent with the southern
boundary of the established Red Mountain AVA and separates Goose Gap
and Goose Hill from Red Mountain, which is a separate geographic
feature. The northeastern boundary follows a series of highways and
roads and is concurrent with the boundary of the established Candy
Mountain AVA (27 CFR 9.272). This boundary separates the proposed Goose
Gap AVA from Candy Mountain, which is also a separate geographic
feature. The eastern boundary follows a series of roads and drainage
lines to separate the proposed AVA from Badger Mountain. The southern
and western boundaries follow a railroad track and the 600-foot
elevation contour to separate the proposed AVA from Badger Coulee.
Distinguishing Features
The distinguishing features of the proposed Goose Gap AVA are its
geology and soils.
Geology
The proposed Goose Gap AVA is comprised of two geographic features
with similar viticultural conditions: Goose Gap and the adjoining Goose
Hill. According to the petition, Goose Gap and Goose Hill together form
part of a single folded and faulted block of the underlying Columbia
River Basalt. Goose Gap is formed from a syncline, a down-folded arch
in the bedrock that creates a saddle-like shape, whereas Goose Hill is
formed from an anticline, an arch-like structure of basalt that was
bent upwards to form a ridge and slopes.
The proposed AVA is part of a series of folded hills and valleys
collectively known as the Yakima Fold Belt, which runs from the Beezley
Hills in the north to the Horse Heaven Hills in the south. According to
the petition, all of the ridges and hills in the region surrounding the
proposed Goose Gap AVA have a northwest-southeast orientation,
including Rattlesnake Ridge, Red Mountain, and Candy Mountain. However,
Goose Hill has an east-west orientation, as does the adjoining Goose
Gap. Furthermore, the south and southwest slopes within the proposed
Goose Gap AVA are significantly steeper than the north and northeast
slopes. As a result, vineyards in the proposed AVA are planted on the
north and northeast slopes. According to the petition, the other hills
and slopes in the Yakima Fold Belt, including the neighboring Red
Mountain and Candy Mountain, have plantable south and southwest slopes,
while the north and northeast slopes are too steep for vineyards.
The petition states that the unique slope aspect of the proposed
Goose Gap AVA has an effect on viticulture. Vineyards on north- and
northeast-facing slopes, such as those in the proposed AVA, receive
less solar radiation than vineyards on south- and
[[Page 67472]]
southwest-facing slopes. The petition further states that data from
three vineyard locations within the proposed AVA show that the
vineyards receive an average of 980,500 watt-hours per square meter per
year. By contrast, data from three vineyard locations in the
neighboring Red Mountain AVA, which are planted on south- and
southwest-facing slopes, show that the vineyards receive an average of
1,025,867 watt-hours per square meter per year. The petition states
that while a difference in solar radiation of 5 percent may seem small,
it can affect how quickly grapes ripen. For example, Cabernet Sauvignon
grapes grown in the proposed AVA typically ripen a week to nine days
later than the same varietal of grapes grown in the Red Mountain AVA.
Soils
The proposed Goose Gap AVA has five main soil series: Warden,
Shano, Kiona, Hezel, and Prosser. Together, these soil series comprise
almost 95 percent of the soil within the proposed AVA. The most
abundant soil is the Warden series, which makes up 65 percent of the
proposed AVA. These soils consist of wind-blown loess over layered or
stratified silts and fine sands from the ancient Missoula Floods.
Warden soils have rooting depths of six feet or more with no hardpans
or other root-restrictive layers, and as such, they are prized soils
for vineyards. Kiona soils comprise about 9 percent of the proposed AVA
and are formed in loess and rubble from fractured basalt. According to
the petition, these soils are typically found on the south-facing
slopes of the proposed AVA, which are in most cases too steep for
vineyards.
Also within the proposed Goose Gap AVA are Shano and Hezel soils,
which each make up about 7 percent of the soils of the proposed AVA.
