Establishment of the Shawnee Hills Viticultural Area (2002R-345P), 68463-68472 [E6-20023]
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Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Rules and Regulations
crossing Christensen Creek in section
35, T1S/R3W, and continuing to the
contour line’s intersection with Laurel
Road West, along the southern boundary
line of section 1, T2S/R3W, Laurelwood
map; then
(22) Proceed east 0.15 mile on Laurel
Road West to its intersection with the
200-foot contour line, along the
southern boundary line of section 1,
T2S/R3W, Laurelwood map; then
(23) Proceed easterly 17.5 miles along
the meandering 200-foot contour line,
and, after crossing onto the Scholls map
and crossing over Laurel Road South,
McCormick Hill Road four times, and
Midway Road, and after crossing over
and back on the Newberg map (crossing
Heaton Creek) in section 28, T2S/R2W,
continue to the contour line’s
intersection with Mountain Home Road,
east of Heaton Creek, section 21, T2S/
R2W, Scholls map; then
(24) Continue easterly and then
southerly 8.9 miles along the 200-foot
contour line and, after crossing Baker
Creek, skirting Laurel Ridge to the
north, crossing onto the Beaverton map,
crossing over and back on the Sherwood
map, crossing over in the northwest
corner of the Beaverton map, and
returning to the Scholls map, continue
to the contour line’s intersection with
the middle tributary of an unnamed
creek, along the western boundary line
of section 24, T2S/R2W, Scholls map;
then
(25) Proceed southeast along the
meandering 200-foot contour line and,
after crossing over to the northeast
corner of the Newberg map to the
Sherwood map, continue to the contour
line’s intersection with Edy Road,
section 25, T2S/R2W, Sherwood map;
then
(26) Proceed southwest along the
meandering 200-foot contour line and,
after crossing onto the Newberg map,
skirting part of Chicken Creek, and
returning to the Sherwood map,
continue to the contour line’s
intersection with Elwert Road, along the
eastern boundary line of section 25,
T2S/R2W, Sherwood map; then
(27) Proceed south 0.85 mile on
Elwert Road to its intersection with
Oregon Highway 99W, along the eastern
boundary line of section 36, T2S/R2W,
Sherwood map; then
(28) Proceed south-southwest 0.45
mile on Oregon Highway 99W to its
intersection with the 250-foot contour
line immediately south of an unnamed
Cedar Creek tributary, section 36, T2S/
R2W, Sherwood map; then
(29) Proceed southerly 1 mile along
the meandering 250-foot contour line to
its intersection with Middleton Road,
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section 1, T3S/R2W, Sherwood map;
then
(30) Proceed southwesterly 0.5 mile
on Middleton Road, which becomes
Rein Road, to the road’s intersection
with the 200-foot contour line,
immediately south of Cedar Creek,
section 1, T3S/R2W, Sherwood map;
then
(31) Proceed 1.6 miles generally east
along the 200-foot contour line to its
intersection, in the village of Middleton,
with an unnamed light-duty east-west
road locally known as Brookman Road,
section 6, T3S/R1W, Sherwood map;
then
(32) Proceed easterly 0.7 mile on
Brookman Road to its intersection with
the Washington-Clackamas County line,
at the northwest corner of section 5,
T3S/R1W, Sherwood map; then
(33) Proceed east 1 mile along the
Washington-Clackamas County line to
its intersection with Brown Road, at the
northeast corner of section 5, T3S/R1W,
Sherwood map; then
(34) Proceed southerly 1 mile on
Brown Road to its second intersection
with the 250-foot contour line,
immediately south of an intermittent
stream, in section 4, T3S/R1W,
Sherwood map; then
(35) Proceed southerly 2.8 miles along
the meandering 250-foot contour line,
skirting Hoodview, to the contour line’s
intersection with Baker Road, section
16, T3S/R1W, Sherwood map; then
(36) Proceed south 0.15 mile on Baker
Road to its intersection with the 200foot contour line, section 16, T3S/R1W,
Sherwood map; then
(37) Proceed southwesterly 13.1 miles
along the meandering 200-foot contour
line and, after crossing onto the
Newberg map, continue to the contour
line’s intersection with Wilsonville
Road, north of Willamette Greenway
State Park, section 60, T3S/R2W,
Newberg map; then
(38) Proceed northwesterly 2 miles on
Wilsonville Road to its intersection with
an unnamed tributary of Spring Brook,
east-northeast of Grouse Butte, section
57, T3S/R2W, Newberg map; then
(39) Proceed southwesterly 0.25 mile
along the unnamed tributary of Spring
Brook to its intersection with the 200foot contour line, section 57, T3S/R2W,
Newberg map; then
(40) Proceed westerly and then
northerly 0.45 mile along the 200-foot
contour line, following the base of
Grouse Butte, to the contour line’s
intersection with Wilsonville Road,
section 57, T3S/R2W, Newberg map;
then
(41) Proceed east 0.45 mile on
Wilsonville Road to its intersection with
the same unnamed tributary of Spring
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Brook, section 57, T3S/R2W, Newberg
map; then
(42) Proceed northeasterly 0.05 mile
along the unnamed tributary of Spring
Brook to its intersection with the 250foot contour line, southwest of the
quarries, section 57, T3S/R2W, Newberg
map; then
(43) Proceed northerly 2.2 miles along
the 250-foot contour line to its
intersection with Corral Creek Road
(misnamed Ladd Hill Road on the
Newberg map), south of Oregon
Highway 99W, section 15, T3S/R2W,
Newberg map; then
(44) Proceed north 0.5 mile along
Corral Creek Road to its western-most
intersection with an unnamed light-duty
road locally known as Veritas Lane,
section 15, T3S/R2W, Newberg map;
then
(45) Proceed north-northwesterly in a
straight line approximately 0.05 mile
and return to the beginning point.
Signed: September 8, 2006.
John J. Manfreda,
Administrator.
Approved: October 27, 2006.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. E6–20018 Filed 11–24–06; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[T.D. TTB–57; Re: Notice No. 39]
RIN 1513–AA70
Establishment of the Shawnee Hills
Viticultural Area (2002R–345P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
SUMMARY: This Treasury decision
establishes the Shawnee Hills
viticultural area in the Shawnee
National Forest region of southern
Illinois. We designate 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: Effective Date: December 27,
2006.
FOR FURTHER INFORMATION CONTACT: Rita
Butler, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street, NW.,
Washington, DC 20220; telephone 202–
927–8210.
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SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (the FAA Act, 27
U.S.C. 201 et seq.) requires that alcohol
beverage labels provide consumers with
adequate information regarding a
product’s identity and prohibits the use
of misleading information on those
labels. The FAA Act also authorizes the
Secretary of the Treasury to issue
regulations to carry out its provisions.
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers these
regulations.
Part 4 of the TTB regulations (27 CFR
part 4) allows the establishment of
definitive viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) contains the
list of approved viticultural areas.
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
distinguishable by geographical
features, the boundaries of which have
been recognized and defined 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 its
geographic origin. The establishment of
viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area is neither an approval nor an
endorsement by TTB of the wine
produced in that area.
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Requirements
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
Section 9.3(b) of the TTB regulations
requires the petition to include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the geographic
features, such as climate, soils,
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elevation, and physical features, that
distinguish the proposed viticultural
area from surrounding areas;
• A description of the specific
boundary of the proposed viticultural
area, based on features found on United
States Geological Survey (USGS) maps;
and
• A copy of the appropriate USGS
map(s) with the proposed viticultural
area’s boundary prominently marked.
Rulemaking Proceedings
Shawnee Hills Petition
TTB received a petition from Dr.
Theodore F. Wichmann, president of
Owl Creek Vineyard, Inc., and Dr. Imed
Dami, Illinois State Viticulturist,
proposing the establishment of the
‘‘Shawnee Hills’’ American viticultural
area in southern Illinois. The proposed
Shawnee Hills viticultural area lies
within portions of Alexander, Gallatin,
Hardin, Jackson, Johnson, Pope, Pulaski,
Randolph, Saline, Union, and William
counties. The Shawnee National Forest
is located largely within the proposed
area. The proposed viticultural area
covers about 2,140 square miles or 1.37
million acres between the Ohio and
Mississippi Rivers, and is
approximately 80 miles long east to
west and 20 miles wide north to south.
The proposed Shawnee Hills
viticultural area encompasses a region
of unglaciated hills and ridges that are
from 400 to 800 feet higher in elevation
than the flatter, glaciated land to the
north and the river flood plains to the
south.
Below, we discuss the evidence
presented in the Shawnee Hills
viticultural area petition.
Name Evidence
The Shawnee Indian Nation, led by
Chief Tecumseh and his brother, The
Prophet, occupied the southern Illinois
hill country in the early 1800s in an
attempt to stem the flow of white
settlers from the east. As a result, the
petition states, the Shawnee name
became attached to the hills, and
academic and State government
publications document the continued
use of the name. For example, the book
‘‘Land Between the Rivers’’ (C.W.
Horrell, et al., 1973), as cited in the
petition, describes the region as follows:
South of the Mount Vernon hill country
you come next to the Shawnee Hills [which
mark] the southernmost limit of the
prehistoric ice sheets. The Shawnee Hills
culminate in Shawneetown Ridge, a heavily
timbered wilderness of bluffs and knobs
reaching up to an elevation of over a
thousand feet, with rocky cliffs towering
hundreds of feet above the valley floor. The
Shawnee Hills are the heart of Southern
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Illinois [and] the 204,000 acre Shawnee
National Forest. (pg. 11.)
The Illinois State Geological Survey
map ‘‘Landforms of Illinois’’ (1980)
labels the hills within the proposed
viticultural area as the Shawnee Hills.
In addition, an Illinois Department of
Natural Resources brochure titled
‘‘Illinois’ Natural Divisions and
Biodiversity’’ (April 2002) describes the
State’s 14 unique natural regions. These
regions are based upon such natural
features as topology, geology, soils, and
climate, as well as their unique flora
and fauna. According to the brochure,
the Shawnee Hills natural region
consists of two sections, the Greater and
the Lesser Shawnee Hills.
‘‘Shawnee’’ also appears in many
other political and geographic names
within the proposed viticultural area,
including Shawneetown, Shawneetown
Ridge, and the Shawnee National Forest,
which lies largely within the proposed
area. Furthermore, five wineries within
the proposed viticultural area formed
the ‘‘Shawnee Hills Wine Trail’’ in
1996, which is described in a brochure
of the same name. According to the
petition, the names ‘‘Shawnee Hills’’
and ‘‘Shawnee Hills Wine Trail’’ have
been used numerous times in other
national, State, and local publications.
Boundary Evidence
People have raised grapes in southern
Illinois and the Shawnee Hills since
1860, according ‘‘Grape Culture’’ by
W.E. Gould (1891) as cited in the
petition. The region contained 1,250
acres of vineyards in 1890, and vintners
produced 19,750 gallons of wine in
1891, the petition adds, citing ‘‘Grape
and Wine Production in Illinois from
1983 to Present,’’ by R.M. Skirvin, et al.,
in ‘‘Illinois Grape Growers and Vintners
Association Conference Proceedings’’
(2000). Currently, there are eight
wineries and 51 vineyards with
approximately 160 acres planted to
wine varietals within the proposed
Shawnee Hills viticultural area, the
petition states, citing ‘‘1999 Grape
Growers and Vintner’s Survey,’’ in
‘‘Illinois Grape Growers and Vintners
Association Conference Proceedings’’
(2000).
Academic and Illinois State
government publications describe the
boundaries of the Shawnee Hills
landform, and the petition included
copies of these publications. As
described by Horrell, et al., the Shawnee
Hills is a region of unglaciated hills and
ridges that extends across southern
Illinois, about 80 miles long, from the
Ohio River in the east to the Mississippi
River in the west, and approximately 20
miles wide from north to south. The
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region’s elevation is its most
distinguishing feature, averaging
roughly 400 to 800 feet higher in
elevation than the glaciated land
immediately to the north and the
Mississippi and Ohio River flood plains
immediately to the south.
According to the petition, and the
State of Illinois publications and maps
submitted with it, the eastern boundary
of the Shawnee Hills landform is the
bluff line along the Ohio River, while
the landform’s western boundary is the
high bluff line above the Mississippi
bottomland. The ‘‘Illinois’ Natural
Divisions and Biodiversity’’ brochure
notes that the Mt. Vernon Hill Country
section of the Southern Till Plain
division lies north of the Shawnee Hills.
As the petition and the accompanying
publications note, the dividing line
between the Shawnee Hills region and
the Mt. Vernon Hill Country marks the
southernmost advance of Ice Age
glaciers. The area immediately to the
south of the Shawnee Hills consists of
the lowlands and flood plains found
along the Ohio and Mississippi Rivers.
This region, according to the petition, is
commonly called the ‘‘Cairo Delta.’’
Differences between the natural
boundaries of the Shawnee Hills region
and the boundaries of the proposed
Shawnee Hills viticultural area are
minor and largely a matter of
convenience. For example, a road near
the base of the Mississippi River bluff
rather than a complex meandering
elevation line is used to mark a portion
of the proposed area’s western
boundary. The proposed Shawnee Hills
viticultural area boundary also follows,
in places, the boundary of the Shawnee
National Forest, which covers much of
the Shawnee Hills region.
