[Federal Register: June 27, 2003 (Volume 68, Number 124)]
[Proposed Rules]
[Page 38248-38251]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn03-29]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 12]
RIN 1512-AC78
Proposed McMinnville Viticultural Area (2002R-217P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
establish the ``McMinnville'' viticultural area in Yamhill County,
Oregon, within the existing Willamette Valley viticultural area. The
proposed viticultural area would include only the land at and between
the elevations of 200 feet and 800 feet within the described
boundaries. We propose to amend the regulations to include this area,
and we invite comments on this proposal, especially from those whose
brand names may be affected by this proposal.
DATE: We must receive written comments by August 26, 2003.
ADDRESSES: You may send comments to any of the following addresses--
[sbull] Chief, Regulations and Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, P.O. Box 50221, Washington, DC 20091-0221
(Attn: Notice No. 12);
[sbull] 202-927-8525 (facsimile);
[sbull] NPRM@ttb.gov (e-mail); or
[sbull] http://www.ttb.gov (An online comment form is posted with
this Notice on our Web site).
You may view copies of this notice and any comments received at
http://www.ttb.gov/alcohol/rules/index.htm or by appointment at the ATF
Reference Library, 650 Massachusetts Avenue, NW., Washington, DC 20226;
phone 202-927-7890.
See the Public Participation section of this Notice for specific
instructions and requirements, as well as information on how to request
a public hearing.
FOR FURTHER INFORMATION CONTACT: Jennifer Berry, Alcohol and Tobacco
Tax and Trade Bureau, Regulations and Procedures Division, P.O. Box
18152, Roanoke, VA 24014; telephone 540-344-9333.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
What Is TTB's Authority To Establish a Viticultural Area?
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 deceptive information on such labels. The FAA Act also
authorizes the Secretary of the Treasury to issue regulations to carry
out its provisions.
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
[[Page 38249]]
Areas, contains the list of approved viticultural areas.
What Is the Definition of a Viticultural Area?
Title 27 CFR 4.25a(e)(1) defines an American viticultural area as a
delimited grape-growing region distinguishable by geographic features
whose boundaries have been delineated in subpart C of part 9. The
establishment of viticultural areas allows the identification of
regions where a given quality, reputation, or other characteristics of
the wine is essentially attributable 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 there.
What Is Required To Establish a Viticultural Area?
Section 4.25(e)(2) outlines the procedure for proposing an American
viticultural area. Any interested person may petition TTB to establish
a grape growing region as a viticultural area. The petition must
include:
[sbull] Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
[sbull] Historical or current evidence that the boundaries of the
proposed viticultural area are as specified in the petition;
[sbull] Evidence relating to geographical features, including
growing conditions, such as climate, soil, elevation, physical
features, etc., that distinguish the proposed area from surrounding
areas;
[sbull] A description of the specific boundaries of the proposed
viticultural area, based on features reflected on maps approved by the
United States Geological Survey (USGS); and
[sbull] A copy or copies of the appropriate USGS-approved map(s)
with the boundaries prominently marked.
What Impact Will This Have on Current Labels?
If this proposed viticultural area is established, bottlers who use
brand names like ``McMinnville'' may be affected. If you fall in this
category, you must ensure that your existing products are eligible to
use the name of the viticultural area as an appellation of origin. For
a wine to be eligible, at least 85 percent of the grapes in the wine
must have been grown within the viticultural area and meet the other
requirements listed in 27 CFR 4.25a(e)(3).
If the wine is not eligible for the appellation, you must change
the brand name and obtain approval of a new label. Different rules
apply if the brand name in question is on a label approved prior to
July 7, 1986. See 27 CFR 4.39(i) for details. Additionally, if you use
the viticultural area name on a wine label in a context other than
appellation of origin, the general prohibitions against misleading
representation in part 4 of the regulations apply.
McMinnville Petition
Mr. Kevin Byrd, of Youngberg Hill Vineyards, McMinnville, Oregon,
has petitioned TTB for the establishment of a viticultural area to be
called ``McMinnville.'' The proposed viticultural area is located
approximately 40 miles southwest of Portland, Oregon, just west of the
city of McMinnville and north of the village of Sheridan in Yamhill
County. The proposed area is also entirely within the existing
Willamette Valley viticultural area described in 27 CFR 9.90. According
to the petitioner, there are 14 wineries and 523 acres planted to vines
within the proposed McMinnville viticultural area.
What Name Evidence Has Been Provided?
