Federal Register / Vol. 84, No. 199 / Tuesday, October 15, 2019 / Proposed Rules 55075

availability of this material at the FAA, call FOR FURTHER INFORMATION CONTACT: ACTION: Notice of proposed rulemaking. 781–238–7759. Concerning the regulations, Pamela SUMMARY: The Alcohol and Tobacco Tax Issued in Burlington, Massachusetts, on Kinard at (202) 317–6000 or Jamie October 7, 2019. Dvoretzky at (202) 317–4102; and Trade Bureau (TTB) proposes to establish the 156,389-acre ‘‘Royal Robert J. Ganley, concerning submissions of comments, the hearing and/or to be placed on the Slope’’ viticultural area in Adams and Manager, Engine & Propeller Standards Grant Counties, in . The Branch, Aircraft Certification Service. building access list to attend the hearing, Regina Johnson at (202) 317– proposed viticultural area lies entirely [FR Doc. 2019–22393 Filed 10–11–19; 8:45 am] within the existing Columbia Valley BILLING CODE 4910–13–P 6901 (not toll-free numbers), [email protected]. viticultural area. TTB designates viticultural areas to allow vintners to SUPPLEMENTARY INFORMATION: The better describe the origin of their wines DEPARTMENT OF THE TREASURY subject of the public hearing is the and to allow consumers to better notice of proposed rulemaking (REG– identify wines they may purchase. TTB Internal Revenue Service 121508–18) that was published in the invites comments on this proposed Federal Register on Wednesday, July 3, addition to its regulations. 2019 (84 FR 31777). 26 CFR Part 1 DATES: The rules of 26 CFR 601.601(a)(3) Comments must be received December 16, 2019. [REG–121508–18] apply to the hearing. Persons who wish ADDRESSES: You may electronically RIN 1545–BO97 to present oral comments at the hearing that submitted written comments by submit comments to TTB on this Multiple Employer Plans; Hearing October 1, 2019, must submit an outline proposal, and view copies of this of the topics to be addressed and the document, its supporting materials, and AGENCY: Internal Revenue Service (IRS), amount of time to be devoted to each any comments TTB receives on it within Treasury. topic by Monday, November 25, 2019. Docket No. TTB–2019–0008 as posted ACTION: Proposed rule; notice of hearing. A period of 10 minutes is allotted to on Regulations.gov (https:// each person for presenting oral www.regulations.gov), the Federal e- SUMMARY: This document provides a comments. After the deadline for rulemaking portal. Please see the notice of public hearing on proposed receiving outlines has passed, the IRS ‘‘Public Participation’’ section of this regulations relating to the tax will prepare an agenda containing the document below for full details on how qualification of plans maintained by schedule of speakers. Copies of the to comment on this proposal via more than one employer. These plans, agenda will be made available, free of Regulations.gov, U.S. mail, or hand maintained pursuant to section 413(c) of charge, at the hearing or by contacting delivery, and for full details on how to the Internal Revenue Code (Code), are the Publications and Regulations Branch view or obtain copies of this document, often referred to as multiple employer at (202) 317–6901(not a toll-free its supporting materials, and any plans or MEPs. number). comments related to this proposal. DATES: The public hearing is being held Because of access restrictions, the IRS FOR FURTHER INFORMATION CONTACT: on Wednesday, December 11, 2019, at will not admit visitors beyond the Karen A. Thornton, Regulations and 10:00 a.m. The IRS must receive immediate entrance area more than 30 Rulings Division, Alcohol and Tobacco speakers’ outlines of the topics to be minutes before the hearing starts. For Tax and Trade Bureau, 1310 G Street discussed at the public hearing by information about having your name NW, Box 12, Washington, DC 20005; Monday, November 25, 2019. If no placed on the building access list to phone 202–453–1039, ext. 175. outlines are received by November 25, attend the hearing, see the FOR FURTHER SUPPLEMENTARY INFORMATION: 2019, the public hearing will be INFORMATION CONTACT section of this Background on Viticultural Areas cancelled. document. TTB Authority ADDRESSES: The public hearing is being Martin V. Franks, held in the IRS Auditorium, Internal Branch Chief, Publications and Regulations Section 105(e) of the Federal Alcohol Revenue Service Building, 1111 Branch, Legal Processing Division, Associate Administration Act (FAA Act), 27 Constitution Avenue NW, Washington, Chief Counsel, (Procedure and U.S.C. 205(e), authorizes the Secretary DC 20224. Due to building security Administration). of the Treasury to prescribe regulations procedures, visitors must enter at the [FR Doc. 2019–22369 Filed 10–11–19; 8:45 am] for the labeling of wine, distilled spirits, Constitution Avenue entrance. In BILLING CODE 4830–01–P and malt beverages. The FAA Act addition, all visitors must present a provides that these regulations should, valid photo identification to enter the among other things, prohibit consumer building. DEPARTMENT OF THE TREASURY deception and the use of misleading Send Submissions to CC:PA:LPD:PR statements on labels and ensure that (REG–121508–18), Room 5205, Internal Alcohol and Tobacco Tax and Trade labels provide the consumer with Revenue Service, P.O. Box 7604, Ben Bureau adequate information as to the identity Franklin Station, Washington, DC and quality of the product. The Alcohol 20044. Submissions may be hand- 27 CFR Part 9 and Tobacco Tax and Trade Bureau delivered Monday through Friday to [Docket No. TTB–2019–0008; Notice No. (TTB) administers the FAA Act CC:PA:LPD:PR (REG–121508–18), 186] pursuant to section 1111(d) of the Couriers Desk, Internal Revenue Homeland Security Act of 2002, Service, 1111 Constitution Avenue NW, RIN 1513–AC53 codified at 6 U.S.C. 531(d). The Washington, DC 20224 or sent Proposed Establishment of the Royal Secretary has delegated various electronically via the Federal Slope Viticultural Area authorities through Treasury Order 120– eRulemaking Portal at 01, dated December 10, 2013, www.regulations.gov (IRS REG–121508– AGENCY: Alcohol and Tobacco Tax and (superseding Treasury Order 120–01, 18). Trade Bureau, Treasury. dated January 24, 2003), to the TTB

