80_FR_34974 80 FR 34857 - Proposed Establishment of the Loess Hills District Viticultural Area

80 FR 34857 - Proposed Establishment of the Loess Hills District Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 80, Issue 117 (June 18, 2015)

Page Range34857-34864
FR Document2015-15037

The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to establish the 12,897-square mile (8,254,151-acre) ``Loess Hills District'' viticultural area in western Iowa and northwestern Missouri. The proposed viticultural area is not located within, nor does it contain, any other established viticultural area. TTB designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. TTB invites comments on this proposed addition to its regulations.

Federal Register, Volume 80 Issue 117 (Thursday, June 18, 2015)
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Proposed Rules]
[Pages 34857-34864]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15037]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2015-0009; Notice No. 153]
RIN 1513-AC20


Proposed Establishment of the Loess Hills District Viticultural 
Area

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to 
establish the 12,897-square mile (8,254,151-acre) ``Loess Hills 
District'' viticultural area in western Iowa and northwestern Missouri. 
The proposed viticultural area is not located within, nor does it 
contain, any other established viticultural area. TTB designates 
viticultural areas to allow vintners to better describe the origin of 
their wines and to allow consumers to better identify wines they may 
purchase. TTB invites comments on this proposed addition to its 
regulations.

DATES: Comments must be received by August 17, 2015.

ADDRESSES: Please send your comments on this proposed rule to one of 
the following addresses (please note that TTB has a new address for 
comments submitted by U.S. mail):
     Internet: http://www.regulations.gov (via the online 
comment form for this proposed rule as posted within Docket No. TTB-
2015-0009 at ``Regulations.gov,'' the Federal e-rulemaking portal);
     U.S. Mail: Director, Regulations and Rulings Division, 
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, 
Washington, DC 20005; or
     Hand delivery/courier in lieu of mail: Alcohol and Tobacco 
Tax and Trade Bureau, 1310 G Street NW., Suite 400, Washington, DC 
20005.
    See the Public Participation section of this proposed rule for 
specific instructions and requirements for submitting comments, and for 
information on how to request a public hearing or view or request 
copies of the petition and supporting materials.

FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act 
pursuant to section 1111(d) of the Homeland Security Act of 2002, 
codified at 6 U.S.C. 531(d). The Secretary has delegated various 
authorities through Treasury Department Order 120-01), dated December 
10, 2013, to the TTB Administrator to perform the functions and duties 
in the administration and enforcement of this law.
    Part 4 of the TTB regulations (27 CFR part 4) authorizes the 
establishment of definitive viticultural areas and the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved AVAs.

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9 
of the regulations, and a name and a delineated boundary, as 
established in part 9 of the regulations. These designations allow 
vintners and consumers to attribute a given quality, reputation, or 
other characteristic of a wine made from grapes grown in an area to the 
wine's geographic origin. The establishment of AVAs allows vintners to 
describe more accurately the origin of their wines to consumers and 
helps consumers to identify wines they may purchase. Establishment of 
an AVA is neither an approval nor an endorsement by TTB of the wine 
produced in that area.

Requirements

    Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2)) 
outlines the procedure for proposing an AVA and provides that any 
interested party

[[Page 34858]]

may petition TTB to establish a grape-growing region as an AVA. Section 
9.12 of the TTB regulations (27 CFR 9.12) prescribes the standards for 
petitions for the establishment or modification of AVAs. Petitions to 
establish an AVA must include the following:
     Evidence that the area within the proposed AVA boundary is 
nationally or locally known by the AVA name specified in the petition;
     An explanation of the basis for defining the boundary of 
the proposed AVA;
     A narrative description of the features of the proposed 
AVA affecting viticulture, such as climate, geology, soils, physical 
features, and elevation, that make the proposed AVA distinctive and 
distinguish it from adjacent areas outside the proposed AVA boundary;
     The appropriate United States Geological Survey (USGS) 
map(s) showing the location of the proposed AVA, with the boundary of 
the proposed AVA clearly drawn thereon; and
     A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

Loess Hills District Petition

    TTB received a petition from Shirley Frederiksen, on behalf of the 
Golden Hills Resource Conservation and Development Inc. and the Western 
Iowa Grape Growers, proposing the establishment of the ``Loess Hills 
District'' AVA in western Iowa and northwestern Missouri. The proposed 
AVA includes all or portions of Fremont, Page, Mills, Montgomery, 
Pottawattamie, Cass, Harrison, Shelby, Audubon, Monoma, Crawford, 
Carroll, Woodbury, Ida, Sac, Plymouth, and Sioux Counties in Iowa, as 
well as portions of Atchison and Holt Counties in Missouri. The 
proposed AVA covers 12,897 square miles (approximately 8,254,151 acres) 
and has 66 commercial vineyards, which cover approximately 112 acres, 
distributed across the proposed AVA. The proposed AVA also has 13 
bonded wineries.
    According to the petition, the distinguishing features of the 
proposed Loess Hills District AVA include its soil, topography, and 
climate. Unless otherwise noted, all information and data pertaining to 
the proposed AVA contained in this proposed rule come from the petition 
for the proposed Loess Hills District AVA and its supporting exhibits.

Name Evidence

    The proposed Loess Hills District AVA derives its name from the 
hills made of extremely thick layers of wind-deposited soil called 
``loess'' that are characteristic of the region. Author Cornelia F. 
Mutel wrote a book about the natural history of the region titled 
Fragile Giants: A Natural History of the Loess Hills,\1\ in which she 
referred to the hills as ``one of North America's gems, possessing 
natural features rarely duplicated elsewhere on the planet.'' In 1999, 
the State of Iowa designated 11,266 acres of land within the region of 
the proposed AVA as the Loess Hills State Forest, with the goal of 
protecting and preserving the unique landforms.
---------------------------------------------------------------------------

    \1\ Cornelia F. Mutel, Fragile Giants: A Natural History of the 
Loess Hills (Iowa City: University of Iowa Press, 1989).
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    The names used by several Federal agencies to refer to the region 
of the proposed AVA contain the words ``loess hills.'' The U.S. 
Department of Agriculture's Natural Resources Conservation Service has 
designated the region as a Major Land Resource Area known as the ``Iowa 
and Missouri Deep Loess Hills.'' The U.S. Environmental Protection 
Agency describes the area of the proposed AVA as the ``Western Loess 
Hills'' eco-region. The U.S. Geological Survey describes the region as 
the ``Loess Hills Regional Landform.'' The Federal Highway 
Administration gave the name ``Loess Hills National Scenic Byway'' to a 
corridor of roads passing through the region of the proposed AVA. 
Finally, the National Park Service has designated 10,000 acres within 
the proposed AVA as the ``Loess Hills National Natural Landmark.''
    Within the proposed Loess Hills District AVA are several 
businesses, organizations, and events that use the words ``loess 
hills'' in their names. Two annual events in Monona County, Iowa, are 
the Loess Hills Prairie Seminar, which teaches children and adults 
about the natural and cultural history of the region, and the Loess 
Hills Tractor Ride. The Loess Hills Wind Farm supplies energy to the 
town of Rock Port, Missouri, which is within the proposed AVA. Council 
Bluffs, Iowa, is the headquarters of the Loess Hills Preservation 
Society, which works to protect the natural resources of western Iowa 
and northwestern Missouri through education, land protection projects, 
sound land use planning, and land acquisition. The city also is served 
by a local chapter of the Red Cross, which is called the Loess Hills 
Red Cross. The Loess Hills Wood Turners, which meets in Glenwood, Iowa, 
is a club for woodworkers who live in southwestern Iowa. The Loess 
Hills Hideaway Cabins and Campground is located near Pisgah, Iowa. 
Finally, Loess Hills Miniatures is a miniature horse farm near Sioux 
City, Iowa.
    Although the region of the proposed Loess Hills District AVA is 
commonly referred to as ``Loess Hills,'' the petitioner proposes adding 
``District'' to the name in order to avoid potentially affecting 
current use of the phrase ``Loess Hills,'' standing alone, in brand 
names on wine labels. TTB agrees that the addition of the word 
``District'' is an acceptable modification for this purpose.

Boundary Evidence

    The proposed Loess Hills District AVA is described in the petition 
as a long, narrow region of loess-formed hills along the western banks 
of the Missouri and Big Sioux Rivers in western Iowa and northwestern 
Missouri. The proposed AVA stretches from the Iowa-South Dakota border 
south to Craig, Missouri, and east to Exira, Iowa. According to the 
petition, the proposed boundary encompasses the regions where the depth 
of the loess is greater than 20 feet, which allows for excellent water 
drainage and vine rooting depth.
    The proposed western boundary follows U.S. Interstate 29 and the 
Big Sioux River and separates the loess-formed hills of the proposed 
AVA from the low, flat alluvial plains along the Missouri River. The 
proposed northern, eastern, and southern boundaries follow a series of 
roads to separate the steep slopes and deep loess of the proposed AVA 
from the more gently rolling landscapes and shallower loess depths of 
the surrounding regions.

Distinguishing Features

    The distinguishing features of the proposed Loess Hills District 
AVA include soil, topography, and climate.
Soil
    The primary distinguishing feature of the proposed Loess Hills 
District AVA is the deep loess soil. Loess is a loose, crumbly soil 
comprised of quartz, feldspar, mica, and other materials. During the 
Ice Age, glaciers ground the underlying rocks into a fine powder called 
``glacial flour.'' When the glaciers melted, the water pushed the 
glacial flour down the Missouri River Valley. When the waters receded, 
the exposed silt dried and was picked up by the prevailing westerly 
winds and re-deposited over broad areas. This windborne silt is called 
``loess.'' The heaviest, coarsest loess particles were deposited close 
to the Missouri River and formed the sharp, high bluffs of the proposed 
Loess Hills District AVA.
    Loess is common throughout the United States, but the loess of the

[[Page 34859]]