The proposed viticultural area is named for the city of
McMinnville, the county seat of Yamhill County, which is located at the
northeastern border of the proposed viticultural area. Mr. Byrd states
that the proposed area is considered part of greater McMinnville and
notes that most of the wineries within the proposed boundaries have
McMinnville addresses. He provided historical information on the name
``McMinnville'' from ``Oregon Geographic Names'' by Lewis L. McArthur
(Oregon Historical Society, 1982). Mr. McArthur stated:
McMinnville was named by William T. Newby, who was born in
McMinnville, Warren County, Tennessee, in 1820, and came to Oregon
in 1843. He settled near the present site of McMinnville early in
1844, and in 1853 built a grist mill and founded the town. In 1854
he started a store. He was county assessor in 1848 and state senator
in 1870. McMinville post office was established on May 29, 1855,
with Elbrige G. Edson postmaster. The name was later changed to the
present spelling.
According to the petitioner, McMinnville is known to consumers as a
wine producing area. To demonstrate this, he submitted several quotes
from Internet sites. The first quote is from the Web site of the
Greater McMinnville Chamber of Commerce; the other two are from travel
sites:
[sbull] ``Nestled in the heart of Oregon's beautiful wine country,
McMinnville is Oregon at its best.'' (See http://www.mcminnville.org/welcome.html.
)
[sbull] ``Before gaining its glamorous reputation as a wine-
producing center, McMinnville was known as the home of Linfield College
* * *.'' (See http://www.ohwy.com/or/m/mcminnvi.htm.)
[sbull] ``McMinnville is known for its picturesque vineyards that
dot the foothills. Located in Yamhill County, the oldest county in
Oregon, McMinnville is often compared to the wine regions of France and
Germany.'' (See http://www.el.com/to/ mcminnville/).
In addition, the petitioner notes that McMinnville is the home of
the International Pinot Noir Celebration, held every July since 1987 at
the Linfield College campus.
What Boundary Evidence Has Been Provided?
The boundaries for the proposed McMinnville viticultural area are
based primarily on elevation. The proposed boundaries encompass Gopher
Valley, Dupee Valley, Muddy Valley, and the surrounding hills, all
geographically part of the eastern foothills of the Coast Range.
However, within the boundaries described in the proposed regulation
section of this notice, only land at and between 200 and 800 feet of
elevation is included in the proposed viticultural area. According to
the petitioner, those elevations are distinctive in their soils and
climate when compared to other parts of the Willamette Valley. The
petitioner states that below the 200 foot elevation line the Willamette
silt-based soils create growing conditions substantially different from
those in the proposed area. The greater depth, water holding capacity,
and fertility of these lower elevation soils extends the vegetative
period of the vine and delays ripening of vineyards planted at those
elevations. The soils of the proposed area are described in greater
detail in the following section.
In addition, the petitioner asserts that elevation greatly affects
the microclimate of the proposed viticultural area. He notes that
elevations below 200 feet are more prone to frost when compared to the
higher elevations. On the other hand, elevations above 800 feet
experience far fewer degree growing days than lower elevations, which
prevents the reliable ripening of wine grapes.
The petitioner's proposal is unusual in that the proposed
boundaries encompass land that will not be part of
[[Page 38250]]
the proposed viticultural area. Land below 200 feet and above 800 feet
will be excluded due to soil and climate differences with land between
those elevations. A precedent does exist for such a viticultural area.
Within the boundaries of the Mendocino Ridge viticultural area, only
land at and above the 1200 foot elevation line is included in the
viticultural area (See 27 CFR 9.158 and T.D. ATF-392 at 62 FR 55512,
October 27, 1997). However, because of the unusual nature of such
boundaries, TTB is particularly interested in public comments on the
proposed McMinnville boundaries. Specifically, does the evidence
regarding elevation support the exclusion of some of the land lying
within the proposed area's outer boundaries?
What Evidence of Distinctive Geographical Features Has Been Provided?
The petitioner asserts that the geographic and climatic features of
the proposed McMinnville viticultural area distinguish it from
surrounding areas of the Willamette Valley.
Temperature and Precipitation
According to the petitioner, the proposed viticultural area's
location just east of the Coast Range and northeast of the Van Duzer
Corridor greatly affects its growing season temperatures and
precipitation. He submitted temperature and precipitation data from the
Oregon Climate Service comparing McMinnville with two other sites in
the western Willamette Valley--Dallas, Oregon, to the south of
McMinnville, and Scoggins Dam, Oregon, to the north. This data shows
that McMinnville is, on average, warmer and drier than Dallas and
Scoggins Dam. McMinnville averaged 2178 degree growing days above 50
degrees during the growing season for the years 1971-2000, with average
yearly precipitation of 41.66 inches. Dallas, for the same period,
averaged 2116 degree growing days above 50 degrees, with precipitation
of 49.13 inches. Scoggins Dam, for the period, averaged 1974 degree
growing days above 50 degrees, with precipitation of 50.68 inches.