Distinguishing Features
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Elevation
As noted by the petitioners and by
Horrell, et al., in ‘‘Land Between the
Rivers,’’ elevation is the most obvious
feature distinguishing the Shawnee
Hills from surrounding areas. As shown
on the ‘‘Paducah; Kentucky: IllinoisMissouri-Indiana’’ USGS map (1987)
submitted with the petition, the
Shawnee Hills range from 400 to 800
feet higher in elevation than the
glaciated land to the north and the river
delta land to the south. Most of the
highest elevations in Illinois, many
above 1,000 feet, are in the Shawnee
Hills.
According to the petition, spectacular
hills and ridges and a unique
mesoclimate characterize the proposed
Shawnee Hills viticultural area. Nearly
all vineyards in the proposed Shawnee
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Hills viticultural area are on ridge tops
and bench lands ranging between 600
and 900 feet in elevation. As such, the
commercial vineyards in the Shawnee
Hills area have experienced little or no
spring frost or winter freeze injury. An
additional benefit of the Shawnee Hills
topography, the petition notes, is the
enhanced air circulation caused by
constant summer breezes, allowing
faster drying of vineyard leaves and fruit
clusters following rain, thus minimizing
the risk of fungal infections in an
otherwise humid, wet climate.
In contrast, the Mt. Vernon Hill
County region immediately to the north
of the Shawnee Hills was glaciated, and,
as a result, is 400 to 500 feet lower in
elevation than the Shawnee Hills,
according to the petition, which adds
that the Mt. Vernon region is relatively
flatter with no high ridges, cliffs, or
gorges. Horrell, et al., describe the
topography of the Mt. Vernon Hill
Country as ‘‘rolling farmland.’’
The Cairo Delta area to the south of
the Shawnee Hills is lower still,
averaging about 300 to 400 feet in
elevation, with an extremely flat
topography that is often totally flooded
by the Mississippi, Ohio, Wabash, and
Cache Rivers, which all converge there.
This delta region comprises all of the
land in Illinois south of the Shawnee
Hills. Horrell, et al. (1973), describe this
area as follows:
Beyond Shawneetown Ridge the land
drops away in gentle foothills to the lowlying swamps and lakes along the Cache
River—the ancient bed of the Ohio River.
Beyond Cache valley you come to the flood
plain of the Ohio River itself. Two similar
flood plains border Southern Illinois on the
east and west, forming the banks of the
Wabash and Mississippi rivers.
Geology
The petitioners also note that the
geological characteristics of the
Shawnee Hills are a distinguishing
feature. The ‘‘Illinois Geological
Survey,’’ compiled by H.B. William, et
al. (1967), as cited in the petition, notes
that the backbone of the Shawnee Hills
is the Shawneetown Ridge, a high ridge
of Pennsylvanian, Caseyville Formation
Battery Rock sandstone up to 600 feet
thick, which runs east to west from the
Ohio River south of the village of
Shawneetown to the Mississippi River
near the town of Chester. This rock is
very obvious in the ridge’s south-facing
bluffs, as well as along the north-south
roads cut through it. The ridge’s
northern slope consists primarily of
Pennsylvanian, Abbott Formation,
Grindstaff sandstone up to 350 feet
thick. The southern slope consists
primarily of Mississippian Upper
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Chesterian, Grove Church shale up to 65
feet thick, and Kinkaid Limestone,
which is 110 to 180 feet thick. The
bluffs above the Mississippi River
consist primarily of Lower Devonian
Clear Creek chert and Backbone
limestone.
This underlying mixture of sandstone,
chert, and limestone gives the Shawnee
Hills a Karst-like topography,
honeycombed with sinkholes and
limestone caves feeding many surface
springs, the petition states. One of the
few such areas in Illinois, the petition
notes that this combination of steep
slopes, rock fissures, sink holes, and
caves provides the proposed viticultural
area with superior surface and ground
water drainage in a region that often has
excessive rainfall (38 to 46 inches
annually).
In contrast, the petition notes, the Mt.
Vernon Hill Country to the north of the
Shawnee Hills was totally glaciated,
resulting in lower elevations, flatter
topography, and a different geology. The
southern portion of the Mt. Vernon Hill
Country consists primarily of
Pennsylvanian, Spoon Formation,
Curlew limestone layered with DeKoren
and Davis coal, as well as Carbondale
Formation, Piasa limestone with
number 2, 5, and 6 coals. The northern
part of the Mt. Vernon Hill Country area
consists primarily of Modesto
Formation Shoal Creek limestone 200 to
500 feet thick with number 7 and 8 coal
throughout, as well as Bond Formation,
Millersville limestone 100 to 350 thick.
Horrell, et al. (1973), describe this area
as ‘‘a great crescent stretching southeast
from Randolph and Perry counties to
Gallatin county, where coal beds come
so close to the surface that they have
made this the most heavily mined
region in the state.’’
Also in contrast, the petition notes
that the Cairo Delta area south of the
Shawnee Hills was flattened by water
from both glacial melt and the
tremendous flow and flooding of the
two largest rivers in the country—the
Mississippi and the Ohio, which eroded
and replaced rock with clay, sand, and
gravel. According to the ‘‘Illinois State
Geological Survey,’’ the northern part of
the delta area consists of Cretaceous,
Gulfian McNary sand, and Tuscaloesa
gravel. The southern part of the delta
region consists of Paleocene and Eocene
Wilcox Formation, Porters Creek clay 75
to 150 feet thick.
Climate
Another distinguishing factor of the
proposed Shawnee Hills viticultural
area, according to the petitioners, is its
climate. While the Shawnee Hills area
generally has a continental climate, as
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does all of the Midwestern United
States, the hills climatically separate the
upper Midwest from the South. The
petition states that the Shawnee Hills
region is warmer than the adjacent areas
to the north but cooler than the adjacent
areas to the south, which are often too
hot in the summer to grow quality
grapes. This climate provides a longer
growing season for ripening late
varieties of grapes, higher degree-days
for optimum ripeness, and fewer winter
occurrences of below-zero degree
Fahrenheit temperatures, which can kill
Shawnee Hills, Mt. Vernon, and Cairo
temperature data. The table shows that
the Shawnee Hills could be classified as
a mid-Region IV climate in the Winkler
heat summation climate classification
system, with 3,770 growing degree-days.
(During the growing season, one degree
day accumulates for each degree
Fahrenheit that a day’s median
temperature is above 50 degrees, which
is the minimum temperature required
for grapevine growth. See ‘‘General
Viticulture,’’ by Albert J. Winkler,
University of California Press, 1974.)
buds and damage wood on many grape
varieties, according to the petition.
As evidence of this unique climate,
the petition included data from the
Midwestern Climate Center (https://
mcc.sws.uiuc.edu/summary) for Mt.
Vernon, Anna, and Cairo, Illinois. Anna
is located within the proposed Shawnee
Hills viticultural area; Mt. Vernon,
which is within the Mt. Vernon Hill
Country region, is approximately 50
miles north of Anna; while Cairo, which
is within the Cairo Delta region, is
approximately 35 miles south of Anna.
The table shown below, which the
petitioners provided, compares
HEAT SUMMATION AS DEGREE-DAYS ABOVE 50 DEGREES FAHRENHEIT FOR THE PERIOD APRIL 15 TO OCTOBER 15
Degree days over 50° F
Climate
station
Apr 15–30
Mt. Vernon ........
Anna .................
Cairo .................
May
108
127
159
Jun
447
498
586
Jul
706
733
823
Aug
835
868
950
Sept
774
815
872
550
587
643
Winkler climate
region
Apr 15–
Oct 15
Oct 1–15
123
142
168
3,543
3,770
4,201
Low Region IV
Mid Region IV
Low Region V
Source Midwest Climate Center Data: https://mcc.sws.uiuc.edu/summary/data.
For the proposed Shawnee Hills
viticultural area, average temperatures
are highest from mid-June to midAugust during early ripening; then the
temperatures taper off in September and
October, which is the period of late
ripening and harvest. Typically, the area
experiences warm days and cool nights
from late August to October.
The table below, which the
petitioners also provided, describes the
length of growing season for the three
areas (Mt. Vernon, Anna, and Cairo). For
the Shawnee Hills, the median last
spring frost occurs by April 10. In 10
percent of the years, the last frost
occurred after April 23. North of this
area, the median last spring frost occurs
in mid-April, with 10 percent occurring
after May 2. Since bud break generally
occurs during the second week of April,
areas to the north of the Shawnee Hills
often experience more bud and shoot
damage due to late frost. Also, since the
first frost in the fall occurs one to three
weeks later in the Shawnee Hills than
in areas to the north, late varieties such
as Chambourcin and Norton ripen more
fully before leaf drop.
GROWING SEASON SUMMARY, 1961–1990 BASE TEMPERATURE = 32 DEGREES FAHRENHEIT
Date of last spring frost occurrence
Date of first fall frost occurrence
Length of growing season
Station
Median
Mt. Vernon ..................
Anna ...........................
Cairo ...........................
4/12
4/10
3/24
90%
10%
3/27
3/23
3/01
5/02
4/23
4/08
Median
90%
10/16
10/27
11/13
10%
10/03
10/12
10/31
Median
10/29
11/07
11/28
90%
184
200
233
10%
207
215
260
150
186
214
Source Midwest Climate Center Data: https://mcc.sws.uiuc.edu/summary/data.
Because the Midwestern United States
is a continental climate, one of the
limiting factors in growing quality wine
grapes is dormant wood and bud
damage due to extreme cold
temperatures in the winter. The next
table, as provided by the petitioners,
shows that the Shawnee Hills area
averages 81 days below 30 degrees
Fahrenheit and 1.8 days below 0 degrees
Fahrenheit each year. The region
immediately to the north averages 104
days below 30 degrees Fahrenheit and
3.5 days below 0 degrees Fahrenheit.
One or two days of extreme cold can
mean the difference between a full crop
and healthy wood, and a partial crop
and damaged wood.
AVERAGE ANNUAL TEMPERATURE VARIATION
[Averages: 1961–1990; Extremes: 1896–2000]
Average annual temperature
(degrees fahrenheit)
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Station
Maximum
Mt. Vernon ...........................................................................
Anna .....................................................................................
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Minimum
65.0
67.1
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Annual number of days of
minimum temperature
Mean
42.9
46.1
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<32° F
54.0
56.6
27NOR1
<0° F
104
81
3.5
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AVERAGE ANNUAL TEMPERATURE VARIATION—Continued
[Averages: 1961–1990; Extremes: 1896–2000]
Average annual temperature
(degrees fahrenheit)
Station
Maximum
Cairo .....................................................................................
Minimum
67.5
Annual number of days of
minimum temperature
Mean
49.9
<32° F
58.7
<0° F
64
0.7
Source: Midwest Climate Center Data: https://mcc.sws.uiuc.edu/summary/data.
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Rainfall
The petitioners note that while
rainfall does not appear to be a
distinguishing feature for the proposed
Shawnee Hills viticultural area, the
area’s drainage capacity does differ from
that of surrounding areas. Because of its
well-drained soils, steep topography,
and limestone base, the Shawnee Hills
can shed excess water more quickly and
completely than adjacent areas. In the
Shawnee Hills area, most precipitation
occurs in the spring months of March
through May. The driest months are
generally September and October,
which receive an average of only 2 to 3
inches per month. Although the area
receives excessive rainfall on an annual
basis, the growing season and the
harvest months are more moderate in
terms of rainfall. The drier harvest
months allow grapes to develop more
intensity in flavor, color, sugar, and
acid. In most years, the petition states,
the Shawnee Hills vineyards produce
wine grapes that are very well balanced
relative to these quality parameters.
Soils
While noting that soils vary in the
Shawnee Hills region, the petitioners
provided a general description
contrasting the soils of the proposed
area with the soils of adjacent areas. As
noted on the ‘‘General Soil Map of
Illinois,’’ prepared by J.B. Fehrenbacher
(1982), the soils in the proposed
Shawnee Hills viticultural area are,
generally, class XIII and class XIV,
which tend to be thin loess with or
without residuum on limestone or
interbedded sandstone, siltstone, and
shale. The main soils are Alford,
Hosmer, Wellston, and Zanesville. All
of these soils are light colored,
moderately developed, and moderately
well drained. The western and southern
parts of the area tend to have deeper
soils, 12 to 20 feet thick, on limestone.
The central and northern parts of the
area tend to have soil that is 20 to 48
inches thick on sandstone, siltstone, and
shale. The primary viticultural
advantage of the soils within the
Shawnee Hills is that they are
moderately well drained and are of low
fertility.
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Soil drainage in the Shawnee Hills
area is moderate to excellent. In this
area of Karst topography, the loess soils,
which tend to erode easily, are very
good for quality vines and grapes.
However, the best vineyard sites within
the proposed Shawnee Hills viticultural
area are on flat ridge tops and bench
lands with deep soils that are not highly
eroded.
In contrast, the soil north of the
Shawnee Hills in the Mt. Vernon Hill
Country are class II, which are primarily
thick loess (30 to 70 inches) on Illinois
drift. The main soils are Stoy, Weir,
Bluford, Wynoose, Colp, and Del Rey.