proposed AVA is unique because of its depth. Within portions of the 
proposed AVA, the loess reaches depths of 300 feet. According to the 
petition, the only place on Earth where deep loess layers are as 
extensive as those within the proposed AVA is Shaanxi, China. The deep 
loess of the proposed AVA enable roots to extend deep into the soil 
without being stopped by a restrictive barrier such as denser soils or 
bedrock. The lack of a restrictive barrier also allows water to drain 
away from the roots quickly, which reduces the risk of fungal diseases 
and rot.
    The soil within the proposed Loess Hills District AVA typically has 
a high pH value, ranging from 6.9 to 7.3. According to the petition, 
grapes that are grown in soils with high pH levels show fewer leaf 
symptoms of nutrient imbalance and are better to withstand cold winters 
than similar grapes grown in soils with lower pH levels. The petition 
states the higher soil pH levels of the proposed AVA are the reason 
varieties such as Noiret, St. Vincent, Vignole, Traminnette, Chardonel, 
Chambourcin, Cayuga, and Norton are grown successfully within the 
proposed AVA but are not as common in the regions outside the proposed 
AVA. Additionally, grapes grown in soils with high pH levels produce 
must that has lower levels of potassium. Wines produced from grape must 
with high levels of potassium have lower, less desirable acidity levels 
and are more susceptible to microbial attacks than wines made from 
grape must with low levels of potassium.
    To the north, east, and south of the proposed Loess Hills District 
AVA, the depth of loess is less than 20 feet. The soils to the north, 
east, and south of the proposed AVA also contain glacial till, which 
forms a restrictive barrier that prevents excess water from draining as 
rapidly and fully as within the proposed AVA. As a result, artificial 
drainage is more common in vineyards in these regions than inside the 
proposed AVA. To the immediate west of the proposed AVA, the soils are 
primarily formed from alluvium and are poorly drained and subject to 
flooding.
Topography
    The topography of the proposed Loess Hills District AVA is 
characterized by rolling-to-steep hills. Elevations within the proposed 
AVA peak at approximately 1,500 feet on the highest ridgelines, though 
local relief averages approximately 100 feet. Ridge crests are 
primarily oriented in a north-south direction. Erosion by wind and 
water has sculpted the ridge crests into irregular shapes called 
``peaks and saddles,'' and streams have carved steep-sided valleys. In 
places where the soil has become heavily saturated, the soil has 
slipped as a unit to form rows of staircase-like terraces called ``cat 
steps.'' According to the petition, the irregular terrain of the 
proposed AVA has created sheltered niches with warmer temperatures than 
are found outside the proposed AVA. As a result, certain plants are 
able to live hundreds of miles outside their normal ranges, including 
the yucca, which is native to the southwestern States, and the pawpaw 
tree, which is native to the southeastern States.
    The hilly, often steep, landscape affects viticulture within the 
proposed Loess Hills District AVA. The hilly terrain allows cold night 
air to drain off the slopes and away from the vineyards, reducing the 
risk of frost in the late spring and early fall. The steep slopes also 
shed excess water more quickly and completely than surrounding regions 
with flatter terrain, reducing the risk of fungal diseases and rot. 
However, the steepness of the slopes, combined with the loose texture 
of the soil, increases the risk of erosion. To reduce erosion, many 
vineyard owners within the proposed AVA plant their vines in a north-
south alignment, with a slightly eastward slant to optimize the amount 
of sunlight that reaches the vines. Finally, the same warm niches that 
allow plants such as yucca and pawpaw trees to grow in the proposed AVA 
also allow very late ripening grape varieties such as Norton, 
Chambourcin, and Noiret to grow successfully.
    Outside of the proposed Loess Hills District AVA, the local 
topography is generally flatter and lower. To the north, the local 
relief is similar to that of the proposed AVA, but the hills are more 
broadly undulating, and wide, nearly level valley floors are common 
along the large rivers. To the east, the terrain is nearly level to 
gently rolling, and local relief is between 10 and 20 feet. To the 
south of the proposed AVA are rolling hills with broad ridge tops and 
major rivers with nearly level valleys, similar to the topography north 
of the proposed AVA. Local relief south of the proposed AVA is between 
10 and 20 feet, which is lower than that of the proposed AVA. To the 
west of the proposed AVA, the terrain is marked by broad, undulating 
ridges and wide flood plains, and the local relief is between 5 and 30 
feet.
Climate
    The petition compared the temperature of the proposed Loess Hills 
District AVA to the surrounding region. The following table, compiled 
from data in the petition, summarizes the growing season length, first 
and last frost dates, and growing degree day (GDD) \2\ averages for 
locations both within and outside of the proposed AVA.\3\ The locations 
within the proposed AVA are listed from the northernmost location to 
the southernmost location, as are the locations outside the proposed 
AVA.
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    \2\ In the Winkler climate classification system, annual heat 
accumulation during the growing season (April 1 through October 31), 
measured in annual growing degree days (GDDs), defines climatic 
regions. One GDD accumulates for each degree Fahrenheit that a day's 
mean temperature is above 50 degrees, the minimum temperature 
required for grapevine growth. See Albert J. Winkler, General 
Viticulture (Berkeley: University of California Press, 1974), pages 
61-64.
    \3\ The climate date for Iowa and Missouri was gathered from 
climate normals available from the Midwest Regional Climate Center 
(http://mrcc.isws.illinois.edu/climate_midwest/mwclimate_data_summaries.htm). Climate normals are calculated every 
10 years using 30 years of data. At the time the petition was 
submitted, the most recent climate normals available were from the 
period of 1971-2000. The climate data for Nebraska and South Dakota 
was gathered from the High Plains Regional Climate Center (HPRCC) 
(http://www,hprcc.unl.edu/data/historical). The period of the data 
collection on the HPRCC site varies from weather station to weather 
station.

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                                                                                                                       Average length
              Location                   Average date of last spring frost    Average date of first fall frost (base     of growing        Annual GDD
                                                (base 30 degrees F)                        30 degrees F)              season (in days)      averages
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                                                                   Within Proposed AVA
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Sioux City, IA......................  April 19..............................  October 9.............................               173             3,191
Oakland, IA.........................  April 24..............................  October 6.............................               167             3,227
Atlantic, IA........................  April 27..............................  October 6.............................               158             3,174
Tarkio, MO..........................  April 11..............................  October 12............................               182             3,364
                                                                                                                     -----------------------------------

[[Page 34860]]

 
    Average.........................  ......................................  ......................................               170             3,239
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                                                                  North of Proposed AVA
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Rock Rapids, IA.....................  April 28..............................  October 2.............................               158             2,279
Sioux Falls, SD.....................  May 2.................................  September 28..........................               139              2787
                                                                                                                     -----------------------------------
    Average.........................  ......................................  ......................................               149             2,533
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                                                                  East of Proposed AVA
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Sheldon, IA.........................  May 1.................................  October 2.............................               155             2,729
Cherokee, IA........................  May 2.................................  October 4.............................               157             2,866
Rockwell City, IA...................  April 21..............................  October 8.............................               172             3,063
Guthrie Center, IA..................  April 28..............................  October 4.............................               162             3,013
Bedford, IA.........................  April 19..............................  October 10............................               175             3,430
                                                                                                                     -----------------------------------
    Average.........................  ......................................  ......................................               164             3,020
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                                                                  South of Proposed AVA
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Amity, MO...........................  April 12..............................  October 12............................               180             3,516
St. Joseph, MO......................  April 12..............................  October 13............................               188             3,866
                                                                                                                     -----------------------------------
    Average.........................  ......................................  ......................................               184             3,691
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                                                                  West of Proposed AVA
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Wayne, NE...........................  May 7.................................  October 1.............................               147             2,911
West Point, NE......................  May 1.................................  October 9.............................               160             3,337
Fremont, NE.........................  April 30..............................  October 1.............................               162             3,517
Ashland, NE.........................  April 27..............................  October 5.............................               161             3,566
Tecumseh, NE........................  May 3.................................  October 6.............................               155             3,613
                                                                                                                     -----------------------------------
    Average.........................  ......................................  ......................................               157             3,389
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    The proposed Loess Hills District AVA is well-suited for growing 
grape varieties that require a long time to mature. The early last-
spring-frost date allows vines to emerge from their winter dormancy 
early without the risk of a late frost damaging the new growth or buds. 
The late first-fall-frost date ensures ample time for the grapes to 
remain on the vine and achieve full maturity and reach the desired 
levels of acids and sugars. Finally, the GDD average reflects warm 
growing season temperatures that encourage vine growth and fruit 
development.
    To the north and east of the proposed AVA, the growing season is 
shorter and GDDs are fewer, so late-maturing varieties of grapes would 
not grow as successfully in these regions as they do within the 
proposed AVA. West of the proposed AVA, the GDD accumulations are 
higher, but a later last-spring-frost date increases the risk of frost 
damage to new vine growth and buds, and an earlier first-fall-frost 
date poses a risk for grapes that are still ripening late in the 
growing season. The region to the south has both a longer growing 
season and greater GDD accumulations than the proposed AVA, so late-
maturing varieties may ripen too quickly and develop higher levels of 
sugars than desired.
    The petition also included data on the average annual precipitation 
amounts for the proposed Loess Hills District AVA and the surrounding 
regions. The following table was compiled from data in the petition, 
and the data is from the same sources as the data in the previous 
table.

------------------------------------------------------------------------
                                                          Average annual
                                                          precipitation
                        Location                            amount (in
                                                             Inches)
------------------------------------------------------------------------
                           Within Proposed AVA
------------------------------------------------------------------------
Sioux City, IA.........................................            25.99
Oakland, IA............................................            33.53
Atlantic, IA...........................................            34.77
Tarkio, MO.............................................            33.52
                                                        ----------------
    Average............................................            31.95
------------------------------------------------------------------------
                          North of Proposed AVA
------------------------------------------------------------------------
Rock Rapids, IA........................................            27.40
Sioux Falls, SD........................................            25.07
                                                        ----------------
    Average............................................            26.23
------------------------------------------------------------------------
                          East of Proposed AVA
------------------------------------------------------------------------
Sheldon, IA............................................            29.46
Cherokee, IA...........................................            29.03
Rockwell City, IA......................................            31.26
Guthrie Center, IA.....................................            34.71
Bedford, IA............................................            36.35
                                                        ----------------
    Average............................................            32.16
------------------------------------------------------------------------
                          South of Proposed AVA
------------------------------------------------------------------------
Amity, MO..............................................            36.35
St. Joseph, MO.........................................            35.24
                                                        ----------------
    Average............................................            35.79
------------------------------------------------------------------------
                          West of Proposed AVA
------------------------------------------------------------------------
Wayne, NE..............................................            26.35
West Point, NE.........................................            29.18
Fremont, NE............................................            29.29
Ashland, NE............................................            28.50
Tecumseh, NE...........................................            31.79
                                                        ----------------
    Average............................................            29.02
------------------------------------------------------------------------


[[Page 34861]]

    The average annual precipitation amounts within the proposed Loess 
Hills District AVA are higher than the regions to the north and west, 
and lower than the regions to the east and south. The rainfall amounts 
within the proposed AVA provide sufficient moisture for the vines, and 
irrigation is seldom necessary. However, the relatively high rainfall 
amounts increase the risk of erosion within the proposed AVA, due to 
the nature of the loess soils. As a result, vineyards on steep 
hillsides are often planted in a north-south orientation to help hold 
the soil in place and reduce erosion.
Summary of Distinguishing Features
    In summary, the evidence provided in the petition indicates that 
the geographic and climatic features of the proposed Loess Hills 
District AVA distinguish it from the surrounding regions in each 
direction. To the north, east, and south of the proposed AVA, the 
topography is characterized by broadly undulating hills with shallower 
slopes, and the depth of the loess is less than 20 feet. The regions to 
the north and east also have shorter growing seasons with lower 
accumulations of GDDs. To the south of the proposed AVA, the growing 
season is longer and accumulates more GDDs, and precipitation levels 
are higher. The region to the west of the proposed AVA is characterized 
by wide flood plains, alluvial soils, less rainfall, and a shorter 
growing season with higher GDD accumulations.

TTB Determination

    TTB concludes that the petition to establish the 12,897-square mile 
Loess Hills District AVA merits consideration and public comment, as 
invited in this proposed rule.

Boundary Description

    See the narrative description of the boundary of the petitioned-for 
AVA in the proposed regulatory text published at the end of this 
proposed rule.

Maps

    The petitioner provided the required maps, and they are listed 
below in the proposed regulatory text.

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 wine's true 
place of origin. For a wine to be labeled with 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 Sec.  4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)). 
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 Sec.  4.39(i)(2) of the TTB regulations (27 CFR 
4.39(i)(2)) for details.
    If TTB establishes this proposed AVA, its name, ``Loess Hills 
District,'' will be recognized as a name of viticultural significance 
under Sec.  4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The 
text of the proposed regulation clarifies this point. Consequently, if 
this proposed rule is adopted as a final rule, wine bottlers using the 
name ``Loess Hills District'' in a brand name, including a trademark, 
or in another label reference as to the origin of the wine, would have 
to ensure that the product is eligible to use the AVA name as an 
appellation of origin. TTB is not proposing ``Loess Hills,'' standing 
alone, as a term of viticultural significance if the proposed AVA is 
established, in order to avoid a potential conflict with a current 
label holder. Accordingly, the proposed part 9 regulatory text set 
forth in this document specifies only the full name ``Loess Hills 
District'' as a term of viticultural significance for purposes of part 
4 of the TTB regulations.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether it should establish the proposed AVA. TTB is also interested in 
receiving comments on the sufficiency and accuracy of the name, 
boundary, soils, climate, and other required information submitted in 
support of the petition. Please provide any available specific 
information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Loess Hills District AVA on wine labels that include the term 
``Loess Hills District,'' as discussed above under Impact on Current 
Wine Labels, TTB is particularly interested in comments regarding 
whether there will be a conflict between the proposed area name and 
currently used brand names. If a commenter believes that a conflict 
will arise, the comment should describe the nature of that conflict, 
including any anticipated negative economic impact that approval of the 
proposed AVA will have on an existing viticultural enterprise. TTB is 
also interested in receiving suggestions for ways to avoid conflicts, 
for example, by adopting a modified or different name for the AVA.

Submitting Comments

    You may submit comments on this proposed rule by using one of the 
following three methods (please note that TTB has a new address for 
comments submitted by U.S. Mail):
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this proposed rule within Docket No. 
TTB-2015-0009 on ``Regulations.gov,'' the Federal e-rulemaking portal, 
at http://www.regulations.gov. A direct link to that docket is 
available under Notice No. 153 on the TTB Web site at  http://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be 
attached to comments submitted via Regulations.gov. For complete 
instructions on how to use Regulations.gov, visit the site and click on 
the ``Help'' tab.
     U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
     Hand Delivery/Courier: You may hand-carry your comments or 
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau, 
1310 G Street NW., Suite 400, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
proposed rule. Your comments must reference Notice No. 153 and include 
your name and mailing address. Your comments also must be made in 
English, be legible, and be written in language acceptable for public 
disclosure. TTB does not acknowledge receipt of comments, and TTB 
considers all comments as originals.
    In your comment, please clearly indicate if you are commenting on 
your own behalf or on behalf of an association, business, or other 
entity. If you are commenting on behalf of an entity, your comment must 
include the entity's name, as well as your name and position title. If 
you comment via Regulations.gov, please enter the entity's name in the 
``Organization'' blank of the online comment form. If you comment via 
postal mail or hand delivery/courier, please submit your entity's 
comment on letterhead.

