[Federal Register Volume 85, Number 107 (Wednesday, June 3, 2020)]
[Rules and Regulations]
[Pages 34095-34100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10919]
[[Page 34095]]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2019-0003; T.D. TTB-160; Ref: Notice No. 181]
RIN 1513-AC52
Establishment of the Tualatin Hills and Laurelwood District
Viticultural Areas
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes
the approximately 144,000-acre ``Tualatin Hills'' viticultural area in
portions of Multnomah and Washington Counties, Oregon, and the
approximately 33,600-acre ``Laurelwood District'' viticultural area in
portions of Washington and Yamhill Counties, Oregon. TTB is
establishing both viticultural areas in the same document because a
small portion of their boundaries is contiguous. The two viticultural
areas lie entirely within the established Willamette Valley
viticultural area. The Laurelwood District viticultural area is also
entirely within the established Chehalem Mountains viticultural area.
TTB designates viticultural areas to allow vintners to better describe
the origin of their wines and to allow consumers to better identify
wines they may purchase.
DATES: This final rule is effective July 6, 2020.
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 various
authorities through Treasury Order 120-01, dated December 10, 2013
(superseding Treasury Order 120-01, dated January 24, 2003), to the TTB
Administrator to perform the functions and duties in the administration
and enforcement of these laws.
Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to
establish definitive viticultural areas and regulate the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets
forth standards for the preparation and submission to TTB of petitions
for the establishment or modification of American viticultural areas
(AVAs) and lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and 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
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 affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA 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;
An explanation showing the proposed AVA is sufficiently
distinct from an existing AVA so as to warrant separate recognition, if
the proposed AVA is to be established within, or overlapping, an
existing AVA; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Tualatin Hills Petition
TTB received a petition from Rudolf Marchesi, president of
Montinore Estate, Alfredo Apolloni, owner and winemaker of Apolloni
Vineyards, and Mike Kuenz, general manager of David Hill Vineyard and
Winery, on behalf of themselves and other local grape growers and
vintners, proposing the establishment of the ``Tualatin Hills'' AVA in
portions of Multnomah and Washington Counties.
The proposed Tualatin Hills AVA is located in Oregon, lies entirely
within the established Willamette Valley AVA (27 CFR 9.90), and covers
approximately 144,000 acres. There are 33 commercially-producing
vineyards covering a total of approximately 860.5 acres, as well as 21
wineries, within the proposed AVA. According to the petition, the
distinguishing features of the proposed Tualatin Hills AVA are its
soils, elevation, and climate.
The soils of the proposed AVA are described as primarily Laurelwood
soils and similar associated types, such as Kinton and Cornelius soils,
with almost no exposed volcanic or marine sedimentary soil types. The
Laurelwood soils are derived from weathered basalt and loess and are
fine, silty soils with no rocks. The soils generally have low levels of
organic material and a high clay content, making them moderately
fertile without promoting overly vigorous vine growth. The soils reach
depths of up to 100 feet which, when combined with the high clay
content, reduces the need for irrigation in most vineyards within the
proposed AVA.
The petition describes Laurelwood soils as unique to the
northwestern portion of the established Willamette Valley AVA, which
includes the proposed Tualatin Hills AVA. According to the petition,
the only place outside the proposed AVA where Laurelwood soils occur is
on the northeast-facing slopes of the
[[Page 34096]]
established Chehalem Mountains AVA, within the proposed Laurelwood
District AVA. However, the petition notes that the Laurelwood soils
within the Chehalem Mountains AVA are frequently mixed with volcanic,
sedimentary, and alluvial soils. To the north of the proposed Tualatin
Hills AVA, the soils formed primarily from volcanic material from
eruptions near the Oregon-Washington-Idaho border between 6 and 17
million years ago and contain very little loess and no Laurelwood
series soils. West of the proposed AVA, the soils are primarily Coastal
sediment soils originating from volcanic soils and marine uplifted
soils that formed 50 million years ago. To the south of the proposed
AVA within the established Chehalem Mountains AVA, the soils are also
formed primarily from marine sediments, although the soils are
sometimes striated with older decomposing basalt and volcanic
materials. To the east of the proposed AVA, the soils are primarily
formed from Columbia River basalt and sedimentary materials.
