83_FR_30661 83 FR 30535 - Establishment of the Dahlonega Plateau Viticultural Area

83 FR 30535 - Establishment of the Dahlonega Plateau Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 83, Issue 126 (June 29, 2018)

Page Range30535-30538
FR Document2018-14035

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 133-square mile Dahlonega Plateau viticultural area in portions of Lumpkin and White counties in Georgia. The Dahlonega Plateau viticultural area is not located within 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 83 Issue 126 (Friday, June 29, 2018) 
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30535-30538]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14035]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2016-0012; T.D. TTB-151; Ref: Notice No. 166]
RIN 1513-AC33


Establishment of the Dahlonega Plateau 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 133-square mile Dahlonega Plateau viticultural area 
in portions of Lumpkin and White counties in Georgia. The Dahlonega 
Plateau viticultural area is not located within 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 July 30, 2018.

FOR FURTHER INFORMATION CONTACT: Dana Register, 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. 022.

[[Page 30536]]


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 (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 the 
establishment of definitive viticultural areas and regulates 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.

Dahlonega Plateau Petition

    TTB received a petition from Amy Booker, President of the 
Dahlonega-Lumpkin Chamber & Visitors Bureau, on behalf of the Vineyard 
and Winery Operators of the Dahlonega Region of Northern Georgia. The 
petitioner is proposing the establishment of the ``Dahlonega Plateau'' 
AVA in portions of Lumpkin and White counties in Georgia.
    The proposed Dahlonega Plateau AVA derives its name from a long, 
narrow, northeast-southwest trending plateau in the northern foothills 
of the Georgia Piedmont known as the Dahlonega Plateau. The plateau 
covers most of Lumpkin, Dawson, White, Pickens, and Cherokee Counties. 
However, the proposed AVA is limited to the northeastern portion of the 
plateau, in Lumpkin and White Counties, due to a lack of viticulture in 
the southwestern region of the plateau, as well topographical and 
climatic differences.
    The proposed Dahlonega Plateau AVA covers approximately 133 square 
miles and is not located within any other AVA. The petition notes that, 
at present, there are 7 wineries and 8 commercial vineyards covering a 
total of approximately 110 acres distributed throughout the proposed 
AVA. In the next few years, the proposed AVA would likely be expanded 
by an additional 12 acres of vineyards. According to the petition, the 
distinguishing features of the proposed Dahlonega Plateau AVA are its 
topography and climate. Unless otherwise noted, all information and 
data pertaining to the proposed AVA contained in this final rule comes 
from the petition for the proposed Dahlonega Plateau AVA and its 
supporting exhibits.

Topography

    According to the petition, the distinctive topography of the 
proposed AVA is due to the underlying geology, which is comprised of 
layers of rocks that weather uniformly and are moderately resistant to 
erosion. Over time, wind and water have gradually worn down the 
underlying rocks and formed a gently rolling landscape with an average 
elevation of approximately 1,554 feet above sea level. The resulting 
broad, rounded hilltops separated by wide valleys have moderate slope 
angles and adequate sunlight for the cultivation of vineyards.
    By contrast, the petition states that the topography of the regions 
surrounding the proposed AVA are less suitable for vineyards. The Blue 
Ridge Mountains and Hightower Ridges to the north, east, and southeast 
of the proposed AVA generally have higher elevations and narrow valleys 
that are often shadowed by the surrounding steep, high slopes. The 
steep, high slopes allow less light to reach any vineyard planted on 
the valley floors, when compared to vineyards planted in the proposed 
AVA. The steepness of the slopes would also make mechanical cultivation 
of any vineyard planted on the sides of the mountains impractical. In 
the lower elevations of the regions to the south and west of the 
proposed AVA, the cool air draining from higher elevations eventually 
settles and pools and would increase the risk of frost damage in any 
vineyard planted there.

Climate

    The petition for the proposed Dahlonega Plateau AVA provided 
climate information including length of the growing season, growing 
degree day accumulations, and precipitation amounts from within the 
proposed AVA and the surrounding regions.

Length of Growing Season

    According to the petition, the proposed Dahlonega Plateau AVA has a 
mean growing season length of 195 days. Over 60 percent of the terrain

[[Page 30537]]

within the proposed AVA has a growing season length in the range of 190 
to 200 days. The petition cited a publication by the College of 
Agriculture and Life Sciences at Cornell University in conjunction with 
the Institute for the Application of Geospatial Technology,\1\ which 
states that sites with growing seasons between 190 and 200 days are 
``not limited by growing season'' because most grape varietals will be 
able to ripen within 200 days, while sites with growing seasons shorter 
than 160 days are not recommended for vineyards because most grape 
varietals would not have time to ripen fully. Based on this guidance, 
the petition proposes that the vineyard owners can plant many different 
grape varietals in the majority of the proposed AVA without the fear of 
having too short of a growing season for the grapes to ripen.
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    \1\ A.N. Lakso & T.E. Martinson, ``The Basics of Vineyard Site 
Evaluation and Selection'' (2014), available at http://arcserver2.iagt.org/vll/downloads/BasicSiteEvaluation-2015.pdf.
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    The petition also provided the growing season lengths for the areas 
surrounding the proposed AVA. The regions to the north and northeast 
each have a mean growing season of 164 days. Regions to the west and 
south, have growing seasons of 201 and 203 to 205 days, respectively. 
The proposed AVA has a higher percentage of terrain with a growing 
season length between 190 and 200 days than all surrounding areas 
except the Hightower Ridges to the east, where approximately 76 percent 
of the terrain is within this range of growing season lengths.

