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Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations
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present within the proposed AVA, including the RenslowRallsWhipple complex, Van Nostern silt loam, Van NosternBakeoven complex, Colockum Cheviot complex, SwalecreekRockley complex, and Goldendale silt loam.
Average annual GDD accumulations to the east-northeast and northwest of the proposed AVA are lower, and average annual rainfall amounts are higher than within the proposed AVA. In the region to the south of the proposed AVA, the soils contain series and complexes also not present within the proposed AVA, including Ritzville silt loam, Willis silt loam, and RoloffRock outcrop complex. Average annual GDD
accumulations are higher in the region south of the proposed AVA, as are average annual precipitation amounts.
Additionally, in the region to the west of the proposed AVA, the soils contain complexes not present within the proposed AVA, including the Cheviot Tronsen complex, Goodnoe SwalecreekHorseflat complex, and Asotin silt loam. The region to the west of the proposed AVA has lower annual GDD accumulations and higher average annual rainfall amounts. When compared to the proposed The Burn of Columbia Valley AVA, each of the surrounding regions has higher average slope angles except the region to the south, which has lower average slope angles.
Notice of Proposed Rulemaking and Comments Received TTB published Notice No. 190 in the Federal Register on May 27, 2020 85
FR 31718, proposing to establish The Burn of Columbia Valley AVA. In the notice, TTB summarized the evidence from the petition regarding the name, boundary, and distinguishing features for the proposed AVA. The notice also compared the distinguishing features of the proposed AVA to the surrounding areas. For a detailed description of the evidence relating to the name, boundary, and distinguishing features of the proposed AVA, and for a detailed comparison of the distinguishing features of the proposed AVA to the surrounding areas, see Notice No. 190.
In Notice No. 190, 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 The Burn of Columbia Valley AVAs location within the Columbia Valley AVA, TTB solicited comments on whether the evidence submitted in the petition regarding the distinguishing features of the proposed AVA
sufficiently differentiates it from the established AVA. TTB also requested
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comments on whether the geographic features of the proposed AVA are so distinguishable from the established Columbia Valley AVA that the proposed AVA should no longer be part of the established AVA. The comment period closed July 27, 2020.
In response to Notice No. 190, TTB
received 13 comments. The commenters included local wine industry members, local wine consumers, the Goldendale Chamber of Commerce, the Klickitat County Natural Resources & Economic Development Department, and the ColumbiaSnake Rivers Irrigators Association. Eleven of the comments support creating the proposed The Burn of Columbia Valley AVA so as to distinguish this region from other areas within the established Columbia Valley AVA. One of the comments comment 12 did not specifically express support for or opposition to the proposed AVA, but did state that the geography and climate of the proposed The Burn of Columbia Valley AVA are significantly different than the existing Columbia Valley AVA. Only one comment comment 13, submitted by an anonymous commenter, opposed establishing the proposed AVA. The commenter stated their belief that the proposed The Burn of Columbia Valley AVA was not sufficiently distinguishable from the nearby established Horse Heaven Hills AVA 27
CFR 9.188 and should be included in that AVA instead of recognized as a new AVA. However, the comment did not include any evidence to support this claim.
TTB Determination After careful review of the petition and the comments received in response to Notice No. 190, TTB finds that the evidence provided by the petitioner supports the establishment of The Burn of Columbia Valley AVA. Accordingly, under the authority of the FAA Act, section 1111d of the Homeland Security Act of 2002, and parts 4 and 9
of the TTB regulations, TTB establishes the The Burn of Columbia Valley AVA in Klickitat County, Washington, effective 30 days from the publication date of this document.
TTB has also determined that The Burn of Columbia Valley AVA will remain part of the established Columbia Valley AVA. As discussed in Notice No.
190, The Burn of Columbia Valley AVA
shares some broad characteristics with the established AVA. For example, the proposed AVA and the Columbia Valley AVA both have similar average annual rainfall amounts. However, the proposed AVA can accumulate maximum GDDs of over 3,000 annually,
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indicating a climate that is slightly warmer than the rest of the much larger Columbia Valley AVA. Additionally, because the proposed The Burn of Columbia Valley AVA is much smaller than the Columbia Valley AVA, the proposed AVA has a greater uniformity of characteristics within its boundaries.
Boundary Description See the narrative description of the boundary of The Burn of Columbia Valley 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 Burn of Columbia Valley AVA boundary 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 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 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 Burn of Columbia Valley AVA, its name, The Burn of Columbia Valley, 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 The Burn of Columbia Valley 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 Burn, standing alone, as a term of viticultural significance because the term The
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