Shano soils are formed in deep wind-blown loess and are highly
desirable for vineyards, in part because their low levels of organic
matter prevent overly vigorous vine and leaf growth. Shano soils are
also desirable for vineyards because their low natural soil moisture
allows growers to control vine development via the timing and amount of
water applied by drip irrigation during the growing season. Hezel soils
are made of wind-blown sand over stratified Missoula Floods silts and
sands. Finally, Prosser soils comprise about 5 percent of the soils in
the proposed AVA. These soils formed in loess mixed with flood
sediments that total only about 30 inches of soil thickness over
basaltic bedrock. However, the underlying basalt is fractured and not
plugged by a hardpan, so the soils remain well drained and are
desirable for vineyards.
The petition states that the soils of the surrounding regions
differ from those of the proposed Goose Gap AVA in both abundance and
composition. The petition compared the soils of the prepared AVA to
those of the Red Mountain AVA, to the northwest of the proposed AVA,
the Yakima Valley AVA, which encompasses the proposed AVA, and the
Horse Heaven Hills AVA (27 CFR 9.188), which is adjacent to the Yakima
Valley AVA and to the southwest of the proposed AVA. Warden soils
dominate the proposed AVA, yet they comprise only 46 percent of the
soils in the Red Mountain AVA and approximately 25 percent of the soils
in both the entire Yakima Valley AVA and the Horse Heaven Hills AVA.
Scooteney soils make up approximately 11 percent of the soils of the
Red Mountain AVA yet are completely absent in the proposed Goose Gap
AVA, with which the Red Mountain AVA shares a boundary. Ritzville soils
constitute almost 30 percent of the soils of the Horse Heaven Hills
AVA, but they too are absent from the proposed AVA.
Summary of Distinguishing Features
In summary, the geology and soils of the proposed Goose Gap AVA
distinguish it from the surrounding regions. Although the proposed
Goose Gap AVA is underlain with the same Columbia River Basalt as most
of eastern Washington, the basalt in the proposed AVA was folded in an
entirely unique manner. As a result, Goose Hill and Goose Gap, the two
adjoining features that comprise the proposed AVA, both have an east-
west alignment and north-northeast facing plantable slopes. By
contrast, all of the other slopes and hills that comprise the Yakima
Fold Belt have a northwest-southeast alignment and south-southwest
facing plantable slopes. Additionally, Warden soils comprise
approximately 65 percent of the soils in the proposed AVA but make up
significantly less of the soils in the Yakima Valley AVA, which
encompasses the proposed AVA. Warden soils also comprise significantly
less of the soils in the Red Mountain AVA to the immediate northwest of
the proposed AVA and the Horse Heaven Hills AVA to the southwest of the
proposed AVA. Several soil series common in the surrounding regions,
including Scooteney and Ritzville, are completely absent from the
proposed Goose Gap AVA.
Comparison of the Proposed Goose Gap AVA to the Existing Yakima Valley
AVA
T.D. ATF-128, which published in the Federal Register on April 4,
1983 (48 FR 14374), established the Yakima Valley AVA. T.D. ATF-128
states that topography, climate, and soils distinguish the Yakima
Valley AVA from the surrounding regions. The Yakima Valley AVA is
bounded on the north and south by basaltic uplifts; on the east by
Rattlesnake Mountain, Red Mountain, and Badger Mountain; and on the
west by the foothills of the Cascade Mountains. The western portion of
the AVA is described as a vast expanse of flat land, while the eastern
portion is comprised of gently sloping land. The Yakima Valley AVA
contains at least 13 different soil associations, the most common being
the Warden-Shano Association and the Scooteney-Starbuck Association.
The proposed Goose Gap AVA is located in the southeastern portion
of the Yakima Valley AVA and shares some of the same general features.
For instance, both the proposed AVA and the established AVA rest on
Columbia River Basalt and have soils that are a combination of glacial-
flood and wind-borne soils, including the Warden soil series.