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Administrator to perform the functions AVA, with the boundary of the labeled as ‘‘Royal Slope’’ on U.S.G.S. and duties in the administration and proposed AVA clearly drawn thereon; maps dating back to 1951. A search of enforcement of these provisions. • An explanation of the proposed the U.S. Board on Geographic Names Part 4 of the TTB regulations (27 CFR AVA is sufficiently distinct from an database 1 shows that ‘‘Royal Slope’’ is part 4) authorizes TTB to establish existing AVA so as to warrant separate the name of a slope in Grant County, definitive viticultural areas and regulate recognition, if the proposed AVA is to Washington, where the proposed AVA the use of their names as appellations of be established within, or overlapping, is located. A road within the proposed origin on wine labels and in wine an existing AVA; and AVA is named Royal Slope Road, and • advertisements. Part 9 of the TTB A detailed narrative description of a local dairy is named Sunny Royal regulations (27 CFR part 9) sets forth the proposed AVA boundary based on Slope Dairy. Finally, the petition notes standards for the preparation and USGS map markings. that the port district that serves the submission of petitions for the Royal Slope Petition region of the proposed AVA is named establishment or modification of the Port of Royal Slope. TTB received a petition from Dr. Alan American viticultural areas (AVAs) and The petition also included several Busacca, a licensed geologist and lists the approved AVAs. examples of use of the term ‘‘Royal founder of Vinitas Vineyard Slope’’ to refer to the region of the Definition Consultants, LLC, on behalf of the Royal proposed AVA in printed and online Slope Wine Grower’s Association, Section 4.25(e)(1)(i) of the TTB media. For example, a 1996 thesis from proposing the establishment of the regulations (27 CFR 4.25(e)(1)(i)) defines Central Washington University is ‘‘Royal Slope’’ AVA. The proposed a viticultural area for American wine as entitled ‘‘Mid-Twentieth Century Royal Slope AVA is located in east- a delimited grape-growing region having Pioneering of the Royal Slope, Central central Washington and covers portions 2 distinguishing features, as described in Washington.’’ An article from a major of Adams and Grant Counties. The part 9 of the regulations, and a name agricultural weekly newspaper about proposed AVA lies entirely within the and a delineated boundary, as the grain harvest within the region of established Columbia Valley AVA (27 established in part 9 of the regulations. the proposed AVA is entitled ‘‘Triticale CFR 9.74) and does not overlap any 3 These designations allow vintners and harvest under way on Royal Slope.’’ other existing or proposed AVA, consumers to attribute a given quality, An article from a local newspaper although a small portion of the reputation, or other characteristic of a describes a businessman who started a proposed AVA’s northern boundary is wine made from grapes grown in an area fruit freezing and drying company after shared with the southern boundary of to the wine’s geographic origin. The he ‘‘moved to the Royal Slope in the established Ancient Lakes of 4 establishment of AVAs allows vintners 1962.’’ An article from an agricultural Columbia Valley AVA (27 CFR 9.227). to describe more accurately the origin of magazine describes an orchard The proposed Royal Slope AVA covers their wines to consumers and helps manager’s discovery of a new variety of 156,389 acres and contains 1 winery consumers to identify wines they may apple in an orchard ‘‘on Washington’s and 13 commercially-producing 5 purchase. Establishment of an AVA is Royal Slope.’’ Several vineyards vineyards that cover a total of neither an approval nor an endorsement within the proposed AVA list their approximately 14,100 acres. by TTB of the wine produced in that location as ‘‘Royal Slope’’ on their Approximately 100 additional acres of websites, including Lawrence area. wine grapes were planted in 2016, and Vineyards.6 Finally, the Washington Requirements winegrowers report that they plan to Wine Commission’s website describes Section 4.25(e)(2) of the TTB plant about 200 additional acres of wine the location of both Lawrence Vineyards and Stillwater Creek Vineyard as being regulations (27 CFR 4.25(e)(2)) outlines grapes in 2017 (Table 1). The distinguishing features of the on the Royal Slope.7 The petition also the procedure for proposing an AVA proposed Royal Slope AVA are its stated that the name ‘‘Royal Slope’’ is and provides that any interested party climate, topography, geology, and soils. not used for any other geographic region may petition TTB to establish a grape- Unless otherwise noted, all information in the United States, as attested to in the growing region as an AVA. Section 9.12 and data pertaining to the proposed U.S. Board on Geographic Names of the TTB regulations (27 CFR 9.12) AVA contained in this document are Geographic Names Information System. prescribes the standards for petitions for from the petition for the proposed Royal the establishment or modification of Boundary Evidence Slope AVA and its supporting exhibits. AVAs. Petitions to establish an AVA The proposed Royal Slope AVA is a must include the following: Name Evidence rectangular region with an east-west • Evidence that the area within the The proposed Royal Slope AVA is a orientation. It is located on the south- proposed AVA boundary is nationally heavily farmed region of rolling hills facing slopes of a range of hills known or locally known by the AVA name that gently slope towards the south. as the . The northern specified in the petition; According to the petition, one story of boundary of the proposed AVA mainly • An explanation of the basis for the origin of the region’s name is that a follows the southern boundary of the defining the boundary of the proposed pair of Scotsmen climbed the nearby AVA; in the early 1900’s. 1 https://geonames.usgs.gov. • A narrative description of the As they surveyed the topography below, 2 http://digitalcommons.cwu.edu/thesis_projects/ features of the proposed AVA affecting with its south-facing slopes that were 52. 3 https://www.capitalpress.com/state/washington/ viticulture, such as climate, geology, desirable for farming, one of the men triticale-harvest-under-way-on-royal-slope/article_ soils, physical features, and elevation, was purported to have exclaimed, ‘‘Now 7b741500-aa2a-5a7f-bfde-093d2d039ab4.html. that make the proposed AVA distinctive that’s a royal slope!’’ 4 www.Columbiabasinherald.com/crescent_bar_ and distinguish it from adjacent areas The petition included examples of the chronicle/news/business/article_8b7c49a2-327d- outside the proposed AVA; use of the term ‘‘Royal Slope’’ to 11e2-976c-001a4bcf887a.html. • 5 www.goodfruit.com/a-grower-reaches-out-to- The appropriate United States describe or refer to the region of the consumers. Geological Survey (USGS) map(s) proposed AVA. The petition noted that 6 www.lawrencevineyards.com. showing the location of the proposed the region of the proposed AVA is 7 www.washingtonwine.org/explore/map.

