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

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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. In the notice, TTB from the Columbia Valley AVA. For orientation, south and southwest slopes summarized the evidence from the instance, the Goose Gap AVA that are too steep for planting, and petition regarding the name, boundary, encompasses a single folded and faulted plantable north and northeast slopes. By and distinguishing features for the block of Columbia River basalt, contrast, the petition states that all of proposed AVA. The notice also characterized by the Goose Gap syncline the ridges and hills in the region compared the distinguishing features of and the adjoining Goose Hill anticline. surrounding the proposed AVA have a the proposed AVA to the surrounding The Columbia Valley AVA, by contrast, northwest-southeast orientation, areas. For a detailed description of the consists of multiple ridges, hills, and plantable south and southwest slopes, evidence relating to the name, valleys within a single broad basin. and north and northeast slopes that are boundary, and distinguishing features of Finally, TTB has also determined that too steep for vineyards. Because the proposed AVA, and for a detailed vineyards in the proposed Goose Gap the Goose Gap AVA will remain part of comparison of the distinguishing AVA are planted on north-and the established Yakima Valley AVA. features of the proposed AVA to the northeast-facing slopes, they receive less The two AVAs share soils that are a surrounding areas, see Notice No. 196. solar radiation than nearby vineyards combination of glacial-flood and planted on south- and southwest-facing In Notice No. 196, TTB solicited windborne soils, including the Warden slopes. As a result, grapes grown in the comments on the accuracy of the name, soil series, and rest on Columbia River proposed AVA typically ripen later than boundary, and other required basalt. However, the Goose Gap AVA is the same varietals grown in the information submitted in support of the unique among the hills of the Yakima neighboring Red Mountain AVA (27 petition. In addition, given the proposed Valley AVA in that it has an east-west CFR 9.167), which is to the northwest of AVA’s location within the Columbia alignment and plantable north and the proposed AVA. Valley and Yakima Valley AVAs, TTB northeast slopes. Additionally, a major Five main soil series comprise almost solicited comments on whether the soil series of the Yakima Valley AVA is 95 percent of the soils in the proposed evidence submitted in the petition the Scooteney–Starbuck soil association. Goose Gap AVA: Warden, Shano, Kiona, regarding the distinguishing features of However, within the Goose Gap AVA, Hezel, and Prosser. The Warden series the proposed AVA sufficiently Scooteney soils are absent, and Starbuck soils, which make up 65 percent of the differentiates it from the established soils comprise less than 2 percent of the proposed AVA, consist of wind-blown AVAs. TTB also requested comments on soils. whether the geographic features of the loess over layered or stratified silts and Boundary Description fine sands, and have rooting depths of proposed AVA are so distinguishable six feet or more with no hardpans or from the Columbia Valley and Yakima See the narrative description of the other root-restrictive layers. Shano soils Valley AVAs that the proposed Goose boundary of the Goose Gap AVA in the constitute seven percent of the proposed Gap AVA should no longer be part of regulatory text published at the end of AVA and are also formed from wind- these established AVAs. The comment this final rule. period closed December 22, 2020. blown loess and are deep soils with low Maps levels of organic material. Kiona soils In response to Notice No. 196, TTB comprise 9 percent of the proposed received one comment. The comment, The petitioners provided the required AVA and are formed in loess and rubble from a local vineyard owner, supported maps, and they are listed below in the from fractured basalt. Hezel soils make the proposed Goose Gap AVA. TTB did regulatory text. The Goose Gap AVA up seven percent of the proposed AVA not receive any comments regarding the boundary may also be viewed on the and are made of windblown sand over location of the proposed AVA within AVA Map Explorer on the TTB website,

