Proposed Establishment of the Loess Hills District Viticultural Area, 34857-34864 [2015-15037]
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Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Proposed Rules
5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered Monday through
Friday between the hours of 8 a.m. and
4 p.m. to CC:PA:LPD:PR (REG–132634–
14), Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue NW.,
Washington, DC, or sent electronically,
via the Federal eRulemaking Portal at
www.regulations.gov (IRS REG–132634–
14). FOR FURTHER INFORMATION CONTACT:
Caroline E. Hay at (202) 317–5279 (not
a toll free number).
SUPPLEMENTARY INFORMATION:
Background
Need for Correction
As published in the Federal Register
on Wednesday, May 6, 2015 (80 FR
25970), the notice of proposed
rulemaking (REG–132634–14) contains
errors that may prove to be misleading
and are in need of clarification.
Correction of Publication
Accordingly, the notice of proposed
rulemaking (REG–132634–14), that was
the subject of FR Doc. 2015–10592, is
corrected as follows:
1. On page 25972, in the preamble,
first column, under paragraph heading
‘‘D. Processing or Refining’’, sixteenth
line from the bottom of the first
paragraph, the language ‘‘with Rev. Rul.
87–56 (1987–2 CB 27)’’ is corrected to
read ‘‘with Rev. Proc. 87–56 (1987–2 CB
674)’’.
§ 1.7704–4
[Corrected]
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2. On Page 25975, first column, the
fifteenth and sixteenth lines of
paragraph (c)(5)(i), the language
‘‘activity in accordance with Rev. Rul.
87–56, 1987–2 CB 27 (see’’ is corrected
to read ‘‘activity in accordance with
Rev. Proc. 87–56, 1987–2 CB 674 (see’’.
Martin V. Franks,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. 2015–14467 Filed 6–17–15; 8:45 am]
BILLING CODE 4830–01–P
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DEPARTMENT OF THE TREASURY
Background on Viticultural Areas
Alcohol and Tobacco Tax and Trade
Bureau
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated various
authorities through Treasury
Department Order 120–01), dated
December 10, 2013, to the TTB
Administrator to perform the functions
and duties in the administration and
enforcement of this law.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes the establishment of
definitive viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) sets forth
standards for the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas (AVAs) and
lists the approved AVAs.
27 CFR Part 9
[Docket No. TTB–2015–0009; Notice No.
153]
RIN 1513–AC20
Proposed Establishment of the Loess
Hills District Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the 12,897-square mile
(8,254,151-acre) ‘‘Loess Hills District’’
viticultural area in western Iowa and
northwestern Missouri. The proposed
viticultural area is not located within,
nor does it contain, any other
established viticultural area. TTB
designates viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase. TTB invites comments on this
proposed addition to its regulations.
DATES: Comments must be received by
August 17, 2015.
ADDRESSES: Please send your comments
on this proposed rule to one of the
following addresses (please note that
TTB has a new address for comments
submitted by U.S. mail):
• Internet: https://www.regulations.gov
(via the online comment form for this
proposed rule as posted within Docket
No. TTB–2015–0009 at
‘‘Regulations.gov,’’ the Federal erulemaking portal);
• U.S. Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Suite
400, Washington, DC 20005.
See the Public Participation section of
this proposed rule for specific
instructions and requirements for
submitting comments, and for
information on how to request a public
hearing or view or request copies of the
petition and supporting materials.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
SUMMARY:
The notice of proposed rulemaking
(REG–132634–14) that is the subject of
these corrections is under section
7704(d)(1)(E) of the Internal Revenue
Code.
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Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features, as described in
part 9 of the regulations, and a name
and a delineated boundary, as
established in part 9 of the regulations.
These designations allow vintners and
consumers to attribute a given quality,
reputation, or other characteristic of a
wine made from grapes grown in an area
to the wine’s geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA is
neither an approval nor an endorsement
by TTB of the wine produced in that
area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and provides that any interested party
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may petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes the standards for petitions for
the establishment or modification of
AVAs. Petitions to establish an AVA
must include the following:
• Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Loess Hills District Petition
TTB received a petition from Shirley
Frederiksen, on behalf of the Golden
Hills Resource Conservation and
Development Inc. and the Western Iowa
Grape Growers, proposing the
establishment of the ‘‘Loess Hills
District’’ AVA in western Iowa and
northwestern Missouri. The proposed
AVA includes all or portions of
Fremont, Page, Mills, Montgomery,
Pottawattamie, Cass, Harrison, Shelby,
Audubon, Monoma, Crawford, Carroll,
Woodbury, Ida, Sac, Plymouth, and
Sioux Counties in Iowa, as well as
portions of Atchison and Holt Counties
in Missouri. The proposed AVA covers
12,897 square miles (approximately
8,254,151 acres) and has 66 commercial
vineyards, which cover approximately
112 acres, distributed across the
proposed AVA. The proposed AVA also
has 13 bonded wineries.