[[Page 34862]]

    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine whether to hold a public hearing.

Confidentiality

    All submitted comments and attachments are part of the public 
record and subject to disclosure. Do not enclose any material in your 
comments that you consider to be confidential or inappropriate for 
public disclosure.

Public Disclosure

    TTB will post, and you may view, copies of this proposed rule, 
selected supporting materials, and any online or mailed comments 
received about this proposal within Docket No. TTB-2015-0009 on the 
Federal e-rulemaking portal, Regulations.gov, at http://www.regulations.gov. A direct link to that docket is available on the 
TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under 
Notice No. 153. You may also reach the relevant docket through the 
Regulations.gov search page at http://www.regulations.gov. For 
information on how to use Regulations.gov, click on the site's ``Help'' 
tab.
    All posted comments will display the commenter's name, organization 
(if any), city, and State, and, in the case of mailed comments, all 
address information, including email addresses. TTB may omit voluminous 
attachments or material that the Bureau considers unsuitable for 
posting.
    You may also view copies of this proposed rule, all related 
petitions, maps and other supporting materials, and any electronic or 
mailed comments that TTB receives about this proposal by appointment at 
the TTB Information Resource Center, 1310 G Street NW., Washington, DC 
20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page. 
Please note that TTB is unable to provide copies of USGS maps or any 
similarly-sized documents that may be included as part of the AVA 
petition. Contact TTB's information specialist at the above address or 
by telephone at 202-453-2270 to schedule an appointment or to request 
copies of comments or other materials.

Regulatory Flexibility Act

    TTB certifies that this proposed regulation, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The proposed regulation imposes no new reporting, 
recordkeeping, or other administrative requirement. Any benefit derived 
from the use of an AVA name would be the result of a proprietor's 
efforts and consumer acceptance of wines from that area. Therefore, no 
regulatory flexibility analysis is required.

Executive Order 12866

    It has been determined that this proposed rule is not a significant 
regulatory action as defined by Executive Order 12866 of September 30, 
1993. Therefore, no regulatory assessment is required.

Drafting Information

    Karen A. Thornton of the Regulations and Rulings Division drafted 
this proposed rule.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, TTB proposes to amend 
title 27, chapter I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Subpart C is amended by adding Sec.  9.___ to read as follows:


Sec.  9.____  Loess Hills District.

    (a) Name. The name of the viticultural area described in this 
section is ``Loess Hills District''. For purposes of part 4 of this 
chapter, ``Loess Hills District'' is a term of viticultural 
significance.
    (b) Approved maps. The 13 United States Geological Survey (USGS) 
1:100,000 scale topographic maps used to determine the boundary of the 
Loess Hills District viticultural area are titled:
    (1) Rock Rapids, Iowa-South Dakota, 1985;
    (2) Sioux City North, Iowa- South Dakota-Nebraska, 1986; 
photoinspected 1990;
    (3) Storm Lake, Iowa, 1985; photoinspected 1990;
    (4) Ida Grove, Iowa, 1985; photoinspected 1990;
    (5) Carroll, Iowa, 1993;
    (6) Guthrie Center, Iowa, 1993;
    (7) Creston, Iowa, 1993;
    (8) Omaha, Nebraska-Iowa, 1985; photoinspected, 1990;
    (9) Nebraska City, Nebraska-Iowa-Missouri, 1993;
    (10) Falls City, Nebraska-Missouri, 1986; photoinspected 1991;
    (11) Harlan, Iowa-Nebraska, 1980;
    (12) Blair, Nebraska-Iowa, 1986; photoinspected 1988; and
    (13) Sioux City South, Iowa-Nebraska South Dakota, 1986; 
photoinspected 1990.
    (c) Boundary. The Loess Hills District viticultural area is located 
in Fremont, Page, Mills, Montgomery, Pottawattamie, Cass, Harrison, 
Shelby, Audubon, Monona, Crawford, Carroll, Woodbury, Ida, Sac, 
Plymouth, and Sioux Counties in western Iowa and Atchison and Holt 
Counties in northwestern Missouri. The boundary of the Loess Hills 
District viticultural area is as described below:
    (1) The beginning point is on the Rock Rapids, Iowa-South Dakota 
map, in Sioux County, Iowa, at the intersection of the Big Sioux River 
and an unnamed road known locally as County Road B30 (360th Street), 
east of Hudson, South Dakota. From the beginning point, proceed east on 
County Road B30 approximately 3 miles to a road known locally as County 
Road K22 (Coolidge Avenue); then
    (2) Proceed south on County Road K22 approximately 3 miles to a 
road known locally as County Road B40 (390th Street); then
    (3) Proceed east on County Road B40 approximately 4 miles to a road 
known locally as County Road K30 (Eagle Avenue); then
    (4) Proceed south on County Road K30 approximately 13.1 miles, 
crossing onto the Sioux City North, Iowa-South Dakota-Nebraska map and 
continuing into Plymouth County, Iowa, to a road known locally as 
County Road C12 (110th Street), at Craig, Iowa; then
    (5) Proceed east on County Road C12 approximately 2 miles to a road 
known locally as County Road K42 (Jade Avenue), at the marked 436-meter 
elevation point; then
    (6) Proceed south on County Road K42 approximately 10 miles to a 
road known locally as County Road C38; then
    (7) Proceed east on County Road C38 approximately 6.4 miles to a 
road known locally as County Road K49 (7th Avenue SE), approximately 2 
miles south of La Mars, Iowa; then
    (8) Proceed south on County Road K49 approximately 4 miles to a 
road known locally as County Road C44 (230th Street); then
    (9) Proceed east on County Road C44 approximately 5 miles to a road 
known locally as County Road K64 (Oyens Avenue); then
    (10) Proceed south on County Road K64 approximately 4.1 miles to a 
road known locally as County Road C60 (290th Street); then

[[Page 34863]]

    (11) Proceed east on County Road C60 approximately 5 miles, 
crossing onto the Storm Lake, Iowa map, to State Highway 140; then
    (12) Proceed south on State Highway 140 approximately 3.2 miles to 
a road known locally as County Road L14 (Knox Avenue) in Kingsley, 
Iowa; then
    (13) Proceed south on County Road L14 approximately 2.7 miles, 
crossing into Woodbury County, Iowa, to a road known locally as County 
Road D12 (110th Street); then
    (14) Proceed east on County Road D12 approximately 5 miles to a 
road known locally as County Road L25 (Minnesota Avenue) near Pierson, 
Iowa; then
    (15) Proceed south on County Road L25 approximately 4.5 miles, 
crossing onto the Ida Grove, Iowa map, to U.S. Highway 20; then
    (16) Proceed east on U.S. Highway 20 approximately 22.5 miles, 
crossing into Ida County, Iowa, to a road known locally as County Road 
M25 (Market Avenue); then
    (17) Proceed south on County Road M25 approximately 9.8 miles to 
State Highway 175 east of Ida Grove, Iowa; then
    (18) Proceed east on State Highway 175 approximately 4.1 miles to a 
road known locally as Country Highway M31 (Quail Avenue) near Arthur, 
Iowa; then
    (19) Proceed south on Country Highway M31 approximately 4.4 miles 
to a road known locally as County Road D59 (300th Street); then
    (20) Proceed east on County Road D59 approximately 13 miles, 
crossing into Sac County, Iowa, to a road known locally as County Road 
M64 (Needham Avenue/Center Street) at Wall Lake, Iowa; then
    (21) Proceed south on County Road M64 approximately 6.2 miles to a 
road known locally as County Road E16 (120th Street); then
    (22) Proceed east into Carroll County, Iowa, on County Road E16 
approximately 6 miles, crossing onto the Carroll, Iowa map, to Breda, 
Iowa, and then continue east on State Highway 217 (East Main Street) 
approximately 5 miles to U.S. Highway 71; then
    (23) Proceed south on U.S. Highway 71 approximately 3 miles to a 
road known locally as County Road E26 (140th Street); then
    (24) Proceed east on County Road E26 approximately 5 miles to a 
road known locally as County Road N38 (Quail Avenue); then
    (25) Proceed south on County Road N38 approximately 5 miles to U.S. 
Highway 30 (Lincoln Highway); then
    (26) Proceed east on U.S. Highway 30 approximately 3 miles to a 
road known locally as County Road N44 (Colorado Street) in Glidden, 
Iowa; then
    (27) Proceed south on County Road N44 approximately 8 miles, 
crossing onto the Guthrie Center, Iowa map, to a road known locally as 
County Road E57 (280th Street); then
    (28) Proceed east on County Road E57 approximately 2 miles to a 
road known locally as County Road N44 (Velvet Avenue); then
    (29) Proceed south on County Road N44 approximately 5.4 miles to 
State Highway 141 (330th Street) at Coon Rapids, Iowa; then
    (30) Proceed west on State Highway 141 approximately 12 miles to 
U.S. Highway 71 at Lynx Avenue southeast of Templeton, Iowa; then
    (31) Proceed south on U.S. Highway 71 approximately 35.9 miles, 
crossing into Audubon County, Iowa, and then Cass County, Iowa, and 
onto the Creston, Iowa map, to U.S. Highway 6/State Highway 83 east of 
Atlantic, Iowa; then
    (32) Proceed west, then southwest, then west on U.S. Highway 6 
approximately 18.9 miles, crossing onto the Omaha, Nebraska-Iowa map 
and into Pottawattamie County, Iowa, to a road known locally as County 
Road M47 (500th Street) approximately 1 mile west of Walnut Creek; then
    (33) Proceed south on County Road M47 approximately 12 miles, 
crossing into Montgomery County, Iowa to a road known locally as County 
Road H12 (110th Street); then
    (34) Proceed west on County Road H12 approximately 8.9 miles, 
crossing into Mills County, Iowa, to U.S. Highway 59; then
    (35) Proceed south on U.S. Highway 59 approximately 20.2 miles, 
crossing onto the Nebraska City, Nebraska-Iowa-Missouri map and into 
Page County, Iowa, to a road known locally as County Road J14 (130th 
Street); then
    (36) Proceed east on County Road J14 approximately 4 miles to a 
road known locally as County Road M41 (D Avenue); then
    (37) Proceed south on County Road M41 approximately 1.7 miles to 
State Highway 48 at Essex, Iowa; then
    (38) Proceed northeast then east on State Highway 48 approximately 
1.2 miles to a road known locally as County Road M41 (E Avenue); then
    (39) Proceed south on County Road M41 approximately 7 miles to 
State Highway 2 (210th Street); then
    (40) Proceed east on State Highway 2 approximately 8 miles to a 
road known locally as M Avenue; then
    (41) Proceed south on M Avenue, then east on a road known locally 
as County Road M60 (Maple Avenue), approximately 6.4 total miles, to a 
road known locally as County Road J52 (270th Street); then
    (42) Proceed south in a straight line approximately 3.5 miles to 
the intersection of 304th Street and Maple Avenue (approximately 1.2 
mile southwest of College Springs, Iowa), and then continue south on 
Maple Avenue for 0.5 mile to a road known locally as County Road J64 
(310th Street); then
    (43) Proceed west on County Road J64 approximately 4.5 miles to a 
road known locally as County Road M48 (Hackberry Avenue); then
    (44) Proceed south on County Road M48 approximately 1.2 miles to 
the Iowa-Missouri State line at Blanchard, Iowa, and, crossing into 
Atchison County, Missouri, where County Road M48 becomes State Road M, 
and continue generally south on State Road M approximately 11.2 miles, 
crossing onto the Falls City, Nebraska-Missouri map, to U.S. Highway 
136; then
    (45) Proceed west on U.S. Highway 136 approximately 1 mile to State 
Road N; then
    (46) Proceed south on State Road N 15 miles, crossing into Holt 
County, Missouri, to State Road C; then
    (47) Proceed west then south on State Road C approximately 3 miles 
to U.S. Highway 59; then
    (48) Proceed northwest on U.S. Highway 59 approximately 2 miles to 
the highway's first intersection with Interstate Highway 29 near Craig, 
Missouri; then
    (49) Proceed generally north along Interstate Highway 29, crossing 
into Atchison County, Missouri, and onto the Nebraska City, Nebraska-
Iowa-Missouri map, and continuing into Freemont County and Mills 
County, Iowa, then crossing onto the Omaha, Nebraska-Iowa map and into 
Pottawattamie County, Iowa; then crossing onto the Harlan, Iowa-
Nebraska map and into Harrison County, Iowa; then continuing onto the 
Blair, Nebraska-Iowa map and into Monona County, Iowa; then crossing 
onto the Sioux City South, Iowa-Nebraska-South Dakota Map and into 
Woodbury County for a total of approximately 185 miles, to the 
intersection of Interstate Highway 29 with the Big Sioux River at Sioux 
City, Iowa; then
    (50) Proceed generally north (upstream) along the meandering Big 
Sioux River, crossing onto the Sioux City North, Iowa-South Dakota-
Nebraska map and into Plymouth County and Sioux County, Iowa, and 
continuing onto the Rock Rapids, Iowa-South Dakota map for a total of 
approximately 50 miles, returning to the beginning point.