Growing Degree Days

    The petition noted that although growing season length is important 
because it reflects the number of frost-free days, the temperatures 
that are reached during that frost-free period are just as important to 
viticulture. The petition further stated that grape vines do not grow 
and fruit does not mature when temperatures are below 50 degrees 
Fahrenheit (F). Therefore, a region that has a 180-day frost-free 
growing season would still be unsuitable for viticulture if 
temperatures seldom or never rise above 50 degrees F.
    The petition presented growing degree days (GDD) data using the 
Winkler zone scale \2\ from the very cool Zone I, for regions 
accumulating 2,500 or fewer GDDs in a growing season, to the very warm 
Zone V, for regions accumulating over 4,000 GDDs. The data showed that 
the terrain within the proposed Dahlonega Plateau AVA is classified in 
the intermediate ranges of the Winkler scale (Zones III and IV). The 
proposed AVA has a higher percentage of terrain within Zone IV than any 
of the surrounding regions and lacks any terrain in the very cool Zone 
I, the cool Zone II, or the very warm Zone V. The petition indicated, 
that regions classified as Zones III or IV, such as the proposed AVA, 
are suitable for growing a diverse range of late-ripening grape 
varietals.
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    \2\ A.J. Winkler et al., General Viticulture 60-71 (2nd. Ed. 
1974).
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Precipitation

    According to the petition, the rising elevations of the proposed 
Dahlonega Plateau AVA and the regions to the north and east cause the 
moisture-laden winds travelling inland from the Gulf of Mexico and 
Atlantic Ocean to drop their rain in the proposed AVA. Annual rainfall 
amounts within the proposed AVA are approximately 62 inches per year 
and 17 inches during the winter months. The regions to the north and 
east generally receive more rainfall annually and during winter than 
the proposed AVA, and the regions to the south and west generally 
receive less. The petition stated that the proposed AVA receives 
adequate annual rainfall amounts, which make vineyard irrigation seldom 
necessary. Furthermore, the petition provides data collected from the 
proposed AVA and surrounding regions showing that the low winter 
rainfall amounts within the proposed AVA are relevant to viticulture 
because, when compared to the data from the surrounding regions, low 
levels of rain in winter in the proposed AVA reduce the possibility of 
a delayed bud break and subsequent later harvest.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 166 in the Federal Register on December 2, 
2016 (81 FR 86980), proposing to establish the Dahlonega Plateau 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 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. 
166 and the petition for the proposed AVA, which are posted in Docket 
No. TTB-2016-0012 at http://www.regulations.gov. In Notice No. 166, TTB 
solicited comments on whether it should establish the proposed 
viticultural area, and also asked for comments on the accuracy of the 
name, boundary, and other required information submitted in support of 
the petition. The comment period closed on January 31, 2017.
    In response to Notice No. 166, TTB received one comment, which 
supported the proposed AVA. The commenter stated that the Dahlonega 
plateau is a ``gorgeous mountain region'' that has ``unique wine-
growing characteristics'' that qualify it as an AVA.

TTB Determination

    After careful review of the petition and the comment received in 
response to Notice No. 166, TTB finds that the evidence provided by the 
petitioner supports the establishment of the Dahlonega Plateau 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 ``Dahlonega Plateau'' AVA in Lumpkin 
and Whites counties of Georgia, effective 30 days from the publication 
date of this document.

Boundary Description

    See the narrative description of the boundary of the Dahlonega 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 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.

[[Page 30538]]

    With the establishment of this AVA, its name, ``Dahlonega 
Plateau,'' will be recognized as a name of viticultural significance 
under Sec.  4.39(i)(3) of the TTB regulations. The text of the 
regulation clarifies this point. Consequently, wine bottlers using the 
name ``Dahlonega Plateau'' 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 Dahlonega Plateau AVA 
will not affect any existing AVA. The establishment of the Dahlonega 
Plateau AVA will allow vintners to use ``Dahlonega Plateau'' as an 
appellation of origin for wines made primarily from grapes grown within 
the Dahlonega Plateau 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

    Dana Register 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.  9.263 to read as follows:


Sec.  9.263  Dahlonega Plateau.