These soils tend to be much deeper than
those in the Shawnee Hills, as well as
more fertile but with poorer drainage. In
general, these soils are more suited to
growing such crops as corn and
soybeans, which are the primary crops
of the Mt. Vernon Hill Country, than to
growing apples, peaches, and grapes,
which are the primary crops in the
Shawnee Hills area. The soils south of
the Shawnee Hills in the Cairo Delta,
according to the petition, are primarily
class XV, which are sandy to clay
alluvial sediments on bottomlands. The
soils include Lawson, Sawmill, Darwin,
Haymond, Perrolia, and Karnak. These
soils tend to be poorly developed and
poorly drained.
Notice of Proposed Rulemaking
On April 8, 2005, TTB published a
notice of proposed rulemaking regarding
the establishment of the Shawnee Hills
viticultural area in the Federal Register
(70 FR 17940) as Notice No. 39.
Comments on the proposed
establishment of the Shawnee Hills
viticultural area were due on or before
June 7, 2005.
the Southernmost Illinois Tourism
Bureau, various wine industry members
with interests within the proposed area,
and several wine consumers. In
addition, TTB received a detailed
response to the opposing comments
from one of the original Shawnee Hills
petitioners, Dr. Theodore F. Wichmann,
president of Owl Creek Vineyard, Inc.
Opposing commenters included
industry members with interests in
southern Illinois outside of the
proposed area, the president of the
Greater Shawnee Grape Growers
Association (GSGGA), and the mayors of
Pulaski and Benton, Illinois.
Below, we discuss the issues raised by
the opposing commenters. We discuss
some opposing comments individually,
and where more than one opposing
comment covers the same issue, we
address those comments as a group.
Where applicable, we also discuss Dr.
Wichmann’s responses to the opposing
comments. We do not discuss the 28
supporting comments in detail.
Opposing Comments in Support of a
Larger Viticultural Area
All commenters opposed to the
establishment of the proposed Shawnee
Hills viticultural area as outlined in
Notice No. 39 express support for
expanding the proposed viticultural
area and naming it ‘‘Shawnee,’’ ‘‘Greater
Shawnee,’’ or ‘‘Southern Illinois.’’ For
example, an industry member
associated with the Shawnee Winery
comments that ‘‘the area should be
designated as all of Southern Illinois
south of Interstate 64 and from the
Mississippi River to the Wabash River.’’
A few commenters support an even
larger viticultural area encompassing all
of Illinois south of Interstate 70.
Comments Received
We received 46 comments in response
to Notice No. 39. Of those, 28 comments
supported the petition and 18 comments
opposed the petition, including one
comment with 84 additional signatures
attached.
Supporting commenters included the
Governor of Illinois, two officers of the
Illinois Grape Growers and Vintners
Association (IGGVA), a representative of
Economic Consequences, Development,
and Support
Most opposing commenters
supporting the designation of a larger
viticultural area in southern Illinois
note that more growers would reap the
economic benefits from inclusion
within a larger viticultural area. One
commenter states that a viticultural area
encompassing all of Illinois south of
Interstate 64 would double the number
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of growers able to benefit from inclusion
in a viticultural area. Another
commenter believes that the number of
benefiting growers could triple. Several
opposing commenters also add that,
with a larger viticultural area, wineries
would have more grapes to choose from.
Some opposing commenters also state
that exclusion from the proposed
Shawnee Hills viticultural area would
have negative economic consequences
for their operations and those of other
excluded southern Illinois growers. For
example, the owner of the Flint Hill
Vineyard near Muddy, Illinois, states
that exclusion from the proposed area
would ‘‘negatively affect the price of my
grapes,’’ and that as a result he could be
displaced by novice growers. A
Carbondale-area grower also notes that
exclusion from the proposed Shawnee
Hills viticultural area ‘‘would put my
grapes in a competitive disadvantage
and impose economic hardship on my
existing enterprise.’’
In addition, several opposing
commenters state that the creation of a
smaller, rather than a larger, viticultural
area in southern Illinois would
negatively affect economic development
efforts in the region. A commenter
associated with the Office of Economic
and Regional Development at Southern
Illinois University states, ‘‘The future of
the viticultural industry in southern
Illinois is dependent upon a whole
region, not the gerrymandered version
being proposed.’’ The owners of the Lost
Creek Vineyard near Benton, Illinois,
believe that the development of grape
growing in southern Illinois should be
given the same consideration in setting
the boundaries of the proposed
viticultural area as soil and climate
conditions.
Several opposing commenters fear
that economic development incentives
and technical assistance offered by the
State of Illinois to viticulturists, as well
as U.S. Department of Agriculture
assistance and loans, could be denied to
growers outside of the proposed
viticultural area. In particular, three
growers who identified themselves as
minority group members commented on
this concern. Noting his exclusion from
the proposed Shawnee Hills viticultural
area, one such grower from Carrier
Mills, Illinois, believes that it is ‘‘highly
likely in the future I will hear that the
location of my vineyard does not justify
any State support’’ or support from the
banking establishment.
Arbitrary Boundaries
Some opposing commenters state that
the proposed Shawnee Hills viticultural
area boundaries are arbitrary, leaving
some growers outside the proposed area
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by a few miles or, in some cases, ‘‘by a
matter of a few hundred feet!’’ Others
contend the proposed viticultural area
boundary is arbitrary since it does not
encompass most growers in southern
Illinois or does not include all of the
historic grape growing areas within
southern Illinois. For example, the
mayor of Benton, Illinois, comments
that ‘‘[t]here are just too many vineyards
scattered through [southern Illinois] to
pretend to draw an artificial line * * *
along the bottom of ditches, unnamed
dirt roads, and through the center of
communities like Carbondale and
Marion.’’
While most opposing commenters
expressed their support for a larger
viticultural area in general terms,
several other industry members sought
the addition of specific vineyard
properties to the viticultural area as
proposed. For example, the owner of the
Flint Hill Vineyard notes that while
members of his family have grown
grapes on the same ridge since the
1920s, that ridge was excluded from the
proposed viticultural area by a few
miles. The president of the GSGGA
states that his vineyard is outside of the
proposed Shawnee Hills viticultural
area ‘‘by less than one-quarter mile.’’
Lack of Distinguishing Characteristics
A few opposing commenters also state
that the boundary of the proposed
Shawnee Hills viticultural area is
arbitrary since the proposed area is not
truly distinguishable from the rest of
southern Illinois based on its geography,
climate, or soils.
In his comment, the president of the
GSGGA included a table showing the
elevation of various southern Illinois
communities in support of his
contention that the elevations found
inside and outside the proposed
Shawnee Hills viticultural area are not
significantly different. These elevation
differences between the proposed
viticultural area and the surrounding
region, this opposing commenter
concludes, ‘‘are not significant enough
to warrant a case for different growing
conditions,’’ and thus will not result in
‘‘detectable flavor differences’’ in the
resulting wine.
The GSGGA president notes in
particular that, given the 30-mile
distance between them, the difference in
elevation between Alto Vineyards, one
of the highest vineyards within the
proposed Shawnee Hills viticultural
area, and his Monte Alegre Vineyard,
outside of the proposed area, results in
only a slope of 0.20 percent. In terms of
climate, he states that ‘‘elevation
differences of the order or 300 feet for
over 30 to 40 miles do not present a
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topographical hurdle for the large
continental air masses that dominate the
climate of the region.’’ This commenter
notes that the relative flatness and
location in the center of the continent
gives southern Illinois ‘‘very uniform
climatic characteristics.’’
Other commenters also contend that
there is little difference in the climate of
the proposed Shawnee Hills viticultural
area when compared with the climate of
the surrounding region of southern
Illinois, particularly as measured in
average temperatures, last and first frost
dates, heat accumulation as measured in
degree days,1 or in average rainfall. One
grower notes, ‘‘Every year, the trees bud
and turn at the same time, the farmers
plant and harvest at the same time,
[and] the rivers are all high or low at the
same time.’’
A few opposing commenters also
questioned the soil differences outlined
by the original petitioners. One
commenter notes that soils in southern
Illinois ‘‘are mostly all acidic, heavy
soils, with organic content in the 1 to
2% range or less, and although they may
exhibit differences in texture, this
texture can change within a single
vineyard.’’ This commenter adds ‘‘these
marginal differences will be
undetectable in the wine.’’
Other Issues
Some opposing commenters believe
inclusion within a viticultural area is a
judgment of the quality of an area’s fruit
and that grapes from vineyards outside
of the proposed area will be regarded as
substandard. The mayor of Pulaski,
Illinois, states in his comment that the
Shawnee Hills petition ‘‘simply
assumes’’ that the hills surrounding the
village are ‘‘substandard for grapes.’’
One opposing commenter questioned
the value of establishing a viticultural
area in a region that grows only FrenchAmerican hybrids and North American
varieties since these ‘‘do not aspire to
the flavor complexities’’ usually found
in wines from viticultural areas growing
vinifera grapes. In addition, a few
opposing commenters note that the
petitioners did not consult with growers
outside the proposed Shawnee Hills
viticultural area in developing their
proposal.
Petitioner’s Response
Regarding the economic issues raised
by the opposing commenters, the lead
1 As a measurement of heat accumulation during
the growing season, one degree day accumulates for
each degree Fahrenheit that a day’s mean
temperature is above 50 degrees, which is the
minimum temperature required for grapevine
growth. See ‘‘General Viticulture,’’ by Albert J.
Winkler, University of California Press, 1974.
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Shawnee Hills petitioner, Dr.
Wichmann, notes in his response that
some southern Illinois growers may
mistakenly believe that the
establishment of a viticultural area
limits to whom they may sell their
grapes or who may buy their grapes. The
petitioner dismisses the role of
viticultural areas in economic
development as being irrelevant since
viticultural areas are established only to
‘‘inform consumers of where the grapes
in a given bottle of wine were grown.’’
The petitioner also states that the
establishment of a viticultural area does
not ‘‘imply or guarantee the quality of
grapes grown within or outside its
boundaries.’’
The Shawnee Hills petitioner
contends that, by definition, a
viticultural area’s boundaries are
restrictive since the boundaries define
an area that is different from
surrounding areas. In this case, the
petitioner states that the proposed
Shawnee Hills viticultural area differs
from the surrounding areas of southern
Illinois in that the Shawnee Hills
landform is higher than surrounding
areas, is warmer, and has different soils.
The petitioner’s response notes that the
president of the GSGGA compared the
elevations of communities outside of the
proposed Shawnee Hills viticultural
area mostly with communities located at
the bottom of valleys and gorges within
the proposed area, which, the petitioner
states, minimizes the elevation
differences between the proposed area
and the rest of southern Illinois. The
petitioner states that most commercial
vineyards in the Shawnee Hills are ‘‘on
high ridges above 600 feet’’ while
elevations in the Mt. Vernon Hill
Country north of the proposed area
range from 300 to 450 feet and are no
higher than 500 feet.
In terms of climate, the petitioner
acknowledges that southern Illinois has
the same overall macroclimate and
agrees that the differences in elevation
do not ‘‘present a topographical hurdle’’
for the large continental air masses that
cover the region. Rather, the petitioner
contends that the opposing commenters
ignore how changes in elevation of 100
to 300 feet can change an area’s
mesoclimate and how changes in
elevation of as little as 10 feet can effect
a vineyard’s microclimate. The
petitioner’s response specifically notes
that due to cold air drainage, especially
during times of minimum temperatures,
the ridgetop vineyards within the
proposed viticultural area are slightly
warmer than vineyards to the north of
the proposed area, a difference the
petitioners contend is significant for
growing grapes.
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In terms of soil differences, the
petitioner’s response states that soils
within the proposed Shawnee Hills
viticultural area are class XIII and class
XIV, which tend to be thin loess on
limestone, with the main soils being of
the Alford, Hosmer, Wellston, and
Zanesville series. In contrast, the
petitioner states, the soils to the north
in the Mt. Vernon Hill Country are class
II, which are primarily thick loess on
Illinois drift. The main soils there are of
the Stoy, Weir, Bluford, Wynoose, Colp,
and Del Rey series.
TTB Response
General Discussion: As previously
stated, a viticultural area is defined
under the TTB regulations as a
delimited grape growing region
distinguishable by geographical
features. TTB considers evidence
relating to name, boundaries, and
geographical features in determining
whether to approve a petitioned-for
viticultural area. Though the
establishment of a particular viticultural
area may potentially have an economic
impact on local grape growers and
wineries outside the area, viticultural
area designations under TTB regulations
are not made on the basis of the
potential economic impacts in adjacent
localities. We designate viticultural
areas in order to allow vintners to better
describe the origin of their wines and to
allow consumers to better identify the
wines they may purchase.
TTB wishes to clarify that the
establishment of a viticultural area, by
itself, does not prohibit or limit the sale
of grapes grown outside the established
area to vintners within the established
area. The designation of a viticultural
area only restricts the use of the name
of the viticultural area and any related
term of viticultural significance on wine
labels and in wine advertisements.