[[Page 34864]]


    Signed: June 11, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-15037 Filed 6-17-15; 8:45 am]
 BILLING CODE 4810-31-P



                                                                                Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules                                             34857

                                                      5203, Internal Revenue Service, P.O.                      DEPARTMENT OF THE TREASURY                             Background on Viticultural Areas
                                                      Box 7604, Ben Franklin Station,                                                                                  TTB Authority
                                                      Washington, DC 20044. Submissions                         Alcohol and Tobacco Tax and Trade
                                                      may be hand-delivered Monday through                      Bureau                                                    Section 105(e) of the Federal Alcohol
                                                      Friday between the hours of 8 a.m. and                                                                           Administration Act (FAA Act), 27
                                                      4 p.m. to CC:PA:LPD:PR (REG–132634–                       27 CFR Part 9                                          U.S.C. 205(e), authorizes the Secretary
                                                                                                                                                                       of the Treasury to prescribe regulations
                                                      14), Courier’s Desk, Internal Revenue                     [Docket No. TTB–2015–0009; Notice No.                  for the labeling of wine, distilled spirits,
                                                      Service, 1111 Constitution Avenue NW.,                    153]                                                   and malt beverages. The FAA Act
                                                      Washington, DC, or sent electronically,                                                                          provides that these regulations should,
                                                      via the Federal eRulemaking Portal at                     RIN 1513–AC20
                                                                                                                                                                       among other things, prohibit consumer
                                                      www.regulations.gov (IRS REG–132634–                                                                             deception and the use of misleading
                                                                                                                Proposed Establishment of the Loess
                                                      14). FOR FURTHER INFORMATION CONTACT:                     Hills District Viticultural Area                       statements on labels and ensure that
                                                      Caroline E. Hay at (202) 317–5279 (not                                                                           labels provide the consumer with
                                                      a toll free number).                                      AGENCY: Alcohol and Tobacco Tax and                    adequate information as to the identity
                                                                                                                Trade Bureau, Treasury.                                and quality of the product. The Alcohol
                                                      SUPPLEMENTARY INFORMATION:
                                                                                                                ACTION: Notice of proposed rulemaking.                 and Tobacco Tax and Trade Bureau
                                                      Background                                                                                                       (TTB) administers the FAA Act
                                                                                                                SUMMARY:   The Alcohol and Tobacco Tax                 pursuant to section 1111(d) of the
                                                        The notice of proposed rulemaking                       and Trade Bureau (TTB) proposes to                     Homeland Security Act of 2002,
                                                      (REG–132634–14) that is the subject of                    establish the 12,897-square mile                       codified at 6 U.S.C. 531(d). The
                                                      these corrections is under section                        (8,254,151-acre) ‘‘Loess Hills District’’              Secretary has delegated various
                                                      7704(d)(1)(E) of the Internal Revenue                     viticultural area in western Iowa and                  authorities through Treasury
                                                      Code.                                                     northwestern Missouri. The proposed                    Department Order 120–01), dated
                                                                                                                viticultural area is not located within,               December 10, 2013, to the TTB
                                                      Need for Correction                                       nor does it contain, any other                         Administrator to perform the functions
                                                        As published in the Federal Register                    established viticultural area. TTB                     and duties in the administration and
                                                      on Wednesday, May 6, 2015 (80 FR                          designates viticultural areas to allow                 enforcement of this law.
                                                                                                                vintners to better describe the origin of                 Part 4 of the TTB regulations (27 CFR
                                                      25970), the notice of proposed
                                                                                                                their wines and to allow consumers to                  part 4) authorizes the establishment of
                                                      rulemaking (REG–132634–14) contains
                                                                                                                better identify wines they may                         definitive viticultural areas and the use
                                                      errors that may prove to be misleading                    purchase. TTB invites comments on this
                                                      and are in need of clarification.                                                                                of their names as appellations of origin
                                                                                                                proposed addition to its regulations.                  on wine labels and in wine
                                                      Correction of Publication                                 DATES: Comments must be received by                    advertisements. Part 9 of the TTB
                                                                                                                August 17, 2015.                                       regulations (27 CFR part 9) sets forth
                                                         Accordingly, the notice of proposed                                                                           standards for the preparation and
                                                                                                                ADDRESSES: Please send your comments
                                                      rulemaking (REG–132634–14), that was                                                                             submission of petitions for the
                                                                                                                on this proposed rule to one of the
                                                      the subject of FR Doc. 2015–10592, is                     following addresses (please note that                  establishment or modification of
                                                      corrected as follows:                                     TTB has a new address for comments                     American viticultural areas (AVAs) and
                                                         1. On page 25972, in the preamble,                     submitted by U.S. mail):                               lists the approved AVAs.
                                                      first column, under paragraph heading                        • Internet: http://www.regulations.gov              Definition
                                                      ‘‘D. Processing or Refining’’, sixteenth                  (via the online comment form for this
                                                                                                                proposed rule as posted within Docket                    Section 4.25(e)(1)(i) of the TTB
                                                      line from the bottom of the first
                                                                                                                No. TTB–2015–0009 at                                   regulations (27 CFR 4.25(e)(1)(i)) defines
                                                      paragraph, the language ‘‘with Rev. Rul.
                                                                                                                ‘‘Regulations.gov,’’ the Federal e-                    a viticultural area for American wine as
                                                      87–56 (1987–2 CB 27)’’ is corrected to                                                                           a delimited grape-growing region having
                                                      read ‘‘with Rev. Proc. 87–56 (1987–2 CB                   rulemaking portal);
                                                                                                                   • U.S. Mail: Director, Regulations and              distinguishing features, as described in
                                                      674)’’.                                                                                                          part 9 of the regulations, and a name
                                                                                                                Rulings Division, Alcohol and Tobacco
                                                      § 1.7704–4       [Corrected]                              Tax and Trade Bureau, 1310 G Street                    and a delineated boundary, as
                                                                                                                NW., Box 12, Washington, DC 20005; or                  established in part 9 of the regulations.
                                                         2. On Page 25975, first column, the                                                                           These designations allow vintners and
                                                                                                                   • Hand delivery/courier in lieu of
                                                      fifteenth and sixteenth lines of                                                                                 consumers to attribute a given quality,
                                                                                                                mail: Alcohol and Tobacco Tax and
                                                      paragraph (c)(5)(i), the language                                                                                reputation, or other characteristic of a
                                                                                                                Trade Bureau, 1310 G Street NW., Suite
                                                      ‘‘activity in accordance with Rev. Rul.                                                                          wine made from grapes grown in an area
                                                                                                                400, Washington, DC 20005.
                                                      87–56, 1987–2 CB 27 (see’’ is corrected                      See the Public Participation section of             to the wine’s geographic origin. The
                                                      to read ‘‘activity in accordance with                     this proposed rule for specific                        establishment of AVAs allows vintners
                                                      Rev. Proc. 87–56, 1987–2 CB 674 (see’’.                   instructions and requirements for                      to describe more accurately the origin of
                                                                                                                submitting comments, and for                           their wines to consumers and helps
                                                      Martin V. Franks,                                                                                                consumers to identify wines they may
                                                      Chief, Publications and Regulations Branch,
                                                                                                                information on how to request a public
                                                                                                                hearing or view or request copies of the               purchase. Establishment of an AVA is
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                      Legal Processing Division, Associate Chief                                                                       neither an approval nor an endorsement
                                                      Counsel (Procedure and Administration).                   petition and supporting materials.
                                                                                                                                                                       by TTB of the wine produced in that
                                                      [FR Doc. 2015–14467 Filed 6–17–15; 8:45 am]               FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                       area.
                                                      BILLING CODE 4830–01–P
                                                                                                                Karen A. Thornton, Regulations and
                                                                                                                Rulings Division, Alcohol and Tobacco                  Requirements
                                                                                                                Tax and Trade Bureau, 1310 G Street                      Section 4.25(e)(2) of the TTB
                                                                                                                NW., Box 12, Washington, DC 20005;                     regulations (27 CFR 4.25(e)(2)) outlines
                                                                                                                phone 202–453–1039, ext. 175.                          the procedure for proposing an AVA
                                                                                                                SUPPLEMENTARY INFORMATION:                             and provides that any interested party


                                                 VerDate Sep<11>2014     14:59 Jun 17, 2015   Jkt 235001   PO 00000   Frm 00015   Fmt 4702   Sfmt 4702   E:\FR\FM\18JNP1.SGM   18JNP1


                                                      34858                   Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules

                                                      may petition TTB to establish a grape-                  deposited soil called ‘‘loess’’ that are               Hills Miniatures is a miniature horse
                                                      growing region as an AVA. Section 9.12                  characteristic of the region. Author                   farm near Sioux City, Iowa.
                                                      of the TTB regulations (27 CFR 9.12)                    Cornelia F. Mutel wrote a book about                      Although the region of the proposed
                                                      prescribes the standards for petitions for              the natural history of the region titled               Loess Hills District AVA is commonly
                                                      the establishment or modification of                    Fragile Giants: A Natural History of the               referred to as ‘‘Loess Hills,’’ the
                                                      AVAs. Petitions to establish an AVA                     Loess Hills,1 in which she referred to the             petitioner proposes adding ‘‘District’’ to
                                                      must include the following:                             hills as ‘‘one of North America’s gems,                the name in order to avoid potentially
                                                        • Evidence that the area within the                   possessing natural features rarely                     affecting current use of the phrase
                                                      proposed AVA boundary is nationally                     duplicated elsewhere on the planet.’’ In               ‘‘Loess Hills,’’ standing alone, in brand
                                                      or locally known by the AVA name                        1999, the State of Iowa designated                     names on wine labels. TTB agrees that
                                                      specified in the petition;                              11,266 acres of land within the region                 the addition of the word ‘‘District’’ is an
                                                        • An explanation of the basis for                     of the proposed AVA as the Loess Hills                 acceptable modification for this
                                                      defining the boundary of the proposed                   State Forest, with the goal of protecting              purpose.
                                                      AVA;                                                    and preserving the unique landforms.
                                                        • A narrative description of the                         The names used by several Federal                   Boundary Evidence
                                                      features of the proposed AVA affecting                  agencies to refer to the region of the                    The proposed Loess Hills District
                                                      viticulture, such as climate, geology,                  proposed AVA contain the words ‘‘loess                 AVA is described in the petition as a
                                                      soils, physical features, and elevation,                hills.’’ The U.S. Department of                        long, narrow region of loess-formed hills
                                                      that make the proposed AVA distinctive                  Agriculture’s Natural Resources                        along the western banks of the Missouri
                                                      and distinguish it from adjacent areas                  Conservation Service has designated the                and Big Sioux Rivers in western Iowa
                                                      outside the proposed AVA boundary;                      region as a Major Land Resource Area                   and northwestern Missouri. The
                                                        • The appropriate United States                       known as the ‘‘Iowa and Missouri Deep                  proposed AVA stretches from the Iowa–
                                                      Geological Survey (USGS) map(s)                         Loess Hills.’’ The U.S. Environmental                  South Dakota border south to Craig,
                                                      showing the location of the proposed                    Protection Agency describes the area of                Missouri, and east to Exira, Iowa.
                                                      AVA, with the boundary of the                           the proposed AVA as the ‘‘Western                      According to the petition, the proposed
                                                      proposed AVA clearly drawn thereon;                     Loess Hills’’ eco-region. The U.S.                     boundary encompasses the regions
                                                      and                                                     Geological Survey describes the region                 where the depth of the loess is greater
                                                        • A detailed narrative description of                 as the ‘‘Loess Hills Regional Landform.’’              than 20 feet, which allows for excellent
                                                      the proposed AVA boundary based on                      The Federal Highway Administration                     water drainage and vine rooting depth.
                                                      USGS map markings.                                      gave the name ‘‘Loess Hills National                      The proposed western boundary
                                                                                                              Scenic Byway’’ to a corridor of roads                  follows U.S. Interstate 29 and the Big
                                                      Loess Hills District Petition
                                                                                                              passing through the region of the                      Sioux River and separates the loess-
                                                         TTB received a petition from Shirley                 proposed AVA. Finally, the National                    formed hills of the proposed AVA from
                                                      Frederiksen, on behalf of the Golden                    Park Service has designated 10,000                     the low, flat alluvial plains along the
                                                      Hills Resource Conservation and                         acres within the proposed AVA as the                   Missouri River. The proposed northern,
                                                      Development Inc. and the Western Iowa                   ‘‘Loess Hills National Natural                         eastern, and southern boundaries follow
                                                      Grape Growers, proposing the                            Landmark.’’                                            a series of roads to separate the steep
                                                      establishment of the ‘‘Loess Hills                         Within the proposed Loess Hills                     slopes and deep loess of the proposed
                                                      District’’ AVA in western Iowa and                      District AVA are several businesses,                   AVA from the more gently rolling
                                                      northwestern Missouri. The proposed                     organizations, and events that use the                 landscapes and shallower loess depths
                                                      AVA includes all or portions of                         words ‘‘loess hills’’ in their names. Two              of the surrounding regions.
                                                      Fremont, Page, Mills, Montgomery,                       annual events in Monona County, Iowa,
                                                      Pottawattamie, Cass, Harrison, Shelby,                                                                         Distinguishing Features
                                                                                                              are the Loess Hills Prairie Seminar,
                                                      Audubon, Monoma, Crawford, Carroll,                     which teaches children and adults about                  The distinguishing features of the
                                                      Woodbury, Ida, Sac, Plymouth, and                       the natural and cultural history of the                proposed Loess Hills District AVA
                                                      Sioux Counties in Iowa, as well as                      region, and the Loess Hills Tractor Ride.              include soil, topography, and climate.
                                                      portions of Atchison and Holt Counties                  The Loess Hills Wind Farm supplies                     Soil
                                                      in Missouri. The proposed AVA covers                    energy to the town of Rock Port,
                                                      12,897 square miles (approximately                      Missouri, which is within the proposed                    The primary distinguishing feature of
                                                      8,254,151 acres) and has 66 commercial                  AVA. Council Bluffs, Iowa, is the                      the proposed Loess Hills District AVA is
                                                      vineyards, which cover approximately                    headquarters of the Loess Hills                        the deep loess soil. Loess is a loose,
                                                      112 acres, distributed across the                       Preservation Society, which works to                   crumbly soil comprised of quartz,
                                                      proposed AVA. The proposed AVA also                     protect the natural resources of western               feldspar, mica, and other materials.
                                                      has 13 bonded wineries.                                 Iowa and northwestern Missouri                         During the Ice Age, glaciers ground the
                                                         According to the petition, the                       through education, land protection                     underlying rocks into a fine powder
                                                      distinguishing features of the proposed                 projects, sound land use planning, and                 called ‘‘glacial flour.’’ When the glaciers
                                                      Loess Hills District AVA include its soil,              land acquisition. The city also is served              melted, the water pushed the glacial
                                                      topography, and climate. Unless                         by a local chapter of the Red Cross,                   flour down the Missouri River Valley.
                                                      otherwise noted, all information and                    which is called the Loess Hills Red                    When the waters receded, the exposed
                                                      data pertaining to the proposed AVA                     Cross. The Loess Hills Wood Turners,                   silt dried and was picked up by the
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                      contained in this proposed rule come                    which meets in Glenwood, Iowa, is a                    prevailing westerly winds and re-
                                                      from the petition for the proposed Loess                club for woodworkers who live in                       deposited over broad areas. This
                                                      Hills District AVA and its supporting                   southwestern Iowa. The Loess Hills                     windborne silt is called ‘‘loess.’’ The
                                                      exhibits.                                               Hideaway Cabins and Campground is                      heaviest, coarsest loess particles were
                                                                                                              located near Pisgah, Iowa. Finally, Loess              deposited close to the Missouri River
                                                      Name Evidence                                                                                                  and formed the sharp, high bluffs of the
                                                       The proposed Loess Hills District                        1 Cornelia F. Mutel, Fragile Giants: A Natural       proposed Loess Hills District AVA.
                                                      AVA derives its name from the hills                     History of the Loess Hills (Iowa City: University of      Loess is common throughout the
                                                      made of extremely thick layers of wind-                 Iowa Press, 1989).                                     United States, but the loess of the


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                                                                                      Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules                                                                             34859

                                                      proposed AVA is unique because of its                                    AVA. As a result, artificial drainage is                                 the risk of erosion. To reduce erosion,
                                                      depth. Within portions of the proposed                                   more common in vineyards in these                                        many vineyard owners within the
                                                      AVA, the loess reaches depths of 300                                     regions than inside the proposed AVA.                                    proposed AVA plant their vines in a
                                                      feet. According to the petition, the only                                To the immediate west of the proposed                                    north-south alignment, with a slightly
                                                      place on Earth where deep loess layers                                   AVA, the soils are primarily formed                                      eastward slant to optimize the amount
                                                      are as extensive as those within the                                     from alluvium and are poorly drained                                     of sunlight that reaches the vines.
                                                      proposed AVA is Shaanxi, China. The                                      and subject to flooding.                                                 Finally, the same warm niches that
                                                      deep loess of the proposed AVA enable                                                                                                             allow plants such as yucca and pawpaw
                                                                                                                               Topography
                                                      roots to extend deep into the soil                                                                                                                trees to grow in the proposed AVA also
                                                      without being stopped by a restrictive                                      The topography of the proposed Loess                                  allow very late ripening grape varieties
                                                      barrier such as denser soils or bedrock.                                 Hills District AVA is characterized by                                   such as Norton, Chambourcin, and
                                                      The lack of a restrictive barrier also                                   rolling-to-steep hills. Elevations within                                Noiret to grow successfully.
                                                      allows water to drain away from the                                      the proposed AVA peak at
                                                                                                                               approximately 1,500 feet on the highest                                     Outside of the proposed Loess Hills
                                                      roots quickly, which reduces the risk of                                                                                                          District AVA, the local topography is
                                                      fungal diseases and rot.                                                 ridgelines, though local relief averages
                                                                                                                               approximately 100 feet. Ridge crests are                                 generally flatter and lower. To the north,
                                                         The soil within the proposed Loess
                                                                                                                               primarily oriented in a north-south                                      the local relief is similar to that of the
                                                      Hills District AVA typically has a high
                                                      pH value, ranging from 6.9 to 7.3.                                       direction. Erosion by wind and water                                     proposed AVA, but the hills are more
                                                      According to the petition, grapes that                                   has sculpted the ridge crests into                                       broadly undulating, and wide, nearly
                                                      are grown in soils with high pH levels                                   irregular shapes called ‘‘peaks and                                      level valley floors are common along the
                                                      show fewer leaf symptoms of nutrient                                     saddles,’’ and streams have carved                                       large rivers. To the east, the terrain is
                                                      imbalance and are better to withstand                                    steep-sided valleys. In places where the                                 nearly level to gently rolling, and local
                                                      cold winters than similar grapes grown                                   soil has become heavily saturated, the                                   relief is between 10 and 20 feet. To the
                                                      in soils with lower pH levels. The                                       soil has slipped as a unit to form rows                                  south of the proposed AVA are rolling
                                                      petition states the higher soil pH levels                                of staircase-like terraces called ‘‘cat                                  hills with broad ridge tops and major
                                                      of the proposed AVA are the reason                                       steps.’’ According to the petition, the                                  rivers with nearly level valleys, similar
                                                      varieties such as Noiret, St. Vincent,                                   irregular terrain of the proposed AVA                                    to the topography north of the proposed
                                                      Vignole, Traminnette, Chardonel,                                         has created sheltered niches with                                        AVA. Local relief south of the proposed
                                                      Chambourcin, Cayuga, and Norton are                                      warmer temperatures than are found                                       AVA is between 10 and 20 feet, which
                                                      grown successfully within the proposed                                   outside the proposed AVA. As a result,                                   is lower than that of the proposed AVA.
                                                      AVA but are not as common in the                                         certain plants are able to live hundreds                                 To the west of the proposed AVA, the
                                                      regions outside the proposed AVA.                                        of miles outside their normal ranges,                                    terrain is marked by broad, undulating
                                                      Additionally, grapes grown in soils with                                 including the yucca, which is native to                                  ridges and wide flood plains, and the
                                                      high pH levels produce must that has                                     the southwestern States, and the                                         local relief is between 5 and 30 feet.
                                                      lower levels of potassium. Wines                                         pawpaw tree, which is native to the                                      Climate
                                                      produced from grape must with high                                       southeastern States.
                                                      levels of potassium have lower, less                                        The hilly, often steep, landscape                                        The petition compared the
                                                      desirable acidity levels and are more                                    affects viticulture within the proposed                                  temperature of the proposed Loess Hills
                                                      susceptible to microbial attacks than                                    Loess Hills District AVA. The hilly                                      District AVA to the surrounding region.
                                                      wines made from grape must with low                                      terrain allows cold night air to drain off                               The following table, compiled from data
                                                      levels of potassium.                                                     the slopes and away from the vineyards,                                  in the petition, summarizes the growing
                                                         To the north, east, and south of the                                  reducing the risk of frost in the late                                   season length, first and last frost dates,
                                                      proposed Loess Hills District AVA, the                                   spring and early fall. The steep slopes                                  and growing degree day (GDD) 2
                                                      depth of loess is less than 20 feet. The                                 also shed excess water more quickly and                                  averages for locations both within and
                                                      soils to the north, east, and south of the                               completely than surrounding regions                                      outside of the proposed AVA.3 The
                                                      proposed AVA also contain glacial till,                                  with flatter terrain, reducing the risk of                               locations within the proposed AVA are
                                                      which forms a restrictive barrier that                                   fungal diseases and rot. However, the                                    listed from the northernmost location to
                                                      prevents excess water from draining as                                   steepness of the slopes, combined with                                   the southernmost location, as are the
                                                      rapidly and fully as within the proposed                                 the loose texture of the soil, increases                                 locations outside the proposed AVA.

                                                                                                                                                                                                                      Average length
                                                                                                                                         Average date of                            Average date of                     of growing         Annual
                                                                                     Location                                            last spring frost                            first fall frost                    season         GDD averages
                                                                                                                                       (base 30 degrees F)                        (base 30 degrees F)                    (in days)

                                                                                                                                                  Within Proposed AVA

                                                      Sioux City, IA ..........................................................      April   19   ...........................   October   9 .......................              173                3,191
                                                      Oakland, IA .............................................................      April   24   ...........................   October   6 .......................              167                3,227
                                                      Atlantic, IA ...............................................................   April   27   ...........................   October   6 .......................              158                3,174
                                                      Tarkio, MO ..............................................................      April   11   ...........................   October   12 .....................               182                3,364
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                         2 In the Winkler climate classification system,                       Winkler, General Viticulture (Berkeley: University                       At the time the petition was submitted, the most
                                                      annual heat accumulation during the growing                              of California Press, 1974), pages 61–64.                                 recent climate normals available were from the
                                                      season (April 1 through October 31), measured in                           3 The climate date for Iowa and Missouri was                           period of 1971–2000. The climate data for Nebraska
                                                      annual growing degree days (GDDs), defines                               gathered from climate normals available from the                         and South Dakota was gathered from the High
                                                      climatic regions. One GDD accumulates for each                           Midwest Regional Climate Center (http://                                 Plains Regional Climate Center (HPRCC) (http://
                                                      degree Fahrenheit that a day’s mean temperature is                       mrcc.isws.illinois.edu/climate_midwest/                                  www,hprcc.unl.edu/data/historical). The period of
                                                      above 50 degrees, the minimum temperature                                mwclimate_data_summaries.htm). Climate normals                           the data collection on the HPRCC site varies from
                                                      required for grapevine growth. See Albert J.                             are calculated every 10 years using 30 years of data.                    weather station to weather station.