    (a) Name. The name of the viticultural area described in this 
section is ``Dahlonega Plateau''. For purposes of part 4 of this 
chapter, ``Dahlonega Plateau'' is a term of viticultural significance.
    (b) Approved maps. The 9 United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Dahlonega Plateau viticultural area are titled:
    (1) Dawsonville, GA, 1997;
    (2) Campbell Mountain, GA, 2014;
    (3) Nimblewill, GA, 1997;
    (4) Noontootla, GA, 1988;
    (5) Suches, GA, 1988;
    (6) Neels Gap, GA, 1988;
    (7) Dahlonega, GA, 1951;
    (8) Cowrock, GA, 1988; and
    (9) Cleveland, GA, 1951; photo revised 1973; photo inspected 1981.
    (c) Boundary. The Dahlonega Plateau viticultural area is located in 
Lumpkin and White Counties, Georgia. The boundary of the Dahlonega 
Plateau viticultural area is as described below:
    (1) The beginning point is found on the Dawsonville map at the 
marked 1,412-foot elevation point at the intersection of an unnamed 
light-duty road known locally as Castleberry Bridge Road and an 
unimproved road known locally as McDuffie River Road.
    (2) From the beginning point, proceed north-northeast in a straight 
line approximately 0.89 mile to the marked 1,453-foot elevation point; 
then
    (3) Proceed northwest in a straight line approximately 1.94 miles, 
crossing onto the Campbell Mountain map, to the intersection of 
Arrendale Road and Windy Oaks Road; then
    (4) Proceed northwest in a straight line approximately 0.77 mile to 
the intersection of the 1,400-foot elevation contour and Dennson 
Branch; then
    (5) Proceed northwest in a straight line approximately 0.79 mile to 
the intersection of the 1,360-foot elevation contour and Mill Creek; 
then
    (6) Proceed northwest in a straight line approximately 0.48 mile to 
the intersection of the 1,500-foot elevation contour and Sheep Wallow 
Road; then
    (7) Proceed northwest in a straight line approximately 1.74 miles 
to the intersection of State Route 52 and the Chattahoochee National 
Forest boundary; then
    (8) Proceed northwest in a straight line approximately 1.89 miles, 
crossing onto the Nimblewill map and then crossing over the marked 
1,749-foot elevation point along an unnamed light duty road known 
locally as Nimblewill Church Road, to the line's intersection with the 
1,800-foot elevation contour; then
    (9) Proceed generally east-northeast along the 1,800-foot elevation 
contour approximately 170.72 miles (straight line distance between 
points is approximately 20.43 miles), crossing over the Noontootla, 
Suches, Neels Gap and Dahlonega maps and onto the Cowrock map, to the 
intersection of the 1,800-foot elevation contour with Tom White Branch; 
then
    (10) Proceed southeast along Tom White Branch approximately 0.73 
mile to the 1,600-foot elevation contour; then
    (11) Proceed southeast in a straight line approximately 1.10 miles 
to the intersection of Cathey Creek and the secondary highway marked 
Alt. 75; then
    (12) Proceed southwest in a straight line approximately 3.77 miles, 
crossing into the Cleveland map, to the intersection of two unnamed 
light-duty roads known locally as Dockery Road and Town Creek Road; 
then
    (13) Proceed south in a straight line approximately 0.58 mile to 
the marked 1,774-foot elevation point; then
    (14) Proceed southwest in a straight line approximately 0.60 mile 
to the 1,623-foot benchmark; then
    (15) Proceed southwest in a straight line approximately 2.73 miles, 
crossing into the Dahlonega map, to the 1,562-foot benchmark, then
    (16) Proceed southwest in a straight line approximately 3.46 miles 
to the marked 1,480-foot elevation point near the Mt. Sinai Church; 
then
    (17) Proceed southwest in a straight line approximately 2.13 miles 
to the summit of Crown Mountain; then
    (18) Proceed west in a straight line approximately 1.28 miles, 
crossing onto the Campbell Mountain map, to the intersection of the 
1,160-foot elevation contour and Cane Creek; then
    (19) Proceed southwest in a straight line approximately 1.61 miles 
to the intersection of the 1,300-foot elevation contour and Camp Creek; 
then
    (20) Proceed southwest in a straight line approximately 2.02 miles, 
crossing into the Dawsonville map, to the intersection of the 1,200-
foot elevation contour with the Etowah River, then
    (21) Proceed southwest in a straight line approximately 1.29 miles 
to the beginning point.

