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Proposed Eola Hills Viticultural Area

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Proposed Eola Hills Viticultural Area Federal Register / Vol. 68, No. 173 / Monday, September 8, 2003 / Proposed Rules 52875 e. Redesignating existing paragraphs Trade Bureau, P.O. Box 50221, authority to the Alcohol and Tobacco (f)(2) through (f)(7) as paragraphs (f)(3) Washington, DC 20091–0221 (Attn: Tax and Trade Bureau. through (f)(8), Notice No. 15); Regulations in 27 CFR Part 4, Labeling f. And adding a new paragraph (f)(2) • 202–927–8525 (facsimile); and Advertising of Wine, allow the to read as follows: • [email protected] (e-mail); or establishment of definitive viticultural • http://www.ttb.gov/alcohol/rules/ areas and the use of their names as § 1308.11 Schedule I. index.htm. An online comment form is appellations of origin on wine labels * * * * * posted with this notice on our Web site. and in wine advertisements. Title 27 (d) * * * You may view copies of the petition, CFR part 9, American Viticultural (6) 2,5-dimethoxy-4-(n)- this notice, the appropriate maps, and Areas, contains the list of approved propylthiophenethylamine (other name: any comments we receive about this viticultural areas. 2C-T-7)—7348. notice by appointment at the ATF *** What Is the Definition of a Viticultural Reference Library, 650 Massachusetts Area? (29) 1-(3- Avenue, NW., Washington, DC 20226; trifluoromethylphenyl)piperazine (other phone 202–927–7890. You may also Title 27 CFR 4.25a(e)(1) defines an name: TFMPP)—7494. access copies of the notice and American viticultural area as a * * * * * comments on our Web site at http:// delimited grape-growing region (f) * * * www.ttb.gov/alcohol/rules/index.htm. distinguishable by geographic features (2) N-Benzylpiperazine (some other See the Public Participation section of whose boundaries have been delineated names: BZP, 1-benzylpiperazine)—7493. this notice for specific instructions and in subpart C of part 9. These * * * * * requirements for submitting comments designations allow consumers and vintners to attribute a given quality, Dated: September 2, 2003. and for information on how to request a public hearing. reputation, or other characteristic of Karen P. Tandy, wine made from grapes grown in an area FOR FURTHER INFORMATION CONTACT: Administrator. to its geographic origin. [FR Doc. 03–22684 Filed 9–5–03; 8:45 am] Jennifer Berry, Alcohol and Tobacco Tax and Trade Bureau, Regulations and BILLING CODE 4410–09–P What Is Required To Establish a Procedures Division, P.O. Box 18152, Viticultural Area? Roanoke, Virginia 24014; telephone Section 4.25a(e)(2) outlines the 540–344–9333. DEPARTMENT OF THE TREASURY procedure for proposing an American SUPPLEMENTARY INFORMATION: viticultural area. Anyone interested may Alcohol and Tobacco Tax and Trade TTB Background petition TTB to establish a grape- Bureau growing region as a viticultural area. Has Passage of the Homeland Security The petition must include— 27 CFR Part 9 Act Affected Department of Treasury • Evidence that the proposed Rulemaking? [Notice No. 15] viticultural area is locally and/or Effective January 24, 2003, the nationally known by the name specified RIN 1513—AA41 Homeland Security Act of 2002 divided in the petition; • the Bureau of Alcohol, Tobacco and Historical or current evidence that Proposed Eola Hills Viticultural Area the boundaries of the proposed (2002R–216P) Firearms into two agencies, the Alcohol and Tobacco Tax and Trade Bureau in viticultural area are as specified in the petition; AGENCY: Alcohol and Tobacco Tax and the Department of the Treasury and the • Trade Bureau (TTB), Treasury. Bureau of Alcohol, Tobacco, Firearms Evidence of growing conditions, such as climate, soils, elevation, ACTION: Notice of proposed rulemaking. and Explosives in the Department of Justice. Regulation of wine labeling, physical features, etc., that distinguish SUMMARY: The Alcohol and Tobacco Tax including viticultural area designations, the proposed area from surrounding and Trade Bureau proposes to establish areas; is the responsibility of the new TTB. • Eola Hills as a viticultural area in References to ATF in this document A description of the specific Oregon. The proposed viticultural area relate to events that occurred prior to boundaries of the proposed viticultural is entirely within the existing January 24, 2003, or to functions that area, based on features shown on United Willamette Valley viticultural area and the Bureau of Alcohol, Tobacco, States Geological Survey-approved encompasses roughly 37,900 acres Firearms and Explosives continues to (USGS) maps; and • Copies of the appropriate USGS- within Polk and Yamhill Counties. We perform. designate viticultural areas to allow approved map(s) with the boundaries bottlers to better describe the origin of Background on Viticultural Areas prominently marked. wines and allow consumers to better What Is TTB’s Authority To Establish a What Impact May This Notice Have on identify the wines they may purchase. Viticultural Area? Current Wine Labels? We invite comments