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                                                      34860                          Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules

                                                                                                                                                                                                                         Average length
                                                                                                                                        Average date of                            Average date of                         of growing                Annual
                                                                                    Location                                            last spring frost                            first fall frost                        season                GDD averages
                                                                                                                                      (base 30 degrees F)                        (base 30 degrees F)                        (in days)

                                                            Average ............................................................   ........................................   ........................................                   170                 3,239

                                                                                                                                             North of Proposed AVA

                                                      Rock Rapids, IA ......................................................       April 28 ...........................       October 2 .......................                          158                 2,279
                                                      Sioux Falls, SD .......................................................      May 2 .............................        September 28 ................                              139                 2787

                                                            Average ............................................................   ........................................   ........................................                   149                 2,533

                                                                                                                                              East of Proposed AVA

                                                      Sheldon, IA .............................................................    May 1 .............................        October      2 .......................                     155                 2,729
                                                      Cherokee, IA ...........................................................     May 2 .............................        October      4 .......................                     157                 2,866
                                                      Rockwell City, IA .....................................................      April 21 ...........................       October      8 .......................                     172                 3,063
                                                      Guthrie Center, IA ...................................................       April 28 ...........................       October      4 .......................                     162                 3,013
                                                      Bedford, IA ..............................................................   April 19 ...........................       October      10 .....................                      175                 3,430

                                                            Average ............................................................   ........................................   ........................................                   164                 3,020

                                                                                                                                             South of Proposed AVA

                                                      Amity, MO ...............................................................    April 12 ...........................       October 12 .....................                           180                 3,516
                                                      St. Joseph, MO .......................................................       April 12 ...........................       October 13 .....................                           188                 3,866

                                                            Average ............................................................   ........................................   ........................................                   184                 3,691

                                                                                                                                              West of Proposed AVA

                                                      Wayne, NE ..............................................................     May 7 .............................        October      1   .......................                   147                 2,911
                                                      West Point, NE .......................................................       May 1 .............................        October      9   .......................                   160                 3,337
                                                      Fremont, NE ............................................................     April 30 ...........................       October      1   .......................                   162                 3,517
                                                      Ashland, NE ............................................................     April 27 ...........................       October      5   .......................                   161                 3,566
                                                      Tecumseh, NE ........................................................        May 3 .............................        October      6   .......................                   155                 3,613

                                                            Average ............................................................   ........................................   ........................................                   157                 3,389



                                                         The proposed Loess Hills District                                   varieties may ripen too quickly and                                                                                       Average
                                                      AVA is well-suited for growing grape                                   develop higher levels of sugars than                                                                                       annual
                                                      varieties that require a long time to                                  desired.                                                                                    Location                   precipitation
                                                      mature. The early last-spring-frost date                                 The petition also included data on the                                                                                  amount
                                                                                                                                                                                                                                                     (in Inches)
                                                      allows vines to emerge from their winter                               average annual precipitation amounts
                                                      dormancy early without the risk of a late                              for the proposed Loess Hills District                                                        East of Proposed AVA
                                                      frost damaging the new growth or buds.                                 AVA and the surrounding regions. The
                                                      The late first-fall-frost date ensures                                 following table was compiled from data                                       Sheldon, IA .........................              29.46
                                                      ample time for the grapes to remain on                                 in the petition, and the data is from the                                    Cherokee, IA .......................               29.03
                                                      the vine and achieve full maturity and                                 same sources as the data in the previous                                     Rockwell City, IA ................                 31.26
                                                      reach the desired levels of acids and                                  table.                                                                       Guthrie Center, IA ..............                  34.71
                                                      sugars. Finally, the GDD average reflects                                                                                                           Bedford, IA ..........................             36.35
                                                      warm growing season temperatures that                                                                                       Average
                                                      encourage vine growth and fruit                                                                                              annual                        Average .......................             32.16
                                                                                                                                            Location                           precipitation
                                                      development.                                                                                                                amount
                                                         To the north and east of the proposed                                                                                                                           South of Proposed AVA
                                                                                                                                                                                (in Inches)
                                                      AVA, the growing season is shorter and
                                                                                                                                                                                                          Amity, MO ...........................              36.35
                                                      GDDs are fewer, so late-maturing                                                         Within Proposed AVA
                                                                                                                                                                                                          St. Joseph, MO ...................                 35.24
                                                      varieties of grapes would not grow as
                                                      successfully in these regions as they do                               Sioux City, IA ......................                             25.99
                                                                                                                             Oakland, IA .........................                             33.53             Average .......................             35.79
                                                      within the proposed AVA. West of the                                   Atlantic, IA ..........................                           34.77
                                                      proposed AVA, the GDD accumulations                                    Tarkio, MO ..........................                             33.52                      West of Proposed AVA
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                      are higher, but a later last-spring-frost
                                                      date increases the risk of frost damage                                       Average .......................                            31.95      Wayne, NE .........................                26.35
                                                      to new vine growth and buds, and an                                                                                                                 West Point, NE ...................                 29.18
                                                      earlier first-fall-frost date poses a risk for                                         North of Proposed AVA                                        Fremont, NE .......................                29.29
                                                      grapes that are still ripening late in the                                                                                                          Ashland, NE ........................               28.50
                                                                                                                             Rock Rapids, IA ..................                                27.40
                                                      growing season. The region to the south                                Sioux Falls, SD ...................                               25.07      Tecumseh, NE ....................                  31.79
                                                      has both a longer growing season and
                                                      greater GDD accumulations than the                                            Average .......................                            26.23             Average .......................             29.02
                                                      proposed AVA, so late-maturing


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                                                                              Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules                                           34861

                                                        The average annual precipitation                      listed in § 4.25(e)(3) of the TTB                      the nature of that conflict, including any
                                                      amounts within the proposed Loess                       regulations (27 CFR 4.25(e)(3)). If the                anticipated negative economic impact
                                                      Hills District AVA are higher than the                  wine is not eligible for labeling with an              that approval of the proposed AVA will
                                                      regions to the north and west, and lower                AVA name and that name appears in the                  have on an existing viticultural
                                                      than the regions to the east and south.                 brand name, then the label is not in                   enterprise. TTB is also interested in
                                                      The rainfall amounts within the                         compliance and the bottler must change                 receiving suggestions for ways to avoid
                                                      proposed AVA provide sufficient                         the brand name and obtain approval of                  conflicts, for example, by adopting a
                                                      moisture for the vines, and irrigation is               a new label. Similarly, if the AVA name                modified or different name for the AVA.
                                                      seldom necessary. However, the                          appears in another reference on the
                                                                                                                                                                     Submitting Comments
                                                      relatively high rainfall amounts increase               label in a misleading manner, the bottler
                                                      the risk of erosion within the proposed                 would have to obtain approval of a new                    You may submit comments on this
                                                      AVA, due to the nature of the loess                     label. Different rules apply if a wine has             proposed rule by using one of the
                                                      soils. As a result, vineyards on steep                  a brand name containing an AVA name                    following three methods (please note
                                                      hillsides are often planted in a north-                 that was used as a brand name on a                     that TTB has a new address for
                                                      south orientation to help hold the soil                 label approved before July 7, 1986. See                comments submitted by U.S. Mail):
                                                      in place and reduce erosion.                            § 4.39(i)(2) of the TTB regulations (27                   • Federal e-Rulemaking Portal: You
                                                                                                              CFR 4.39(i)(2)) for details.                           may send comments via the online
                                                      Summary of Distinguishing Features                         If TTB establishes this proposed AVA,               comment form posted with this
                                                         In summary, the evidence provided in                 its name, ‘‘Loess Hills District,’’ will be            proposed rule within Docket No. TTB–
                                                      the petition indicates that the                         recognized as a name of viticultural                   2015–0009 on ‘‘Regulations.gov,’’ the
                                                      geographic and climatic features of the                 significance under § 4.39(i)(3) of the                 Federal e-rulemaking portal, at http://
                                                      proposed Loess Hills District AVA                       TTB regulations (27 CFR 4.39(i)(3)). The               www.regulations.gov. A direct link to
                                                      distinguish it from the surrounding                     text of the proposed regulation clarifies              that docket is available under Notice
                                                      regions in each direction. To the north,                this point. Consequently, if this                      No. 153 on the TTB Web site at
                                                      east, and south of the proposed AVA,                    proposed rule is adopted as a final rule,              http://www.ttb.gov/wine/wine-
                                                      the topography is characterized by                      wine bottlers using the name ‘‘Loess                   rulemaking.shtml. Supplemental files
                                                      broadly undulating hills with shallower                 Hills District’’ in a brand name,                      may be attached to comments submitted
                                                      slopes, and the depth of the loess is less              including a trademark, or in another                   via Regulations.gov. For complete
                                                      than 20 feet. The regions to the north                  label reference as to the origin of the                instructions on how to use
                                                      and east also have shorter growing                      wine, would have to ensure that the                    Regulations.gov, visit the site and click
                                                      seasons with lower accumulations of                     product is eligible to use the AVA name                on the ‘‘Help’’ tab.
                                                      GDDs. To the south of the proposed                      as an appellation of origin. TTB is not                   • U.S. Mail: You may send comments
                                                      AVA, the growing season is longer and                   proposing ‘‘Loess Hills,’’ standing alone,             via postal mail to the Director,
                                                      accumulates more GDDs, and                              as a term of viticultural significance if              Regulations and Rulings Division,
                                                      precipitation levels are higher. The                    the proposed AVA is established, in                    Alcohol and Tobacco Tax and Trade
                                                      region to the west of the proposed AVA                  order to avoid a potential conflict with               Bureau, 1310 G Street NW., Box 12,
                                                      is characterized by wide flood plains,                  a current label holder. Accordingly, the               Washington, DC 20005.
                                                      alluvial soils, less rainfall, and a shorter            proposed part 9 regulatory text set forth                 • Hand Delivery/Courier: You may
                                                      growing season with higher GDD                          in this document specifies only the full               hand-carry your comments or have them
                                                      accumulations.                                          name ‘‘Loess Hills District’’ as a term of             hand-carried to the Alcohol and
                                                      TTB Determination                                       viticultural significance for purposes of              Tobacco Tax and Trade Bureau, 1310 G
                                                                                                              part 4 of the TTB regulations.                         Street NW., Suite 400, Washington, DC
                                                        TTB concludes that the petition to                                                                           20005.
                                                      establish the 12,897-square mile Loess                  Public Participation
                                                                                                                                                                        Please submit your comments by the
                                                      Hills District AVA merits consideration                 Comments Invited                                       closing date shown above in this
                                                      and public comment, as invited in this
                                                                                                                 TTB invites comments from interested                proposed rule. Your comments must
                                                      proposed rule.
                                                                                                              members of the public on whether it                    reference Notice No. 153 and include
                                                      Boundary Description                                    should establish the proposed AVA.                     your name and mailing address. Your
                                                         See the narrative description of the                 TTB is also interested in receiving                    comments also must be made in
                                                      boundary of the petitioned-for AVA in                   comments on the sufficiency and                        English, be legible, and be written in
                                                      the proposed regulatory text published                  accuracy of the name, boundary, soils,                 language acceptable for public
                                                      at the end of this proposed rule.                       climate, and other required information                disclosure. TTB does not acknowledge
                                                                                                              submitted in support of the petition.                  receipt of comments, and TTB considers
                                                      Maps                                                    Please provide any available specific                  all comments as originals.
                                                        The petitioner provided the required                  information in support of your                            In your comment, please clearly
                                                      maps, and they are listed below in the                  comments.                                              indicate if you are commenting on your
                                                      proposed regulatory text.                                  Because of the potential impact of the              own behalf or on behalf of an
                                                                                                              establishment of the proposed Loess                    association, business, or other entity. If
                                                      Impact on Current Wine Labels                           Hills District AVA on wine labels that                 you are commenting on behalf of an
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS




                                                         Part 4 of the TTB regulations prohibits              include the term ‘‘Loess Hills District,’’             entity, your comment must include the
                                                      any label reference on a wine that                      as discussed above under Impact on                     entity’s name, as well as your name and
                                                      indicates or implies an origin other than               Current Wine Labels, TTB is                            position title. If you comment via
                                                      the wine’s true place of origin. For a                  particularly interested in comments                    Regulations.gov, please enter the
                                                      wine to be labeled with an AVA name,                    regarding whether there will be a                      entity’s name in the ‘‘Organization’’
                                                      at least 85 percent of the wine must be                 conflict between the proposed area                     blank of the online comment form. If
                                                      derived from grapes grown within the                    name and currently used brand names.                   you comment via postal mail or hand
                                                      area represented by that name, and the                  If a commenter believes that a conflict                delivery/courier, please submit your
                                                      wine must meet the other conditions                     will arise, the comment should describe                entity’s comment on letterhead.


