Federal Register- Establishment of the Goose Gap
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34952 Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations § 48.207 How may donations solicited approximately 8,129-acre ‘‘Goose Gap’’ established in part 9 of the regulations. under this subpart be used? viticultural area in Benton County, These designations allow vintners and (a) The Bureau-operated school must Washington. The viticultural area is consumers to attribute a given quality, first use the funds to pay documented located entirely within the existing reputation, or other characteristic of a costs of the fundraising activity and Yakima Valley and Columbia Valley wine made from grapes grown in an area must use the remaining funds in viticultural areas. TTB designates to the wine’s geographic origin. The accordance with paragraph (b) of this viticultural areas to allow vintners to establishment of AVAs allows vintners section. better describe the origin of their wines to describe more accurately the origin of (b) Funds and in-kind donations and to allow consumers to better their wines to consumers and helps solicited under this subpart may be used identify wines they may purchase. consumers to identify wines they may for the school purposes identified in the DATES: This final rule is effective August purchase. Establishment of an AVA is solicitation. If the solicitation did not 2, 2021. neither an approval nor an endorsement identify the school purposes, the funds FOR FURTHER INFORMATION CONTACT: by TTB of the wine produced in that and in-kind donations may be used for Karen A. Thornton, Regulations and area. any school purposes defined in § 48.3 of Rulings Division, Alcohol and Tobacco Requirements this part. Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005; Section 4.25(e)(2) of the TTB § 48.208 How does a Bureau-operated regulations (27 CFR 4.25(e)(2)) outlines school process donated funds? phone 202–453–1039, ext. 175. SUPPLEMENTARY INFORMATION: the procedure for proposing an AVA The Bureau will deposit all funds and provides that any interested party received as donations into the Background on Viticultural Areas may petition TTB to establish a grape- designated Treasury account. Once the TTB Authority growing region as an AVA. Section 9.12 Bureau deposits the funds, the Bureau of the TTB regulations (27 CFR 9.12) will work with the Bureau-operated Section 105(e) of the Federal Alcohol prescribes standards for petitions for the school to make the funds available for Administration Act (FAA Act), 27 establishment or modification of AVAs. school purposes. U.S.C. 205(e), authorizes the Secretary Petitions to establish an AVA must of the Treasury to prescribe regulations § 48.209 How must the Bureau-operated include the following: school report donations? for the labeling of wine, distilled spirits, • Evidence that the area within the and malt beverages. The FAA Act Each Bureau-operated school that has proposed AVA boundary is nationally provides that these regulations should, or locally known by the AVA name received donations must submit an among other things, prohibit consumer annual report to the Director containing specified in the petition; deception and the use of misleading • An explanation of the basis for the following information: statements on labels and ensure that (a) A list of donors, donation defining the boundary of the proposed labels provide the consumer with amounts, and estimated values of AVA; adequate information as to the identity • donated goods and services; A narrative description of the (b) An accounting of all costs of and quality of the product. The Alcohol features of the proposed AVA affecting fundraising activities; and Tobacco Tax and Trade Bureau viticulture, such as climate, geology, (c) Supporting documentation (TTB) administers the FAA Act soils, physical features, and elevation, showing the donations were used for pursuant to section 1111(d) of the that make the proposed AVA distinctive school purposes; and Homeland Security Act of 2002, and distinguish it from adjacent areas (d) A report of the results achieved by codified at 6 U.S.C. 531(d). The outside the proposed AVA boundary; • use of donations. Secretary has delegated the functions If the proposed AVA is to be and duties in the administration and established within, or overlapping, an Bryan Newland, enforcement of these provisions to the existing AVA, an explanation that both Principal Deputy Assistant Secretary—Indian TTB Administrator through Treasury identifies the attributes of the proposed Affairs. Order 120–01, dated December 10, 2013 AVA that are consistent with the [FR Doc. 2021–13196 Filed 6–30–21; 8:45 am] (superseding Treasury Order 120–01, existing AVA and explains how the BILLING CODE 4337–15–P dated January 24, 2003). proposed AVA is sufficiently distinct Part 4 