    Signed: March 6, 2018.
John J. Manfreda,
Administrator.
    Approved: June 25, 2018.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2018-14035 Filed 6-28-18; 8:45 am]
BILLING CODE 4810-31-P

Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations 30535 contact information to be made publicly annual basis, and we have published II. Paperwork Reduction Act of 1995 available, you can provide this summaries of such data for each This guidance refers to previously information on the cover sheet and not calendar year beginning with 2009. approved collections of information in the body of your comments and you In the Federal Register of May 11, found in FDA regulations. These must identify this information as 2016 (81 FR 29129), we published a collections of information are subject to ‘‘confidential.’’ Any information marked final rule entitled ‘‘Antimicrobial review by the Office of Management and as ‘‘confidential’’ will not be disclosed Animal Drug Sales and Distribution Budget (OMB) under the Paperwork except in accordance with 21 CFR 10.20 Reporting’’ that amended our existing Reduction Act of 1995 (44 U.S.C. 3501– and other applicable disclosure law. For records and reports regulation in part 3520). The collections of information in more information about FDA’s posting 514 (21 CFR part 514) to incorporate the § 514.87 have been approved under of comments to public dockets, see 80 sales and distribution data reporting OMB control number 0910–0659. The FR 56469, September 18, 2015, or access requirements specific to antimicrobial collections of information in § 514.80 the information at: https://www.gpo.gov/ new animal drugs that were added to have been approved under OMB control fdsys/pkg/FR-2015-09-18/pdf/2015- the FD&C Act by ADUFA 105. The rule number 0910–0284. 23389.pdf. also added an additional reporting Docket: For access to the docket to III. Electronic Access provision intended to improve our read background documents or the Persons with access to the internet understanding of antimicrobial animal electronic and written/paper comments may obtain the SECG at either https:// drug sales intended for use in specific received, go to https:// www.fda.gov/AnimalVeterinary/ food-producing animal species. In www.regulations.gov and insert the GuidanceComplianceEnforcement/ accordance with the new rule, the docket number, found in brackets in the GuidanceforIndustry/default.htm or sponsor of each approved or heading of this document, into the https://www.regulations.gov. conditionally approved new animal ‘‘Search’’ box and follow the prompts drug product that contains an Dated: June 26, 2018. and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, antimicrobial active ingredient must Leslie Kux, Rockville, MD 20852. submit an annual report to us on the Associate Commissioner for Policy. You may submit comments on any amount of each such ingredient in the [FR Doc. 2018–14085 Filed 6–28–18; 8:45 am] guidance at any time (see 21 CFR drug product that is sold or distributed BILLING CODE 4164–01–P 10.115(g)(5)). for use in food-producing animals, Submit written requests for single including information on any copies of the SECG to the Policy and distributor-labeled product. The final DEPARTMENT OF THE TREASURY Regulations Staff (HFV–6), Center for rule, which is codified at §§ 514.80 and Veterinary Medicine, Food and Drug 514.87, became effective July 11, 2016. Alcohol and Tobacco Tax and Trade Administration, 7500 Standish Pl., We examined the economic Bureau Rockville, MD 20855. Send two self- implications of the final rule as required addressed adhesive labels to assist that by the Regulatory Flexibility Act (5 27 CFR Part 9 office in processing your request. See U.S.C. 601–612) and determined that [Docket No. TTB–2016–0012; T.D. TTB–151; the SUPPLEMENTARY INFORMATION section the final rule will not have a significant Ref: Notice No. 166] for electronic access to the SECG. economic impact on a substantial number of small entities (81 FR 29129 RIN 1513–AC33 FOR FURTHER INFORMATION CONTACT: Sujaya Dessai, Center for Veterinary at 29138). Nonetheless, we determined Establishment of the Dahlonega Medicine (HFV–212), Food and Drug not to certify that finding due to the Plateau Viticultural Area Administration, 7519 Standish Pl., remote possibility that, in the future, a Rockville, MD 20855, 240–402–5671, very small company could enter the AGENCY: Alcohol and Tobacco Tax and sujaya.dessai@fda.hhs.gov. market and sponsor an application for Trade Bureau, Treasury. SUPPLEMENTARY INFORMATION: an antimicrobial new animal drug ACTION: Final rule; Treasury decision. product that would be sold or I. Background distributed for use in food-producing SUMMARY: The Alcohol and Tobacco Tax Sponsors of approved or conditionally animals. Thus, in compliance with and Trade Bureau (TTB) establishes the approved applications for new animal section 212 of the Small Business approximately 133-square mile drugs containing an antimicrobial active Regulatory Enforcement Fairness Act Dahlonega Plateau viticultural area in ingredient are required by section 512 of (Pub. L. 104–121, as amended by Pub. portions of Lumpkin and White the Federal Food, Drug, and Cosmetic L. 110–28), we are making available this counties in Georgia. The Dahlonega Act (FD&C Act) (21 U.S.C. 360b), as SECG to explain the actions that a Plateau viticultural area is not located amended by section 105 of the Animal potential future market entrant small within any other established viticultural Drug Use Fee Amendments of 2008 entity must take to comply with the area. TTB designates viticultural areas (ADUFA 105) (Pub. L. 110–316), to rule. to allow vintners to better describe the submit to us an annual report on the We are issuing this SECG consistent origin of their wines and to allow amount of each such ingredient in the with our good guidance practices consumers to better identify wines they drug that is sold or distributed for use regulation (21 CFR 10.115(c)(2)). The may purchase. in food-producing animals. We are also SECG represents the current thinking of DATES: This final rule is effective July sradovich on DSK3GMQ082PROD with RULES required by ADUFA 105 to publish FDA on this topic. It does not establish 30, 2018. annual summary reports of the data we any rights for any person and is not FOR FURTHER INFORMATION CONTACT: receive from animal drug sponsors. In binding on FDA or the public. You can Dana Register, Regulations and Rulings accordance with the law, sponsors of use an alternative approach if it satisfies Division, Alcohol and Tobacco Tax and the affected antimicrobial new animal the requirements of the applicable Trade Bureau, 1310 G Street NW, Box drug products began submitting their statutes and regulations. This guidance 12, Washington, DC 20005; phone 202– sales and distribution data to us on an is not subject to Executive Order 12866. 453–1039, ext. 022. VerDate Sep<11>2014 16:30 Jun 28, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1

