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Federal Register / Vol. 86, No. 215 / Wednesday, November 10, 2021 / Rules and Regulations
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of the proposed AVA. As a result, growing season temperatures within the proposed AVA are generally warmer than in regions that are more exposed to the cool marine air. From 2012 to 2016, the average harvest date for Pinot Noir grapes within the proposed AVA ranged from September 17 to September 26. By contrast, the regions to the north and south of the proposed AVA, which are more exposed to cool marine air, generally have later harvest dates. From 2012 to 2016, the average harvest date for Pinot Noir grapes grown in the region north of the proposed AVA
ranged from September 24 to October 2, while harvest dates to the south ranged from September 27 to September 28.
Notice of Proposed Rulemaking and Comments Received TTB published Notice No. 197 in the Federal Register on October 23, 2020
85 FR 67475, proposing to establish the Lower Long Tom 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. 197.
In Notice No. 197, 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 AVAs location within the Willamette 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 comments on whether the geographic features of the proposed AVA are so distinguishable from the established Willamette Valley AVA that the proposed AVA should no longer be part of the established AVA. The comment period closed December 22, 2020.
In response to Notice No. 197, TTB
received one comment. The comment did not specifically support or oppose the proposed AVA. The comment stated that, although many agricultural lands provide necessary food crops for the community, wine grapes are not a necessity. The comment then expressed concern as to who will bear the cost of preparing this land, and how this project will be funded. Finally, the comment wondered if there were any
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other uses for the land that would better serve the community than growing wine grapes, and how the establishment of the AVA may impact businesses and projects outside of alcohol producers.
In response, TTB notes that establishment of an AVA for use on a wine label is simply intended to provide consumers with more information about the wine they purchase, including where the grapes used to make the wine were grown. The establishment of an AVA recognizes the existing natural features of a particular region such as the climate, soil, topography, or geology and how they differ from the natural features of the surrounding areas, and that wine grapes grown in that region face a different set of growing conditions than grapes grown elsewhere.
Further, TTBs establishment of an AVA only addresses the use of AVA
names on labels, and does not convey any rules regarding land use within an AVA. Establishing an AVA does not require that the land in the AVA be used for any additional grape growing, require the land to be used only for grape growing, or require the land be prepared, modified, or used in any way.
Also, TTBs establishment of an AVA
does not require or provide funding for any projects within an AVA.
TTB Determination After careful review of the petition and the comment received in response to Notice No. 197, TTB finds that the evidence provided by the petitioner supports the establishment of the Lower Long Tom AVA. Accordingly, TTB
establishes the Lower Long Tom AVA
in portions of Lane and Benton Counties, Oregon, effective 30 days from the publication date of this document.
TTB has also determined that the Lower Long Tom AVA will remain part of the established Willamette Valley AVA. As discussed in Notice No. 197, the Lower Long Tom AVA shares some broad characteristics with the established AVA. For example, the Lower Long Tom AVA and the Willamette Valley AVA are generally under 1,000 feet. Additionally, both areas contain mostly silty and clay loam soils. However, the Lower Long Tom AVA does have some features that differentiate it from the Willamette Valley AVA. For instance, a chain of hills comprises most of the Lower Long Tom AVA, whereas a broad, treeless plain covers most of the Willamette Valley AVA. Additionally, because much of the cool marine air is diverted away from the AVA, growing season temperatures are generally warmer and
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harvest dates are generally earlier within the Lower Long Tom AVA than within other less-sheltered regions of the Willamette Valley.
Boundary Description See the narrative description of the boundary of the Lower Long Tom 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 Lower Long Tom 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 Lower Long Tom AVA, its name, Lower Long Tom, 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 Lower Long Tom 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 Lower Long Tom AVA will not affect the existing Willamette Valley AVA, and any bottlers using Willamette Valley as an appellation of origin or in a brand name for wines made from grapes grown within the Willamette Valley will not be affected by the establishment of this
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