The petitioner explains that cooler and wetter conditions south of
McMinnville are due to the Van Duzer Corridor, a pass through Oregon's
Coast Range. Cool, wet marine air flows inland through this pass,
causing cooler, wetter growing conditions in areas east of the pass.
North and west of McMinnville, at Scoggins Dam for example, the
petition states that the land makes a rapid transition to the slopes of
the Coast Range, which has much cooler temperatures and greater
rainfall.
Soils and Geology
According to the petitioner, the soils and geology of the proposed
McMinnville viticultural area are different from those in surrounding
areas, thus providing distinctive growing conditions for the area's
grapes. To demonstrate the soil differences, the petitioner submitted
soil survey maps published by the Soil Conservation Service of the U.S.
Department of Agriculture. The soils of the McMinnville area are
characterized by several types of shallow (less than 40 inches deep)
silty clay and clay loams that exhibit low total available moisture.
These soils, primarily Yamhill, Nekia, Peavine, Willakenzie, and
Hazelair, all have a typical depth to base materials of between 20 and
40 inches, while the average total available moisture for these soils
ranges from 4.8 to 6.3 inches.
To the west and northwest of the proposed area, the petition notes,
the soils transition to those of the Olyic and Hembre associations.
While these soils are also shallow silty clay and clay loams, they tend
to be acidic. To the north of the area (within the proposed Yamhill-
Carlton viticultural area), a greater percentage of the soils are of
the Woodburn-Willamette association. These soils are of greater depth
(60 inches) and have a higher total available moisture (12 to 13
inches). The Woodburn-Willamette soils also predominate to the south
and southwest of the proposed area.
The petitioner states that the most distinctive geological feature
within the proposed area is the Nestucca Formation, a 2000-foot thick
bedrock formation that extends west from the city of McMinnville to the
slopes of the Coast Range. This formation contains marine sandstone and
mudstone with intrusions of marine basalts. These intrusions
differentiate the formation from the pure basaltic parent materials
found under the Red Hills and Chehalem Mountains and the pure marine
sedimentary materials of the Yamhill Formation found on the valley
floor.
Because of these marine basalts, the petition notes that the ground
water composition of the McMinnville area is significantly different
from that in areas to the east. According to data obtained from Oregon
State University's Drinking Water Program, it contains greater
dissolved sodium (66 mg/L vs. 16 mg/L), less dissolved potassium (.9
mg/L vs. 3.8 mg/L), and greater dissolved boron (230 ug/L vs. 20 ug/L)
than the ground water east of McMinnville. The petitioner asserts that
significant variations in these component materials can result in
grapes with unique flavor and development characteristics.
Boundary Description
See the narrative boundary description of the petitioned
viticultural area in the proposed regulation published near the end of
this notice.
Public Participation
Comments Sought
We request comments from anyone interested. Please support your
comments with specific information about the proposed area's name,
growing conditions, or boundaries. Due to the unusual nature of the
proposed boundaries, we are particularly interested in comments
regarding the proposed area's elevation limitations. All comments must
include your name and mailing address, reference this notice number,
and be legible and written in language acceptable for public
disclosure.
Although we do not acknowledge receipt, we will consider your
comments if we receive them on or before the closing date. We will
consider comments received after the closing date if we can. We regard
all comments as originals.
Confidentiality
We do not recognize any submitted material as confidential. All
comments are part of the public record and subject to disclosure. Do
not enclose in your comments any material you consider confidential or
inappropriate for disclosure.
Submitting Comments
You may submit written comments in any of four ways:
[sbull] By mail: You may send written comments to TTB at the
address listed in the ADDRESSES section.
[sbull] By facsimile: You may submit comments by facsimile
transmission to 202-927-8525. Faxed comments must--
(1) Be on 8.5 by 11 inch paper;
(2) Contain a legible, written signature; and
(3) Be five or less pages long. This limitation assures electronic
access to our equipment. We will not accept faxed comments that exceed
five pages.
[sbull] By e-mail: You may e-mail comments to nprm@ttb.gov.
Comments transmitted by electronic-mail must--
(1) Contain your e-mail address;
(2) Reference this notice number on the subject line; and
(3) Be legible when printed on 8.5 by 11 inch paper.
[[Page 38251]]
[sbull] By online form: We provide a comment form with the online
copy of this notice on our Web site at http://www.ttb.gov/alcohol/rules/index.htm
.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine, in light of all circumstances, whether a public hearing
will be held.
Disclosure
You may view copies of the petition, the proposed regulation, the
appropriate maps, and any comments received by appointment at the ATF
Reference Library, 650 Massachusetts Avenue, NW., Washington, DC 20226.