The proposed Tualatin Hills AVA is located in the upland hills of
the Tualatin River watershed and encompasses elevations between 200 and
1,000 feet, which is generally considered the upper limit for growing
commercial wine grapes in this region of Oregon. Furthermore, the
petition states that elevations below 200 feet were excluded because
the lower elevations are relatively flat and more susceptible to frost.
The proposed AVA is surrounded to the north and west by the higher
elevations of the Coastal Range, which typically exceed 1,000 feet. To
the east of the proposed AVA is the broad, flat plain of the Tualatin
River Valley, where elevations are generally below 200 feet. The
petition notes that there is a small region between the northeast
corner and the southeast corner of the proposed AVA that has similar
elevations to the proposed AVA. However, this region was not included
in the proposed AVA because it is within the urban development zone of
metro Portland and is currently used for commercial and residential
buildings and public parks; there is no commercial viticulture in this
area. To the south and southeast of the proposed AVA are the Chehalem
Mountains, which includes elevations of over 1,000 feet and, according
to the petition, are considered to be a separate, distinct landform
from the uplands within the proposed Tualatin Hills AVA.
The climate of the proposed Tualatin Hills AVA is characterized by
average annual rainfall amounts of 43.67 inches, which is lower than
annual rainfall amounts in the regions to the west and north, and
higher than amounts in the regions to the east and south. The moderate
rainfall amounts discourage the growth of mold and mildew in vineyards
within the AVA. Differences between daytime high temperatures and
nighttime low temperatures, referred to as diurnal temperature
variations, are greater in the proposed AVA than in the all the
surrounding regions except the region to the south. Greater diurnal
variations slow the development of sugars and reduce acid loss in
grapes, allowing grape varietals that require a long growing season to
fully develop their flavor and aroma compounds.
Laurelwood District Petition
TTB received a petition from Luisa Ponzi, president of Ponzi
Vineyards, Maria Ponzi, winemaker of Ponzi Vineyards, and Kevin
Johnson, winemaker of Dion Vineyards, on behalf of themselves and other
local grape growers and vintners, proposing the establishment of the
``Laurelwood'' AVA. However, at the request of TTB, the petitioners
agreed to add the word ``District'' to the proposed name, in order to
avoid a potential impact on current label holders who are using
``Laurelwood'' as a brand name or fanciful name on their wine labels.
The proposed Laurelwood District AVA is located west of the city of
Portland and lies entirely within the established Willamette Valley AVA
and the established Chehalem Mountains AVA. The proposed Laurelwood
District AVA covers approximately 33,600 acres and contains 25 wineries
and approximately 70 commercially-producing vineyards that cover a
total of approximately 975 acres.
According to the petition, the distinguishing feature of the
proposed Laurelwood District AVA is the predominance of the Laurelwood
soil series. Although Laurelwood soil exists outside the proposed
Laurelwood District AVA, specifically within the proposed Tualatin
Hills AVA to the northwest, the petition states that there are
differences between the Laurelwood soil of the proposed Laurelwood
District AVA and the Laurelwood soil of the proposed Tualatin Hills
AVA. For instance, the Laurelwood soil of the proposed Laurelwood
District AVA consists of loess combined with basalt that is older than
the basalt found in the Laurelwood soil of the proposed Tualatin Hills
AVA. However, the petition states that the primary distinction between
the soils of the two proposed AVAs is the contiguity of Laurelwood soil
within the proposed Laurelwood District AVA. Within the proposed
Tualatin Hills AVA, large concentrations of Laurelwood soil are
dispersed throughout, separated by regions without Laurelwood soils. By
contrast, within the proposed Laurelwood District AVA, Laurelwood soil
covers the entirety of the proposed AVA. Additionally, within the
proposed Tualatin Hills AVA, Laurelwood soil is often mixed with
related soil series, particularly Kinton and Cornelius soils. Within
the proposed Laurelwood District AVA, Kinton and Cornelius soils exist
only in small, isolated pockets along the eastern edge.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 181 in the Federal Register on June 19,
2019 (84 FR 28442), proposing to establish the Tualatin Hills and
Laurelwood District AVAs. In the notice, TTB summarized the evidence
from the two petitions regarding the name, boundary, and distinguishing
features for the proposed AVAs. The notice also compared the
distinguishing features of the proposed AVAs to the surrounding areas.
For a detailed description of the evidence relating to the name,
boundary, and distinguishing features of the proposed AVAs, and for a
detailed comparison of the distinguishing features of the proposed AVAs
to the surrounding areas, see Notice No. 181.