However, the proposed Goose Gap AVA has some characteristics that
distinguish it from the Yakima Valley AVA. For example, the proposed
Goose Gap AVA is unique among the hills of the Yakima Valley AVA in
that it has an east-west alignment and a north-northeast plantable
slope aspect. Additionally, although Warden and Shano soils occur in
the Yakima Valley AVA, they comprise a larger percentage of the
proposed Goose Gap AVA soils. By contrast, many vineyards in the Yakima
Valley AVA are planted on the Scooteney-Starbuck soil association, but
Scooteney soils are not found within the proposed AVA and Starbuck
soils comprise less than 2 percent of the proposed AVA soils.
Comparison of the Proposed Goose Gap AVA to the Existing Columbia
Valley AVA
The Columbia Valley AVA was established by T.D. ATF-190, which was
published in the Federal Register on November 13, 1984 (49 FR 44897).
The Columbia Valley AVA covers approximately over 11 million acres in
Washington along the Columbia and Snake Rivers. According to T.D. ATF-
190, the AVA is a large, treeless, broadly undulating basin with
elevations that are generally below 2,000 feet. In general, the growing
season within the
[[Page 67473]]
Columbia Valley AVA is over 150 days, and growing degree day
accumulations are generally over 2,000.
The proposed Goose Gap AVA shares some of the same general
characteristics as the Columbia Valley AVA. For example, elevations
within the proposed AVA are below 2,000 feet. However, due to its much
smaller size, the proposed AVA has more uniform characteristics than
the large, multi-county Columbia Valley AVA. The proposed AVA
encompasses a single folded and faulted block of Columbia River Basalt,
characterized by the Goose Gap syncline and the adjoining Goose Hill
anticline. The Columbia Valley AVA, by contrast, consists of multiple
ridges, hills, and valleys within a single broad basin.
TTB Determination
TTB concludes that the petition to establish the 8,129-acre Goose
Gap AVA merits consideration and public comment, as invited in this
notice of proposed rulemaking.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA in the proposed regulatory text published at the end of this
proposed rule.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text. You may also view the proposed
Goose Gap AVA boundary on the AVA Map Explorer on the TTB website, at
https://www.ttb.gov/wine/ava-map-explorer.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name, 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 Sec. 4.25(e)(3) of the TTB regulations (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 Sec. 4.39(i)(2) of the TTB regulations (27 CFR
4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Goose Gap,'' 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 the name ``Goose Gap'' 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 AVA name as an
appellation of origin if this proposed rule is adopted as a final rule.
The approval of the proposed Goose Gap AVA would not affect any
existing AVA, and any bottlers using ``Yakima Valley'' or ``Columbia
Valley'' as an appellation of origin or in a brand name for wines made
from grapes grown within the Yakima Valley or Columbia Valley AVAs
would not be affected by the establishment of this new AVA. The
establishment of the proposed Goose Gap AVA would allow vintners to use
``Goose Gap,'' ``Yakima Valley,'' and ``Columbia Valley'' as
appellations of origin for wines made from grapes grown within the
proposed Goose Gap 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 it should establish the proposed Goose Gap AVA. TTB is also
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, soils, geology, and other required information
submitted in support of the petition. In addition, given the proposed
Goose Gap AVA's location within the existing Yakima Valley and Columbia
Valley AVAs, 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
established AVAs. TTB is also interested in comments on whether the
geographic features of the proposed AVA are so distinguishable from the
surrounding Yakima Valley and Columbia Valley AVAs that the proposed
Goose Gap AVA should no longer be part of either AVA. Please provide
any available specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Goose Gap AVA on wine labels that include the term ``Goose
Gap'' 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 AVA name 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 AVA.
Submitting Comments
You may submit comments on this document by using one of the
following methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this document within Docket No. TTB-
2020-0011 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
https://www.regulations.gov. A direct link to that docket is available
under Notice No. 196 on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking. Supplemental files may be attached to
comments submitted via Regulations.gov. For complete instructions on
how to use Regulations.gov, visit the site and click on the ``Help''
tab.
