81_FR_47429 81 FR 47289 - Establishment of the Tip of the Mitt Viticultural Area

81 FR 47289 - Establishment of the Tip of the Mitt Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 81, Issue 140 (July 21, 2016)

Page Range47289-47291
FR Document2016-17274

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 2,760-square mile ``Tip of the Mitt'' viticultural area in all or portions of Charlevoix, Emmet, Cheboygan, Presque Isle, Alpena, and Antrim Counties in Michigan. The 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.

Federal Register, Volume 81 Issue 140 (Thursday, July 21, 2016)
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47289-47291]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17274]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2015-0011; T.D. TTB-139; Ref: Notice No. 155]
RIN 1513-AC22


Establishment of the Tip of the Mitt Viticultural Area

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

ACTION: Final rule; Treasury decision.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes 
the approximately 2,760-square mile ``Tip of the Mitt'' viticultural 
area in all or portions of Charlevoix, Emmet, Cheboygan, Presque Isle, 
Alpena, and Antrim Counties in Michigan. The 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.

DATES: This final rule is effective August 22, 2016.

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 of the Treasury has 
delegated various authorities through Treasury Department Order 120-01, 
dated December 10, 2013 (superseding Treasury Order 120-01, dated 
January 24, 2003), to the TTB Administrator to perform the functions 
and duties in the administration and enforcement of these laws.
    Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to 
establish definitive viticultural areas and regulate 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 may petition TTB to establish a grape-growing region 
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes 
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.

Tip of the Mitt Petition

    TTB received a petition from the Straits Area Grape Growers 
Association, on behalf of winery and vineyard owners in the northern 
portion of Michigan's Lower Peninsula, proposing the establishment of 
the ``Tip of the Mitt'' AVA. The proposed AVA contains approximately 
2,760 square miles, and there are 41 commercially-producing vineyards 
covering a total of 94 acres distributed throughout the proposed AVA, 
along with 8 wineries. According to the petition, an additional 48 
acres of vineyards and 4 new wineries are planned for the near future. 
The proposed Tip of the Mitt AVA is not located within any established 
AVA.

[[Page 47290]]

According to the petition, the distinguishing features of the proposed 
Tip of the Mitt AVA include its climate and soils.
    The proposed AVA is bordered by Grand Traverse Bay, Little Traverse 
Bay, and Lake Michigan to the west; the Straits of Mackinac to the 
north; and Lake Huron to the east. The presence of large bodies of 
water on three sides of the proposed AVA has a moderating effect on the 
climate, providing slightly warmer annual high temperatures than are 
found south of the proposed AVA. The proposed Tip of the Mitt AVA also 
has fewer days with high temperatures below both 0 and 32 degrees 
Fahrenheit than the region to the south, meaning that temperatures do 
not drop low enough to cause severe damage to cold-hardy grape 
varietals such as Marechal Foch and Leon Millot. The proposed AVA also 
has a longer growing season and higher growing degree day accumulations 
than the region to the south, providing ample time for mid-to-late 
season grape varietals such as Frontenac to ripen.
    With respect to soils, the proposed Tip of the Mitt AVA 
predominately contains coarse-textured glacial till and Lacustrine sand 
and gravel. Soils that contain either glacial outwash sand or ice-
contact sand and gravel are present only in small amounts within the 
proposed AVA and are more common in the region to the south. The soils 
within the proposed AVA have high levels of organic matter, which 
prevents nutrients from leaching rapidly. The soils also have high 
water-holding capacities, so vineyard owners take steps to reduce 
moisture accumulation, such as planting cover crops between rows to 
absorb excess water. By contrast, the soils in the region south of the 
proposed AVA have lower levels of organic matter and lower water-
holding capacities. Finally, the soils within the proposed AVA do not 
heat as quickly in the spring as soils that contain high levels of sand 
and gravel, so bud-break is naturally delayed until the risk of late 
spring frosts has passed.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 155 in the Federal Register on August 6, 
2015 (80 FR 46883), proposing to establish the Tip of the Mitt AVA. In 
the notice, TTB summarized the evidence from the petition regarding the 
name, boundary, and distinguishing features for the proposed AVA. The 
notice also compared the distinguishing features of the proposed AVA to 
the features of the surrounding areas. For a detailed description of 
the evidence relating to the name, boundary, and distinguishing 
features of the proposed AVA, and for a detailed comparison of the 
distinguishing features of the proposed AVA to the surrounding areas, 
see Notice No. 155.
    In Notice No. 155, TTB solicited comments on the accuracy of the 
name, boundary, and other required information submitted in support of 
the petition. The comment period closed on October 5, 2015. TTB 
received 14 comments in response to Notice No. 155. All 14 commenters 
supported the establishment of the proposed AVA. Commenters included 
self-identified local winery and vineyard owners and operators; members 
of the Straits Area Grape Growers Association; the Corporate and 
Community Education Training Coordinator for North Central Michigan 
College in Petoskey, MI; an Agricultural Innovation Counselor with 
Michigan State University's Product Center; and several individuals who 
did not describe any affiliation with the wine industry. Many of the 
commenters stated that the region's climate and the ability to grow a 
variety of cold-hardy grape varietals distinguish the proposed AVA from 
the region to the south. Several of the commenters supported the 
proposed AVA as a way to showcase the region's wines and promote 
tourism to the region. TTB did not receive any comments opposing the 
establishment of the proposed AVA.