30536 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations SUPPLEMENTARY INFORMATION: Requirements throughout the proposed AVA. In the Section 4.25(e)(2) of the TTB next few years, the proposed AVA Background on Viticultural Areas would likely be expanded by an regulations (27 CFR 4.25(e)(2)) outlines TTB Authority the procedure for proposing an AVA additional 12 acres of vineyards. and provides that any interested party According to the petition, the Section 105(e) of the Federal Alcohol distinguishing features of the proposed may petition TTB to establish a grape- Administration Act (FAA Act), 27 Dahlonega Plateau AVA are its growing region as an AVA. Section 9.12 U.S.C. 205(e), authorizes the Secretary topography and climate. Unless of the TTB regulations (27 CFR 9.12) of the Treasury to prescribe regulations otherwise noted, all information and prescribes standards for petitions for the for the labeling of wine, distilled spirits, data pertaining to the proposed AVA establishment or modification of AVAs. and malt beverages. The FAA Act contained in this final rule comes from Petitions to establish an AVA must provides that these regulations should, the petition for the proposed Dahlonega include the following: among other things, prohibit consumer Plateau AVA and its supporting • Evidence that the area within the deception and the use of misleading exhibits. proposed AVA boundary is nationally statements on labels and ensure that or locally known by the AVA name Topography labels provide the consumer with specified in the petition; adequate information as to the identity According to the petition, the • An explanation of the basis for distinctive topography of the proposed and quality of the product. The Alcohol defining the boundary of the proposed AVA is due to the underlying geology, and Tobacco Tax and Trade Bureau AVA; which is comprised of layers of rocks (TTB) administers the FAA Act • A narrative description of the that weather uniformly and are pursuant to section 1111(d) of the features of the proposed AVA affecting moderately resistant to erosion. Over Homeland Security Act of 2002, viticulture, such as climate, geology, time, wind and water have gradually codified at 6 U.S.C. 531(d). The soils, physical features, and elevation, worn down the underlying rocks and Secretary has delegated various that make the proposed AVA distinctive formed a gently rolling landscape with authorities through Treasury and distinguish it from adjacent areas an average elevation of approximately Department Order 120–01, dated outside the proposed AVA boundary; 1,554 feet above sea level. The resulting December 10, 2013 (superseding • The appropriate United States broad, rounded hilltops separated by Treasury Order 120–01, dated January Geological Survey (USGS) map(s) wide valleys have moderate slope angles 24, 2003), to the TTB Administrator to showing the location of the proposed and adequate sunlight for the perform the functions and duties in the AVA, with the boundary of the cultivation of vineyards. administration and enforcement of these proposed AVA clearly drawn thereon; By contrast, the petition states that the laws. and topography of the regions surrounding Part 4 of the TTB regulations (27 CFR • A detailed narrative description of the proposed AVA are less suitable for part 4) authorizes the establishment of the proposed AVA boundary based on vineyards. The Blue Ridge Mountains definitive viticultural areas and USGS map markings. and Hightower Ridges to the north, east, regulates the use of their names as Dahlonega Plateau Petition and southeast of the proposed AVA appellations of origin on wine labels generally have higher elevations and and in wine advertisements. Part 9 of TTB received a petition from Amy narrow valleys that are often shadowed the TTB regulations (27 CFR part 9) sets Booker, President of the Dahlonega- by the surrounding steep, high slopes. forth standards for the preparation and Lumpkin Chamber & Visitors Bureau, on The steep, high slopes allow less light behalf of the Vineyard and Winery to reach any vineyard planted on the submission of petitions for the Operators of the Dahlonega Region of valley floors, when compared to establishment or modification of Northern Georgia. The petitioner is vineyards planted in the proposed AVA. American viticultural areas (AVAs) and proposing the establishment of the The steepness of the slopes would also lists the approved AVAs. ‘‘Dahlonega Plateau’’ AVA in portions of make mechanical cultivation of any Definition Lumpkin and White counties in vineyard planted on the sides of the Georgia. mountains impractical. In the lower Section 4.25(e)(1)(i) of the TTB The proposed Dahlonega Plateau AVA regulations (27 CFR 4.25(e)(1)(i)) defines elevations of the regions to the south derives its name from a long, narrow, and west of the proposed AVA, the cool a viticultural area for American wine as northeast-southwest trending plateau in a delimited grape-growing region having air draining from higher elevations the northern foothills of the Georgia eventually settles and pools and would distinguishing features, as described in Piedmont known as the Dahlonega increase the risk of frost damage in any part 9 of the regulations, and a name Plateau. The plateau covers most of vineyard planted there. and a delineated boundary, as Lumpkin, Dawson, White, Pickens, and established in part 9 of the regulations. Cherokee Counties. However, the Climate These designations allow vintners and proposed AVA is limited to the The petition for the proposed consumers to attribute a given quality, northeastern portion of the plateau, in Dahlonega Plateau AVA provided reputation, or other characteristic of a Lumpkin and White Counties, due to a climate information including length of wine made from grapes grown in an area lack of viticulture in the southwestern the growing season, growing degree day to the wine’s geographic origin. The region of the plateau, as well accumulations, and precipitation establishment of AVAs allows vintners topographical and climatic differences. amounts from within the proposed AVA sradovich on DSK3GMQ082PROD with RULES to describe more accurately the origin of The proposed Dahlonega Plateau AVA and the surrounding regions. their wines to consumers and helps covers approximately 133 square miles consumers to identify wines they may and is not located within any other Length of Growing Season purchase. Establishment of an AVA is AVA. The petition notes that, at present, According to the petition, the neither an approval nor an endorsement there are 7 wineries and 8 commercial proposed Dahlonega Plateau AVA has a by TTB of the wine produced in that vineyards covering a total of mean growing season length of 195 area. approximately 110 acres distributed days. Over 60 percent of the terrain VerDate Sep<11>2014 16:30 Jun 28, 2018 Jkt 244001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1

Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations 30537 within the proposed AVA has a growing the Winkler scale (Zones III and IV). The viticultural area, and also asked for season length in the range of 190 to 200 proposed AVA has a higher percentage comments on the accuracy of the name, days. The petition cited a publication by of terrain within Zone IV than any of the boundary, and other required the College of Agriculture and Life surrounding regions and lacks any information submitted in support of the Sciences at Cornell University in terrain in the very cool Zone I, the cool petition. The comment period closed on conjunction with the Institute for the Zone II, or the very warm Zone V. The January 31, 2017. Application of Geospatial Technology,1 petition indicated, that regions In response to Notice No. 166, TTB which states that sites with growing classified as Zones III or IV, such as the received one comment, which seasons between 190 and 200 days are proposed AVA, are suitable for growing supported the proposed AVA. The ‘‘not limited by growing season’’ a diverse range of late-ripening grape commenter stated that the Dahlonega because most grape varietals will be able varietals. plateau is a ‘‘gorgeous mountain region’’ to ripen within 200 days, while sites that has ‘‘unique wine-growing Precipitation with growing seasons shorter than 160 characteristics’’ that qualify it as an days are not recommended for According to the petition, the rising AVA. vineyards because most grape varietals elevations of the proposed Dahlonega would not have time to ripen fully. Plateau AVA and the regions to the TTB Determination Based on this guidance, the petition north and east cause the moisture-laden After careful review of the petition proposes that the vineyard owners can winds travelling inland from the Gulf of and the comment received in response plant many different grape varietals in Mexico and Atlantic Ocean to drop their to Notice No. 166, TTB finds that the the majority of the proposed AVA rain in the proposed AVA. Annual evidence provided by the petitioner without the fear of having too short of rainfall amounts within the proposed supports the establishment of the a growing season for the grapes to ripen. AVA are approximately 62 inches per Dahlonega Plateau AVA. Accordingly, The petition also provided the year and 17 inches during the winter under the authority of the FAA Act, growing season lengths for the areas months. The regions to the north and section 1111(d) of the Homeland surrounding the proposed AVA. The east generally receive more rainfall Security Act of 2002, and parts 4 and 9 regions to the north and northeast each annually and during winter than the of the TTB regulations, TTB establishes have a mean growing season of 164 proposed AVA, and the regions to the the ‘‘Dahlonega Plateau’’ AVA in days. Regions to the west and south, south and west generally receive less. Lumpkin and Whites counties of have growing seasons of 201 and 203 to The petition stated that the proposed Georgia, effective 30 days from the 205 days, respectively. The proposed AVA receives adequate annual rainfall publication date of this document. AVA has a higher percentage of terrain amounts, which make vineyard with a growing season length between irrigation seldom necessary. Boundary Description 190 and 200 days than all surrounding Furthermore, the petition provides data See the narrative description of the areas except the Hightower Ridges to the collected from the proposed AVA and boundary of the Dahlonega AVA in the east, where approximately 76 percent of surrounding regions showing that the regulatory text published at the end of the terrain is within this range of low winter rainfall amounts within the this final rule. growing season lengths. proposed AVA are relevant to viticulture because, when compared to Maps Growing Degree Days the data from the surrounding regions, The petitioner provided the required The petition noted that although low levels of rain in winter in the maps, and they are listed below in the growing season length is important proposed AVA reduce the possibility of regulatory text. because it reflects the number of frost- a delayed bud break and subsequent Impact on Current Wine Labels free days, the temperatures that are later harvest. reached during that frost-free period are Part 4 of the TTB regulations prohibits just as important to viticulture. The Notice of Proposed Rulemaking and any label reference on a wine that petition further stated that grape vines Comments Received indicates or implies an origin other than do not grow and fruit does not mature TTB published Notice No. 166 in the the wine’s true place of origin. For a when temperatures are below 50 degrees Federal Register on December 2, 2016 wine to be labeled with an AVA name Fahrenheit (F). Therefore, a region that (81 FR 86980), proposing to establish or with a brand name that includes an has a 180-day frost-free growing season the Dahlonega Plateau AVA. In the AVA name, at least 85 percent of the would still be unsuitable for viticulture notice, TTB summarized the evidence wine must be derived from grapes if temperatures seldom or never rise from the petition regarding the name, grown within the area represented by above 50 degrees F. boundary, and distinguishing features that name, and the wine must meet the The petition presented growing for the proposed AVA. The notice also other conditions listed in 27 CFR degree days (GDD) data using the compared the distinguishing features of 4.25(e)(3). If the wine is not eligible for Winkler zone scale 2 from the very cool the proposed AVA to the surrounding labeling with an AVA name and that Zone I, for regions accumulating 2,500 areas. For a detailed description of the name appears in the brand name, then or fewer GDDs in a growing season, to evidence relating to the name, the label is not in compliance and the the very warm Zone V, for regions boundary, and distinguishing features of bottler must change the brand name and accumulating over 4,000 GDDs. The the proposed AVA, and for a detailed obtain approval of a new label. data showed that the terrain within the comparison of the distinguishing Similarly, if the AVA name appears in proposed Dahlonega Plateau AVA is features of the proposed AVA to the another reference on the label in a sradovich on DSK3GMQ082PROD with RULES classified in the intermediate ranges of surrounding areas, see Notice No. 166 misleading manner, the bottler would and the petition for the proposed AVA, have to obtain approval of a new label. 1 A.N. Lakso & T.E. Martinson, ‘‘The Basics of which are posted in Docket No. TTB– Different rules apply if a wine has a Vineyard Site Evaluation and Selection’’ (2014), 2016–0012 at http:// brand name containing an AVA name available at http://arcserver2.iagt.org/vll/ downloads/BasicSiteEvaluation-2015.pdf. www.regulations.gov. In Notice No. 166, that was used as a brand name on a 2 A.J. Winkler et al., General Viticulture 60–71 TTB solicited comments on whether it label approved before July 7, 1986. See (2nd. Ed. 1974). should establish the proposed 27 CFR 4.39(i)(2) for details. VerDate Sep<11>2014 16:30 Jun 28, 2018 Jkt 244001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\29JNR1.SGM 29JNR1