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                                                      34862                   Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules

                                                        You may also write to the                             would be the result of a proprietor’s                     (11) Harlan, Iowa–Nebraska, 1980;
                                                      Administrator before the comment                        efforts and consumer acceptance of                        (12) Blair, Nebraska–Iowa, 1986;
                                                      closing date to ask for a public hearing.               wines from that area. Therefore, no                    photoinspected 1988; and
                                                      The Administrator reserves the right to                 regulatory flexibility analysis is                        (13) Sioux City South, Iowa–Nebraska
                                                      determine whether to hold a public                      required.                                              South Dakota, 1986; photoinspected
                                                      hearing.                                                                                                       1990.
                                                                                                              Executive Order 12866
                                                      Confidentiality                                                                                                   (c) Boundary. The Loess Hills District
                                                                                                                It has been determined that this                     viticultural area is located in Fremont,
                                                         All submitted comments and                           proposed rule is not a significant                     Page, Mills, Montgomery,
                                                      attachments are part of the public record               regulatory action as defined by                        Pottawattamie, Cass, Harrison, Shelby,
                                                      and subject to disclosure. Do not                       Executive Order 12866 of September 30,                 Audubon, Monona, Crawford, Carroll,
                                                      enclose any material in your comments                   1993. Therefore, no regulatory                         Woodbury, Ida, Sac, Plymouth, and
                                                      that you consider to be confidential or                 assessment is required.                                Sioux Counties in western Iowa and
                                                      inappropriate for public disclosure.                                                                           Atchison and Holt Counties in
                                                                                                              Drafting Information
                                                      Public Disclosure                                                                                              northwestern Missouri. The boundary of
                                                                                                                Karen A. Thornton of the Regulations                 the Loess Hills District viticultural area
                                                         TTB will post, and you may view,                     and Rulings Division drafted this                      is as described below:
                                                      copies of this proposed rule, selected                  proposed rule.                                            (1) The beginning point is on the Rock
                                                      supporting materials, and any online or
                                                                                                              List of Subjects in 27 CFR Part 9                      Rapids, Iowa–South Dakota map, in
                                                      mailed comments received about this
                                                                                                                                                                     Sioux County, Iowa, at the intersection
                                                      proposal within Docket No. TTB–2015–                        Wine.
                                                                                                                                                                     of the Big Sioux River and an unnamed
                                                      0009 on the Federal e-rulemaking
                                                                                                              Proposed Regulatory Amendment                          road known locally as County Road B30
                                                      portal, Regulations.gov, at http://
                                                                                                                For the reasons discussed in the                     (360th Street), east of Hudson, South
                                                      www.regulations.gov. A direct link to
                                                                                                              preamble, TTB proposes to amend title                  Dakota. From the beginning point,
                                                      that docket is available on the TTB Web
                                                                                                              27, chapter I, part 9, Code of Federal                 proceed east on County Road B30
                                                      site at http://www.ttb.gov/wine/wine-
                                                                                                              Regulations, as follows:                               approximately 3 miles to a road known
                                                      rulemaking.shtml under Notice No. 153.
                                                                                                                                                                     locally as County Road K22 (Coolidge
                                                      You may also reach the relevant docket
                                                                                                              PART 9—AMERICAN VITICULTURAL                           Avenue); then
                                                      through the Regulations.gov search page
                                                                                                              AREAS                                                     (2) Proceed south on County Road
                                                      at http://www.regulations.gov. For
                                                                                                                                                                     K22 approximately 3 miles to a road
                                                      information on how to use
                                                                                                              ■ 1. The authority citation for part 9                 known locally as County Road B40
                                                      Regulations.gov, click on the site’s
                                                                                                              continues to read as follows:                          (390th Street); then
                                                      ‘‘Help’’ tab.
                                                         All posted comments will display the                     Authority: 27 U.S.C. 205.                             (3) Proceed east on County Road B40
                                                      commenter’s name, organization (if                                                                             approximately 4 miles to a road known
                                                      any), city, and State, and, in the case of              Subpart C—Approved American                            locally as County Road K30 (Eagle
                                                      mailed comments, all address                            Viticultural Areas                                     Avenue); then
                                                      information, including email addresses.                                                                           (4) Proceed south on County Road
                                                                                                              ■ 2. Subpart C is amended by adding                    K30 approximately 13.1 miles, crossing
                                                      TTB may omit voluminous attachments                     § 9.___ to read as follows:
                                                      or material that the Bureau considers                                                                          onto the Sioux City North, Iowa–South
                                                      unsuitable for posting.                                 § 9.____    Loess Hills District.                      Dakota–Nebraska map and continuing
                                                         You may also view copies of this                       (a) Name. The name of the viticultural               into Plymouth County, Iowa, to a road
                                                      proposed rule, all related petitions,                   area described in this section is ‘‘Loess              known locally as County Road C12
                                                      maps and other supporting materials,                    Hills District’’. For purposes of part 4 of            (110th Street), at Craig, Iowa; then
                                                      and any electronic or mailed comments                   this chapter, ‘‘Loess Hills District’’ is a               (5) Proceed east on County Road C12
                                                      that TTB receives about this proposal by                term of viticultural significance.                     approximately 2 miles to a road known
                                                      appointment at the TTB Information                        (b) Approved maps. The 13 United                     locally as County Road K42 (Jade
                                                      Resource Center, 1310 G Street NW.,                     States Geological Survey (USGS)                        Avenue), at the marked 436-meter
                                                      Washington, DC 20005. You may also                      1:100,000 scale topographic maps used                  elevation point; then
                                                      obtain copies at 20 cents per 8.5- x 11-                to determine the boundary of the Loess                    (6) Proceed south on County Road
                                                      inch page. Please note that TTB is                      Hills District viticultural area are titled:           K42 approximately 10 miles to a road
                                                      unable to provide copies of USGS maps                     (1) Rock Rapids, Iowa–South Dakota,                  known locally as County Road C38; then
                                                      or any similarly-sized documents that                   1985;                                                     (7) Proceed east on County Road C38
                                                      may be included as part of the AVA                        (2) Sioux City North, Iowa– South                    approximately 6.4 miles to a road
                                                      petition. Contact TTB’s information                     Dakota–Nebraska, 1986; photoinspected                  known locally as County Road K49 (7th
                                                      specialist at the above address or by                   1990;                                                  Avenue SE), approximately 2 miles
                                                      telephone at 202–453–2270 to schedule                     (3) Storm Lake, Iowa, 1985;                          south of La Mars, Iowa; then
                                                      an appointment or to request copies of                  photoinspected 1990;                                      (8) Proceed south on County Road
                                                      comments or other materials.                              (4) Ida Grove, Iowa, 1985;                           K49 approximately 4 miles to a road
                                                                                                              photoinspected 1990;                                   known locally as County Road C44
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                                                      Regulatory Flexibility Act                                (5) Carroll, Iowa, 1993;                             (230th Street); then
                                                         TTB certifies that this proposed                       (6) Guthrie Center, Iowa, 1993;                         (9) Proceed east on County Road C44
                                                      regulation, if adopted, would not have                    (7) Creston, Iowa, 1993;                             approximately 5 miles to a road known
                                                      a significant economic impact on a                        (8) Omaha, Nebraska–Iowa, 1985;                      locally as County Road K64 (Oyens
                                                      substantial number of small entities.                   photoinspected, 1990;                                  Avenue); then
                                                      The proposed regulation imposes no                        (9) Nebraska City, Nebraska–Iowa–                       (10) Proceed south on County Road
                                                      new reporting, recordkeeping, or other                  Missouri, 1993;                                        K64 approximately 4.1 miles to a road
                                                      administrative requirement. Any benefit                   (10) Falls City, Nebraska–Missouri,                  known locally as County Road C60
                                                      derived from the use of an AVA name                     1986; photoinspected 1991;                             (290th Street); then


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                                                                              Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules                                          34863