Proposed Name Change

    One commenter (comment 6) supported the establishment of the 
proposed AVA but did not support the proposed name. The commenter 
stated that he believed ``Tip of the Mitt'' was a ``whimsical'' name 
that is ``Michigan slang'' and ``doesn't provide the public with an 
accurate geographical description'' of where the proposed AVA is 
located. The commenter suggested ``The Straits'' or ``Little Traverse'' 
as alternate names for the proposed AVA, but did not provide any 
evidence to support the alternative AVA names.
    Section 9.12(a)(1) of TTB regulations requires, among other things, 
that: (1) A proposed AVA name be currently and directly associated with 
an area in which viticulture exists; (2) the proposed name apply to all 
of the area within the proposed AVA; and (3) the region of the proposed 
AVA be known nationally or locally by the proposed name. Although 
``Little Traverse'' and ``The Straits'' both refer to geographical 
features within the proposed AVA, the commenter did not provide 
evidence to show that the entire region of the proposed AVA is known 
locally or nationally by either of those names. Additionally, ``The 
Straits'' could apply to any of the numerous straits in the United 
States and is therefore unsuitable as an AVA name without a 
geographical modifier. Therefore, TTB does not believe that either 
``Little Traverse'' or ``The Straits'' meets the regulatory 
requirements for an AVA name.
    TTB believes that the petition to establish the Tip of the Mitt AVA 
provided sufficient evidence to demonstrate that the name ``Tip of the 
Mitt'' is widely used throughout the proposed AVA to describe the 
region. The petition included names of local businesses and 
organizations and regional events that use the phrase in their names. 
Therefore, TTB has determined that ``Tip of the Mitt'' meets the 
regulatory requirements for an AVA name as set forth in Sec.  9.12(a).

TTB Determination

    After careful review of the petition and the comments received, TTB 
finds that the evidence provided by the petitioner supports the 
establishment of the Tip of the Mitt AVA. Accordingly, under the 
authority of the FAA Act, section 1111(d) of the Homeland Security Act 
of 2002, and parts 4 and 9 of the TTB regulations, TTB establishes the 
``Tip of the Mitt'' AVA in the northern portion of Michigan's Lower 
Peninsula, effective 30 days from the publication date of this 
document.

Boundary Description

    See the narrative description of the boundary of the AVA in the 
regulatory text published at the end of this final rule.

Maps

    The petitioner provided the required maps, and they are listed 
below in the 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 or with a 
brand name that includes 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 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

[[Page 47291]]

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 27 CFR 4.39(i)(2) for 
details.
    With the establishment of this AVA, its name, ``Tip of the Mitt,'' 
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 
regulation clarifies this point. Consequently, wine bottlers using the 
name ``Tip of the Mitt'' in a brand name, including a trademark, or in 
another label reference as to the origin of the wine, will have to 
ensure that the product is eligible to use the AVA name as an 
appellation of origin.
    The establishment of the Tip of the Mitt AVA will not affect any 
existing AVA. The establishment of the Tip of the Mitt AVA will allow 
vintners to use ``Tip of the Mitt'' as an appellation of origin for 
wines made primarily from grapes grown within the Tip of the Mitt AVA 
if the wines meet the eligibility requirements for the appellation.