of the TTB regulations (27 CFR from the existing AVA and therefore part 4) authorizes TTB to establish appropriate for separate recognition; DEPARTMENT OF THE TREASURY definitive viticultural areas and regulate • The appropriate United States the use of their names as appellations of Geological Survey (USGS) map(s) Alcohol and Tobacco Tax and Trade origin on wine labels and in wine showing the location of the proposed Bureau advertisements. Part 9 of the TTB AVA, with the boundary of the regulations (27 CFR part 9) sets forth proposed AVA clearly drawn thereon; 27 CFR Part 9 standards for the preparation and and • [Docket No. TTB–2020–0011; T.D. TTB–170; submission to TTB of petitions for the A detailed narrative description of Ref: Notice No. 196] establishment or modification of the proposed AVA boundary based on American viticultural areas (AVAs) and USGS map markings. RIN 1513–AC63 lists the approved AVAs. Goose Gap Petition Establishment of the Goose Gap Definition TTB received a petition from Alan Viticultural Area Section 4.25(e)(1)(i) of the TTB Busacca, on behalf of the Goose Gap AGENCY: Alcohol and Tobacco Tax and regulations (27 CFR 4.25(e)(1)(i)) defines Wine Grower’s Association, proposing Trade Bureau, Treasury. a viticultural area for American wine as to establish the ‘‘Goose Gap’’ AVA. The ACTION: Final rule; Treasury decision. a delimited grape-growing region having proposed AVA is located in Benton distinguishing features, as described in County, Washington, and lies entirely SUMMARY: The Alcohol and Tobacco Tax part 9 of the regulations, and a name within the established Yakima Valley and Trade Bureau (TTB) establishes the and a delineated boundary, as (27 CFR 9.69) and Columbia Valley (27 VerDate Sep<11>2014 15:54 Jun 30, 2021 Jkt 253001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\01JYR1.SGM 01JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations 34953 CFR 9.74) AVAs and does not overlap stratified silts and sands. Finally, the established Columbia Valley and any other existing or proposed AVA. Prosser soils comprise five percent of Yakima Valley AVAs. Within the approximately 8,129-acre the proposed AVA and derive from TTB Determination proposed AVA, there are 2 commercial loess mixed with flood sediments. vineyards which cover a total of more Prosser soils are generally shallow and After careful review of the petition than 1,800 acres, as well as 1 winery. overlay fractured basalt bedrock. In and the comments received in response The distinguishing features of the comparison, Warden soils are less to Notice No. 196, TTB finds that the proposed Goose Gap AVA are its common in the established Red evidence provided by the petitioner geology and soils. Mountain AVA to the northwest of the supports the establishment of the Goose According to the petition, the proposed AVA, the Horse Heaven Hills Gap AVA. Accordingly, under the proposed AVA is part of a series of AVA (27 CFR 9.188) to the southwest of authority of the FAA Act, section folded hills and valleys collectively the proposed AVA, and in the 1111(d) of the Homeland Security Act of known as the Yakima Fold Belt, which established Yakima Valley AVA that 2002, and parts 4 and 9 of the TTB runs from the Beezely Hills in the north encompasses the proposed AVA. regulations, TTB establishes the ‘‘Goose to the Horse Heaven Hills in the south. Additionally, Scooteney soils comprise Gap’’ AVA in Benton County, The proposed Goose Gap AVA is almost 11 percent of soils in the Washington, effective 30 days from the comprised of two geographic features established Red Mountain AVA, and publication date of this document. with similar viticultural conditions: Ritzville soils comprise almost 30 TTB has also determined that the Goose Gap and the adjoining Goose Hill. percent of the soils in the established Goose Gap AVA will remain part of the Goose Gap and Goose Hill together form Horse Heaven Hills AVA, yet both soil established Columbia Valley AVA. As part of a single folded and faulted block series are completely absent from the discussed in Notice No. 196, the Goose of the Columbia River Basalt. Goose Gap proposed Goose Gap AVA. Gap AVA shares some broad is formed from a syncline, a down- characteristics with the established folded arch in the bedrock that creates Notice of Proposed Rulemaking and Comments Received AVA. For example, elevations within a saddle-like shape, whereas Goose Hill the Goose Gap AVA and the Columbia is formed from an anticline, an arch-like TTB published Notice No. 196 in the Valley AVA are generally below 2,000 structure of basalt that bends upwards Federal Register on October 23, 2020 feet. However, the Goose Gap AVA does to form a ridge and slopes. Goose Gap (85 FR 67469), proposing to establish have some features that differentiate it and Goose Hill both have an east-west the Goose Gap AVA.