In Notice No. 181, TTB solicited comments on the accuracy of the
name, boundary, and other required information submitted in support of
the petition. In addition, given the proposed Tualatin Hills and
Laurelwood District AVA's location within the Willamette Valley AVA,
TTB solicited comments on whether the evidence submitted in the
petition regarding the distinguishing features of the two proposed AVAs
sufficiently differentiates them from the Willamette Valley AVA. TTB
also requested comments on whether the geographic features of the
proposed AVAs are so distinguishable from the Willamette Valley AVA
that the proposed AVAs should no longer be part of the established AVA.
TTB solicited comments on whether distinguishing features of the
proposed Laurelwood District sufficiently differentiate it from the
established Chehalem Mountains AVA, and if the features of the proposed
AVA are so distinctive that it should no longer be part of the
established Chehalem Mountains AVA. Finally, TTB also solicited
comments on whether the distinguishing features of the proposed
Laurelwood District AVA sufficiently differentiate it from the proposed
[[Page 34097]]
neighboring Tualatin Hills AVA, and on whether the distinguishing
features of the proposed Tualatin Hills AVA sufficiently differentiate
it from the proposed Laurelwood District AVA. The comment period closed
August 19, 2019.
Comments Received on the Proposed Tualatin Hills and Laurelwood
District AVAs
In response to Notice No. 181, TTB received a total of nine
comments. Of the nine comments, only one comment (comment 3)
specifically mentioned the proposed Tualatin Hills AVA. That comment,
submitted by a local wine industry member with vineyards in both of the
proposed AVAs, supported the establishment of the proposed Tualatin
Hills AVA as a way to inform consumers of the region's characteristics,
which he believes are unique from the surrounding regions, including
the proposed Laurelwood District AVA. None of the comments opposed the
establishment of the proposed Tualatin Hills AVA or its inclusion
within the established Willamette Valley AVA.
All nine of the comments TTB received mentioned the proposed
Laurelwood District AVA. Three of the comments, comments 1, 4, and 5,
did not oppose establishing this AVA, but expressed opposition to the
proposed Laurelwood District AVA name. The opposing comments generally
state the belief that naming an AVA after a soil type would be
misleading, as it would imply that the soil is found only within that
AVA, when in fact there are vineyards outside the proposed AVA that are
planted entirely on Laurelwood soil. As a result, consumers would be
confused by wines made outside the proposed Laurelwood District AVA
that claim that the grapes were grown in Laurelwood soils. Comment 4
stated that allowing an AVA to be named after a soil type would ``set a
dangerous precedent'' and could lead to the creation of other AVAs that
treat the name of a soil type as if it were ``solely proprietary.''
Comment 4 was the only comment to suggest alternative names for the
proposed AVA, including ``North Slope,'' ``Laurel,'' ``Mountainside,''
``Fern Hill, ``Spring Hill,'' ``Midway,'' and ``Mountain Home.''
Comment 4 appeared to favor the name ``North Slope,'' noting that 91
percent of the wine wholesalers the commenter surveyed in his work as a
director of wine sales for a local winery preferred that name to
``Laurelwood District.'' Comment 4 also claimed that the website of
Ponzi Vineyards, one of the petitioners for the proposed Laurelwood
District AVA, uses the phrase ``North Slope'' to refer to the
vineyard's location.
Six of the comments support the establishment of the Laurelwood
District AVA as proposed. The supporting comments all came from self-
identified local wine industry members. The comments generally support
the proposed Laurelwood District AVA due to the prevalence of the
Laurelwood soil, and believe that the establishment of the proposed AVA
would provide consumers with more information about the origin of the
grapes in the wine, rather than cause confusion. Comment 6 also stated
the belief that there is ample evidence that the region of the proposed
AVA is known as ``Laurelwood,'' but did not provide any additional
examples.
TTB Response to Opposing Comments
TTB believes that the commenters who oppose the proposed
``Laurelwood District'' AVA name may misunderstand the rationale for
the proposed name and what limitations its establishment would place on
the use of the Laurelwood soil name on a wine label or in advertising.