Regulatory Flexibility Act

    TTB certifies that this regulation will not have a significant 
economic impact on a substantial number of small entities. The 
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 final 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 final rule.

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

    For the reasons discussed in the preamble, TTB amends 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.  9.257 to read as follows:


Sec.  9.257  Tip of the Mitt.

    (a) Name. The name of the viticultural area described in this 
section is ``Tip of the Mitt''. For purposes of part 4 of this chapter, 
``Tip of the Mitt'' is a term of viticultural significance.
    (b) Approved maps. The 2 United States Geological Survey (USGS) 
1:250,000 scale topographic maps used to determine the boundary of the 
Tip of the Mitt viticultural area are titled:
    (1) Cheboygan, Michigan, 1955; revised 1981; and
    (2) Alpena, Mich., US-Ontario, Can.; 1954.
    (c) Boundary. The Tip of the Mitt viticultural area is located in 
all or portions of Charlevoix, Emmet, Cheboygan, Presque Isle, Alpena, 
and Antrim Counties in Michigan. The boundary of the Tip of the Mitt 
viticultural area is as described below:
    (1) The beginning point is on the Cheboygan map, at the point where 
the Mackinac Bridge intersects the southern shoreline of the Straits of 
Mackinac. From the beginning point, proceed east-southeasterly along 
the shoreline of the South Channel of the Straits of Mackinac and Lake 
Huron, crossing onto the Alpena map and continuing to follow the Lake 
Huron shoreline and then the Thunder Bay shoreline to the point where 
the Thunder Bay shoreline intersects the common T31N/T30N township line 
south of the city of Alpena and north of Bare Point; then
    (2) Proceed northwesterly in a straight line to the intersection of 
an unnamed medium-duty road known locally as Long Rapids Road and an 
unnamed light-duty road known locally as Cathro Road; then
    (3) Proceed west in a straight line to the line's intersection with 
State Highway 65 and an unnamed light-duty road known locally as Hibner 
Road; then
    (4) Proceed northwesterly in a straight line to the intersection of 
the Presque Isle, Alpena, and Montmorency county lines; then
    (5) Proceed west along the southern boundary of Presque Isle 
County, crossing onto the Cheboygan map, to the point where the Presque 
Isle county line becomes the southern boundary of Cheboygan County, and 
continuing along the Cheboygan county line to the intersection of the 
Cheboygan county line with the eastern boundary of Charlevoix County; 
then
    (6) Proceed south then east along the Charlevoix county line to the 
intersection of the Charlevoix county line with the eastern boundary of 
Antrim County; then
    (7) Proceed south along the Antrim county line to the point where 
the county line turns due east; then
    (8) Proceed west in a straight line to the eastern shoreline of 
Grand Traverse Bay; then
    (9) Proceed north-northeasterly along the shorelines of Grand 
Traverse Bay, Lake Michigan, Little Traverse Bay, Sturgeon Bay, Trails 
End Bay, and the Straits of Mackinac, returning to the beginning point.

    Signed: June 29, 2016.
John J. Manfreda,
Administrator.
    Approved: July 10, 2016.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2016-17274 Filed 7-20-16; 8:45 am]
 BILLING CODE 4310-31-P



                                                               Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations                                                 47289

                                                            Date                                    Time                         Type                                    Location

                                           Thursday, November 17, 2016 ..            2:00 p.m.–4:00 p.m. (ET) .........    Webinar            Please see Web site listed above for call-in and log-in informa-
                                                                                                                                                tion.