Requirements for the use of appellations
of origin, including viticultural area
names, are contained in § 4.25 of the
TTB regulations (27 CFR 4.25). In order
to use a viticultural area name on a wine
label, at least 85 percent of the wine
must be derived from grapes grown
within the viticultural area and the wine
must be finished within the State or
States in which the viticultural area lies.
However, this does not mean that
vintners within a designated viticultural
area may only produce wines that are
subject to the 85 percent rule. Vintners
located within a viticultural area may
continue to produce wine from grapes
grown outside that area; they simply
would not be able to use the viticultural
area name on the label of a wine that
does not meet the 85 percent rule.
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68469
TTB also wishes to clarify, as
previously noted in this document, that
its establishment of a viticultural area is
neither an approval nor an endorsement
by TTB of the grapes grown or the wine
produced in that area. Therefore,
financial or other assistance to a
viticultural enterprise should not be
based solely on the enterprise’s location
inside or outside of a viticultural area.
Opposing comments raised several
other issues that do not pertain to the
approval standards for viticultural areas
under the TTB regulations. TTB
understands that these issues are
important to the commenters;
nevertheless, those issues are beyond
the scope of this rulemaking action.
Viticultural Area Boundary and
Distinguishing Characteristics: TTB
understands that many growers in
southern Illinois support the
establishment of a larger viticultural
area. By definition, a viticultural area is
a ‘‘delimited grape-growing region
distinguishable by geographic features.’’
In other words, by its very nature, a
viticultural area is a limited
geographical area that excludes those
growers outside that limited region. It is
not the intent of TTB to harm any
industry member excluded from the
petitioned-for viticultural area. Rather,
the designation of a viticultural area
merely signifies that the viticultural area
is different from surrounding areas
based on one or more geographic
factors. These factors may include, but
are not limited to, climate (temperature,
precipitation, fog, winds, etc.), soils,
geology, topography, elevation, or
another physical feature that may affect
growing conditions within the area.
TTB believes the evidence provided
in the petition shows that the proposed
Shawnee Hills viticultural area
encompasses an area that is different
from the surrounding areas of southern
Illinois. We note the evidence available
to us shows that the Shawnee Hills
landform is generally higher in
elevation, has a different underlying
geology, has somewhat warmer vineyard
temperatures due to cold air drainage,
and has different soils when compared
to the surrounding areas of southern
Illinois. While we recognize that grapes
are grown across southern Illinois, to
include growers outside the proposed
viticultural area would ignore the
differences between the Shawnee Hills
landform and the surrounding region of
the State.
As required by our regulations, we
use features (both natural and manmade) found on the USGS map supplied
by the original petitioners to define the
boundary of the proposed Shawnee
Hills viticultural area. As a result, the
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proposed viticultural area’s boundary
may fall slightly inside or outside of the
Shawnee Hills landform’s natural
boundary. As noted in Notice No. 39,
rather than using the exact natural limit
of the Shawnee Hills, which is
delineated by a complex set of elevation
lines, we mark the boundary of the
proposed viticultural area using more
convenient features, such as nearby
roads and streams. This is consistent
with our past practice regarding the use
of features different from a viticultural
area’s natural extent to draw its
boundary. (For example, see the
Boundary Description section of T.D.
TTB–27, Establishment of the Ribbon
Ridge Viticultural Area, published in
the Federal Register on June 1, 2005, at
70 FR 31342.)
However, TTB will entertain a
properly prepared and submitted
petition from any interested party
regarding the establishment of a larger
viticultural area in southern Illinois
under an appropriate name. Section
4.25(e)(2) of the TTB regulations
outlines the requirements for proposing
an American viticultural area. A
viticultural area petition must include
evidence related to the proposed area’s
name, its boundaries, and its
distinguishing geographic features, as
well as a specific description of and
maps showing the proposed area’s
boundaries. For details, see the
Requirements section above and § 9.3(b)
of our regulations.
In addition, TTB notes that all Illinois
vintners may use ‘‘Illinois’’ or the name
of an Illinois county as an appellation
of origin provided that the wine in
question meets the requirements of 27
CFR 4.25. Multistate and multicounty
appellations can also be claimed for
some wines (see § 4.25(c) and (d) for
details).
Opposing Comments Regarding Possible
Consumer Confusion
As noted above, all commenters
opposing the establishment of the
proposed Shawnee Hills viticultural
area express support for a larger
viticultural area to be named
‘‘Shawnee,’’ ‘‘Greater Shawnee,’’ or
‘‘Southern Illinois.’’ In addition, one
commenter states that the Shawnee
Hills name is inappropriate and could
cause consumer confusion since that
name is associated with a ‘‘small five or
six winery wine trail’’ that ‘‘represents
a very small geographic area’’ within the
proposed viticultural area. The same
commenter adds that the Shawnee Hills
name ignores that the grapegrowing and
winemaking area ‘‘already accepted by
the public’’ includes all of southern
Illinois.
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A similar comment states that some
consumers may come to believe that
only those wineries located along the
Shawnee Hills Wine Trail are included
in the Shawnee Hills viticultural area.
Likewise, the president of the GSGGA
notes in his comment that other
localities in Kentucky and Ohio also are
known as ‘‘Shawnee Hills,’’ which he
believes could cause consumer
confusion over the location of a
Shawnee Hills viticultural area.
Petitioner’s Response
The lead Shawnee Hills petitioner
sees no potential for consumer
confusion since Shawnee Hills ‘‘is the
name of the landform itself’’ and that
name is used by agencies of the State of
Illinois, ‘‘as well as by many others.’’
The petitioner adds that ‘‘Southern
Illinois’’ or ‘‘Little Egypt’’ may be
appropriate for a larger, regional
viticultural area.
TTB Response
After considering the petition
evidence and the comments received,
TTB concludes that the ‘‘Shawnee
Hills’’ name is appropriate for the
proposed viticultural area. We note that
the Illinois State Geological Survey’s
‘‘Landforms of Illinois’’ map labels the
landform within the proposed Shawnee
Hills viticultural area as the Shawnee
Hills. Other State of Illinois publications
also use this name for the hills and
ridges located within the proposed
viticultural area. TTB believes the
names ‘‘Greater Shawnee,’’ ‘‘Southern
Illinois’’ or ‘‘Little Egypt’’ may best be
associated with a region larger than the
proposed Shawnee Hills viticultural
area and, therefore, are not appropriate
for the smaller proposed viticultural
area. As noted above, we will consider
a petition to create a larger viticultural
area in southern Illinois under an
appropriate name.
We also believe that the use of the
Shawnee Hills name will not cause
consumers to confuse the proposed
viticultural area with the wine trail
within it. We believe that most wine
consumers understand that a
viticultural area encompasses more land
than the winery or vineyard properties
located along any given winery driving
tour.
In addition, we believe that
consumers will not confuse the
proposed Shawnee Hills viticultural
area with similarly named places in
Kentucky and Ohio. We note that
Shawnee Hills, Kentucky, is a real estate
development on the eastern shore of
Lake Barkley, while the unincorporated
community of Shawnee Hills in Greene
County, Ohio, is a housing development
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built around an artificial lake. The
village of Shawnee Hills in Delaware
County, Ohio, is now a suburb of the
city of Columbus. We do not believe
that any of these non-rural places are or
will become known as grape-growing
areas. We also note that our regulations
do not require that the name of a
proposed viticultural area be absolutely
exclusive to the area in question.
TTB Finding
After careful review of the petition
and the comments received, TTB finds
that the evidence submitted supports
the establishment of the proposed
Shawnee Hills viticultural area.
Therefore, under the authority of the
Federal Alcohol Administration Act and
part 4 of our regulations, we establish
the ‘‘Shawnee Hills’’ viticultural area in
Alexander, Gallatin, Hardin, Jackson,
Johnson, Pope, Pulaski, Randolph,
Saline, Union, and William counties in
southern Illinois, effective 30 days from
the publication date of this document.
Boundary Description
See the narrative boundary
description of the viticultural area in the
regulatory text published at the end of
this document.
Maps
The maps for determining the
boundary of the viticultural area 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. With the
establishment of this viticultural area
and its inclusion in part 9 of the TTB
regulations, its name, ‘‘Shawnee Hills,’’
is recognized under 27 CFR 4.39(i)(3) as
a name of viticultural significance. The
text of the new regulation clarifies this
point. Consequently, wine bottlers using
‘‘Shawnee Hills’’ 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 viticultural
area’s name as an appellation of origin.
On the other hand, we do not believe
that ‘‘Shawnee’’ standing alone has
viticultural significance. A search of the
Geographic Names Information System
maintained by the U.S. Geological
Survey shows no entries for ‘‘Shawnee
Hills,’’ but does show entries for
‘‘Shawnee’’ standing alone or in
conjunction with words such as
‘‘Creek,’’ ‘‘Lake,’’ ‘‘Peak,’’ or ‘‘Valley’’ in
29 States. We therefore conclude that
‘‘Shawnee’’ standing alone does not
have a geographical context or meaning
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that is generally limited to the location
of the Shawnee Hills viticultural area.
Accordingly, the regulatory text set forth
in this document specifies only the full
‘‘Shawnee Hills’’ name as a term of
viticultural significance for purposes of
part 4 of the TTB regulations.
For a wine to be eligible to use as an
appellation of origin the name of a
viticultural area or other term specified
as being viticulturally significant in part
9 of the TTB regulations, at least 85
percent of the wine must derive from
grapes grown within the area
represented by that name or other term,
and the wine must meet the other
conditions listed in 27 CFR 4.25(e)(3). If
the wine is not eligible to use the
viticultural area name or other term as
an appellation of origin and that name
or term 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 viticultural area name
or other term 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 a viticultural
area name or other viticulturally
significant term that was used as a
brand name on a label approved before
July 7, 1986. See 27 CFR 4.39(i)(2) for
details.
Regulatory Flexibility Act
We certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
This regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name is 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
This rule is not a significant
regulatory action as defined by
Executive Order 12866, 58 FR 51735.
Therefore, it requires no regulatory
assessment.
sroberts on PROD1PC70 with RULES
Drafting Information
Rita Butler of the Regulations and
Rulings Division drafted this notice.
List of Subjects in 27 CFR Part 9
Wine.
The Amendment
For the reasons discussed in the
preamble, we amend 27 CFR, chapter 1,
part 9 as follows:
I
VerDate Aug<31>2005
16:30 Nov 24, 2006
Jkt 211001
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
I
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Amend subpart C by adding § 9.206
to read as follows:
I
§ 9.206
Shawnee Hills.
(a) Name. The name of the viticultural
area described in this section is
‘‘Shawnee Hills’’. For purposes of part
4 of this chapter, ‘‘Shawnee Hills’’ is a
term of viticultural significance.
(b) Approved maps. The United States
Geological Survey (USGS) 1:250,000scale topographic map used to
determine the boundary of the Shawnee
Hills viticultural area is titled—
Paducah: Kentucky–Illinois, Missouri–
Indiana, 1987 edition.
(c) Boundary. The Shawnee Hills
viticultural area is located in southern
Illinois between the Ohio and
Mississippi Rivers, and largely within
the Shawnee National Forest. The
boundary of the Shawnee Hills
viticultural area is described below—
(1) Beginning at the intersection of
State Routes 3 and 150 in the town of
Chester (Randolph County), proceed
northeast on Route 150 to its
intersection with the surveyed boundary
line between Township 6 South (T6S)
and Township 7 South (T7S); then
(2) Proceed due east along the T6S/
T7S boundary line until it becomes the
boundary between Perry and Jackson
Counties, and continue east along the
Perry-Jackson County line to State Route
4; then
(3) Proceed southeast on State Route
4 through the villages of Campbell Hill,
Ava, and Oraville to its intersection
with State Route 13/127; then
(4) Proceed south on State Route 13/
127 to the intersection where State
Routes 13 and 127 divide in the town
of Murphysboro; then
(5) Proceed east on State Route 13
through the city of Carbondale to State
Route 13’s intersection with Interstate
57; then
(6) Proceed south on Interstate 57 to
its intersection with State Route 148;
then
(7) Proceed southeast on State Route
148 to its intersection with State Route
37; then
(8) Proceed south on State Highway
37 to Saline Creek; then
(9) Proceed northeasterly
(downstream) along Saline Creek to its
confluence with the South Fork of the
PO 00000
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Fmt 4700
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68471
Saline River, then continue easterly
(downstream) along the South Fork of
the Saline River to its confluence with
the Saline River, then continue easterly
and then southeasterly (downstream)
along the Saline River to its confluence
with the Ohio River near Saline
Landing; then
(10) Proceed southwesterly
(downstream) along the Ohio River to
the Interstate 24 bridge; then
(11) Proceed north on Interstate 24 to
its intersection with the New Columbia
Ditch (with the towns of Big Bay to the
northeast and New Columbia to the
northwest); then
(12) Proceed westerly along the New
Columbia Ditch to its confluence with
the Main Ditch, and continue westerly
along the Main Ditch to its confluence
with the Cache River (near the Cache
River’s confluence with the Post Creek
Cutoff), approximately 1.5 miles eastnortheast of the village of Karnak; then
(13) Proceed westerly (downstream)
along the Cache River, passing under
Interstate 57 near the village of Ullin,
and continue southeasterly along the
Cache River to the river’s confluence
with Sandy Creek (northeast of the
village of Sandusky); then
(14) Proceed westerly (upstream)
along Sandy Creek approximately 4
miles to its junction with an unnamed
secondary road (known locally as
Alexander County Road 4); then
(15) Proceed south along the unnamed
secondary road (Alexander County Road
4) to its junction with State Route 3 at
the village of Olive Branch; then
(16) Proceed northwest on State Route
3 to its intersection with the Main Ditch
(also known locally as Sexton Creek) at
the village of Gale; then
(17) Proceed northerly along Main
Ditch and Clear Creek Ditch to a lightduty road (known locally as State Forest
Road) near the southwest corner of the
Trail of Tears State Forest,
approximately 3.75 miles east of the
village of Wolf Lake; then
(18) Proceed west on the light-duty
road (State Forest Road) to its
intersection with State Route 3 just
south of Wolf Lake; then
(19) Proceed north on State Route 3 to
its junction with the Big Muddy River
(near the village of Aldridge), and
continue north (upstream) along the Big
Muddy River to its confluence with
Kincaid Creek near the village of
Grimsby; then
(20) Continue northerly along Kincaid
Creek to its junction with State Route
149; then
(21) Proceed west on State Route 149
to its junction with State Route 3, and
then continue northwest along State
E:\FR\FM\27NOR1.SGM
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68472
Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / Rules and Regulations
Route 3 to the beginning point in the
town of Chester.
