Federal Register - June 17, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations
regulations, TTB establishes the White Bluffs AVA in Franklin County, Washington, effective 30 days from the publication date of this document.
TTB has also determined that the White Bluffs AVA will remain part of the established Columbia Valley AVA.
As discussed in Notice No. 189, the White Bluffs AVA shares some broad characteristics with the established AVA. For example, the proposed AVA
and the Columbia Valley AVA both have elevations that are generally below 2,000 feet and geologies that contain Columbia River basalt. However, the proposed AVA consists of an elevated plateau, whereas most of the Columbia Valley AVA is described as a broad plain. Within the proposed AVA, the Ringold Formation forms a layer over the basalt bedrock that is generally thinner or not present elsewhere in the Columbia Valley. Finally, because iceage floods less frequently inundated the proposed AVA than the surrounding regions of the Columbia Valley AVA, the proposed White Bluffs AVAs soils are generally shallower than the soils in most of the Columbia Valley AVA.
Boundary Description See the narrative description of the boundary of the White Bluffs AVA in the regulatory text published at the end of this final rule.
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Maps The petitioners provided the required maps, and they are listed below in the regulatory text. You may also view the proposed White Bluffs Valley 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 wines 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
4.25e3. 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
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that was used as a brand name on a label approved before July 7, 1986. See 27 CFR 4.39i2 for details.
With the establishment of the White Bluffs AVA, its name, White Bluffs, will be recognized as a name of viticultural significance under 4.39i3 of the TTB regulations 27
CFR 4.39i3. The text of the regulations clarifies this point.
Consequently, wine bottlers using the name White Bluffs 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.
The establishment of the White Bluffs AVA will not affect the existing Columbia Valley AVA, and any bottlers using Columbia Valley as an appellation of origin or in a brand name for wines made from grapes grown within the Columbia Valley will not be affected by the establishment of this new AVA. The establishment of the White Bluffs AVA will allow vintners to use White Bluffs and Columbia Valley as appellations of origin for wines made primarily from grapes grown within the White Bluffs AVA if the wines meet the eligibility requirements for these appellations.
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 proprietors 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:
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PART 9AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart CApproved American Viticultural Areas 2. Subpart C is amended by adding 9.275 to read as follows:
9.275
White Bluffs.
a Name. The name of the viticultural area described in this section is White Bluffs. For purposes of part 4 of this chapter, White Bluffs is a term of viticultural significance.
b Approved maps. The 10 United States Geological Survey USGS
1:24,000 scale topographic maps used to determine the boundary of the White Bluffs viticultural area are titled:
1 Hanford, NE, Washington, 1986;
2 Mesa West, Washington, 1986;
3 Wooded Island, Washington, 1992;
4 Matthews Corner, Washington, 1992;
5 Basin City, Washington, 1986;
6 Eltopia, Washington, 1992;
7 Eagle Lakes, Washington, 1986;
8 Savage Island, Washington, 1986;
9 Richland, Washington, 1992; and 10 Columbia Point, Washington, 1992.
c Boundary. The White Bluffs viticultural area is located in Franklin County in Washington. The boundary of the White Bluffs viticultural area is as described below:
1 The beginning point is on the Richland map at the intersection of Columbia River Road and an unnamed secondary highway known locally as Sagemoor Road. From the beginning point, proceed north along Columbia River Road, crossing onto the Wooded Island map, to the Potholes Canal; then 2 Proceed west along the Potholes Canal for 150 feet to its intersection with the shoreline of the Columbia River; then 3 Proceed north along the Columbia River shoreline, crossing onto the Savage Island map, to the intersection of the shoreline with the Wahluke Slope Habitat Management boundary on Ringold Flat; then 4 Proceed east, then generally northwesterly, along the Wahluke Slope Habitat Management boundary to its intersection with the 950-foot elevation contour along the western boundary of section 16, T13N/R29E; then 5 Proceed easterly, then generally northeasterly, along the 950-foot elevation contour, passing over the Hanford NE map and onto the Eagle
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