According to the petition, the
distinguishing features of the proposed
Loess Hills District AVA include its soil,
topography, and climate. Unless
otherwise noted, all information and
data pertaining to the proposed AVA
contained in this proposed rule come
from the petition for the proposed Loess
Hills District AVA and its supporting
exhibits.
Name Evidence
The proposed Loess Hills District
AVA derives its name from the hills
made of extremely thick layers of wind-
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deposited soil called ‘‘loess’’ that are
characteristic of the region. Author
Cornelia F. Mutel wrote a book about
the natural history of the region titled
Fragile Giants: A Natural History of the
Loess Hills,1 in which she referred to the
hills as ‘‘one of North America’s gems,
possessing natural features rarely
duplicated elsewhere on the planet.’’ In
1999, the State of Iowa designated
11,266 acres of land within the region
of the proposed AVA as the Loess Hills
State Forest, with the goal of protecting
and preserving the unique landforms.
The names used by several Federal
agencies to refer to the region of the
proposed AVA contain the words ‘‘loess
hills.’’ The U.S. Department of
Agriculture’s Natural Resources
Conservation Service has designated the
region as a Major Land Resource Area
known as the ‘‘Iowa and Missouri Deep
Loess Hills.’’ The U.S. Environmental
Protection Agency describes the area of
the proposed AVA as the ‘‘Western
Loess Hills’’ eco-region. The U.S.
Geological Survey describes the region
as the ‘‘Loess Hills Regional Landform.’’
The Federal Highway Administration
gave the name ‘‘Loess Hills National
Scenic Byway’’ to a corridor of roads
passing through the region of the
proposed AVA. Finally, the National
Park Service has designated 10,000
acres within the proposed AVA as the
‘‘Loess Hills National Natural
Landmark.’’
Within the proposed Loess Hills
District AVA are several businesses,
organizations, and events that use the
words ‘‘loess hills’’ in their names. Two
annual events in Monona County, Iowa,
are the Loess Hills Prairie Seminar,
which teaches children and adults about
the natural and cultural history of the
region, and the Loess Hills Tractor Ride.
The Loess Hills Wind Farm supplies
energy to the town of Rock Port,
Missouri, which is within the proposed
AVA. Council Bluffs, Iowa, is the
headquarters of the Loess Hills
Preservation Society, which works to
protect the natural resources of western
Iowa and northwestern Missouri
through education, land protection
projects, sound land use planning, and
land acquisition. The city also is served
by a local chapter of the Red Cross,
which is called the Loess Hills Red
Cross. The Loess Hills Wood Turners,
which meets in Glenwood, Iowa, is a
club for woodworkers who live in
southwestern Iowa. The Loess Hills
Hideaway Cabins and Campground is
located near Pisgah, Iowa. Finally, Loess
1 Cornelia F. Mutel, Fragile Giants: A Natural
History of the Loess Hills (Iowa City: University of
Iowa Press, 1989).
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Hills Miniatures is a miniature horse
farm near Sioux City, Iowa.
Although the region of the proposed
Loess Hills District AVA is commonly
referred to as ‘‘Loess Hills,’’ the
petitioner proposes adding ‘‘District’’ to
the name in order to avoid potentially
affecting current use of the phrase
‘‘Loess Hills,’’ standing alone, in brand
names on wine labels. TTB agrees that
the addition of the word ‘‘District’’ is an
acceptable modification for this
purpose.
Boundary Evidence
The proposed Loess Hills District
AVA is described in the petition as a
long, narrow region of loess-formed hills
along the western banks of the Missouri
and Big Sioux Rivers in western Iowa
and northwestern Missouri. The
proposed AVA stretches from the Iowa–
South Dakota border south to Craig,
Missouri, and east to Exira, Iowa.
According to the petition, the proposed
boundary encompasses the regions
where the depth of the loess is greater
than 20 feet, which allows for excellent
water drainage and vine rooting depth.
The proposed western boundary
follows U.S. Interstate 29 and the Big
Sioux River and separates the loessformed hills of the proposed AVA from
the low, flat alluvial plains along the
Missouri River. The proposed northern,
eastern, and southern boundaries follow
a series of roads to separate the steep
slopes and deep loess of the proposed
AVA from the more gently rolling
landscapes and shallower loess depths
of the surrounding regions.
Distinguishing Features
The distinguishing features of the
proposed Loess Hills District AVA
include soil, topography, and climate.
Soil
The primary distinguishing feature of
the proposed Loess Hills District AVA is
the deep loess soil. Loess is a loose,
crumbly soil comprised of quartz,
feldspar, mica, and other materials.