Signed: September 25, 2006.
John J. Manfreda,
Administrator.
Approved: October 27, 2006.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. E6–20023 Filed 11–24–06; 8:45 am]
BILLING CODE 4810–31–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. RM 2005–11]
Exemption to Prohibition on
Circumvention of Copyright Protection
Systems for Access Control
Technologies
Copyright Office, Library of
Congress.
ACTION: Final rule.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: This notice announces that
during the next three years, the
prohibition against circumvention of
technological measures that effectively
control access to copyrighted works
shall not apply to persons who engage
in noninfringing uses of six classes of
copyrighted works.
EFFECTIVE DATE: November 27, 2006.
FOR FURTHER INFORMATION CONTACT:
Steven Tepp, Principal Legal Advisor,
and David O. Carson, General Counsel,
Copyright GC/&, P.O. Box 70400,
Southwest Station, Washington, D.C.
20024–0400. Telephone: (202) 707–
8380; telefax: (202) 707–8366.
SUPPLEMENTARY INFORMATION: In this
notice, the Librarian of Congress, upon
the recommendation of the Register of
Copyrights, announces that during the
period from the time of this notice
through October 27, 2009, the
prohibition against circumvention of
technological measures that effectively
control access to copyrighted works
shall not apply to persons who engage
in noninfringing uses of six classes of
copyrighted works. This announcement
is the culmination of a rulemaking
proceeding commenced by the Register
on October 3, 2005. A more
comprehensive statement of the
background and legal requirements of
the rulemaking, a discussion of the
record and the Register’s analysis may
be found in the Register’s memorandum
of November 17, 2006, to the Librarian,
which contains the full explanation of
VerDate Aug<31>2005
16:30 Nov 24, 2006
Jkt 211001
the Register’s recommendation.1 This
notice summarizes the Register’s
recommendation and publishes the
regulatory text codifying the six
exempted classes of works.
I.
Background
A. Legislative Requirements for
Rulemaking Proceeding
In 1998, Congress enacted the Digital
Millennium Copyright Act (‘‘DMCA’’),
which among other things amended title
17, United States Code, to add section
1201. Section 1201 prohibits
circumvention of technological
measures employed by or on behalf of
copyright owners to protect their works
(hereinafter ‘‘access controls’’). In order
to ensure that the public will have
continued ability to engage in
noninfringing uses of copyrighted
works, such as fair use, subparagraph
(B) limits this prohibition, exempting
noninfringing uses of any ‘‘particular
class of works’’ when users are (or in the
next 3 years are likely to be) adversely
affected by the prohibition in their
ability to make noninfringing uses of
that class of works. Identification of
such classes of works is made in a
rulemaking proceeding conducted by
the Register of Copyrights, who is to
provide notice of the rulemaking, seek
comments from the public, consult with
the Assistant Secretary for
Communications and Information of the
Department of Commerce, and
recommend final regulations to the
Librarian of Congress. The regulations,
to be issued by the Librarian of
Congress, announce ‘‘any class of
copyrighted works for which the
Librarian has determined, pursuant to
the rulemaking conducted under
subparagraph (C), that noninfringing
uses by persons who are users of a
copyrighted work are, or are likely to be,
adversely affected, and the prohibition
contained in subparagraph (A) shall not
apply to such users with respect to such
class of works for the ensuing 3–year
period.’’2
The first section 1201 rulemaking
took place in 2000, and on October 27,
2000, the Librarian determined that
noninfringing users of two classes of
works would not be subject to the
prohibition on circumvention of access
controls.3 Exemptions to the prohibition
1 A copy of the Register’s memorandum may be
found at https://www.copyright.gov/1201.
2 17 U.S.C. 1201(a)(1)(D).
3 Exemption to Prohibition on Circumvention of
Copyright Protection Systems for Access Control
Technologies, 65 FR 64555 (October 27, 2000);
https://www.copyright.gov/fedreg/2000/
65fr64555.pdf. The Federal Register notice
contained the recommendation of the Register of
Copyrights and the determination of the Librarian.
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
on circumvention remain in force for a
three–year period and expire at the end
of that period. The Librarian is required
to make a determination on potential
new exemptions every three years. The
second rulemaking culminated in the
Librarian’s October 28, 2003,
announcement that noninfringing users
of four classes of works would not be
subject to the prohibition on
circumvention of access controls.4
B. Responsibilities of Register of
Copyrights and Librarian of Congress
The purpose of the rulemaking
proceeding conducted by the Register is
to determine whether users of particular
classes of copyrighted works are, or in
the next three years are likely to be,
adversely affected by the prohibition in
their ability to make noninfringing uses
of copyrighted works. In making her
recommendation to the Librarian, the
Register must carefully balance the
availability of works for use, the effect
of the prohibition on particular uses and
the effect of circumvention on
copyrighted works. Section
1201(a)(1)(C) directs the Register and
the Librarian to examine: ‘‘(i) the
availability for use of copyrighted
works; (ii) the availability for use of
works for nonprofit archival,
preservation, and educational purposes;
(iii) the impact that the prohibition on
the circumvention of technological
measures applied to copyrighted works
has on criticism, comment, news
reporting, teaching, scholarship, or
research; (iv) the effect of circumvention
of technological measures on the market
for or value of copyrighted works; and
(v) such other factors as the Librarian
considers appropriate.’’
C. The Purpose and Focus of the
Rulemaking
1.
Purpose of the Rulemaking
As originally drafted, section
1201(a)(1) provided simply that ‘‘No
person shall circumvent a technological
measure that effectively controls access
to a work protected under this title.’’
However, in response to concerns that
section 1201, in its original form, might
undermine Congress’s commitment to
fair use if developments in the
4 The announcement was published in the
Federal Register on October 31, 2003. Exemption to
Prohibition on Circumvention of Copyright
Protection Systems for Access Control
Technologies, 68 FR 62011 (October 31, 2003);
https://www.copyright.gov/fedreg/2003/
68fr2011.pdf. On October 30, 2006, the Librarian
announced that the existing classes of works were
being extended, on an interim basis, pending the
conclusion of the current rulemaking proceeding.
Exemption to Prohibition on Circumvention of
Copyright Protection Systems for Access Control
Technologies, 71 FR 63247 (October 30, 2006).
E:\FR\FM\27NOR1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 227 (Monday, November 27, 2006)]
[Rules and Regulations]
[Pages 68463-68472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20023]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-57; Re: Notice No. 39]
RIN 1513-AA70
Establishment of the Shawnee Hills Viticultural Area (2002R-345P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This Treasury decision establishes the Shawnee Hills
viticultural area in the Shawnee National Forest region of southern
Illinois. We designate 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: Effective Date: December 27, 2006.
FOR FURTHER INFORMATION CONTACT: Rita Butler, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW.,
Washington, DC 20220; telephone 202-927-8210.
[[Page 68464]]
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide consumers with adequate information regarding a product's
identity and prohibits the use of misleading information on those
labels. The FAA Act also authorizes the Secretary of the Treasury to
issue regulations to carry out its provisions. The Alcohol and Tobacco
Tax and Trade Bureau (TTB) administers these regulations.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains
the list of approved viticultural areas.
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 distinguishable by geographical features, the boundaries
of which have been recognized and defined 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 its geographic origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area 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 outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.3(b) of the TTB regulations requires
the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographic features, such as
climate, soils, elevation, and physical features, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
Rulemaking Proceedings
Shawnee Hills Petition
TTB received a petition from Dr. Theodore F. Wichmann, president of
Owl Creek Vineyard, Inc., and Dr. Imed Dami, Illinois State
Viticulturist, proposing the establishment of the ``Shawnee Hills''
American viticultural area in southern Illinois. The proposed Shawnee
Hills viticultural area lies within portions of Alexander, Gallatin,
Hardin, Jackson, Johnson, Pope, Pulaski, Randolph, Saline, Union, and
William counties. The Shawnee National Forest is located largely within
the proposed area. The proposed viticultural area covers about 2,140
square miles or 1.37 million acres between the Ohio and Mississippi
Rivers, and is approximately 80 miles long east to west and 20 miles
wide north to south. The proposed Shawnee Hills viticultural area
encompasses a region of unglaciated hills and ridges that are from 400
to 800 feet higher in elevation than the flatter, glaciated land to the
north and the river flood plains to the south.
Below, we discuss the evidence presented in the Shawnee Hills
viticultural area petition.
Name Evidence
The Shawnee Indian Nation, led by Chief Tecumseh and his brother,
The Prophet, occupied the southern Illinois hill country in the early
1800s in an attempt to stem the flow of white settlers from the east.
As a result, the petition states, the Shawnee name became attached to
the hills, and academic and State government publications document the
continued use of the name. For example, the book ``Land Between the
Rivers'' (C.W. Horrell, et al., 1973), as cited in the petition,
describes the region as follows:
South of the Mount Vernon hill country you come next to the
Shawnee Hills [which mark] the southernmost limit of the prehistoric
ice sheets. The Shawnee Hills culminate in Shawneetown Ridge, a
heavily timbered wilderness of bluffs and knobs reaching up to an
elevation of over a thousand feet, with rocky cliffs towering
hundreds of feet above the valley floor. The Shawnee Hills are the
heart of Southern Illinois [and] the 204,000 acre Shawnee National
Forest. (pg. 11.)
The Illinois State Geological Survey map ``Landforms of Illinois''
(1980) labels the hills within the proposed viticultural area as the
Shawnee Hills. In addition, an Illinois Department of Natural Resources
brochure titled ``Illinois' Natural Divisions and Biodiversity'' (April
2002) describes the State's 14 unique natural regions. These regions
are based upon such natural features as topology, geology, soils, and
climate, as well as their unique flora and fauna. According to the
brochure, the Shawnee Hills natural region consists of two sections,
the Greater and the Lesser Shawnee Hills.
``Shawnee'' also appears in many other political and geographic
names within the proposed viticultural area, including Shawneetown,
Shawneetown Ridge, and the Shawnee National Forest, which lies largely
within the proposed area. Furthermore, five wineries within the
proposed viticultural area formed the ``Shawnee Hills Wine Trail'' in
1996, which is described in a brochure of the same name. According to
the petition, the names ``Shawnee Hills'' and ``Shawnee Hills Wine
Trail'' have been used numerous times in other national, State, and
local publications.
Boundary Evidence
People have raised grapes in southern Illinois and the Shawnee
Hills since 1860, according ``Grape Culture'' by W.E. Gould (1891) as
cited in the petition. The region contained 1,250 acres of vineyards in
1890, and vintners produced 19,750 gallons of wine in 1891, the
petition adds, citing ``Grape and Wine Production in Illinois from 1983
to Present,'' by R.M. Skirvin, et al., in ``Illinois Grape Growers and
Vintners Association Conference Proceedings'' (2000). Currently, there
are eight wineries and 51 vineyards with approximately 160 acres
planted to wine varietals within the proposed Shawnee Hills
viticultural area, the petition states, citing ``1999 Grape Growers and
Vintner's Survey,'' in ``Illinois Grape Growers and Vintners
Association Conference Proceedings'' (2000).
Academic and Illinois State government publications describe the
boundaries of the Shawnee Hills landform, and the petition included
copies of these publications. As described by Horrell, et al., the
Shawnee Hills is a region of unglaciated hills and ridges that extends
across southern Illinois, about 80 miles long, from the Ohio River in
the east to the Mississippi River in the west, and approximately 20
miles wide from north to south. The
[[Page 68465]]
region's elevation is its most distinguishing feature, averaging
roughly 400 to 800 feet higher in elevation than the glaciated land
immediately to the north and the Mississippi and Ohio River flood
plains immediately to the south.