on this proposed The Federal Alcohol Administration As appellations of origin, viticultural addition to our regulations, particularly Act (FAA Act) at 27 U.S.C. 205(e) area names have geographic from bottlers who use brand names requires that alcohol beverage labels significance. Our 27 CFR part 4 label similar to that of the proposed area. provide the consumer with adequate regulations prohibit the use of a brand DATES: We must receive written information regarding a product’s name with geographic significance on a comments on or before November 7, identity, while prohibiting the use of wine unless the wine meets the 2003. misleading information on such labels. appellation of origin requirements for ADDRESSES: You may send comments to The FAA Act also authorizes the the named area. Our regulations also any of the following addresses— Secretary of the Treasury to issue prohibit any other label references that • Chief, Regulations and Procedures regulations to carry out its provisions, suggest an origin other than the true Division, Alcohol and Tobacco Tax and and the Secretary has delegated this place of origin of the wine. VerDate jul<14>2003 15:04 Sep 05, 2003 Jkt 200001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\08SEP1.SGM 08SEP1 52876 Federal Register / Vol. 68, No. 173 / Monday, September 8, 2003 / Proposed Rules If we establish this proposed Geology and Mineral Industries. Both What Evidence of Distinctive Growing viticultural area, bottlers who use brand prominently label the area ‘‘Eola Hills.’’ Conditions Has Been Provided? names, including trademarks, like Eola According to the petitioner, Eola Hills Soil and Geology Hills must ensure that their existing has name recognition and a reputation products are eligible to use the for quality among wine consumers both The petitioner states that the soils and viticultural area’s name as an in and out of Oregon. For this reason, geology of the Eola Hills are distinctive appellation of origin. For a wine to be vineyards and wineries within the from those of the surrounding areas in eligible, at least 85 percent of the grapes two regards: proposed area utilize the name • in the wine must have been grown frequently in their promotional The prevailing basalt-derived soils within the viticultural area, and the literature. The petitioner submitted two are clearly shallower than the soils of wine must meet the other requirements promotional maps demonstrating this. other hills of the North Willamette of 27 CFR 4.25a(e)(3). One map, entitled ‘‘The Wine Valley, and • The well-drained basalt soils are If a wine is not eligible for the Appellations of Oregon,’’ issued by the very different from the alluvial soils of appellation, the bottler must change the Oregon Wine Marketing Coalition, the surrounding valley floor. brand name or other label reference and portrays the Eola Hills area as a As evidence of this, Mr. Raney obtain approval of a new label. Different subregion within the Willamette Valley. submitted two geologic maps issued by rules apply if a wine in this category has The other map, entitled ‘‘Eola Hills the State of Oregon’s Department of a brand name used on a label approved Winegrowing Region, Willamette Valley Geology and Mineral Industries. One is prior to July 7, 1986. See 27 CFR 4.39(i) Oregon,’’ shows the location of all entitled ‘‘Geologic Map of the Rickreall for details. vineyards and wineries in the proposed and Salem Quadrangles, Oregon’’; the area. Eola Hills Petition other is entitled ‘‘Preliminary Geologic The petitioner notes that a small Map of the Amity and Mission Bottom Mr. Russell Raney of Evesham Wood portion of the proposed area is Quadrangles, Oregon.’’ According to Vineyard, Salem, Oregon, petitioned sometimes referred to as ‘‘Amity Hills.’’ these documents, volcanic basalt rock ATF for the establishment of a ‘‘Oregon Geographic Names’’ describes from the lava flows of the Miocene era viticultural area to be called ‘‘Eola Amity Hills as a northern extension of underlies the Eola Hills, with areas of Hills.’’ The proposed viticultural area is the Eola Hills that is separated from the marine sedimentary rock from the within the State of Oregon and entirely main ridge by a pass east of the town of Oligocene era at the lower elevations of within the existing Willamette Valley Amity. USGS maps for McMinnville the ridge. The soils in the middle and viticultural area described in 27 CFR and Amity, Oregon, identify this area as higher elevations of the Eola Hills are 9.90. The petitioner estimates that the Amity Hills. However, the geologic largely well-drained, silty-clay loams proposed area encompasses 37,900 maps issued by Oregon’s Department of weathered from basalt, while on the acres, with about 1,244 acres planted to Geology and Mineral Industries identify lower slopes, silt loams weathered from vines. Currently 12 wineries operate it as part of the Eola Hills. The sedimentary rock predominate, within the proposed area. petitioner argues that, for the purpose of particularly on the west-facing slopes.
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