Although the prominent soil series in both the proposed Tualatin Hills
and Laurelwood District AVAs is called ``Laurelwood,'' the proposed
Laurelwood District AVA does not derive its name from the soil but from
the community of Laurelwood, which, according to the petition, was
named after a school built in the area in 1904. The soil series was
first formally identified by the USDA in 1974,\1\ on Iowa Hill within
the proposed AVA. Establishment of the proposed Laurelwood District AVA
would not set a precedent of naming AVAs after a soil series because
Sec. 9.12(a)(1) of the TTB regulations requires a petitioner to
provide evidence that the region is referred to by the proposed name.
If the proposed name refers only to a soil series, the name would not
meet the regulatory requirements. TTB has determined that the petition
provided sufficient evidence to demonstrate that the name
``Laurelwood'' applies to the larger region surrounding the community
of Laurelwood, including the region of the proposed AVA, and that the
name does not apply solely to the soil series.
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\1\ https://soilseries.sc.egov.usda.gov/OSD_Docs/L/LAURELWOOD.html.
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Furthermore, TTB notes that at least 20 established AVAs share
their names with soils or soil series. For example, Comment 8,
submitted in response to the proposed rulemaking, mentions The Rocks
District of Milton-Freewater AVA (27 CFR 9.249), which shares its name
with the Freewater soil series,\2\ a soil series found within and
outside of the AVA.\3\ The Loess Hills District AVA (27 CFR 9.255)
includes the word ``loess,'' which is the predominant type of soil
found within the AVA but also exists elsewhere.\4\ The Arroyo Seco AVA
(27 CFR 9.59) shares its name with the Arroyo Seco soil series,\5\
which is found within the AVA and elsewhere in Monterey County,
California.\6\ The establishment of these AVAs does not prohibit
winemakers from mentioning the presence of the soil series in their
vineyards, nor does it prohibit any other AVAs from containing these
soils. Further, when established, no commenters expressed concern or
opposition that these AVAs share names with a soil series found within
and outside their boundaries.
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\2\ https://soilseries.sc.egov.usda.gov/OSD_Docs/F/FREEWATER.html.
\3\ ``Petition to establish The Rocks District of Milton-
Freewater American Viticultural Area, Oregon,'' Page 3, within
Docket No. TTB-2014-0003 at https://www.regulations.gov.
\4\ 80 FR 34857, 34858-34859, ``Notice of Proposed Rulemaking--
Proposed Establishment of the Loess Hills District Viticultural
Area.''
\5\ https://soilseries.sc.egov.usda.gov/OSD_Docs/A/ARROYO_SECO.html.
\6\ See Figure 5.8-1 of the Environmental Impact Report of the
Rancho San Juan Specific Plan and HYH Property Project, https://www.co.monterey.ca.us/home/showdocument?id=36998.
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Additionally, although the distinguishing feature of the proposed
Laurelwood District AVA is the Laurelwood soil series, it is not merely
the presence of this soil that defines the proposed AVA. The Laurelwood
soil series does have a very narrow range, but it is found in some of
the regions surrounding the proposed Laurelwood District AVA, including
the proposed Tualatin Hills AVA. What primarily distinguishes the
proposed Laurelwood District AVA from other regions that contain
Laurelwood soil is the near-uniformity of the soil within the proposed
boundaries. Soil maps included as Exhibit A-1 of the Tualatin Hills AVA
petition and Figure 1 of the Laurelwood District AVA show that the
soils of the proposed Laurelwood AVA consist almost entirely of
Laurelwood series, whereas the proposed Tualatin Hills AVA has large
patches of Laurelwood soils separated by expanses of soils from other
series, including Kinton and Cornelius soils.\7\ Because Exhibit A-1
was too large to include in the online public docket, TTB has placed a
similar image of the entire extent of the Laurelwood soil series
[[Page 34098]]
obtained from the University of California-Davis Soil Series Extent
Explorer \8\ in the docket. Establishment of the AVA would not mean
that TTB does not recognize the presence of Laurelwood soil in other
regions or AVAs, only that TTB recognizes the ubiquity of the soil
within the proposed AVA as the feature that distinguishes it from the
surrounding regions.
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\7\ See Exhibits A-1 and Figure 1 in the docket number TTB-2019-
0003 at www.regulations.gov.
\8\ https://casoilresource.lawr.ucdavis.edu/see/#laurelwood.
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TTB is proposing to make only the full name of the proposed
Laurelwood District AVA a term of viticultural significance.