According to the petition, and the State of Illinois publications
and maps submitted with it, the eastern boundary of the Shawnee Hills
landform is the bluff line along the Ohio River, while the landform's
western boundary is the high bluff line above the Mississippi
bottomland. The ``Illinois' Natural Divisions and Biodiversity''
brochure notes that the Mt. Vernon Hill Country section of the Southern
Till Plain division lies north of the Shawnee Hills. As the petition
and the accompanying publications note, the dividing line between the
Shawnee Hills region and the Mt. Vernon Hill Country marks the
southernmost advance of Ice Age glaciers. The area immediately to the
south of the Shawnee Hills consists of the lowlands and flood plains
found along the Ohio and Mississippi Rivers. This region, according to
the petition, is commonly called the ``Cairo Delta.''
Differences between the natural boundaries of the Shawnee Hills
region and the boundaries of the proposed Shawnee Hills viticultural
area are minor and largely a matter of convenience. For example, a road
near the base of the Mississippi River bluff rather than a complex
meandering elevation line is used to mark a portion of the proposed
area's western boundary. The proposed Shawnee Hills viticultural area
boundary also follows, in places, the boundary of the Shawnee National
Forest, which covers much of the Shawnee Hills region.
Distinguishing Features
Elevation
As noted by the petitioners and by Horrell, et al., in ``Land
Between the Rivers,'' elevation is the most obvious feature
distinguishing the Shawnee Hills from surrounding areas. As shown on
the ``Paducah; Kentucky: Illinois-Missouri-Indiana'' USGS map (1987)
submitted with the petition, the Shawnee Hills range from 400 to 800
feet higher in elevation than the glaciated land to the north and the
river delta land to the south. Most of the highest elevations in
Illinois, many above 1,000 feet, are in the Shawnee Hills.
According to the petition, spectacular hills and ridges and a
unique mesoclimate characterize the proposed Shawnee Hills viticultural
area. Nearly all vineyards in the proposed Shawnee Hills viticultural
area are on ridge tops and bench lands ranging between 600 and 900 feet
in elevation. As such, the commercial vineyards in the Shawnee Hills
area have experienced little or no spring frost or winter freeze
injury. An additional benefit of the Shawnee Hills topography, the
petition notes, is the enhanced air circulation caused by constant
summer breezes, allowing faster drying of vineyard leaves and fruit
clusters following rain, thus minimizing the risk of fungal infections
in an otherwise humid, wet climate.
In contrast, the Mt. Vernon Hill County region immediately to the
north of the Shawnee Hills was glaciated, and, as a result, is 400 to
500 feet lower in elevation than the Shawnee Hills, according to the
petition, which adds that the Mt. Vernon region is relatively flatter
with no high ridges, cliffs, or gorges. Horrell, et al., describe the
topography of the Mt. Vernon Hill Country as ``rolling farmland.''
The Cairo Delta area to the south of the Shawnee Hills is lower
still, averaging about 300 to 400 feet in elevation, with an extremely
flat topography that is often totally flooded by the Mississippi, Ohio,
Wabash, and Cache Rivers, which all converge there. This delta region
comprises all of the land in Illinois south of the Shawnee Hills.
Horrell, et al. (1973), describe this area as follows:
Beyond Shawneetown Ridge the land drops away in gentle foothills
to the low-lying swamps and lakes along the Cache River--the ancient
bed of the Ohio River. Beyond Cache valley you come to the flood
plain of the Ohio River itself. Two similar flood plains border
Southern Illinois on the east and west, forming the banks of the
Wabash and Mississippi rivers.
Geology
The petitioners also note that the geological characteristics of
the Shawnee Hills are a distinguishing feature. The ``Illinois
Geological Survey,'' compiled by H.B. William, et al. (1967), as cited
in the petition, notes that the backbone of the Shawnee Hills is the
Shawneetown Ridge, a high ridge of Pennsylvanian, Caseyville Formation
Battery Rock sandstone up to 600 feet thick, which runs east to west
from the Ohio River south of the village of Shawneetown to the
Mississippi River near the town of Chester. This rock is very obvious
in the ridge's south-facing bluffs, as well as along the north-south
roads cut through it. The ridge's northern slope consists primarily of
Pennsylvanian, Abbott Formation, Grindstaff sandstone up to 350 feet
thick. The southern slope consists primarily of Mississippian Upper
Chesterian, Grove Church shale up to 65 feet thick, and Kinkaid
Limestone, which is 110 to 180 feet thick. The bluffs above the
Mississippi River consist primarily of Lower Devonian Clear Creek chert
and Backbone limestone.
This underlying mixture of sandstone, chert, and limestone gives
the Shawnee Hills a Karst-like topography, honeycombed with sinkholes
and limestone caves feeding many surface springs, the petition states.
One of the few such areas in Illinois, the petition notes that this
combination of steep slopes, rock fissures, sink holes, and caves
provides the proposed viticultural area with superior surface and
ground water drainage in a region that often has excessive rainfall (38
to 46 inches annually).
In contrast, the petition notes, the Mt. Vernon Hill Country to the
north of the Shawnee Hills was totally glaciated, resulting in lower
elevations, flatter topography, and a different geology. The southern
portion of the Mt. Vernon Hill Country consists primarily of
Pennsylvanian, Spoon Formation, Curlew limestone layered with DeKoren
and Davis coal, as well as Carbondale Formation, Piasa limestone with
number 2, 5, and 6 coals. The northern part of the Mt. Vernon Hill
Country area consists primarily of Modesto Formation Shoal Creek
limestone 200 to 500 feet thick with number 7 and 8 coal throughout, as
well as Bond Formation, Millersville limestone 100 to 350 thick.
Horrell, et al. (1973), describe this area as ``a great crescent
stretching southeast from Randolph and Perry counties to Gallatin
county, where coal beds come so close to the surface that they have
made this the most heavily mined region in the state.''
Also in contrast, the petition notes that the Cairo Delta area
south of the Shawnee Hills was flattened by water from both glacial
melt and the tremendous flow and flooding of the two largest rivers in
the country--the Mississippi and the Ohio, which eroded and replaced
rock with clay, sand, and gravel. According to the ``Illinois State
Geological Survey,'' the northern part of the delta area consists of
Cretaceous, Gulfian McNary sand, and Tuscaloesa gravel. The southern
part of the delta region consists of Paleocene and Eocene Wilcox
Formation, Porters Creek clay 75 to 150 feet thick.
Climate
Another distinguishing factor of the proposed Shawnee Hills
viticultural area, according to the petitioners, is its climate. While
the Shawnee Hills area generally has a continental climate, as
[[Page 68466]]
does all of the Midwestern United States, the hills climatically
separate the upper Midwest from the South. The petition states that the
Shawnee Hills region is warmer than the adjacent areas to the north but
cooler than the adjacent areas to the south, which are often too hot in
the summer to grow quality grapes. This climate provides a longer
growing season for ripening late varieties of grapes, higher degree-
days for optimum ripeness, and fewer winter occurrences of below-zero
degree Fahrenheit temperatures, which can kill buds and damage wood on
many grape varieties, according to the petition.
As evidence of this unique climate, the petition included data from
the Midwestern Climate Center (https://mcc.sws.uiuc.edu/summary) for Mt.
Vernon, Anna, and Cairo, Illinois. Anna is located within the proposed
Shawnee Hills viticultural area; Mt. Vernon, which is within the Mt.
Vernon Hill Country region, is approximately 50 miles north of Anna;
while Cairo, which is within the Cairo Delta region, is approximately
35 miles south of Anna.
The table shown below, which the petitioners provided, compares
Shawnee Hills, Mt. Vernon, and Cairo temperature data. The table shows
that the Shawnee Hills could be classified as a mid-Region IV climate
in the Winkler heat summation climate classification system, with 3,770
growing degree-days. (During the growing season, one degree day
accumulates for each degree Fahrenheit that a day's median temperature
is above 50 degrees, which is the minimum temperature required for
grapevine growth. See ``General Viticulture,'' by Albert J. Winkler,
University of California Press, 1974.)
Heat Summation as Degree-Days Above 50 Degrees Fahrenheit for the Period April 15 to October 15
--------------------------------------------------------------------------------------------------------------------------------------------------------
Degree days over 50[deg] F
------------------------------------------------------------------------------------------------ Winkler climate
Climate station Apr 15-Oct region
Apr 15-30 May Jun Jul Aug Sept Oct 1-15 15
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mt. Vernon........................ 108 447 706 835 774 550 123 3,543 Low Region IV
Anna.............................. 127 498 733 868 815 587 142 3,770 Mid Region IV
Cairo............................. 159 586 823 950 872 643 168 4,201 Low Region V
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source Midwest Climate Center Data: https://mcc.sws.uiuc.edu/summary/data.
For the proposed Shawnee Hills viticultural area, average
temperatures are highest from mid-June to mid-August during early
ripening; then the temperatures taper off in September and October,
which is the period of late ripening and harvest. Typically, the area
experiences warm days and cool nights from late August to October.
The table below, which the petitioners also provided, describes the
length of growing season for the three areas (Mt. Vernon, Anna, and
Cairo). For the Shawnee Hills, the median last spring frost occurs by
April 10. In 10 percent of the years, the last frost occurred after
April 23. North of this area, the median last spring frost occurs in
mid-April, with 10 percent occurring after May 2. Since bud break
generally occurs during the second week of April, areas to the north of
the Shawnee Hills often experience more bud and shoot damage due to
late frost. Also, since the first frost in the fall occurs one to three
weeks later in the Shawnee Hills than in areas to the north, late
varieties such as Chambourcin and Norton ripen more fully before leaf
drop.
Growing Season Summary, 1961-1990 Base Temperature = 32 Degrees Fahrenheit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date of last spring frost Date of first fall frost Length of growing season
occurrence occurrence -----------------------------------
Station ------------------------------------------------------------------------
Median 90% 10% Median 90% 10% Median 90% 10%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Mt. Vernon.................................. 4/12 3/27 5/02 10/16 10/03 10/29 184 207 150
Anna........................................ 4/10 3/23 4/23 10/27 10/12 11/07 200 215 186
Cairo....................................... 3/24 3/01 4/08 11/13 10/31 11/28 233 260 214
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source Midwest Climate Center Data: https://mcc.sws.uiuc.edu/summary/data.
Because the Midwestern United States is a continental climate, one
of the limiting factors in growing quality wine grapes is dormant wood
and bud damage due to extreme cold temperatures in the winter. The next
table, as provided by the petitioners, shows that the Shawnee Hills
area averages 81 days below 30 degrees Fahrenheit and 1.8 days below 0
degrees Fahrenheit each year. The region immediately to the north
averages 104 days below 30 degrees Fahrenheit and 3.5 days below 0
degrees Fahrenheit. One or two days of extreme cold can mean the
difference between a full crop and healthy wood, and a partial crop and
damaged wood.
Average Annual Temperature Variation
[Averages: 1961-1990; Extremes: 1896-2000]
----------------------------------------------------------------------------------------------------------------
Average annual temperature (degrees Annual number of days of
fahrenheit) minimum temperature
Station -------------------------------------------------------------------------------
Maximum Minimum Mean <32[deg] F <0[deg] F
----------------------------------------------------------------------------------------------------------------
Mt. Vernon...................... 65.0 42.9 54.0 104 3.5
Anna............................ 67.1 46.1 56.6 81 1.8
[[Page 68467]]
Cairo........................... 67.5 49.9 58.7 64 0.7
----------------------------------------------------------------------------------------------------------------
Source: Midwest Climate Center Data: https://mcc.sws.uiuc.edu/summary/data.
Rainfall
The petitioners note that while rainfall does not appear to be a
distinguishing feature for the proposed Shawnee Hills viticultural
area, the area's drainage capacity does differ from that of surrounding
areas. Because of its well-drained soils, steep topography, and
limestone base, the Shawnee Hills can shed excess water more quickly
and completely than adjacent areas. In the Shawnee Hills area, most
precipitation occurs in the spring months of March through May. The
driest months are generally September and October, which receive an
average of only 2 to 3 inches per month. Although the area receives
excessive rainfall on an annual basis, the growing season and the
harvest months are more moderate in terms of rainfall. The drier
harvest months allow grapes to develop more intensity in flavor, color,
sugar, and acid. In most years, the petition states, the Shawnee Hills
vineyards produce wine grapes that are very well balanced relative to
these quality parameters.
Soils
While noting that soils vary in the Shawnee Hills region, the
petitioners provided a general description contrasting the soils of the
proposed area with the soils of adjacent areas. As noted on the
``General Soil Map of Illinois,'' prepared by J.B. Fehrenbacher (1982),
the soils in the proposed Shawnee Hills viticultural area are,
generally, class XIII and class XIV, which tend to be thin loess with
or without residuum on limestone or interbedded sandstone, siltstone,
and shale. The main soils are Alford, Hosmer, Wellston, and Zanesville.
All of these soils are light colored, moderately developed, and
moderately well drained. The western and southern parts of the area
tend to have deeper soils, 12 to 20 feet thick, on limestone. The
central and northern parts of the area tend to have soil that is 20 to
48 inches thick on sandstone, siltstone, and shale. The primary
viticultural advantage of the soils within the Shawnee Hills is that
they are moderately well drained and are of low fertility.
Soil drainage in the Shawnee Hills area is moderate to excellent.