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Desert Unit of the Columbia Basin State Coulee. The proposed western boundary location within the established Red Wildlife Area, which is unavailable for also follows the 250-meter elevation Mountain AVA (27 CFR 9.167), which is commercial viticultural purposes due to contour that separates the proposed approximately 40 miles south of the its status as a wildlife refuge. The AVA from less fertile lands along the proposed AVA, and a separate location petition also states that the region to the . within the established Horse Heaven north of the proposed AVA is within the Distinguishing Features Hills AVA (27 CFR 9.188), which is geographical feature known as the approximately 67 miles south of the Quincy Basin, which is very flat and has The distinguishing features of the proposed AVA. Due to the distance of lower elevations than the proposed proposed Royal Slope AVA are its both the Red Mountain AVA and the AVA. The proposed eastern boundary climate, topography, geology, and soils. AVA from the also follows wildlife refuge boundaries, Climate proposed AVA, as well as the namely the Goose and the Columbia National Wildlife Refuge. The proposed The petition included data on several availability of sufficient climate data southern boundary largely follows the aspects of climate gathered between from sources closer to the proposed 250-meter (approximately 820 feet) 2009 and 2016 from three locations AVA, TTB does not consider the climate elevation contour that separates the within the proposed Royal Slope AVA data from these two established AVAs to fertile, gently rolling terrain of the and five nearby locations outside the be relevant to the proposed Royal Slope proposed AVA from the lower, less proposed AVA. The petition also AVA petition and is not including that fertile ‘‘scablands’’ of the included the same climate data for a data in this document.

CLIMATE OF THE PROPOSED ROYAL SLOPE AVA AND SURROUNDING REGIONS

Number of Number of Mean Average Cool-climate days with days with Weather station location annual air annual viticulture temperatures temperatures (direction from proposed AVA) temperature growing de- sustainability below 32 above 95 (degrees gree days 9 8 index (CCVSI) degrees F degrees F fahrenheit (F)) (GDDs) annually annually

Royal Slope East, (within proposed AVA) ...... 52.2 2,951 242 79 9 Royal City East, (within proposed AVA) ...... 51.4 2,776 232 89 7 Royal City West, (within proposed AVA) ...... 51.8 2,978 229 95 12 Broadview (west) ...... 47.2 1,940 159 161 6 Othello (east) ...... 50.3 2,522 204 107 7 Frenchman Hills, (north) ...... 50.1 2,484 207 118 6 Quincy (north) ...... 50.7 2,807 242 95 2 Desert Aire (south) ...... 54.7 3,518 260 77 23