Additionally, current label holders who use the word ``Laurelwood'' in
a brand name would not be affected by the establishment of the
Laurelwood District AVA.
Finally, although comment 4 provided some alternative names for the
proposed Laurelwood District AVA, the comment only noted that the names
were names of features or communities within the proposed AVA. The
comment did not include evidence that the entire region of the proposed
AVA is known by any of these alternative names, as required by Sec.
9.12(a)(1). The link to the Ponzi Vineyards website included in the
comment \9\ does note that the family's vineyards are ``situated on the
North slope (sic)'' of the Chehalem Mountains AVA, but it is unclear if
this statement uses the phrase ``North slope'' more to describe the
geographic orientation of the vineyards, rather than as the name of the
entire region. Therefore, TTB cannot determine that ``North Slope'' or
any of the other suggested names would be more appropriate for the
proposed AVA than ``Laurelwood District.''
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\9\ https://www.ponzivineyards.com/About-Us/Vineyards.
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TTB Determination
After careful review of the petition and the comments received in
response to Notice No. 181, TTB finds that the evidence provided by the
petitioners supports the establishment of the Tualatin Hills and
Laurelwood District AVAs. Accordingly, under the authority of the FAA
Act, section 1111(d) of the Homeland Security Act of 2002, and part 4
of the TTB regulations, TTB establishes the ``Tualatin Hills'' AVA in
portions of Multnomah and Washington Counties, Oregon, and the
``Laurelwood District'' AVA in portions of Washington and Yamhill
Counties, Oregon, effective 30 days from the publication date of this
document.
TTB has also determined that the Tualatin Hills AVA will remain
part of the established Willamette Valley AVA. As discussed in Notice
No. 181, the Tualatin Hills AVA shares some broad characteristics with
the Willamette Valley AVA. For example, elevations within both AVAs are
generally below 1,000 feet, and the soils are primarily silty loams and
clay loams. However, the Tualatin Hills AVA is comprised mainly of
rolling hills and lacks the major valley floors that are a primary
feature of the Willamette Valley AVA. Additionally, annual rainfall
amounts are slightly higher for the Tualatin Hills AVA than for the
Willamette Valley AVA in general.
TTB has also determined that the Laurelwood District AVA will
remain part of both the established Willamette Valley AVA and the
established Chehalem Mountains AVA. As discussed in Notice No. 181, the
Laurelwood District AVA shares some broad characteristics with both
established AVAs. For example, both the Willamette Valley AVA and the
Laurelwood District AVA are in the rain shadow of the Cascade Mountains
and, therefore, share similar annual rainfall amounts and growing
degree day accumulations. Like the Chehalem Mountains AVA, the
Laurelwood District AVA consists of hilly-to-mountainous terrain with
vineyards planted at elevations between 200 and 1,000 feet. However,
the Laurelwood District AVA differs from both the Willamette Valley and
Chehalem Mountains AVAs because its primary soil is the Laurelwood
series, whereas the other two AVAs have a much wider diversity of
soils.
Boundary Description
See the narrative description of the boundary of the Tualatin Hills
AVA and the Laurelwood District AVA in the regulatory text published at
the end of this final rule.
Maps
The petitioners provided the required maps, and they are listed
below in the regulatory text. The boundaries of the Tualatin Hills and
Laurelwood District AVAs may also be viewed 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 or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in 27 CFR
4.25(e)(3). If the wine is not eligible for labeling with an AVA name
and that name appears in the brand name, then the label is not in
compliance and the bottler must change the brand name and obtain
approval of a new label. Similarly, if the AVA name appears in another
reference on the label in a misleading manner, the bottler would have
to obtain approval of a new label. Different rules apply if a wine has
a brand name containing an AVA name that was used as a brand name on a
label approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
With the establishment of these two AVAs, their names, ``Tualatin
Hills'' and ``Laurelwood District,'' will be recognized as names of
viticultural significance under Sec. 4.39(i)(3) of the TTB regulations
(27 CFR 4.39(i)(3)). The text of the regulations clarifies this point.