In this area of Karst topography, the loess soils, which tend to erode
easily, are very good for quality vines and grapes. However, the best
vineyard sites within the proposed Shawnee Hills viticultural area are
on flat ridge tops and bench lands with deep soils that are not highly
eroded.
In contrast, the soil north of the Shawnee Hills in the Mt. Vernon
Hill Country are class II, which are primarily thick loess (30 to 70
inches) on Illinois drift. The main soils are Stoy, Weir, Bluford,
Wynoose, Colp, and Del Rey. These soils tend to be much deeper than
those in the Shawnee Hills, as well as more fertile but with poorer
drainage. In general, these soils are more suited to growing such crops
as corn and soybeans, which are the primary crops of the Mt. Vernon
Hill Country, than to growing apples, peaches, and grapes, which are
the primary crops in the Shawnee Hills area. The soils south of the
Shawnee Hills in the Cairo Delta, according to the petition, are
primarily class XV, which are sandy to clay alluvial sediments on
bottomlands. The soils include Lawson, Sawmill, Darwin, Haymond,
Perrolia, and Karnak. These soils tend to be poorly developed and
poorly drained.
Notice of Proposed Rulemaking
On April 8, 2005, TTB published a notice of proposed rulemaking
regarding the establishment of the Shawnee Hills viticultural area in
the Federal Register (70 FR 17940) as Notice No. 39. Comments on the
proposed establishment of the Shawnee Hills viticultural area were due
on or before June 7, 2005.
Comments Received
We received 46 comments in response to Notice No. 39. Of those, 28
comments supported the petition and 18 comments opposed the petition,
including one comment with 84 additional signatures attached.
Supporting commenters included the Governor of Illinois, two
officers of the Illinois Grape Growers and Vintners Association
(IGGVA), a representative of the Southernmost Illinois Tourism Bureau,
various wine industry members with interests within the proposed area,
and several wine consumers. In addition, TTB received a detailed
response to the opposing comments from one of the original Shawnee
Hills petitioners, Dr. Theodore F. Wichmann, president of Owl Creek
Vineyard, Inc.
Opposing commenters included industry members with interests in
southern Illinois outside of the proposed area, the president of the
Greater Shawnee Grape Growers Association (GSGGA), and the mayors of
Pulaski and Benton, Illinois.
Below, we discuss the issues raised by the opposing commenters. We
discuss some opposing comments individually, and where more than one
opposing comment covers the same issue, we address those comments as a
group. Where applicable, we also discuss Dr. Wichmann's responses to
the opposing comments. We do not discuss the 28 supporting comments in
detail.
Opposing Comments in Support of a Larger Viticultural Area
All commenters opposed to the establishment of the proposed Shawnee
Hills viticultural area as outlined in Notice No. 39 express support
for expanding the proposed viticultural area and naming it ``Shawnee,''
``Greater Shawnee,'' or ``Southern Illinois.'' For example, an industry
member associated with the Shawnee Winery comments that ``the area
should be designated as all of Southern Illinois south of Interstate 64
and from the Mississippi River to the Wabash River.'' A few commenters
support an even larger viticultural area encompassing all of Illinois
south of Interstate 70.
Economic Consequences, Development, and Support
Most opposing commenters supporting the designation of a larger
viticultural area in southern Illinois note that more growers would
reap the economic benefits from inclusion within a larger viticultural
area. One commenter states that a viticultural area encompassing all of
Illinois south of Interstate 64 would double the number
[[Page 68468]]
of growers able to benefit from inclusion in a viticultural area.
Another commenter believes that the number of benefiting growers could
triple. Several opposing commenters also add that, with a larger
viticultural area, wineries would have more grapes to choose from.
Some opposing commenters also state that exclusion from the
proposed Shawnee Hills viticultural area would have negative economic
consequences for their operations and those of other excluded southern
Illinois growers. For example, the owner of the Flint Hill Vineyard
near Muddy, Illinois, states that exclusion from the proposed area
would ``negatively affect the price of my grapes,'' and that as a
result he could be displaced by novice growers. A Carbondale-area
grower also notes that exclusion from the proposed Shawnee Hills
viticultural area ``would put my grapes in a competitive disadvantage
and impose economic hardship on my existing enterprise.''
In addition, several opposing commenters state that the creation of
a smaller, rather than a larger, viticultural area in southern Illinois
would negatively affect economic development efforts in the region. A
commenter associated with the Office of Economic and Regional
Development at Southern Illinois University states, ``The future of the
viticultural industry in southern Illinois is dependent upon a whole
region, not the gerrymandered version being proposed.'' The owners of
the Lost Creek Vineyard near Benton, Illinois, believe that the
development of grape growing in southern Illinois should be given the
same consideration in setting the boundaries of the proposed
viticultural area as soil and climate conditions.
Several opposing commenters fear that economic development
incentives and technical assistance offered by the State of Illinois to
viticulturists, as well as U.S. Department of Agriculture assistance
and loans, could be denied to growers outside of the proposed
viticultural area. In particular, three growers who identified
themselves as minority group members commented on this concern. Noting
his exclusion from the proposed Shawnee Hills viticultural area, one
such grower from Carrier Mills, Illinois, believes that it is ``highly
likely in the future I will hear that the location of my vineyard does
not justify any State support'' or support from the banking
establishment.
Arbitrary Boundaries
Some opposing commenters state that the proposed Shawnee Hills
viticultural area boundaries are arbitrary, leaving some growers
outside the proposed area by a few miles or, in some cases, ``by a
matter of a few hundred feet!'' Others contend the proposed
viticultural area boundary is arbitrary since it does not encompass
most growers in southern Illinois or does not include all of the
historic grape growing areas within southern Illinois. For example, the
mayor of Benton, Illinois, comments that ``[t]here are just too many
vineyards scattered through [southern Illinois] to pretend to draw an
artificial line * * * along the bottom of ditches, unnamed dirt roads,
and through the center of communities like Carbondale and Marion.''
While most opposing commenters expressed their support for a larger
viticultural area in general terms, several other industry members
sought the addition of specific vineyard properties to the viticultural
area as proposed. For example, the owner of the Flint Hill Vineyard
notes that while members of his family have grown grapes on the same
ridge since the 1920s, that ridge was excluded from the proposed
viticultural area by a few miles. The president of the GSGGA states
that his vineyard is outside of the proposed Shawnee Hills viticultural
area ``by less than one-quarter mile.''
Lack of Distinguishing Characteristics
A few opposing commenters also state that the boundary of the
proposed Shawnee Hills viticultural area is arbitrary since the
proposed area is not truly distinguishable from the rest of southern
Illinois based on its geography, climate, or soils.
In his comment, the president of the GSGGA included a table showing
the elevation of various southern Illinois communities in support of
his contention that the elevations found inside and outside the
proposed Shawnee Hills viticultural area are not significantly
different. These elevation differences between the proposed
viticultural area and the surrounding region, this opposing commenter
concludes, ``are not significant enough to warrant a case for different
growing conditions,'' and thus will not result in ``detectable flavor
differences'' in the resulting wine.
The GSGGA president notes in particular that, given the 30-mile
distance between them, the difference in elevation between Alto
Vineyards, one of the highest vineyards within the proposed Shawnee
Hills viticultural area, and his Monte Alegre Vineyard, outside of the
proposed area, results in only a slope of 0.20 percent. In terms of
climate, he states that ``elevation differences of the order or 300
feet for over 30 to 40 miles do not present a topographical hurdle for
the large continental air masses that dominate the climate of the
region.'' This commenter notes that the relative flatness and location
in the center of the continent gives southern Illinois ``very uniform
climatic characteristics.''
Other commenters also contend that there is little difference in
the climate of the proposed Shawnee Hills viticultural area when
compared with the climate of the surrounding region of southern
Illinois, particularly as measured in average temperatures, last and
first frost dates, heat accumulation as measured in degree days,\1\ or
in average rainfall. One grower notes, ``Every year, the trees bud and
turn at the same time, the farmers plant and harvest at the same time,
[and] the rivers are all high or low at the same time.''
---------------------------------------------------------------------------
\1\ As a measurement of heat accumulation during the growing
season, one degree day accumulates for each degree Fahrenheit that a
day's mean temperature is above 50 degrees, which is the minimum
temperature required for grapevine growth. See ``General
Viticulture,'' by Albert J. Winkler, University of California Press,
1974.
---------------------------------------------------------------------------
A few opposing commenters also questioned the soil differences
outlined by the original petitioners. One commenter notes that soils in
southern Illinois ``are mostly all acidic, heavy soils, with organic
content in the 1 to 2% range or less, and although they may exhibit
differences in texture, this texture can change within a single
vineyard.'' This commenter adds ``these marginal differences will be
undetectable in the wine.''
Other Issues
Some opposing commenters believe inclusion within a viticultural
area is a judgment of the quality of an area's fruit and that grapes
from vineyards outside of the proposed area will be regarded as
substandard. The mayor of Pulaski, Illinois, states in his comment that
the Shawnee Hills petition ``simply assumes'' that the hills
surrounding the village are ``substandard for grapes.'' One opposing
commenter questioned the value of establishing a viticultural area in a
region that grows only French-American hybrids and North American
varieties since these ``do not aspire to the flavor complexities''
usually found in wines from viticultural areas growing vinifera grapes.
In addition, a few opposing commenters note that the petitioners did
not consult with growers outside the proposed Shawnee Hills
viticultural area in developing their proposal.
Petitioner's Response
Regarding the economic issues raised by the opposing commenters,
the lead
[[Page 68469]]
Shawnee Hills petitioner, Dr. Wichmann, notes in his response that some
southern Illinois growers may mistakenly believe that the establishment
of a viticultural area limits to whom they may sell their grapes or who
may buy their grapes. The petitioner dismisses the role of viticultural
areas in economic development as being irrelevant since viticultural
areas are established only to ``inform consumers of where the grapes in
a given bottle of wine were grown.'' The petitioner also states that
the establishment of a viticultural area does not ``imply or guarantee
the quality of grapes grown within or outside its boundaries.''
The Shawnee Hills petitioner contends that, by definition, a
viticultural area's boundaries are restrictive since the boundaries
define an area that is different from surrounding areas. In this case,
the petitioner states that the proposed Shawnee Hills viticultural area
differs from the surrounding areas of southern Illinois in that the
Shawnee Hills landform is higher than surrounding areas, is warmer, and
has different soils. The petitioner's response notes that the president
of the GSGGA compared the elevations of communities outside of the
proposed Shawnee Hills viticultural area mostly with communities
located at the bottom of valleys and gorges within the proposed area,
which, the petitioner states, minimizes the elevation differences
between the proposed area and the rest of southern Illinois. The
petitioner states that most commercial vineyards in the Shawnee Hills
are ``on high ridges above 600 feet'' while elevations in the Mt.
Vernon Hill Country north of the proposed area range from 300 to 450
feet and are no higher than 500 feet.
In terms of climate, the petitioner acknowledges that southern
Illinois has the same overall macroclimate and agrees that the
differences in elevation do not ``present a topographical hurdle'' for
the large continental air masses that cover the region. Rather, the
petitioner contends that the opposing commenters ignore how changes in
elevation of 100 to 300 feet can change an area's mesoclimate and how
changes in elevation of as little as 10 feet can effect a vineyard's
microclimate. The petitioner's response specifically notes that due to
cold air drainage, especially during times of minimum temperatures, the
ridgetop vineyards within the proposed viticultural area are slightly
warmer than vineyards to the north of the proposed area, a difference
the petitioners contend is significant for growing grapes.
In terms of soil differences, the petitioner's response states that
soils within the proposed Shawnee Hills viticultural area are class
XIII and class XIV, which tend to be thin loess on limestone, with the
main soils being of the Alford, Hosmer, Wellston, and Zanesville
series. In contrast, the petitioner states, the soils to the north in
the Mt. Vernon Hill Country are class II, which are primarily thick
loess on Illinois drift. The main soils there are of the Stoy, Weir,
Bluford, Wynoose, Colp, and Del Rey series.
TTB Response
General Discussion: As previously stated, a viticultural area is
defined under the TTB regulations as a delimited grape growing region
distinguishable by geographical features. TTB considers evidence
relating to name, boundaries, and geographical features in determining
whether to approve a petitioned-for viticultural area. Though the
establishment of a particular viticultural area may potentially have an
economic impact on local grape growers and wineries outside the area,
viticultural area designations under TTB regulations are not made on
the basis of the potential economic impacts in adjacent localities. We
designate viticultural areas in order to allow vintners to better
describe the origin of their wines and to allow consumers to better
identify the wines they may purchase.
TTB wishes to clarify that the establishment of a viticultural
area, by itself, does not prohibit or limit the sale of grapes grown
outside the established area to vintners within the established area.
The designation of a viticultural area only restricts the use of the
name of the viticultural area and any related term of viticultural
significance on wine labels and in wine advertisements. Requirements
for the use of appellations of origin, including viticultural area
names, are contained in Sec. 4.25 of the TTB regulations (27 CFR
4.25). In order to use a viticultural area name on a wine label, at
least 85 percent of the wine must be derived from grapes grown within
the viticultural area and the wine must be finished within the State or
States in which the viticultural area lies. However, this does not mean
that vintners within a designated viticultural area may only produce
wines that are subject to the 85 percent rule. Vintners located within
a viticultural area may continue to produce wine from grapes grown
outside that area; they simply would not be able to use the
viticultural area name on the label of a wine that does not meet the 85
percent rule.