30538 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations With the establishment of this AVA, § 9.263 Dahlonega Plateau. (9) Proceed generally east-northeast its name, ‘‘Dahlonega Plateau,’’ will be (a) Name. The name of the viticultural along the 1,800-foot elevation contour recognized as a name of viticultural area described in this section is approximately 170.72 miles (straight significance under § 4.39(i)(3) of the ‘‘Dahlonega Plateau’’. For purposes of line distance between points is TTB regulations. The text of the part 4 of this chapter, ‘‘Dahlonega approximately 20.43 miles), crossing regulation clarifies this point. Plateau’’ is a term of viticultural over the Noontootla, Suches, Neels Gap Consequently, wine bottlers using the significance. and Dahlonega maps and onto the name ‘‘Dahlonega Plateau’’ in a brand (b) Approved maps. The 9 United Cowrock map, to the intersection of the name, including a trademark, or in States Geological Survey (USGS) 1,800-foot elevation contour with Tom another label reference as to the origin 1:24,000 scale topographic maps used to White Branch; then of the wine, will have to ensure that the determine the boundary of the (10) Proceed southeast along Tom product is eligible to use the AVA name Dahlonega Plateau viticultural area are White Branch approximately 0.73 mile as an appellation of origin. The titled: to the 1,600-foot elevation contour; then establishment of the Dahlonega Plateau (1) Dawsonville, GA, 1997; (11) Proceed southeast in a straight AVA will not affect any existing AVA. (2) Campbell Mountain, GA, 2014; (3) Nimblewill, GA, 1997; line approximately 1.10 miles to the The establishment of the Dahlonega intersection of Cathey Creek and the Plateau AVA will allow vintners to use (4) Noontootla, GA, 1988; (5) Suches, GA, 1988; secondary highway marked Alt. 75; then ‘‘Dahlonega Plateau’’ as an appellation (6) Neels Gap, GA, 1988; (12) Proceed southwest in a straight of origin for wines made primarily from (7) Dahlonega, GA, 1951; line approximately 3.77 miles, crossing grapes grown within the Dahlonega (8) Cowrock, GA, 1988; and into the Cleveland map, to the Plateau AVA if the wines meet the (9) Cleveland, GA, 1951; photo intersection of two unnamed light-duty eligibility requirements for the revised 1973; photo inspected 1981. roads known locally as Dockery Road appellation. (c) Boundary. The Dahlonega Plateau and Town Creek Road; then Regulatory Flexibility Act viticultural area is located in Lumpkin (13) Proceed south in a straight line and White Counties, Georgia. The approximately 0.58 mile to the marked TTB certifies that this regulation will boundary of the Dahlonega Plateau not have a significant economic impact 1,774-foot elevation point; then viticultural area is as described below: on a substantial number of small (1) The beginning point is found on (14) Proceed southwest in a straight entities. The regulation imposes no new the Dawsonville map at the marked line approximately 0.60 mile to the reporting, recordkeeping, or other 1,412-foot elevation point at the 1,623-foot benchmark; then administrative requirement. Any benefit intersection of an unnamed light-duty (15) Proceed southwest in a straight derived from the use of an AVA name road known locally as Castleberry line approximately 2.73 miles, crossing would be the result of a proprietor’s Bridge Road and an unimproved road into the Dahlonega map, to the 1,562- efforts and consumer acceptance of known locally as McDuffie River Road. foot benchmark, then wines from that