Consequently, wine bottlers using the name ``Tualatin Hills'' or
``Laurelwood District'' in a brand name, including a trademark, or in
another label reference as to the origin of the wine, will have to
ensure that the product is eligible to use the AVA name as an
appellation of origin. TTB is not designating the phrase ``Laurelwood''
as a term of viticultural significance, in order to avoid a potential
negative effect on current labels that use ``Laurelwood'' as part of a
brand name or as a truthful description of vineyard soils on wine
labels. Therefore, the phrase ``Laurelwood'' (without the word
``district'') may be used as a brand name, part of a brand name, or a
truthful description of vineyard soils on wine labels without having to
meet the appellation of origin eligibility requirements for the
Laurelwood District AVA.
The establishment of the Tualatin Hills and Laurelwood District
AVAs will not affect any existing AVA, and any bottlers using
``Willamette Valley'' or ``Chehalem Mountains'' as an appellation of
origin or in a brand name for wines made from grapes grown within the
Willamette Valley AVA will not be affected by the establishment of
these new AVAs. The establishment of the Tualatin Hills AVA will allow
vintners to use ``Tualatin Hills'' and ``Willamette Valley'' as
appellations of origin for wines made primarily from grapes grown
within the Tualatin Hills AVA if the wines meet the eligibility
requirements for the appellation. The establishment of the Laurelwood
District AVA will allow vintners to use ``Laurelwood District,''
``Willamette Valley,'' and ``Chehalem Mountains'' as appellations of
origin for wines made
[[Page 34099]]
primarily from grapes grown within the Laurelwood District AVA if the
wines meet the eligibility requirements for the appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of an AVA
name would be the result of a proprietor's efforts and consumer
acceptance of wines from that area. Therefore, no regulatory
flexibility analysis is required.
Executive Order 12866
It has been determined that this final rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.268 to read as follows:
Sec. 9.268 Tualatin Hills.
(a) Name. The name of the viticultural area described in this
section is ``Tualatin Hills''. For purposes of part 4 of this chapter,
``Tualatin Hills'' is a term of viticultural significance.
(b) Approved maps. The 6 United States Geological Survey (USGS)
1:24,000 scale topographic maps and the single 1:250,000 scale
topographic map used to determine the boundary of the Tualatin Hills
viticultural area are titled:
(1) Vancouver, 1974 (1:250,000);
(2) Dixie Mountain, OR, 2014;
(3) Gaston, OR, 2014;
(4) Laurelwood, OR, 2014;
(5) Forest Grove, OR, 2014;
(6) Hillsboro, OR, 2014; and
(7) Linnton, OR, 2014.
(c) Boundary. The Tualatin Hills viticultural area is located in
Clackamas, Multnomah and Washington Counties, in Oregon. The boundary
of the Tualatin Hills viticultural area is as described below:
(1) The beginning point is on the Dixie Mountain map at the
intersection of North West Skyline Boulevard and North West Moreland
Road. From the beginning point, proceed southwesterly along North West
Moreland Road for approximately 1.3 miles to road's intersection with
the Multnomah-Washington County line; then
(2) Proceed south along the Multnomah-Washington County for
approximately 1.2 miles to the county line's intersection with the
1,000-foot elevation contour; then
(3) Proceed northwesterly along the 1,000-foot elevation contour,
crossing onto the Vancouver map and continuing generally southwesterly
along the meandering 1,000-foot elevation contour to its intersection
with the Washington-Yamhill County line; then
(4) Proceed east along the Washington-Yamhill County line, crossing
onto the Gaston map, to the intersection of the county line with NW
South Road; then
(5) Proceed northeast along NW South Road to its intersection with
SW South Road; then
(6) Proceed northeasterly along SW South Road to its intersection
with the 200-foot elevation contour; then
(7) Proceed easterly along the 200-foot elevation contour for
approximately 1.9 miles to its intersection with East Main Street/SW
Gaston Road in the village of Gaston; then
(8) Proceed south, then east along SW Gaston Road for approximately
0.9 mile, crossing onto the Laurelwood map, to the road's intersection
with the 240-foot contour line just south of an unnamed road known
locally as SW Dixon Mill Road; then
(9) Proceed north along the meandering 240-foot elevation contour