Withinthe proposed Royal Slope totals than all of the surrounding numbers correlate with better sites to AVA, the mean annual air temperature regions except the region to the south, fully ripen grapes. is slightly warmer than temperatures in while the third station’s GDD total is In addition to having a long period of the regions to the north, east, and west, greater than all the surrounding regions time between hard freezes, the proposed and slightly cooler than in the region to except the region to the south and the AVA also has fewer days per year with the south. The petition describes the Quincy station to the north. According temperatures below 32 degrees temperatures within the proposed AVA to the petition, all three stations within Fahrenheit (F) than most of the as warm but not excessively hot, making the proposed AVA are classified as surrounding regions. The only location it a suitable climate for growing a being within the Winkler Region II, with fewer days with temperatures variety of red and white of which includes regions with GDD totals below 32 degrees F than all of the Vitis vinifera grapes, including Cabernet between 2,501 and 3,000. The petition locations within the proposed AVA is Franc, , , , and states that locations classified as the region to the south. The Quincy Riesling. Winkler Region II are suitable for station, to the north, has more days with The GDD totals from within the growing all but the latest of the late- temperatures below 32 degrees F than proposed AVA show a more significant ripening grape varietals. two of the stations within the proposed difference between the climate of the The average CCVSI number for the AVA and the same number of days with proposed AVA and the surrounding three locations within the proposed temperatures below 32 degrees F as one regions. Two of the three stations within Royal Slope AVA is 234, indicating a of the stations. This data shows the the proposed AVA have greater GDD long growing period without hard proposed AVA is at less risk of vine- freezes. Only the region to the south has damaging freezes due to having a 8 In the Winkler climate classification system, smaller number of days per year with annual heat accumulation during the growing a greater CCVSI number than any of the season, measured in annual growing degree days stations within the proposed AVA, temperatures below 32 degrees F than (GDDs), defines climatic regions. One GDD while the Quincy station to the north most of the surrounding regions. accumulates for each degree Fahrenheit that a day’s has the same CCVSI number as the Finally, the petition included mean temperature is above 50 degrees, the minimum temperature required for grapevine warmest station within the proposed information about the number of days growth. See Albert J. Winkler, General Viticulture AVA. The remaining stations outside of with temperatures above 95 degrees F (Berkeley: University of California Press, 1974), the proposed AVA have, on average, within the proposed AVA and pages 61–64. CCVSI numbers indicating between 30 surrounding regions. The proposed 9 CCVSI represents the number of days between the last temperature below 29 degrees F in the and 70 fewer growing season days than AVA has an average of only 9 days a spring and the first temperature below 29 degrees the locations within the proposed AVA. year with temperatures over 95 degrees F in the fall. According to the petition, larger CCVSI F, whereas the region to the south is