You may also obtain copies at 20 cents per 8.5 x 11-inch page. Contact
the ATF Librarian at the above address or telephone 202-927-7890 to
schedule an appointment or to request copies of comments.
For your convenience, we will post this notice and the comments
received on the TTB Web site. All posted comments will show the names
of commenters but not street addresses, telephone numbers, or e-mail
addresses. We may also omit voluminous attachments or material that we
consider unsuitable for posting. In all cases, the full comment will be
available in the ATF Reference Library. To access the online copy of
this notice and any posted comments, see this notice number at http://www.ttb.gov/alcohol/rules/index.htm
.
Regulatory Analyses and Notices
Paperwork Reduction Act
We propose no requirement to collect information. Therefore, the
provisions of the Paperwork Reduction Act of 1995, 44 U.S.C. 3507, and
its implementing regulations, 5 CFR part 1320, do not apply.
Regulatory Flexibility Act
We certify that this proposed regulation, if adopted, will not have
a significant economic impact on a substantial number of small
entities. This proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name is 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, 58 FR 51735. Therefore, it requires
no regulatory assessment.
Drafting Information
The principal author of this document is Jennifer Berry,
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 propose to amend
Title 27, Code of Federal Regulations, Part 9, American Viticultural
Areas, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
2. Subpart C is amended by adding Sec. 9.---- to read as follows:
Subpart C--Approved American Viticultural Areas
Sec. 9.---- McMinnville.
(a) Name. The name of the viticultural area described in this
section is ``McMinnville''.
(b) Approved Maps. The appropriate maps for determining the
boundaries of the McMinnville viticultural area are five United States
Geological Survey (USGS) topographic maps, scale 1:24,000:
(1) McMinnville, OR, 1957, photorevised 1970;
(2) Muddy Valley, OR, 1979;
(3) Stony Mountain, OR, 1979;
(4) Sheridan, OR, 1956, photorevised 1970; and
(5) Ballston, OR, 1956, photorevised 1970.
(c) Boundary. The McMinnville viticultural area is located in
Yamhill County, Oregon, and is entirely within the Willamette Valley
viticultural area (27 CFR 9.90). Within the boundary description that
follows, the McMinnville viticultural area encompasses only that land
at and between the 200 foot and 800 foot elevation lines.
(1) From the point of beginning on the McMinnville, OR map in
section 18, T.4.S, R.4.W, at the intersection of Baker Creek Road and
Hill Road, follow Baker Creek Road west to its intersection with Power
Plant Hill Road (known locally as Power House Hill Road) on the Muddy
Valley map;
(2) Then proceed southwest on Power Plant Hill Road to its
intersection with Peavine Road;
(3) Follow Peavine Road northwest to its intersection with Gill
Creek;
(4) Follow Gill Creek in a southwesterly direction to its
intersection with the 800-foot contour line in section 18, T.4.S.,
R.5.W, on the Muddy Valley map;
(5) Starting on the west bank of Gill Creek, follow the meandering
800-foot contour line in a westerly direction, crossing Gopher Valley
Road in section 14, T.4.S., R.6.W. on the Stony Mountain map, and
continue to follow the 800-foot contour line as it meanders back and
forth four times between the Stony Mountain map and the Muddy Valley
map in section 24, T.4.S., R.6.W.;
(6) Continue to follow the meandering 800-foot contour line in a
southwesterly direction, crossing Rock Creek Road in section 27,
T.4.S., R.6.W. on the Stony Mountain map, to the 800-foot contour
line's intersection with Rock Creek Road in section 46, T.5.S, R.6.W.,
on the Stony Mountain map;
(7) Then follow Rock Creek Road south to its intersection with the
Salmon River Highway on the Sheridan map;
(8) Follow the Salmon River Highway east through the village of
Sheridan and then northeast through the Ballston map, to its
intersection with Oldsville Road on the Muddy Valley map;
(9) Follow Oldsville Road northeast to its intersection with McCabe
Chapel Road (unnamed on the map);
(10) Follow McCabe Chapel Road west then north to its intersection
with Masonville Road;
(11) Follow Masonville Road east to its intersection with Old
Sheridan Road on the McMinnville map;
(12) Follow Old Sheridan Road northeast to its intersection with
Peavine Road;
(13) Follow Peavine Road northwest for approximately 800 feet to
its intersection with Hill Road; and
(14) Follow Hill Road north to its intersection with Baker Creek
Road and the beginning point.
Signed: June 19, 2003.
John J. Manfreda,
Acting Administrator.
[FR Doc. 03-16325 Filed 6-26-03; 8:45 am]
BILLING CODE 4810-13-P