for approximately 5 miles to its intersection with SW Sandstrom Road;
then
(10) Proceed west along SW Sandstrom Road for approximately 0.15
mile to its third crossing of the 200-foot elevation contour; then
(11) Proceed northwesterly and then northeasterly along the
meandering 200-foot contour line for approximately 2.9 miles to its
intersection with an unnamed road known locally as SW Fern Hill Road,
north of an unnamed road known locally as SW Blooming Fern Hill Road;
then
(12) Proceed north along SW Fern Hill Road for approximately 1.2
miles, crossing onto the Forest Grove map, to the road's intersection
with Oregon Highway 47; then
(13) Proceed northerly along Oregon Highway 47 for approximately
7.6 miles to its intersection with Oregon Highway 6/NW Wilson River
Highway; then
(14) Proceed east along Oregon Highway 6/NW Wilson River Highway
for approximately 2.5 miles to its intersection with Sunset Highway;
then
(15) Proceed southeast along Sunset Highway for approximately 2.3
miles to its intersection with the railroad tracks; then
(16) Proceed east along the railroad tracks, crossing onto the
Hillsboro map, to the intersection of the railroad tracks and an
unnamed road known locally as NW Dick Road; then
(17) Proceed south along NW Dick Road for approximately 0.3 mile to
its intersection with NW Phillips Road; then
(18) Proceed east along NW Phillips Road for approximately 1.2
miles, crossing onto the Linnton map, to the road's intersection with
an unnamed road known locally as NW Old Cornelius Pass Road; then
(19) Proceed northeast along NW Old Cornelius Pass Road to its
intersection with NW Skyline Boulevard Road; then
(20) Proceed north and west along NW Skyline Boulevard for
approximately 10.5 miles, crossing over the northeast corner of the
Hillsboro map and onto the Dixie Mountain map and then returning to the
beginning point.
0
3. Subpart C is amended by adding Sec. 9.269 to read as follows:
Sec. 9.269 Laurelwood District.
(a) Name. The name of the viticultural area described in this
section is ``Laurelwood District''. For purposes of part 4 of this
chapter, ``Laurelwood District'' is a term of viticultural
significance.
(b) Approved maps. The six United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Laurelwood District viticultural area are titled:
(1) Laurelwood, OR, 2014;
(2) Scholls, Oreg., 1961; photorevised 1985;
(3) Newberg, OR, 2014;
(4) Beaverton, Oreg., 1961; photorevised 1984;
(5) Sherwood, Oreg., 1961; photorevised 1985; and
(6) Dundee, Oreg., 1956; revised 1993.
(c) Boundary. The Laurelwood District viticultural area is located
in
[[Page 34100]]
Washington and Yamhill Counties, in Oregon. The boundary of the
Laurelwood District viticultural area is as described below:
(1) The beginning point is on the Laurelwood map at the
intersection of Winters Road and Blooming Fern Hill Road in section 17,
T1S/R3W. From the beginning point, proceed west then northwest along
Blooming Fern Hill Road for approximately 0.4 mile to its intersection
with the 200-foot elevation contour; then
(2) Proceed north then northeasterly along the 200-foot elevation
contour for 1.5 miles to its intersection with SW La Follette Road;
then
(3) Proceed south along SW La Follette Road for 0.25 mile to its
intersection with the 240-foot elevation contour, north of Blooming
Fern Hill Road; then
(4) Proceed easterly then southerly along the 240-foot elevation
contour, crossing onto the Scholls map and back onto the Laurelwood
map, for a total of 17 miles to the intersection of the elevation
contour with SW Laurel Road; then
(5) Proceed east along SW Laurel Road for 0.15 mile to its
intersection with the 200-foot elevation contour; then
(6) Proceed easterly along the 200-foot elevation contour, crossing
over the Scholls map and onto the Newberg map, then crossing Heaton
Creek and back onto the Scholls map for a total of 17.5 miles to the
intersection of the elevation contour with Mountain Home Road east of
Heaton Creek; then
(7) Proceed easterly then southerly along the 200-foot elevation
contour, crossing over the Beaverton and Sherwood maps and back onto
the Scholls map for a total of 8.9 miles to the intersection of the
elevation contour with the middle tributary of an unnamed stream along
the western boundary of section 24, T2S/R2W; then
(8) Proceed southeast along the 200-foot elevation contour,
crossing over the northeast corner of the Newberg map and onto the
Sherwood map, to the intersection of the elevation contour with Edy
Road in section 25, T2S/R2W; then
(9) Proceed southwest along the 200-foot elevation contour,