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significantly hotter, averaging 23 days a coulee is significantly lower than the to the petition, the AVA year. The regions to the north, east, and elevations within the proposed AVA, is located on an alluvial fan or fan delta. west all have fewer very hot days than with the lowest point within the coulee The fan formed when the repeated Ice the proposed AVA. The petition states being 490 feet. Along the Columbia Age megafloods flowing in the many that at temperatures above 95 degrees F, River, the elevations are also lower than floodways and coulees around the grape vines shut down photosynthesis, within the proposed AVA, and the region of the proposed Royal Slope AVA slowing or even stopping the synthesis terrain is generally too steep and rocky combined in the channel of the of sugars and other ripening factors. As for cultivation. West of the Columbia Columbia River and traveled south. a result, harvest may be delayed into the River, the topography quickly rises to These floodwaters then broke through a fall, when seasonal rains or cold snaps form the foothills of the , narrow watergap in the Saddle could damage fruit still left on the vine. which has higher elevations and steeper Mountains, known as Sentinel Gap. The petition also provided slopes than the proposed AVA and lacks Since the gap is only about a mile wide, information on the average minimum the climate, slope orientation, or soils it restricted the flow of the floodwaters, nighttime temperature during veraison, suitable for cultivation. which backed up to great depth mean minimum temperature, and mean upstream of the gap and eventually Geology annual wind run for each of the jetted through the gap with great force. locations. However, because the petition According to the petition, the entire The floodwaters carried sand, silt, did not discuss the viticultural effects of Columbia Valley AVA, including the cobbles, gravels, and boulders through those aspects of climate, TTB was region of the proposed Royal Slope the gap and deposited them in a unable to determine if they were AVA, is underlain with Miocene-era widening fan-shaped triangle that distinguishing features of the proposed basaltic bedrock and has been affected formed the slope on which the Wahluke AVA, and they are not discussed in this by Ice Age megafloods. However, the Slope AVA is located. document. All of the climate data is petition states that these floods affected available in the online docket for this the various sub-regions of the Columbia Soils proposed AVA, Docket No. TTB–2019– Valley AVA in different ways. For The soils within the proposed Royal 0008, at www.regulations.gov. example, in the region of the proposed Slope AVA are a combination of Royal Slope AVA, floodwaters followed sediments and soils from glacial floods Topography flood channels to the east and northeast and wind-blown post-glacial sand and The proposed Royal Slope AVA is of the proposed AVA, within the silt (loess). The soils within the located on the gentle, south-facing Frenchman Hills. The waters entered proposed AVA are generally deep slopes of an east-west trending range of the region in a relatively smooth enough for vines to extend their roots hills called the Frenchman Hills. fashion, and the proposed AVA far into the soil before encountering Elevations within the proposed AVA remained largely above the floodwaters. bedrock or other impediment. The range from 610 feet in the extreme As a result, the region of the proposed predominant soils are classified as southeastern portion of the proposed AVA was not heavily eroded and Aridisols, which are characterized by AVA to 1,756 feet in the extreme remained a landscape of gentle hills loamy-to-sandy textures and very low northeastern portion. The majority of with deep soils suitable for cultivation. amounts of humified organic material, the slope angles within the proposed By contrast, the regions to the east so vine vigor is naturally low. The soils AVA are less than 15 percent, but very and south of the proposed AVA were are also well drained and have naturally few slopes have angles less than 3 affected by very fast, deep, and low soil moisture, so growers can easily percent. The slopes are gentle enough turbulent flood waters that flowed into control vine development via the timing for agricultural purposes, including the valley separating the Frenchman and amounts of drip irrigation applied vineyards, and are not as freeze-prone as Hills and the proposed Royal Slope during the growing season. The petition flatter terrains such as valley floors. AVA from the Saddle Mountains. As states that the major soil series are To the north of the proposed AVA, these fast-moving waters flowed through Warden, Sagemoor, Adkins, and the Frenchman Hills fall away to the the narrow valley, they cut deeply into Kennewick, which together comprise Quincy Basin, a large, flat-floored the landscape and formed the eroded approximately 59 percent of the total valley. The portion of the Quincy Basin ‘‘scablands’’ of the Crab Creek Coulee. soil in the proposed AVA and along the northeastern edge of the Similarly strong floodwaters flowed approximately 75 percent of the proposed AVA is also covered with through the Columbia River, to the west vineyard acreage. sand dunes and ‘‘pothole’’ ponds that of the proposed AVA, and created a To the immediate east, west, and formed in the low areas between dune steep, deeply-scarred river canyon. To south of the proposed AVA are the crests. This region of pothole ponds and the north of the proposed AVA, the scablands of the Crab Creek Coulee and dunes is also part of the Columbia Basin floodwaters flowed more gently and the Columbia River Valley. In these State Wildlife Area and is therefore smoothly over the flat landscape of the regions, the Ice Age floodwaters unavailable for commercial agricultural Quincy Basin, depositing vast amounts stripped away most of the soil, leaving purposes. of sand that formed depths of over 100 behind exposed bedrock. Normal To the east, south, and west of the feet in places and creating a landscape erosion processes in post-glacial times proposed AVA are the Crab Creek of dunes and ‘‘pothole’’ lakes. have continuously removed any loose Coulee and the canyon of the Columbia Farther south of the Crab Creek soil materials, maintaining the scabland River, respectively. The topography of Coulee is the established Wahluke Slope characteristics and leaving behind a these regions is characterized by large AVA (27 CFR 9.192) on the southern rocky landscape unable to support areas of craggy, exposed bedrock with slopes of the Saddle Mountains. agricultural activities. steep slopes that are mostly greater than Although the Wahluke Slope AVA is a Farther south of the proposed AVA, 35 percent. The petition describes Crab gently sloping region with a gently within the established Wahluke Slope Creek Coulee as a ‘‘moonscape of undulating surface, the petition states AVA, the soils are deep and fertile bedrock-dominated scabland’’ that is that the Wahluke Slope AVA has a enough for agricultural purposes, suitable only for wildlife habitat and different geologic history than the including viticulture. However, the light livestock grazing. The floor of the proposed Royal Slope AVA. According petition states that the soils of the

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Wahluke Slope AVA are different from petition states that Entisol soils are predominately Entisols. The Quincy soil those of the proposed AVA. For extremely well-drained due to their high series is also the most common soil example, the Adkins soil series, which sand content and are very susceptible to series in this region, making up is the most prominent soil series of the wind erosion. Although the soils of the approximately 19 percent of the soils. proposed AVA, is not found within the Wahluke Slope AVA have been Wahluke Slope AVA. Instead, the most developed for viticulture, the petition Summary of Distinguishing Features common soil series in the Wahluke states that vineyard owners with vines In summary, the climate, topography, Slope AVA is the Quincy soil series, planted in Entisol soils face more geology, and soils of the proposed Royal which makes up 32.6 percent of the challenges than owners of vineyards soils of the Wahluke Slope AVA but planted in Aridosol soils due to their Slope AVA distinguish it from the comprises less than 2 percent of the ‘‘extreme droughtiness’’ and ‘‘extreme surrounding regions. The following soils of the proposed Royal Slope AVA. wind erosion hazard.’’ table summarizes the differences Additionally, soils within the Wahluke To the north of the proposed AVA, between the proposed AVA and the Slope AVA are predominately classified within the established Ancient Lakes of surrounding regions. as Entisols, rather than Aridisols. The Columbia Valley AVA, the soils are also