                                              At the on-site sessions, trainers will                 Rulings Division, Alcohol and Tobacco                    establishment of AVAs allows vintners
                                           present material during the morning                       Tax and Trade Bureau, 1310 G Street                      to describe more accurately the origin of
                                           hours, to allow sufficient additional                     NW., Box 12, Washington, DC 20005;                       their wines to consumers and helps
                                           time for discussion.                                      phone 202–453–1039, ext. 175.                            consumers to identify wines they may
                                              Each session is open to Tribes, State                  SUPPLEMENTARY INFORMATION:                               purchase. Establishment of an AVA is
                                           child welfare agency personnel, and                                                                                neither an approval nor an endorsement
                                           State court personnel. Separate training                  Background on Viticultural Areas                         by TTB of the wine produced in that
                                           sessions are being planned for others                     TTB Authority                                            area.
                                           interested in the new rule and will be                       Section 105(e) of the Federal Alcohol                 Requirements
                                           announced at a later date. Because space                  Administration Act (FAA Act), 27
                                           is limited, we ask that you RSVP to                                                                                  Section 4.25(e)(2) of the TTB
                                                                                                     U.S.C. 205(e), authorizes the Secretary                  regulations (27 CFR 4.25(e)(2)) outlines
                                           comments@bia.gov for each session you                     of the Treasury to prescribe regulations
                                           plan to attend by submitting your name                                                                             the procedure for proposing an AVA
                                                                                                     for the labeling of wine, distilled spirits,             and provides that any interested party
                                           and the location (or webinar) you plan                    and malt beverages. The FAA Act
                                           to attend. Please also note that some on-                                                                          may petition TTB to establish a grape-
                                                                                                     provides that these regulations should,                  growing region as an AVA. Section 9.12
                                           site locations are at government                          among other things, prohibit consumer
                                           facilities that may include security                                                                               of the TTB regulations (27 CFR 9.12)
                                                                                                     deception and the use of misleading                      prescribes standards for petitions for the
                                           screening, and plan accordingly.                          statements on labels and ensure that                     establishment or modification of AVAs.
                                             Dated: July 13, 2016.                                   labels provide the consumer with                         Petitions to establish an AVA must
                                           Lawrence S. Roberts,                                      adequate information as to the identity                  include the following:
                                           Acting Assistant Secretary—Indian Affairs.                and quality of the product. The Alcohol                    • Evidence that the area within the
                                           [FR Doc. 2016–17269 Filed 7–20–16; 8:45 am]               and Tobacco Tax and Trade Bureau                         proposed AVA boundary is nationally
                                           BILLING CODE 4337–15–P                                    (TTB) administers the FAA Act                            or locally known by the AVA name
                                                                                                     pursuant to section 1111(d) of the                       specified in the petition;
                                                                                                     Homeland Security Act of 2002,                             • An explanation of the basis for
                                           DEPARTMENT OF THE TREASURY                                codified at 6 U.S.C. 531(d). The                         defining the boundary of the proposed
                                                                                                     Secretary of the Treasury has delegated                  AVA;
                                           Alcohol and Tobacco Tax and Trade                         various authorities through Treasury                       • A narrative description of the
                                           Bureau                                                    Department Order 120–01, dated                           features of the proposed AVA affecting
                                                                                                     December 10, 2013 (superseding                           viticulture, such as climate, geology,
                                           27 CFR Part 9                                             Treasury Order 120–01, dated January                     soils, physical features, and elevation,
                                                                                                     24, 2003), to the TTB Administrator to                   that make the proposed AVA distinctive
                                           [Docket No. TTB–2015–0011; T.D. TTB–139;                  perform the functions and duties in the                  and distinguish it from adjacent areas
                                           Ref: Notice No. 155]
                                                                                                     administration and enforcement of these                  outside the proposed AVA boundary;
                                           RIN 1513–AC22                                             laws.                                                      • The appropriate United States
                                                                                                        Part 4 of the TTB regulations (27 CFR                 Geological Survey (USGS) map(s)
                                           Establishment of the Tip of the Mitt                      part 4) authorizes TTB to establish                      showing the location of the proposed
                                           Viticultural Area                                         definitive viticultural areas and regulate               AVA, with the boundary of the
                                           AGENCY:  Alcohol and Tobacco Tax and                      the use of their names as appellations of                proposed AVA clearly drawn thereon;
                                           Trade Bureau, Treasury.                                   origin on wine labels and in wine                        and
                                                                                                     advertisements. Part 9 of the TTB                          • A detailed narrative description of
                                           ACTION: Final rule; Treasury decision.
                                                                                                     regulations (27 CFR part 9) sets forth                   the proposed AVA boundary based on
                                           SUMMARY:   The Alcohol and Tobacco Tax                    standards for the preparation and                        USGS map markings.
                                           and Trade Bureau (TTB) establishes the                    submission of petitions for the
                                                                                                                                                              Tip of the Mitt Petition
                                           approximately 2,760-square mile ‘‘Tip                     establishment or modification of
                                                                                                     American viticultural areas (AVAs) and                     TTB received a petition from the
                                           of the Mitt’’ viticultural area in all or
                                                                                                     lists the approved AVAs.                                 Straits Area Grape Growers Association,
                                           portions of Charlevoix, Emmet,
                                                                                                                                                              on behalf of winery and vineyard
                                           Cheboygan, Presque Isle, Alpena, and                      Definition                                               owners in the northern portion of
                                           Antrim Counties in Michigan. The
                                                                                                       Section 4.25(e)(1)(i) of the TTB                       Michigan’s Lower Peninsula, proposing
                                           viticultural area is not located within,
                                                                                                     regulations (27 CFR 4.25(e)(1)(i)) defines               the establishment of the ‘‘Tip of the
                                           nor does it contain, any other
                                                                                                     a viticultural area for American wine as                 Mitt’’ AVA. The proposed AVA contains
                                           established viticultural area. TTB
                                                                                                     a delimited grape-growing region having                  approximately 2,760 square miles, and
                                           designates viticultural areas to allow
                                                                                                     distinguishing features, as described in                 there are 41 commercially-producing
                                           vintners to better describe the origin of
                                                                                                     part 9 of the regulations, and a name                    vineyards covering a total of 94 acres
                                           their wines and to allow consumers to
                                                                                                     and a delineated boundary, as                            distributed throughout the proposed
                                           better identify wines they may
Lhorne on DSK30JT082PROD with RULES