TTB also wishes to clarify, as previously noted in this document,
that its establishment of a viticultural area is neither an approval
nor an endorsement by TTB of the grapes grown or the wine produced in
that area. Therefore, financial or other assistance to a viticultural
enterprise should not be based solely on the enterprise's location
inside or outside of a viticultural area.
Opposing comments raised several other issues that do not pertain
to the approval standards for viticultural areas under the TTB
regulations. TTB understands that these issues are important to the
commenters; nevertheless, those issues are beyond the scope of this
rulemaking action.
Viticultural Area Boundary and Distinguishing Characteristics: TTB
understands that many growers in southern Illinois support the
establishment of a larger viticultural area. By definition, a
viticultural area is a ``delimited grape-growing region distinguishable
by geographic features.'' In other words, by its very nature, a
viticultural area is a limited geographical area that excludes those
growers outside that limited region. It is not the intent of TTB to
harm any industry member excluded from the petitioned-for viticultural
area. Rather, the designation of a viticultural area merely signifies
that the viticultural area is different from surrounding areas based on
one or more geographic factors. These factors may include, but are not
limited to, climate (temperature, precipitation, fog, winds, etc.),
soils, geology, topography, elevation, or another physical feature that
may affect growing conditions within the area.
TTB believes the evidence provided in the petition shows that the
proposed Shawnee Hills viticultural area encompasses an area that is
different from the surrounding areas of southern Illinois. We note the
evidence available to us shows that the Shawnee Hills landform is
generally higher in elevation, has a different underlying geology, has
somewhat warmer vineyard temperatures due to cold air drainage, and has
different soils when compared to the surrounding areas of southern
Illinois. While we recognize that grapes are grown across southern
Illinois, to include growers outside the proposed viticultural area
would ignore the differences between the Shawnee Hills landform and the
surrounding region of the State.
As required by our regulations, we use features (both natural and
man-made) found on the USGS map supplied by the original petitioners to
define the boundary of the proposed Shawnee Hills viticultural area. As
a result, the
[[Page 68470]]
proposed viticultural area's boundary may fall slightly inside or
outside of the Shawnee Hills landform's natural boundary. As noted in
Notice No. 39, rather than using the exact natural limit of the Shawnee
Hills, which is delineated by a complex set of elevation lines, we mark
the boundary of the proposed viticultural area using more convenient
features, such as nearby roads and streams. This is consistent with our
past practice regarding the use of features different from a
viticultural area's natural extent to draw its boundary. (For example,
see the Boundary Description section of T.D. TTB-27, Establishment of
the Ribbon Ridge Viticultural Area, published in the Federal Register
on June 1, 2005, at 70 FR 31342.)
However, TTB will entertain a properly prepared and submitted
petition from any interested party regarding the establishment of a
larger viticultural area in southern Illinois under an appropriate
name. Section 4.25(e)(2) of the TTB regulations outlines the
requirements for proposing an American viticultural area. A
viticultural area petition must include evidence related to the
proposed area's name, its boundaries, and its distinguishing geographic
features, as well as a specific description of and maps showing the
proposed area's boundaries. For details, see the Requirements section
above and Sec. 9.3(b) of our regulations.
In addition, TTB notes that all Illinois vintners may use
``Illinois'' or the name of an Illinois county as an appellation of
origin provided that the wine in question meets the requirements of 27
CFR 4.25. Multistate and multicounty appellations can also be claimed
for some wines (see Sec. 4.25(c) and (d) for details).
Opposing Comments Regarding Possible Consumer Confusion
As noted above, all commenters opposing the establishment of the
proposed Shawnee Hills viticultural area express support for a larger
viticultural area to be named ``Shawnee,'' ``Greater Shawnee,'' or
``Southern Illinois.'' In addition, one commenter states that the
Shawnee Hills name is inappropriate and could cause consumer confusion
since that name is associated with a ``small five or six winery wine
trail'' that ``represents a very small geographic area'' within the
proposed viticultural area. The same commenter adds that the Shawnee
Hills name ignores that the grapegrowing and winemaking area ``already
accepted by the public'' includes all of southern Illinois.
A similar comment states that some consumers may come to believe
that only those wineries located along the Shawnee Hills Wine Trail are
included in the Shawnee Hills viticultural area. Likewise, the
president of the GSGGA notes in his comment that other localities in
Kentucky and Ohio also are known as ``Shawnee Hills,'' which he
believes could cause consumer confusion over the location of a Shawnee
Hills viticultural area.
Petitioner's Response
The lead Shawnee Hills petitioner sees no potential for consumer
confusion since Shawnee Hills ``is the name of the landform itself''
and that name is used by agencies of the State of Illinois, ``as well
as by many others.'' The petitioner adds that ``Southern Illinois'' or
``Little Egypt'' may be appropriate for a larger, regional viticultural
area.
TTB Response
After considering the petition evidence and the comments received,
TTB concludes that the ``Shawnee Hills'' name is appropriate for the
proposed viticultural area. We note that the Illinois State Geological
Survey's ``Landforms of Illinois'' map labels the landform within the
proposed Shawnee Hills viticultural area as the Shawnee Hills. Other
State of Illinois publications also use this name for the hills and
ridges located within the proposed viticultural area. TTB believes the
names ``Greater Shawnee,'' ``Southern Illinois'' or ``Little Egypt''
may best be associated with a region larger than the proposed Shawnee
Hills viticultural area and, therefore, are not appropriate for the
smaller proposed viticultural area. As noted above, we will consider a
petition to create a larger viticultural area in southern Illinois
under an appropriate name.
We also believe that the use of the Shawnee Hills name will not
cause consumers to confuse the proposed viticultural area with the wine
trail within it. We believe that most wine consumers understand that a
viticultural area encompasses more land than the winery or vineyard
properties located along any given winery driving tour.
In addition, we believe that consumers will not confuse the
proposed Shawnee Hills viticultural area with similarly named places in
Kentucky and Ohio. We note that Shawnee Hills, Kentucky, is a real
estate development on the eastern shore of Lake Barkley, while the
unincorporated community of Shawnee Hills in Greene County, Ohio, is a
housing development built around an artificial lake. The village of
Shawnee Hills in Delaware County, Ohio, is now a suburb of the city of
Columbus. We do not believe that any of these non-rural places are or
will become known as grape-growing areas. We also note that our
regulations do not require that the name of a proposed viticultural
area be absolutely exclusive to the area in question.
TTB Finding
After careful review of the petition and the comments received, TTB
finds that the evidence submitted supports the establishment of the
proposed Shawnee Hills viticultural area. Therefore, under the
authority of the Federal Alcohol Administration Act and part 4 of our
regulations, we establish the ``Shawnee Hills'' viticultural area in
Alexander, Gallatin, Hardin, Jackson, Johnson, Pope, Pulaski, Randolph,
Saline, Union, and William counties in southern Illinois, effective 30
days from the publication date of this document.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this document.
Maps
The maps for determining the boundary of the viticultural area 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. With the establishment of this viticultural area and
its inclusion in part 9 of the TTB regulations, its name, ``Shawnee
Hills,'' is recognized under 27 CFR 4.39(i)(3) as a name of
viticultural significance. The text of the new regulation clarifies
this point. Consequently, wine bottlers using ``Shawnee Hills'' 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 viticultural area's name as an appellation of
origin.
On the other hand, we do not believe that ``Shawnee'' standing
alone has viticultural significance. A search of the Geographic Names
Information System maintained by the U.S. Geological Survey shows no
entries for ``Shawnee Hills,'' but does show entries for ``Shawnee''
standing alone or in conjunction with words such as ``Creek,''
``Lake,'' ``Peak,'' or ``Valley'' in 29 States. We therefore conclude
that ``Shawnee'' standing alone does not have a geographical context or
meaning
[[Page 68471]]
that is generally limited to the location of the Shawnee Hills
viticultural area. Accordingly, the regulatory text set forth in this
document specifies only the full ``Shawnee Hills'' name as a term of
viticultural significance for purposes of part 4 of the TTB
regulations.
For a wine to be eligible to use as an appellation of origin the
name of a viticultural area or other term specified as being
viticulturally significant in part 9 of the TTB regulations, at least
85 percent of the wine must derive from grapes grown within the area
represented by that name or other term, and the wine must meet the
other conditions listed in 27 CFR 4.25(e)(3). If the wine is not
eligible to use the viticultural area name or other term as an
appellation of origin and that name or term 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
viticultural area name or other term 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 a
viticultural area name or other viticulturally significant term that
was used as a brand name on a label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is 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
This rule is not a significant regulatory action as defined by
Executive Order 12866, 58 FR 51735. Therefore, it requires no
regulatory assessment.
Drafting Information
Rita Butler of the Regulations and Rulings Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
The Amendment
0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1,
part 9 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. Amend subpart C by adding Sec. 9.206 to read as follows:
Sec. 9.206 Shawnee Hills.
(a) Name. The name of the viticultural area described in this
section is ``Shawnee Hills''. For purposes of part 4 of this chapter,
``Shawnee Hills'' is a term of viticultural significance.
(b) Approved maps. The United States Geological Survey (USGS)
1:250,000-scale topographic map used to determine the boundary of the
Shawnee Hills viticultural area is titled--Paducah: Kentucky-Illinois,
Missouri-Indiana, 1987 edition.
(c) Boundary. The Shawnee Hills viticultural area is located in
southern Illinois between the Ohio and Mississippi Rivers, and largely
within the Shawnee National Forest. The boundary of the Shawnee Hills
viticultural area is described below--
(1) Beginning at the intersection of State Routes 3 and 150 in the
town of Chester (Randolph County), proceed northeast on Route 150 to
its intersection with the surveyed boundary line between Township 6
South (T6S) and Township 7 South (T7S); then
(2) Proceed due east along the T6S/T7S boundary line until it
becomes the boundary between Perry and Jackson Counties, and continue
east along the Perry-Jackson County line to State Route 4; then
(3) Proceed southeast on State Route 4 through the villages of
Campbell Hill, Ava, and Oraville to its intersection with State Route
13/127; then
(4) Proceed south on State Route 13/127 to the intersection where
State Routes 13 and 127 divide in the town of Murphysboro; then
(5) Proceed east on State Route 13 through the city of Carbondale
to State Route 13's intersection with Interstate 57; then
(6) Proceed south on Interstate 57 to its intersection with State
Route 148; then
(7) Proceed southeast on State Route 148 to its intersection with
State Route 37; then
(8) Proceed south on State Highway 37 to Saline Creek; then
(9) Proceed northeasterly (downstream) along Saline Creek to its
confluence with the South Fork of the Saline River, then continue
easterly (downstream) along the South Fork of the Saline River to its
confluence with the Saline River, then continue easterly and then
southeasterly (downstream) along the Saline River to its confluence
with the Ohio River near Saline Landing; then
(10) Proceed southwesterly (downstream) along the Ohio River to the
Interstate 24 bridge; then
(11) Proceed north on Interstate 24 to its intersection with the
New Columbia Ditch (with the towns of Big Bay to the northeast and New
Columbia to the northwest); then
(12) Proceed westerly along the New Columbia Ditch to its
confluence with the Main Ditch, and continue westerly along the Main
Ditch to its confluence with the Cache River (near the Cache River's
confluence with the Post Creek Cutoff), approximately 1.5 miles east-
northeast of the village of Karnak; then
(13) Proceed westerly (downstream) along the Cache River, passing
under Interstate 57 near the village of Ullin, and continue
southeasterly along the Cache River to the river's confluence with
Sandy Creek (northeast of the village of Sandusky); then
(14) Proceed westerly (upstream) along Sandy Creek approximately 4
miles to its junction with an unnamed secondary road (known locally as
Alexander County Road 4); then
(15) Proceed south along the unnamed secondary road (Alexander
County Road 4) to its junction with State Route 3 at the village of
Olive Branch; then
(16) Proceed northwest on State Route 3 to its intersection with
the Main Ditch (also known locally as Sexton Creek) at the village of
Gale; then
(17) Proceed northerly along Main Ditch and Clear Creek Ditch to a
light-duty road (known locally as State Forest Road) near the southwest
corner of the Trail of Tears State Forest, approximately 3.75 miles
east of the village of Wolf Lake; then
(18) Proceed west on the light-duty road (State Forest Road) to its
intersection with State Route 3 just south of Wolf Lake; then
(19) Proceed north on State Route 3 to its junction with the Big
Muddy River (near the village of Aldridge), and continue north
(upstream) along the Big Muddy River to its confluence with Kincaid
Creek near the village of Grimsby; then
(20) Continue northerly along Kincaid Creek to its junction with
State Route 149; then
(21) Proceed west on State Route 149 to its junction with State
Route 3, and then continue northwest along State
[[Page 68472]]
Route 3 to the beginning point in the town of Chester.
Signed: September 25, 2006.
John J. Manfreda,
Administrator.
Approved: October 27, 2006.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. E6-20023 Filed 11-24-06; 8:45 am]
BILLING CODE 4810-31-P