SUMMARY OF DISTINGUISHING FEATURES

Region Climate Topography Geology Soils

Proposed Royal Slope Moderately warm Winkler Rolling hills with gentle Remained relatively un- Deep, well-drained soils AVA. Region II with a long south-facing slopes. touched by Ice Age derived from glacial growing season. floods; little exposed sediments and loess; bedrock. predominately Aridisols of the Adkins soil series. North ...... Slightly cooler tempera- Large, flat-floored valley Ice Age floods deposited Sandy soils; predominately tures with generally with regions of sand large quantities of sand Entisols of the Quincy shorter growing season. dunes and ‘‘pothole’’ and formed ‘‘pothole’’ soil series. ponds. ponds. East ...... Slightly cooler tempera- Rocky, steep-sided Deeply eroded by Ice Age Very little soil due to ero- tures with shorter grow- ‘‘scabland’’ coulee. floods, leaving behind sion. ing season. large quantities of ex- posed bedrock. South ...... Significantly warmer tem- Rocky, steep-sided To the immediate south, To the immediate south, peratures with longer ‘‘scabland’’ coulee to im- deeply eroded by Ice very little soil due to ero- growing season. mediate south; gently Age floods, leaving be- sion; in Wahluke Slope sloping terrain farther hind large quantities of AVA, sandy soils, includ- south in Wahluke Slope exposed bedrock; farther ing Entisols of the Quin- AVA. south, the Wahluke cy soil series. Slope AVA is an alluvial fan created by Ice Age floods. West ...... Significantly cooler tem- Rocky, steep-sided canyon Deeply eroded by Ice Age Very little soil due to ero- peratures with signifi- of the Columbia River; floods, leaving behind sion. cantly shorter growing farther west, the rugged large quantities of ex- season. slopes of the Cascade posed bedrock. Range.

Comparison of the Proposed Royal established AVA. For example, the exposed bedrock. The proposed AVA Slope AVA to the Existing Columbia proposed AVA is also a treeless region also has a more limited variety of soils Valley AVA of undulating hills and is adjacent to the than the more diverse Columbia Valley T.D. ATF–190, which published in Columbia River. Additionally, the AVA. growing season of the proposed AVA is the Federal Register on November 13, TTB Determination 1984 (49 FR 44895), established the longer than 150 days, with an average Columbia Valley AVA in central growing season length of 234 days. TTB concludes that the petition to Washington and the north-central Furthermore, although precipitation is establish the approximately 156,389- portion of Oregon. The Columbia Valley not a distinguishing feature of the acre Royal Slope AVA merits AVA is described in T.D. ATF–190 as a proposed AVA, the petition notes that consideration and public comment, as annual rainfall amounts within the large, treeless basin of undulating hills invited in this notice of proposed proposed Royal Slope AVA average 6.5 surrounding the Snake, Yakima, and rulemaking. Columbia Rivers within the rain shadow inches, which is within the range of the of the Cascade Mountains. The climate annual precipitation amounts for the Boundary Description of the Columbia Valley AVA is Columbia Valley AVA. However, the characterized by a growing season smaller proposed AVA is much more See the narrative description of the length of over 150 days and annual uniform in its climate, topography, boundary of the petitioned-for AVA in rainfall totals of 15 inches or less. geology, and soils than the much larger the proposed regulatory text published The proposed Royal Slope AVA is established Columbia Valley. For at the end of this proposed rule. located in the western central portion of example, the proposed Royal Slope the Columbia Valley AVA and shares AVA does not contain any ‘‘scablands’’ some broad characteristics with the or other regions with large amounts of