                                                        (11) Proceed east on County Road C60                  locally as County Road N44 (Colorado                   approximately 6.4 total miles, to a road
                                                      approximately 5 miles, crossing onto the                Street) in Glidden, Iowa; then                         known locally as County Road J52
                                                      Storm Lake, Iowa map, to State Highway                    (27) Proceed south on County Road                    (270th Street); then
                                                      140; then                                               N44 approximately 8 miles, crossing                      (42) Proceed south in a straight line
                                                        (12) Proceed south on State Highway                   onto the Guthrie Center, Iowa map, to a                approximately 3.5 miles to the
                                                      140 approximately 3.2 miles to a road                   road known locally as County Road E57                  intersection of 304th Street and Maple
                                                      known locally as County Road L14                        (280th Street); then                                   Avenue (approximately 1.2 mile
                                                      (Knox Avenue) in Kingsley, Iowa; then                     (28) Proceed east on County Road E57                 southwest of College Springs, Iowa), and
                                                        (13) Proceed south on County Road                     approximately 2 miles to a road known                  then continue south on Maple Avenue
                                                      L14 approximately 2.7 miles, crossing                   locally as County Road N44 (Velvet                     for 0.5 mile to a road known locally as
                                                      into Woodbury County, Iowa, to a road                   Avenue); then                                          County Road J64 (310th Street); then
                                                      known locally as County Road D12                          (29) Proceed south on County Road                      (43) Proceed west on County Road J64
                                                      (110th Street); then                                    N44 approximately 5.4 miles to State                   approximately 4.5 miles to a road
                                                        (14) Proceed east on County Road D12                  Highway 141 (330th Street) at Coon                     known locally as County Road M48
                                                      approximately 5 miles to a road known                   Rapids, Iowa; then                                     (Hackberry Avenue); then
                                                      locally as County Road L25 (Minnesota                     (30) Proceed west on State Highway                     (44) Proceed south on County Road
                                                      Avenue) near Pierson, Iowa; then                        141 approximately 12 miles to U.S.                     M48 approximately 1.2 miles to the
                                                        (15) Proceed south on County Road                     Highway 71 at Lynx Avenue southeast                    Iowa-Missouri State line at Blanchard,
                                                      L25 approximately 4.5 miles, crossing                   of Templeton, Iowa; then                               Iowa, and, crossing into Atchison
                                                      onto the Ida Grove, Iowa map, to U.S.                     (31) Proceed south on U.S. Highway                   County, Missouri, where County Road
                                                      Highway 20; then                                        71 approximately 35.9 miles, crossing                  M48 becomes State Road M, and
                                                        (16) Proceed east on U.S. Highway 20                  into Audubon County, Iowa, and then                    continue generally south on State Road
                                                      approximately 22.5 miles, crossing into                 Cass County, Iowa, and onto the                        M approximately 11.2 miles, crossing
                                                      Ida County, Iowa, to a road known                       Creston, Iowa map, to U.S. Highway 6/                  onto the Falls City, Nebraska-Missouri
                                                      locally as County Road M25 (Market                      State Highway 83 east of Atlantic, Iowa;               map, to U.S. Highway 136; then
                                                                                                              then                                                     (45) Proceed west on U.S. Highway
                                                      Avenue); then
                                                                                                                (32) Proceed west, then southwest,                   136 approximately 1 mile to State Road
                                                        (17) Proceed south on County Road
                                                                                                              then west on U.S. Highway 6                            N; then
                                                      M25 approximately 9.8 miles to State                                                                             (46) Proceed south on State Road N 15
                                                                                                              approximately 18.9 miles, crossing onto
                                                      Highway 175 east of Ida Grove, Iowa;                                                                           miles, crossing into Holt County,
                                                                                                              the Omaha, Nebraska–Iowa map and
                                                      then                                                                                                           Missouri, to State Road C; then
                                                                                                              into Pottawattamie County, Iowa, to a
                                                        (18) Proceed east on State Highway                                                                             (47) Proceed west then south on State
                                                                                                              road known locally as County Road M47
                                                      175 approximately 4.1 miles to a road                                                                          Road C approximately 3 miles to U.S.
                                                                                                              (500th Street) approximately 1 mile
                                                      known locally as Country Highway M31                                                                           Highway 59; then
                                                                                                              west of Walnut Creek; then
                                                      (Quail Avenue) near Arthur, Iowa; then                                                                           (48) Proceed northwest on U.S.
                                                                                                                (33) Proceed south on County Road
                                                        (19) Proceed south on Country                                                                                Highway 59 approximately 2 miles to
                                                                                                              M47 approximately 12 miles, crossing
                                                      Highway M31 approximately 4.4 miles                                                                            the highway’s first intersection with
                                                                                                              into Montgomery County, Iowa to a road
                                                      to a road known locally as County Road                                                                         Interstate Highway 29 near Craig,
                                                                                                              known locally as County Road H12
                                                      D59 (300th Street); then                                                                                       Missouri; then
                                                                                                              (110th Street); then
                                                        (20) Proceed east on County Road D59                    (34) Proceed west on County Road                       (49) Proceed generally north along
                                                      approximately 13 miles, crossing into                   H12 approximately 8.9 miles, crossing                  Interstate Highway 29, crossing into
                                                      Sac County, Iowa, to a road known                       into Mills County, Iowa, to U.S.                       Atchison County, Missouri, and onto
                                                      locally as County Road M64 (Needham                     Highway 59; then                                       the Nebraska City, Nebraska-Iowa-
                                                      Avenue/Center Street) at Wall Lake,                       (35) Proceed south on U.S. Highway                   Missouri map, and continuing into
                                                      Iowa; then                                              59 approximately 20.2 miles, crossing                  Freemont County and Mills County,
                                                        (21) Proceed south on County Road                     onto the Nebraska City, Nebraska–Iowa–                 Iowa, then crossing onto the Omaha,
                                                      M64 approximately 6.2 miles to a road                   Missouri map and into Page County,                     Nebraska-Iowa map and into
                                                      known locally as County Road E16                        Iowa, to a road known locally as County                Pottawattamie County, Iowa; then
                                                      (120th Street); then                                    Road J14 (130th Street); then                          crossing onto the Harlan, Iowa-Nebraska
                                                        (22) Proceed east into Carroll County,                  (36) Proceed east on County Road J14                 map and into Harrison County, Iowa;
                                                      Iowa, on County Road E16                                approximately 4 miles to a road known                  then continuing onto the Blair,
                                                      approximately 6 miles, crossing onto the                locally as County Road M41 (D Avenue);                 Nebraska-Iowa map and into Monona
                                                      Carroll, Iowa map, to Breda, Iowa, and                  then                                                   County, Iowa; then crossing onto the
                                                      then continue east on State Highway                       (37) Proceed south on County Road                    Sioux City South, Iowa-Nebraska-South
                                                      217 (East Main Street) approximately 5                  M41 approximately 1.7 miles to State                   Dakota Map and into Woodbury County
                                                      miles to U.S. Highway 71; then                          Highway 48 at Essex, Iowa; then                        for a total of approximately 185 miles,
                                                        (23) Proceed south on U.S. Highway                      (38) Proceed northeast then east on                  to the intersection of Interstate Highway
                                                      71 approximately 3 miles to a road                      State Highway 48 approximately 1.2                     29 with the Big Sioux River at Sioux
                                                      known locally as County Road E26                        miles to a road known locally as County                City, Iowa; then
                                                      (140th Street); then                                    Road M41 (E Avenue); then                                (50) Proceed generally north
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                                                        (24) Proceed east on County Road E26                    (39) Proceed south on County Road                    (upstream) along the meandering Big
                                                      approximately 5 miles to a road known                   M41 approximately 7 miles to State                     Sioux River, crossing onto the Sioux
                                                      locally as County Road N38 (Quail                       Highway 2 (210th Street); then                         City North, Iowa-South Dakota-Nebraska
                                                      Avenue); then                                             (40) Proceed east on State Highway 2                 map and into Plymouth County and
                                                        (25) Proceed south on County Road                     approximately 8 miles to a road known                  Sioux County, Iowa, and continuing
                                                      N38 approximately 5 miles to U.S.                       locally as M Avenue; then                              onto the Rock Rapids, Iowa-South
                                                      Highway 30 (Lincoln Highway); then                        (41) Proceed south on M Avenue, then                 Dakota map for a total of approximately
                                                        (26) Proceed east on U.S. Highway 30                  east on a road known locally as County                 50 miles, returning to the beginning
                                                      approximately 3 miles to a road known                   Road M60 (Maple Avenue),                               point.


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                                                      34864                    Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules

                                                        Signed: June 11, 2015.                                Rulings Division, Alcohol and Tobacco                  by TTB of the wine produced in that
                                                      John J. Manfreda,                                       Tax and Trade Bureau, 1310 G Street                    area.
                                                      Administrator.                                          NW., Box 12, Washington, DC 20005;
                                                                                                                                                                     Requirements
                                                      [FR Doc. 2015–15037 Filed 6–17–15; 8:45 am]             phone 202–453–1039, ext. 175.
                                                                                                                                                                        Section 4.25(e)(2) of the TTB
                                                      BILLING CODE 4810–31–P                                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                                     regulations (27 CFR 4.25(e)(2)) outlines
                                                                                                              Background on Viticultural Areas                       the procedure for proposing the
                                                      DEPARTMENT OF THE TREASURY                                                                                     establishment of an AVA and provides
                                                                                                              TTB Authority                                          that any interested party may petition
                                                      Alcohol and Tobacco Tax and Trade                          Section 105(e) of the Federal Alcohol               TTB to establish a grape-growing region
                                                      Bureau                                                  Administration Act (FAA Act), 27                       as an AVA. Petitioners may use the
                                                                                                              U.S.C. 205(e), authorizes the Secretary                same procedures to request changes
                                                      27 CFR Part 9                                           of the Treasury to prescribe regulations               involving existing AVAs. Section 9.12(c)
                                                                                                              for the labeling of wine, distilled spirits,           of the TTB regulations (27 CFR 9.12(c))
                                                      [Docket No. TTB–2015–0008; Notice No.
                                                                                                              and malt beverages. The FAA Act                        prescribes standards for petitions for
                                                      152]
                                                                                                              provides that these regulations should,                modifying established AVAs. Petitions
                                                      RIN 1513–AC21                                           among other things, prohibit consumer                  to expand an established AVA must
                                                                                                              deception and the use of misleading                    include the following:
                                                      Proposed Expansion of the Willamette
                                                                                                              statements on labels and ensure that                      • Evidence that the region within the
                                                      Valley Viticultural Area                                                                                       proposed expansion area boundary is
                                                                                                              labels provide the consumer with
                                                      AGENCY: Alcohol and Tobacco Tax and                     adequate information as to the identity                nationally or locally known by the name
                                                      Trade Bureau, Treasury.                                 and quality of the product. The Alcohol                of the established AVA;
                                                                                                              and Tobacco Tax and Trade Bureau                          • An explanation of the basis for
                                                      ACTION: Notice of proposed rulemaking.
                                                                                                              (TTB) administers the FAA Act                          defining the boundary of the proposed
                                                      SUMMARY:   The Alcohol and Tobacco Tax                  pursuant to section 1111(d) of the                     expansion area;
                                                      and Trade Bureau (TTB) proposes to                      Homeland Security Act of 2002,                            • A narrative description of the
                                                      expand the approximately 5,360-square                   codified at 6 U.S.C. 531(d). The                       features of the proposed expansion area
                                                      mile ‘‘Willamette Valley’’ viticultural                 Secretary has delegated various                        affecting viticulture, including climate,
                                                      area in northwestern Oregon by                          authorities through Treasury                           geology, soils, physical features, and
                                                      approximately 29 square miles. The                      Department Order 120–01, dated                         elevation, that make the proposed
                                                      established Willamette Valley                           December 10, 2013, to the TTB                          expansion area similar to the
                                                      viticultural area and the proposed                      Administrator to perform the functions                 established AVA and distinguish it from
                                                      expansion area do not lie within any                    and duties in the administration and                   adjacent areas outside the established
                                                      other viticultural area. TTB designates                 enforcement of this law.                               AVA boundary;
                                                      viticultural areas to allow vintners to                                                                           • The appropriate United States
                                                                                                                 Part 4 of the TTB regulations (27 CFR               Geological Survey (USGS) map(s)
                                                      better describe the origin of their wines               part 4) authorizes TTB to establish
                                                      and to allow consumers to better                                                                               showing the location of the proposed
                                                                                                              definitive viticultural areas and regulate             expansion area, with the boundary of
                                                      identify wines they may purchase. TTB                   the use of their names as appellations of
                                                      invites comments on this proposed                                                                              the proposed expansion area clearly
                                                                                                              origin on wine labels and in wine                      drawn thereon; and
                                                      addition to its regulations.                            advertisements. Part 9 of the TTB                         • A detailed narrative description of
                                                      DATES: Comments must be received by                     regulations (27 CFR part 9) sets forth the             the proposed expansion area boundary
                                                      August 17, 2015.                                        standards for the preparation and                      based on USGS map markings.
                                                      ADDRESSES: Please send your comments                    submission of petitions for the
                                                      on this notice of proposed rulemaking to                establishment or modification of                       Petition To Expand the Willamette
                                                      one of the following addresses:                         American viticultural areas (AVAs) and                 Valley AVA
                                                         • Internet: http://www.regulations.gov               lists the approved American viticultural                 TTB received a petition from Steve
                                                      (via the online comment form for this                   areas.                                                 Thomson, the executive vice president
                                                      notice of proposed rulemaking as posted                                                                        of King Estate Winery in Eugene,
                                                                                                              Definition
                                                      within Docket No. TTB–2015–0008 at                                                                             Oregon, proposing to expand the
                                                      ‘‘Regulations.gov,’’ the Federal e-                       Section 4.25(e)(1)(i) of the TTB                     established ‘‘Willamette Valley’’ AVA in
                                                      rulemaking portal);                                     regulations (27 CFR 4.25(e)(1)(i)) defines             northwestern Oregon. The Willamette
                                                         • U.S. Mail: Director, Regulations and               a viticultural area for American wine as               Valley AVA (27 CFR 9.90) was
                                                      Rulings Division, Alcohol and Tobacco                   a delimited grape-growing region having                established by T.D. ATF–162, which
                                                      Tax and Trade Bureau, 1310 G Street                     distinguishing features, as described in               published in the Federal Register on
                                                      NW., Box 12, Washington, DC 20005; or                   part 9 of the regulations, and a name                  December 1, 1983 (48 FR 54221). The
                                                         • Hand delivery/courier in lieu of                   and a delineated boundary, as                          Willamette Valley AVA covers
                                                      mail: Alcohol and Tobacco Tax and                       established in part 9 of the regulations.              approximately 5,360 square miles in
                                                      Trade Bureau, 1310 G Street NW., Suite                  These designations allow vintners and                  Benton, Lane, Linn, Clackamas, Lincoln,
                                                      400, Washington, DC 20005.                              consumers to attribute a given quality,                Marion, Multnomah, Polk, Tillamook,
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                                                         See the Public Participation section of              reputation, or other characteristic of a               Washington, and Yamhill Counties. The
                                                      this notice of proposed rulemaking for                  wine made from grapes grown in an area                 Willamette Valley AVA is not located
                                                      specific instructions and requirements                  to the wine’s geographic origin. The                   within any other AVA, but it does
                                                      for submitting comments, and for                        establishment of AVAs allows vintners                  contain six smaller AVAs: Chehalem
                                                      information on how to request a public                  to describe more accurately the origin of              Mountains, Dundee Hills, Eola-Amity
                                                      hearing or view or obtain copies of the                 their wines to consumers and helps                     Hills, McMinnville, Ribbon Ridge, and
                                                      petition and supporting materials.                      consumers to identify wines they may                   Yamhill-Carlton.
                                                      FOR FURTHER INFORMATION CONTACT:                        purchase. Establishment of an AVA is                     The proposed expansion area is
                                                      Karen A. Thornton, Regulations and                      neither an approval nor an endorsement                 located in Lane County adjacent to the


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Document Created: 2018-02-22 11:11:57
Document Modified: 2018-02-22 11:11:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments must be received by August 17, 2015.
ContactKaren A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
FR Citation80 FR 34857 
RIN Number1513-AC20

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