                                                                                                     established in part 9 of the regulations.                AVA, along with 8 wineries. According
                                           purchase.
                                                                                                     These designations allow vintners and                    to the petition, an additional 48 acres of
                                           DATES: This final rule is effective August                consumers to attribute a given quality,                  vineyards and 4 new wineries are
                                           22, 2016.                                                 reputation, or other characteristic of a                 planned for the near future. The
                                           FOR FURTHER INFORMATION CONTACT:                          wine made from grapes grown in an area                   proposed Tip of the Mitt AVA is not
                                           Karen A. Thornton, Regulations and                        to the wine’s geographic origin. The                     located within any established AVA.


                                      VerDate Sep<11>2014    14:56 Jul 20, 2016   Jkt 238001   PO 00000   Frm 00005   Fmt 4700    Sfmt 4700    E:\FR\FM\21JYR1.SGM   21JYR1


                                           47290              Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations

                                           According to the petition, the                           the name, boundary, and distinguishing                nationally by either of those names.
                                           distinguishing features of the proposed                  features of the proposed AVA, and for                 Additionally, ‘‘The Straits’’ could apply
                                           Tip of the Mitt AVA include its climate                  a detailed comparison of the                          to any of the numerous straits in the
                                           and soils.                                               distinguishing features of the proposed               United States and is therefore
                                              The proposed AVA is bordered by                       AVA to the surrounding areas, see                     unsuitable as an AVA name without a
                                           Grand Traverse Bay, Little Traverse Bay,                 Notice No. 155.                                       geographical modifier. Therefore, TTB
                                           and Lake Michigan to the west; the                         In Notice No. 155, TTB solicited                    does not believe that either ‘‘Little
                                           Straits of Mackinac to the north; and                    comments on the accuracy of the name,                 Traverse’’ or ‘‘The Straits’’ meets the
                                           Lake Huron to the east. The presence of                  boundary, and other required                          regulatory requirements for an AVA
                                           large bodies of water on three sides of                  information submitted in support of the               name.
                                           the proposed AVA has a moderating                        petition. The comment period closed on                  TTB believes that the petition to
                                           effect on the climate, providing slightly                October 5, 2015. TTB received 14                      establish the Tip of the Mitt AVA
                                           warmer annual high temperatures than                     comments in response to Notice No.                    provided sufficient evidence to
                                           are found south of the proposed AVA.                     155. All 14 commenters supported the                  demonstrate that the name ‘‘Tip of the
                                           The proposed Tip of the Mitt AVA also                    establishment of the proposed AVA.                    Mitt’’ is widely used throughout the
                                           has fewer days with high temperatures                    Commenters included self-identified                   proposed AVA to describe the region.
                                           below both 0 and 32 degrees Fahrenheit                   local winery and vineyard owners and                  The petition included names of local
                                           than the region to the south, meaning                    operators; members of the Straits Area                businesses and organizations and
                                           that temperatures do not drop low                        Grape Growers Association; the                        regional events that use the phrase in
                                           enough to cause severe damage to cold-                   Corporate and Community Education                     their names. Therefore, TTB has
                                           hardy grape varietals such as Marechal                   Training Coordinator for North Central                determined that ‘‘Tip of the Mitt’’ meets
                                           Foch and Leon Millot. The proposed                       Michigan College in Petoskey, MI; an                  the regulatory requirements for an AVA
                                           AVA also has a longer growing season                     Agricultural Innovation Counselor with                name as set forth in § 9.12(a).
                                           and higher growing degree day                            Michigan State University’s Product
                                           accumulations than the region to the                     Center; and several individuals who did               TTB Determination
                                           south, providing ample time for mid-to-                  not describe any affiliation with the                   After careful review of the petition
                                           late season grape varietals such as                      wine industry. Many of the commenters                 and the comments received, TTB finds
                                           Frontenac to ripen.                                      stated that the region’s climate and the              that the evidence provided by the
                                              With respect to soils, the proposed                   ability to grow a variety of cold-hardy               petitioner supports the establishment of
                                           Tip of the Mitt AVA predominately                        grape varietals distinguish the proposed              the Tip of the Mitt AVA. Accordingly,