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Maps should establish the proposed AVA. Bureau, 1310 G Street NW, Box 12, TTB is also interested in receiving Washington, DC 20005. The petitioner provided the required • maps, and they are listed below in the comments on the sufficiency and Hand Delivery/Courier: You may proposed regulatory text. accuracy of the name, boundary, soils, hand-carry your comments or have them climate, and other required information hand-carried to the Alcohol and Impact on Current Wine Labels submitted in support of the petition. In Tobacco Tax and Trade Bureau, 1310 G Part 4 of the TTB regulations prohibits addition, given the proposed Royal Street NW, Suite 400, Washington, DC any label reference on a wine that Slope AVA’s location within the 20005. indicates or implies an origin other than existing Columbia Valley AVA, TTB is Please submit your comments by the the wine’s true place of origin. For a interested in comments on whether the closing date shown above in this notice. wine to be labeled with an AVA name, evidence submitted in the petition Your comments must reference Notice at least 85 percent of the wine must be regarding the distinguishing features of No. 186 and include your name and derived from grapes grown within the the proposed AVA sufficiently mailing address. Your comments also area represented by that name, and the differentiates it from the existing must be made in English, be legible, and wine must meet the other conditions Columbia Valley AVA. TTB is also be written in language acceptable for listed in § 4.25(e)(3) of the TTB interested in comments on whether the public disclosure. TTB does not regulations (27 CFR 4.25(e)(3)). If the geographic features of the proposed acknowledge receipt of comments, and wine is not eligible for labeling with an AVA are so distinguishable from the TTB considers all comments as AVA name and that name appears in the surrounding Columbia Valley AVA that originals. brand name, then the label is not in the proposed Royal Slope AVA should In your comment, please clearly state compliance and the bottler must change no longer be part of that AVA. Please if you are commenting for yourself or on the brand name and obtain approval of provide any available specific behalf of an association, business, or a new label. Similarly, if the AVA name information in support of your other entity. If you are commenting on appears in another reference on the comments. behalf of an entity, your comment must label in a misleading manner, the bottler Because of the potential impact of the include the entity’s name, as well as would have to obtain approval of a new establishment of the proposed Royal your name and position title. If you label. Different rules apply if a wine has Slope AVA on wine labels that include comment via Regulations.gov, please a brand name containing an AVA name the term ‘‘Royal Slope’’ as discussed enter the entity’s name in the that was used as a brand name on a above under Impact on Current Wine ‘‘Organization’’ blank of the online label approved before July 7, 1986. See Labels, TTB is particularly interested in comment form. If you comment via § 4.39(i)(2) of the TTB regulations (27 comments regarding whether there will postal mail or hand delivery/courier, CFR 4.39(i)(2)) for details. be a conflict between the proposed AVA please submit your entity’s comment on If TTB establishes this proposed AVA, name and currently used brand names. letterhead. its name, ‘‘Royal Slope,’’ will be If a commenter believes that a conflict You may also write to the recognized as a name of viticultural will arise, the comment should describe Administrator before the comment significance under § 4.39(i)(3) of the the nature of that conflict, including any closing date to ask for a public hearing. TTB regulations (27 CFR 4.39(i)(3)). The anticipated negative economic impact The Administrator reserves the right to text of the proposed regulation clarifies that approval of the proposed AVA will determine whether to hold a public this point. Consequently, wine bottlers have on an existing viticultural hearing. using the name ‘‘Royal Slope’’ in a enterprise. TTB is also interested in Confidentiality brand name, including a trademark, or receiving suggestions for ways to avoid All submitted comments and in another label reference as to the conflicts, for example, by adopting a attachments are part of the public record origin of the wine, would have to ensure modified or different name for the AVA. and subject to disclosure. Do not that the product is eligible to use the enclose any material in your comments AVA name as an appellation of origin if Submitting Comments that you consider to be confidential or this proposed rule is adopted as a final You may submit comments on this inappropriate for public disclosure. rule. notice by using one of the following The approval of the proposed Royal three methods: Public Disclosure Slope AVA would not affect any • Federal e-Rulemaking Portal: You TTB will post, and you may view, existing AVA, and any bottlers using may send comments via the online copies of this notice, selected ‘‘Columbia Valley’’ as an appellation of comment form posted with this notice supporting materials, and any online or origin or in a brand name for wines within Docket No. TTB–2019–0008 on mailed comments received about this made from grapes grown within the ‘‘Regulations.gov,’’ the Federal e- proposal within Docket No. TTB–2019– Royal Slope AVA would not be affected rulemaking portal, at https:// 0008 on the Federal e-rulemaking by the establishment of this new AVA. www.regulations.gov. A direct link to portal, Regulations.gov, at https:// The establishment of the proposed that docket is available under Notice www.regulations.gov. A direct link to Royal Slope AVA would allow vintners No. 186 on the TTB website at https:// that docket is available on the TTB to use ‘‘Royal Slope’’ and ‘‘Columbia www.ttb.gov/wine/wine- website at https://www.ttb.gov/wine/ Valley’’ as appellations of origin for rulemaking.shtml. Supplemental files wine_rulemaking.shtml under Notice wines made from grapes grown within may be attached to comments submitted No. 186. You may also reach the the proposed Royal Slope AVA, if the via Regulations.gov. For complete relevant docket through the wines meet the eligibility requirements instructions on how to use Regulations.gov search page at https:// for the appellation. Regulations.gov, visit the site and click www.regulations.gov. For information Public Participation on the ‘‘Help’’ tab. on how to use Regulations.gov, click on • U.S. Mail: You may send comments the site’s ‘‘Help’’ tab. Comments Invited via postal mail to the Director, All posted comments will display the TTB invites comments from interested Regulations and Rulings Division, commenter’s name, organization (if members of the public on whether it Alcohol and Tobacco Tax and Trade any), city, and State, and, in the case of