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
document. Your comments must reference Notice No. 196 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 Regulations.gov, 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 Administrator before the comment closing
date to ask for a public hearing.
[[Page 67474]]
The Administrator reserves the right to determine whether to hold a
public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this document, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2020-0011 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A
direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking under Notice No. 196.
You may also reach the relevant docket through the Regulations.gov
search page at https://www.regulations.gov. For information on how to
use Regulations.gov, click on the site's ``Help'' tab.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also obtain copies of this proposed rule, all related
petitions, maps and other supporting materials, and any electronic or
mailed comments that TTB receives about this proposal at 20 cents per
8.5 x 11-inch page. Please note that TTB is unable to provide copies of
USGS maps or any similarly-sized documents that may be included as part
of the AVA petition. Contact TTB's Regulations and Rulings Division by
email using the web form at https://www.ttb.gov/contact-rrd, or by
telephone at 202-453-1039, ext. 175, to request copies of comments or
other materials.
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
It has been determined that this proposed 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 notice of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes 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. Subpart C is amended by adding Sec. 9.___ to read as follows:
Sec. 9.___ Goose Gap.
(a) Name. The name of the viticultural area described in this
section is ``Goose Gap''. For purposes of part 4 of this chapter,
``Goose Gap'' is a term of viticultural significance.
(b) Approved maps. The 4 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Goose Gap viticultural area are titled:
(1) Benton City, WA, 2017;
(2) Richland, WA, 2017;
(3) Badger Mountain, WA, 2017; and
(4) Webber Canyon, WA, 2017.
(c) Boundary. The Goose Gap viticultural area is located in Benton
County, Washington. The boundary of the Goose Gap viticultural area is
as described below:
(1) The beginning point is on the Benton City map at the
intersection of Sections 10, 11, 15, and 14, T9N/R27E. From the
beginning point, proceed southwesterly in a straight line for
approximately 250 feet to the 700-foot elevation contour in Section 15,
T9N/R27E; then
(2) Proceed southwesterly along the 700-ft elevation contour to its
westernmost point in Section 15, T9N/R27E; then
(3) Proceed southwesterly in a straight line to intersection of the
700-foot elevation contour and an unnamed intermittent stream in
Section 16, T9N/R27E; then
(4) Proceed southwesterly along the unnamed intermittent stream to
its intersection with the 600-foot elevation contour in Section 20,
T9N/R27E; then
(5) Proceed south, then southwesterly along the 600-foot elevation
contour, crossing onto the Webber Canyon map, for a total of
approximately 3 miles to the intersection of the 600-foot elevation
contour and the western boundary of Section 27, T9N/R27E; then
(6) Proceed south along the western boundary of Section 27 to its
intersection with the railroad tracks; then
(7) Proceed southeasterly along the railroad tracks, crossing onto
the Badger Mountain map, and continuing along the railroad tracks for a
total of approximately 3 miles to the intersection of the railroad
tracks with Dallas Road in Section 36, T9N/R27E; then
(8) Proceed east, then north along Dallas Road for approximately 2
miles to its intersection with Interstate 182 in Section 20, T9N/R28E;
then
(9) Proceed west along Interstate 182 and onto the ramp to
Interstate 82, and continue northwesterly along Interstate 82, crossing
over the southwestern corner of the Richland map and onto the Benton
City map, to the intersection of Interstate 82 and an intermittent
stream in Section 13, T9N/R27E; then
(10) Proceed northwesterly along the intermittent stream to its
intersection with E. Kennedy Road NE in Section 13, T9N/R27E; then
(11) Proceed north in a straight line to the northern boundary of
Section 13, T9N/R27E; then
(12) Proceed westerly along the northern boundaries of Sections 13
and 14, returning to the beginning point.
Signed: August 26, 2020.
Mary G. Ryan,
Administrator.
Approved: September 24, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2020-22925 Filed 10-22-20; 8:45 am]
BILLING CODE 4810-31-P