                                           contains coarse-textured glacial till and                AVA from the region to the south.                     under the authority of the FAA Act,
                                           Lacustrine sand and gravel. Soils that                   Several of the commenters supported                   section 1111(d) of the Homeland
                                           contain either glacial outwash sand or                   the proposed AVA as a way to showcase                 Security Act of 2002, and parts 4 and 9
                                           ice-contact sand and gravel are present                  the region’s wines and promote tourism                of the TTB regulations, TTB establishes
                                           only in small amounts within the                         to the region. TTB did not receive any                the ‘‘Tip of the Mitt’’ AVA in the
                                           proposed AVA and are more common in                      comments opposing the establishment                   northern portion of Michigan’s Lower
                                           the region to the south. The soils within                of the proposed AVA.                                  Peninsula, effective 30 days from the
                                           the proposed AVA have high levels of                                                                           publication date of this document.
                                           organic matter, which prevents                           Proposed Name Change
                                           nutrients from leaching rapidly. The                        One commenter (comment 6)                          Boundary Description
                                           soils also have high water-holding                       supported the establishment of the                      See the narrative description of the
                                           capacities, so vineyard owners take                      proposed AVA but did not support the                  boundary of the AVA in the regulatory
                                           steps to reduce moisture accumulation,                   proposed name. The commenter stated                   text published at the end of this final
                                           such as planting cover crops between                     that he believed ‘‘Tip of the Mitt’’ was              rule.
                                           rows to absorb excess water. By                          a ‘‘whimsical’’ name that is ‘‘Michigan
                                           contrast, the soils in the region south of               slang’’ and ‘‘doesn’t provide the public              Maps
                                           the proposed AVA have lower levels of                    with an accurate geographical                           The petitioner provided the required
                                           organic matter and lower water-holding                   description’’ of where the proposed                   maps, and they are listed below in the
                                           capacities. Finally, the soils within the                AVA is located. The commenter                         regulatory text.
                                           proposed AVA do not heat as quickly in                   suggested ‘‘The Straits’’ or ‘‘Little
                                                                                                    Traverse’’ as alternate names for the                 Impact on Current Wine Labels
                                           the spring as soils that contain high
                                           levels of sand and gravel, so bud-break                  proposed AVA, but did not provide any                   Part 4 of the TTB regulations prohibits
                                           is naturally delayed until the risk of late              evidence to support the alternative AVA               any label reference on a wine that
                                           spring frosts has passed.                                names.                                                indicates or implies an origin other than
                                                                                                       Section 9.12(a)(1) of TTB regulations              the wine’s true place of origin. For a
                                           Notice of Proposed Rulemaking and                        requires, among other things, that: (1) A             wine to be labeled with an AVA name
                                           Comments Received                                        proposed AVA name be currently and                    or with a brand name that includes an
                                             TTB published Notice No. 155 in the                    directly associated with an area in                   AVA name, at least 85 percent of the
                                           Federal Register on August 6, 2015 (80                   which viticulture exists; (2) the                     wine must be derived from grapes
                                           FR 46883), proposing to establish the                    proposed name apply to all of the area                grown within the area represented by
                                           Tip of the Mitt AVA. In the notice, TTB                  within the proposed AVA; and (3) the                  that name, and the wine must meet the
                                           summarized the evidence from the                         region of the proposed AVA be known                   other conditions listed in 27 CFR
                                           petition regarding the name, boundary,                   nationally or locally by the proposed                 4.25(e)(3). If the wine is not eligible for
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                                           and distinguishing features for the                      name. Although ‘‘Little Traverse’’ and                labeling with an AVA name and that
                                           proposed AVA. The notice also                            ‘‘The Straits’’ both refer to geographical            name appears in the brand name, then
                                           compared the distinguishing features of                  features within the proposed AVA, the                 the label is not in compliance and the
                                           the proposed AVA to the features of the                  commenter did not provide evidence to                 bottler must change the brand name and
                                           surrounding areas. For a detailed                        show that the entire region of the                    obtain approval of a new label.
                                           description of the evidence relating to                  proposed AVA is known locally or                      Similarly, if the AVA name appears in