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at https://www.ttb.gov/wine/ava-map- administrative requirement. Any benefit (2) Proceed southwesterly along the explorer. derived from the use of an AVA name 700-ft elevation contour to its would be the result of a proprietor’s westernmost point in Section 15, Impact on Current Wine Labels efforts and consumer acceptance of T9N/R27E; then Part 4 of the TTB regulations prohibits wines from that area. Therefore, no (3) Proceed southwesterly in a straight any label reference on a wine that regulatory flexibility analysis is line to intersection of the 700-foot indicates or implies an origin other than required. elevation contour and an unnamed the wine’s true place of origin. For a intermittent stream in Section 16, wine to be labeled with an AVA name Executive Order 12866 T9N/R27E; then or with a brand name that includes an It has been determined that this final AVA name, at least 85 percent of the rule is not a significant regulatory action (4) Proceed southwesterly along the wine must be derived from grapes as defined by Executive Order 12866 of unnamed intermittent stream to its grown within the area represented by September 30, 1993. Therefore, no intersection with the 600-foot elevation that name, and the wine must meet the regulatory assessment is required. contour in Section 20, T9N/R27E; then other conditions listed in 27 CFR Drafting Information (5) Proceed south, then southwesterly 4.25(e)(3). If the wine is not eligible for along the 600-foot elevation contour, Karen A. Thornton of the Regulations labeling with an AVA name and that crossing onto the Webber Canyon map, and Rulings Division drafted this final name appears in the brand name, then for a total of approximately 3 miles to rule. the label is not in compliance and the the intersection of the 600-foot elevation bottler must change the brand name and List of Subjects in 27 CFR Part 9 contour and the western boundary of obtain approval of a new label. Section 27, T9N/R27E; then Similarly, if the AVA name appears in Wine. another reference on the label in a For the reasons discussed in the (6) Proceed south along the western misleading manner, the bottler would preamble, TTB amends title 27, chapter boundary of Section 27 to its have to obtain approval of a new label. I, part 9, Code of Federal Regulations, as intersection with the railroad tracks; Different rules apply if a wine has a follows: then brand name containing an AVA name (7) Proceed southeasterly along the that was used as a brand name on a PART 9—AMERICAN VITICULTURAL railroad tracks, crossing onto the Badger label approved before July 7, 1986. See AREAS Mountain map, and continuing along 27 CFR 4.39(i)(2) for details. ■ 1. The authority citation for part 9 the railroad tracks for a total of With the establishment of the Goose continues to read as follows: approximately 3 miles to the Gap AVA, its name, ‘‘Goose Gap,’’ will intersection of the railroad tracks with be recognized as a name of viticultural Authority: 27 U.S.C. 205. Dallas Road in Section 36, T9N/R27E; significance under § 4.39(i)(3) of the then TTB regulations (27 CFR 4.39(i)(3)). The Subpart C—Approved American Viticultural Areas AREAS (8) Proceed east, then north along text of the regulations clarifies this Dallas Road for approximately 2 miles point. Consequently, wine bottlers using ■ 2. Subpart C is amended by adding to its intersection with Interstate 182 in the name ‘‘Goose Gap’’ in a brand name, § 9.277 to read as follows: Section 20, T9N/R28E; then including a trademark, or in another label reference as to the origin of the § 9.277 Goose Gap. (9) Proceed west along Interstate 182 wine, will have to ensure that the (a) Name. The name of the viticultural and onto the ramp to Interstate 82, and product is eligible to use the AVA name area described in this section is ‘‘Goose continue northwesterly along Interstate as an appellation of origin. Gap’’. For purposes of part 4 of this 82, crossing over the southwestern The establishment of the Goose Gap chapter, ‘‘Goose Gap’’ is a term of corner of the Richland map and onto the AVA will not affect the existing viticultural significance. Benton City map, to the intersection of Columbia Valley or Yakima Valley (b) Approved maps. The 4 United Interstate 82 and an intermittent stream AVAs, and any bottlers using States Geological Survey (USGS) in Section 13, T9N/R27E; then ‘‘Columbia Valley’’ or ‘‘Yakima Valley’’ 1:24,000 scale topographic maps used to (10) Proceed northwesterly along the as an appellation of origin or in a brand determine the boundary of the Goose intermittent stream to its intersection name for wines made from grapes grown Gap viticultural area are titled: with E. Kennedy Road NE in Section 13, within the Columbia Valley or Yakima (1) Benton City, WA, 2017; T9N/R27E; then Valley AVAs will not be affected by the (2) Richland, WA, 2017; (11) Proceed north in a straight line to establishment of this new AVA. The (3) Badger Mountain, WA, 2017; and the northern boundary of Section 13, establishment of the Goose Gap AVA (4) Webber Canyon, WA, 2017. will allow vintners to use ‘‘Goose Gap’’, (c) Boundary. The Goose Gap T9N/R27E; then ‘‘Yakima Valley,’’ and ‘‘Columbia viticultural area is located in Benton (12) Proceed westerly along the Valley’’ as appellations of origin for County, Washington. The boundary of northern boundaries of Sections 13 and wines made primarily from grapes the Goose Gap viticultural area is as 14, returning to the beginning point. grown within the Goose Gap AVA if the described in paragraphs (c)(1) through Signed: June 21, 2021. wines meet the eligibility requirements (12) of this section: Mary G. Ryan, for the appellation. (1) The beginning point is on the Administrator. Benton City map at the intersection of Regulatory Flexibility Act Sections 10, 11, 15, and 14, T9N/R27E. Approved: June 21, 2021. TTB certifies that this regulation will From the beginning point, proceed Timothy E. Skud, not have a significant economic impact southwesterly in a straight line for Deputy Assistant Secretary (Tax, Trade, and on a substantial number of small approximately 250 feet to the 700-foot Tariff Policy). entities. The regulation imposes no new elevation contour in Section 15, [FR Doc. 2021–14047 Filed 6–30–21; 8:45 am] reporting, recordkeeping, or other T9N/R27E; then BILLING CODE 4810–31–P

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