area. Therefore, no (2) From the beginning point, proceed (16) Proceed southwest in a straight regulatory flexibility analysis is north-northeast in a straight line line approximately 3.46 miles to the required. approximately 0.89 mile to the marked marked 1,480-foot elevation point near 1,453-foot elevation point; then the Mt. Sinai Church; then Executive Order 12866 (3) Proceed northwest in a straight (17) Proceed southwest in a straight It has been determined that this final line approximately 1.94 miles, crossing line approximately 2.13 miles to the rule is not a significant regulatory action onto the Campbell Mountain map, to the summit of Crown Mountain; then as defined by Executive Order 12866 of intersection of Arrendale Road and (18) Proceed west in a straight line September 30, 1993. Therefore, no Windy Oaks Road; then approximately 1.28 miles, crossing onto regulatory assessment is required. (4) Proceed northwest in a straight the Campbell Mountain map, to the line approximately 0.77 mile to the Drafting Information intersection of the 1,160-foot elevation intersection of the 1,400-foot elevation Dana Register of the Regulations and contour and Cane Creek; then contour and Dennson Branch; then Rulings Division drafted this final rule. (5) Proceed northwest in a straight (19) Proceed southwest in a straight line approximately 0.79 mile to the line approximately 1.61 miles to the List of Subjects in 27 CFR Part 9 intersection of the 1,300-foot elevation intersection of the 1,360-foot elevation Wine. contour and Mill Creek; then contour and Camp Creek; then The Regulatory Amendment (6) Proceed northwest in a straight (20) Proceed southwest in a straight line approximately 0.48 mile to the line approximately 2.02 miles, crossing For the reasons discussed in the intersection of the 1,500-foot elevation into the Dawsonville map, to the preamble, TTB amends title 27, chapter contour and Sheep Wallow Road; then intersection of the 1,200-foot elevation I, part 9, Code of Federal Regulations, as (7) Proceed northwest in a straight contour with the Etowah River, then follows: line approximately 1.74 miles to the (21) Proceed southwest in a straight PART 9—AMERICAN VITICULTURAL intersection of State Route 52 and the line approximately 1.29 miles to the AREAS Chattahoochee National Forest beginning point. boundary; then Signed: March 6, 2018. ■ 1. The authority citation for part 9 (8) Proceed northwest in a straight John J. Manfreda, continues to read as follows: line approximately 1.89 miles, crossing sradovich on DSK3GMQ082PROD with RULES onto the Nimblewill map and then Administrator. Authority: 27 U.S.C. 205. Approved: June 25, 2018. crossing over the marked 1,749-foot elevation point along an unnamed light Timothy E. Skud, Subpart C—Approved American Viticultural Areas duty road known locally as Nimblewill Deputy Assistant Secretary (Tax, Trade, and Church Road, to the line’s intersection Tariff Policy). ■ 2. Subpart C is amended by adding with the 1,800-foot elevation contour; [FR Doc. 2018–14035 Filed 6–28–18; 8:45 am] § 9.263 to read as follows: then BILLING CODE 4810–31–P VerDate Sep<11>2014 16:30 Jun 28, 2018 Jkt 244001 PO 00000 Frm 00014 Fmt 4700 Sfmt 9990 E:\FR\FM\29JNR1.SGM 29JNR1


Document Created: 2018-06-29 01:14:09
Document Modified: 2018-06-29 01:14:09
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 July 30, 2018.
ContactDana Register, 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. 022.
FR Citation83 FR 30535 
RIN Number1513-AC33
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