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mailed comments, all address Authority: 27 U.S.C. 205. Section 16 to the intersection of the information, including email addresses. southeastern corner of Section 16, TTB may omit voluminous attachments Subpart C—Approved American T17N/R28E, and the western boundary or material that the Bureau considers Viticultural Areas of the Columbia National Wildlife unsuitable for posting. ■ 2. Add § 9. ll to read as follows: Refuge; then You may also view copies of this § 9. llRoyal Slope. (9) Proceed southerly, then notice, all related petitions, maps and (a) Name. The name of the viticultural southwesterly, for approximately 8 other supporting materials, and any area described in this section is ‘‘Royal miles along the western boundary of the electronic or mailed comments that TTB Slope’’. For purposes of part 4 of this Columbia National Wildlife Refuge and receives about this proposal by chapter, ‘‘Royal Slope’’ is a term of the concurrent western boundary of the appointment at the TTB Information viticultural significance. Goose Lakes Unit of the Columbia Basin Resource Center, 1310 G Street NW, (b) Approved maps. The one United State Wildlife Area to the intersection of Suite 400, Washington, DC 20005. You States Geological Survey (USGS) the wildlife refuge boundary with the may also obtain copies at 20 cents per 1:100,000 scale topographic map used to eastern boundary of Section 14, T16N/ 8.5- x 11-inch page. Please note that determine the boundary of the Royal R27E; then TTB is unable to provide copies of Slope viticultural area is ‘‘Priest Rapids, (10) Proceed south along the eastern USGS maps or other similarly-sized WA,’’ 2015. documents that may be included as part boundaries of Sections 14, 23, 26, and (c) Boundary. The Royal Slope 35, T16N/R27E, to the intersection of of the AVA petition. Contact TTB’s viticultural area is located in Grant and Regulations and Rulings Division at the the eastern boundary of Section 35 with Adams Counties in Washington. The State Highway 26; then above address, by email at https:// boundary of the Royal Slope viticultural _ www.ttb.gov/webforms/contact area is as described in paragraphs (c)(1) (11) Proceed northwesterly for RRD.shtm, or by telephone at 202–453– through (17) of this section: approximately 3 miles along State 1039, ext. 175, to schedule an (1) The point of the beginning is on Highway 26 to the intersection of the appointment or to request copies of the Priest Rapids map at the intersection highway with the 250-meter elevation comments or other materials. of the 250 meter elevation contour and contour in the southwest corner of Section 21, T16/R27E; then Regulatory Flexibility Act the northern boundary of Section 8, T17N/R23E. From the beginning point, (12) Proceed westerly for TTB certifies that this proposed proceed east for approximately 7 miles approximately 28 miles along the 250- regulation, if adopted, would not have along the northern boundaries of meter elevation contour to the a significant economic impact on a Sections 8, 9, 10, 11, and 12, T17N/ intersection of the elevation contour substantial number of small entities. R23E, and Sections 7 and 8, T17N/R24E with the eastern boundary of Section 26, The proposed regulation imposes no to the northeast corner of Section 8, T16N/R23E; then new reporting, recordkeeping, or other T17N/R24E; then administrative requirement. Any benefit (13) Proceed north for approximately (2) Proceed south for approximately 1 1,100 feet along the eastern boundary of derived from the use of a viticultural mile along the eastern boundary of area name would be the result of a Section 26 to the northeast corner of Section 8 to the southeast corner of Section 26, T16N/R23E; then proprietor’s efforts and consumer Section 8, T17N/R24 E; then acceptance of wines from that area. (3) Proceed east for approximately 4 (14) Proceed west for 1 mile along the Therefore, no regulatory flexibility miles along the southern boundaries of northern boundary of Section 26, T16N/ analysis is required. Sections 9, 10, 11, and 12, T17N/R24E, R23E, to the intersection with the eastern boundary of Section 22, T16N/ Executive Order 12866 to the southeastern corner of Section 12, T17N/R24E; then R23E; then It has been determined that this (4) Proceed north for approximately (15) Proceed north for 1 mile along proposed rule is not a significant 1.8 miles along the eastern boundaries the eastern boundary of Section 22 to regulatory action as defined by of Sections 12 and 1, T17N/R24E, to the the northern boundary of Section 22, Executive Order 12866 of September 30, intersection of the eastern boundary of T16N/R23E; then 1993. Therefore, no regulatory Section 1 and the southern boundary of assessment is required. (16) Proceed west for approximately the Desert Unit of the Columbia Basin 1.05 miles along the northern boundary Drafting Information State Wildlife Area; then of Section 22, T16N/R23E, to the (5) Proceed easterly for approximately intersection of the section boundary Karen A. Thornton of the Regulations 20 miles along the boundary of the and Rulings Division drafted this notice with the 250-meter elevation contour; Desert Unit of the Columbia Basin State then of proposed rulemaking. Wildlife Area to the intersection of the List of Subjects in 27 CFR Part 9 wildlife area boundary with O’Sullivan (17) Proceed northerly for Dam Road/State Highway 262; then approximately 10 miles along the 250- Wine. (6) Proceed east for approximately 1.5 meter elevation contour to return to the Proposed Regulatory Amendment miles along O’Sullivan Dam Road/State beginning point. For the reasons discussed in the Highway 262 to the intersection of the Signed: July 10, 2019. preamble, TTB proposes to amend title road with an unnamed road known Mary G. Ryan, 27, chapter I, part 9, Code of Federal locally as H Road SE; then Acting Administrator. Regulations, as follows: (7) Proceed southeasterly for approximately 1.6 miles along H Road Approved: September 23, 2019. PART 9—AMERICAN VITICULTURAL SE to the intersection of the road with Timothy E. Skud, AREAS the southern boundary of Section 16, Deputy Assistant Secretary (Tax, Trade, and T17N/R28E; then Tariff Policy). ■ 1. The authority citation for part 9 (8) Proceed east for approximately 0.4 [FR Doc. 2019–22266 Filed 10–11–19; 8:45 am] continues to read as follows: mile along the southern boundary of BILLING CODE 4810–31–P

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