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                                                              Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations                                                47291

                                           another reference on the label in a                      PART 9—AMERICAN VITICULTURAL                           becomes the southern boundary of
                                           misleading manner, the bottler would                     AREAS                                                  Cheboygan County, and continuing
                                           have to obtain approval of a new label.                                                                         along the Cheboygan county line to the
                                           Different rules apply if a wine has a                    ■ 1. The authority citation for part 9                 intersection of the Cheboygan county
                                           brand name containing an AVA name                        continues to read as follows:                          line with the eastern boundary of
                                           that was used as a brand name on a                            Authority: 27 U.S.C. 205.                         Charlevoix County; then
                                           label approved before July 7, 1986. See                                                                            (6) Proceed south then east along the
                                           27 CFR 4.39(i)(2) for details.                           Subpart C—Approved American                            Charlevoix county line to the
                                                                                                    Viticultural Areas                                     intersection of the Charlevoix county
                                              With the establishment of this AVA,                                                                          line with the eastern boundary of
                                           its name, ‘‘Tip of the Mitt,’’ will be                   ■ 2. Subpart C is amended by adding                    Antrim County; then
                                           recognized as a name of viticultural                     § 9.257 to read as follows:                               (7) Proceed south along the Antrim
                                           significance under § 4.39(i)(3) of the                                                                          county line to the point where the
                                           TTB regulations (27 CFR 4.39(i)(3)). The                 § 9.257    Tip of the Mitt.
                                                                                                                                                           county line turns due east; then
                                           text of the regulation clarifies this point.                (a) Name. The name of the viticultural                 (8) Proceed west in a straight line to
                                           Consequently, wine bottlers using the                    area described in this section is ‘‘Tip of             the eastern shoreline of Grand Traverse
                                           name ‘‘Tip of the Mitt’’ in a brand name,                the Mitt’’. For purposes of part 4 of this             Bay; then
                                           including a trademark, or in another                     chapter, ‘‘Tip of the Mitt’’ is a term of                 (9) Proceed north-northeasterly along
                                           label reference as to the origin of the                  viticultural significance.                             the shorelines of Grand Traverse Bay,
                                           wine, will have to ensure that the                          (b) Approved maps. The 2 United                     Lake Michigan, Little Traverse Bay,
                                           product is eligible to use the AVA name                  States Geological Survey (USGS)                        Sturgeon Bay, Trails End Bay, and the
                                           as an appellation of origin.                             1:250,000 scale topographic maps used                  Straits of Mackinac, returning to the
                                                                                                    to determine the boundary of the Tip of                beginning point.
                                              The establishment of the Tip of the                   the Mitt viticultural area are titled:
                                           Mitt AVA will not affect any existing                                                                             Signed: June 29, 2016.
                                                                                                       (1) Cheboygan, Michigan, 1955;
                                           AVA. The establishment of the Tip of                                                                            John J. Manfreda,
                                                                                                    revised 1981; and
                                           the Mitt AVA will allow vintners to use                     (2) Alpena, Mich., US–Ontario, Can.;                Administrator.
                                           ‘‘Tip of the Mitt’’ as an appellation of                 1954.                                                    Approved: July 10, 2016.
                                           origin for wines made primarily from                        (c) Boundary. The Tip of the Mitt                   Timothy E. Skud,
                                           grapes grown within the Tip of the Mitt                  viticultural area is located in all or                 Deputy Assistant Secretary (Tax, Trade, and
                                           AVA if the wines meet the eligibility                    portions of Charlevoix, Emmet,                         Tariff Policy).
                                           requirements for the appellation.                        Cheboygan, Presque Isle, Alpena, and                   [FR Doc. 2016–17274 Filed 7–20–16; 8:45 am]
                                                                                                    Antrim Counties in Michigan. The                       BILLING CODE 4310–31–P
                                           Regulatory Flexibility Act
                                                                                                    boundary of the Tip of the Mitt
                                              TTB certifies that this regulation will               viticultural area is as described below:
                                           not have a significant economic impact                      (1) The beginning point is on the                   DEPARTMENT OF HOMELAND
                                           on a substantial number of small                         Cheboygan map, at the point where the                  SECURITY
                                           entities. The regulation imposes no new                  Mackinac Bridge intersects the southern
                                                                                                    shoreline of the Straits of Mackinac.                  Coast Guard
                                           reporting, recordkeeping, or other
                                           administrative requirement. Any benefit                  From the beginning point, proceed east-
                                                                                                    southeasterly along the shoreline of the               33 CFR Part 165
                                           derived from the use of an AVA name
                                           would be the result of a proprietor’s                    South Channel of the Straits of                        [Docket Number USCG–2016–0467]
                                           efforts and consumer acceptance of                       Mackinac and Lake Huron, crossing
                                                                                                    onto the Alpena map and continuing to                  RIN 1625–AA00
                                           wines from that area. Therefore, no
                                                                                                    follow the Lake Huron shoreline and
                                           regulatory flexibility analysis is                                                                              Safety Zone; Tennessee River 385.0–
                                                                                                    then the Thunder Bay shoreline to the
                                           required.                                                                                                       387.0; Scottsboro, AL
                                                                                                    point where the Thunder Bay shoreline
                                           Executive Order 12866                                    intersects the common T31N/T30N                        AGENCY:    Coast Guard, DHS.
                                                                                                    township line south of the city of                     ACTION:   Temporary final rule.
                                             It has been determined that this final                 Alpena and north of Bare Point; then
                                           rule is not a significant regulatory action                 (2) Proceed northwesterly in a straight             SUMMARY:   The Coast Guard is
                                           as defined by Executive Order 12866 of                   line to the intersection of an unnamed                 establishing a safety zone for all waters
                                           September 30, 1993. Therefore, no                        medium-duty road known locally as                      of the Tennessee River beginning at mile
                                           regulatory assessment is required.                       Long Rapids Road and an unnamed                        marker 385.0 and ending at mile marker
                                                                                                    light-duty road known locally as Cathro                387.0. This safety zone is necessary to
                                           Drafting Information                                                                                            protect persons, property, and
                                                                                                    Road; then
                                             Karen A. Thornton of the Regulations                      (3) Proceed west in a straight line to              infrastructure from potential damage
                                           and Rulings Division drafted this final                  the line’s intersection with State                     and safety hazards associated with the
                                           rule.                                                    Highway 65 and an unnamed light-duty                   demolition of the B.B. Comer Bridge.
                                                                                                    road known locally as Hibner Road;                     This rulemaking would prohibit persons
                                           List of Subjects in 27 CFR Part 9                        then                                                   and vessels from entering the safety
                                                                                                       (4) Proceed northwesterly in a straight             zone area unless authorized by the
                                              Wine.                                                 line to the intersection of the Presque                Captain of the Port Ohio Valley or a
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                                           The Regulatory Amendment                                 Isle, Alpena, and Montmorency county                   designated representative.
                                                                                                    lines; then                                            DATES: This rule is effective without
                                              For the reasons discussed in the                         (5) Proceed west along the southern                 actual notice from July 21, 2016 until
                                           preamble, TTB amends title 27, chapter                   boundary of Presque Isle County,                       August 1, 2016. For the purposes of
                                           I, part 9, Code of Federal Regulations, as               crossing onto the Cheboygan map, to the                enforcement, actual notice will be used
                                           follows:                                                 point where the Presque Isle county line               from May 31, 2016 until July 21, 2016.


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Document Created: 2018-02-08 07:59:06
Document Modified: 2018-02-08 07:59:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; Treasury decision.
DatesThis final rule is effective August 22, 2016.
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 Citation81 FR 47289 
RIN Number1513-AC22

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