crossing onto the Newberg map and back onto the Sherwood map, to the
intersection of the elevation contour with Elwert Road along the
eastern boundary of section 25, T2S/R2W; then
(10) Proceed south along Elwert Road for 0.85 mile to its
intersection with an unnamed highway known locally as Oregon Highway
99W, along the eastern boundary of section 36, T2S/R2W; then
(11) Proceed southwesterly along Oregon Highway 99W for 0.45 mile
to its intersection with the 250-foot elevation contour immediately
south of an unnamed tributary of Cedar Creek in section 36, T2S/R2W;
then
(12) Proceed southerly along the 250-foot elevation contour for 1
mile to its intersection with Middleton Road in section 1, T2S/R2W;
then
(13) Proceed southwesterly along Middleton Road, which becomes Rein
Road, for 0.5 mile to the intersection of the road with the 200-foot
elevation contour immediately south of Cedar Creek; then
(14) Proceed easterly along the 200-foot elevation contour for 1.6
miles to its intersection with an unnamed light-duty east-west road
known locally as Brookman Road in the village of Middleton, section 6,
T3S/R1W; then
(15) Proceed east on Brookman Road for 0.4 mile to its intersection
with the shared Washington-Clackamas County line at the western corner
of section 5, T3S/R1W; then
(16) Proceed south along the Washington-Clackamas County line for 1
mile to its intersection with Parrett Mountain Road along the eastern
boundary of section 7, T3S/R1W; then
(17) Proceed southwesterly along Parrett Mountain Road, crossing
onto the Newberg map, for a total of 2.6 miles, to the intersection
with an unnamed local road known locally as NE Old Parrett Mountain
Road; then
(18) Proceed west along NE Old Parrett Mountain Road for 1.7 mile
to its intersection with NE Schaad Road; then
(19) Proceed west along NE Schaad Road for 0.5 mile to its
intersection with an unnamed local road known locally as NE Corral
Creek Road; then
(20) Proceed north along NE Corral Creek Road for 0.9 mile to its
westernmost intersection with an unnamed local road known locally as NE
Veritas Lane, south of Oregon Highway 99W; then
(21) Proceed north westerly in a straight line for approximately
0.05 mile to the intersection of Oregon Highway 99W and the 250-foot
elevation contour; then
(22) Proceed northwesterly along the 250-foot elevation contour for
1 mile to its intersection with the second, westernmost intermittent
stream that is an unnamed tributary of Spring Brook; then
(23) Proceed northerly along the unnamed stream, crossing the
single-gauge railroad track, for 0.5 mile to the intersection of the
stream with the 430-foot elevation contour; then
(24) Proceed west along the 430-foot elevation contour for 0.25
mile, crossing an unnamed road known locally as Owls Lane, to the
intersection of the elevation contour with NE Kincaid Road; then
(25) Proceed northwesterly along NE Kincaid Road for 0.25 mile to
its intersection with NE Springbrook Road; then
(26) Proceed northwesterly along NE Springbrook Road for 0.22 mile
to its intersection with an unnamed road known locally as Bell Road;
then
(27) Proceed east along Bell Road for 0.5 mile, making a sharp
northwesterly turn, then continuing along the road for 0.2 mile to its
intersection with Mountain Top Road; then
(28) Proceed northwesterly along Mountain Top Road for 1.9 miles to
its intersection with SW Hillsboro Highway, also known as Highway 219;
then
(29) Proceed north along SW Hillsboro Highway for 0.1 mile to its
intersection with Mountain Top Road at the Washington-Yamhill County
line; then
(30) Proceed northwest along Mountain Top Road for 3.1 miles,
crossing onto the Dundee map, to the intersection of the road with Bald
Peak Road in section 26, T2S/R3W; then
(31) Proceed northwest, then northeast, then north along Bald Peak
Road, crossing onto the Laurelwood map, for a total of 4.8 miles, to
the intersection of the road with SW Laurelwood Road; then
(32) Proceed southwest, then northwest, along SW Laurelwood Road
for 0.8 mile to its intersection with the 700-foot elevation contour;
then
(33) Proceed northeast, then northwest, then north along the 700-
foot elevation contour for 5 miles, passing west of Iowa Hill and
Spring Hill, to the intersection of the elevation contour and SW
Winters Road; then
(34) Proceed north on SW Winters Road for 2 miles, returning to the
beginning point.
Signed: January 28, 2020.
Mary G. Ryan,
Acting Administrator.
Approved: May 13, 2020.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2020-10919 Filed 6-2-20; 8:45 am]
BILLING CODE 4810-31-P