During the Ice Age, glaciers ground the
underlying rocks into a fine powder
called ‘‘glacial flour.’’ When the glaciers
melted, the water pushed the glacial
flour down the Missouri River Valley.
When the waters receded, the exposed
silt dried and was picked up by the
prevailing westerly winds and redeposited over broad areas. This
windborne silt is called ‘‘loess.’’ The
heaviest, coarsest loess particles were
deposited close to the Missouri River
and formed the sharp, high bluffs of the
proposed Loess Hills District AVA.
Loess is common throughout the
United States, but the loess of the
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proposed AVA is unique because of its
depth. Within portions of the proposed
AVA, the loess reaches depths of 300
feet. According to the petition, the only
place on Earth where deep loess layers
are as extensive as those within the
proposed AVA is Shaanxi, China. The
deep loess of the proposed AVA enable
roots to extend deep into the soil
without being stopped by a restrictive
barrier such as denser soils or bedrock.
The lack of a restrictive barrier also
allows water to drain away from the
roots quickly, which reduces the risk of
fungal diseases and rot.
The soil within the proposed Loess
Hills District AVA typically has a high
pH value, ranging from 6.9 to 7.3.
According to the petition, grapes that
are grown in soils with high pH levels
show fewer leaf symptoms of nutrient
imbalance and are better to withstand
cold winters than similar grapes grown
in soils with lower pH levels. The
petition states the higher soil pH levels
of the proposed AVA are the reason
varieties such as Noiret, St. Vincent,
Vignole, Traminnette, Chardonel,
Chambourcin, Cayuga, and Norton are
grown successfully within the proposed
AVA but are not as common in the
regions outside the proposed AVA.
Additionally, grapes grown in soils with
high pH levels produce must that has
lower levels of potassium. Wines
produced from grape must with high
levels of potassium have lower, less
desirable acidity levels and are more
susceptible to microbial attacks than
wines made from grape must with low
levels of potassium.
To the north, east, and south of the
proposed Loess Hills District AVA, the
depth of loess is less than 20 feet. The
soils to the north, east, and south of the
proposed AVA also contain glacial till,
which forms a restrictive barrier that
prevents excess water from draining as
rapidly and fully as within the proposed
AVA. As a result, artificial drainage is
more common in vineyards in these
regions than inside the proposed AVA.
To the immediate west of the proposed
AVA, the soils are primarily formed
from alluvium and are poorly drained
and subject to flooding.
Topography
The topography of the proposed Loess
Hills District AVA is characterized by
rolling-to-steep hills. Elevations within
the proposed AVA peak at
approximately 1,500 feet on the highest
ridgelines, though local relief averages
approximately 100 feet. Ridge crests are
primarily oriented in a north-south
direction. Erosion by wind and water
has sculpted the ridge crests into
irregular shapes called ‘‘peaks and
saddles,’’ and streams have carved
steep-sided valleys. In places where the
soil has become heavily saturated, the
soil has slipped as a unit to form rows
of staircase-like terraces called ‘‘cat
steps.’’ According to the petition, the
irregular terrain of the proposed AVA
has created sheltered niches with
warmer temperatures than are found
outside the proposed AVA. As a result,
certain plants are able to live hundreds
of miles outside their normal ranges,
including the yucca, which is native to
the southwestern States, and the
pawpaw tree, which is native to the
southeastern States.
The hilly, often steep, landscape
affects viticulture within the proposed
Loess Hills District AVA. The hilly
terrain allows cold night air to drain off
the slopes and away from the vineyards,
reducing the risk of frost in the late
spring and early fall. The steep slopes
also shed excess water more quickly and
completely than surrounding regions
with flatter terrain, reducing the risk of
fungal diseases and rot. However, the
steepness of the slopes, combined with
the loose texture of the soil, increases
Average date of
last spring frost
(base 30 degrees F)
Location
34859
the risk of erosion. To reduce erosion,
many vineyard owners within the
proposed AVA plant their vines in a
north-south alignment, with a slightly
eastward slant to optimize the amount
of sunlight that reaches the vines.
Finally, the same warm niches that
allow plants such as yucca and pawpaw
trees to grow in the proposed AVA also
allow very late ripening grape varieties
such as Norton, Chambourcin, and
Noiret to grow successfully.
Outside of the proposed Loess Hills
District AVA, the local topography is
generally flatter and lower. To the north,
the local relief is similar to that of the
proposed AVA, but the hills are more
broadly undulating, and wide, nearly
level valley floors are common along the
large rivers. To the east, the terrain is
nearly level to gently rolling, and local
relief is between 10 and 20 feet. To the
south of the proposed AVA are rolling
hills with broad ridge tops and major
rivers with nearly level valleys, similar
to the topography north of the proposed
AVA. Local relief south of the proposed
AVA is between 10 and 20 feet, which
is lower than that of the proposed AVA.
To the west of the proposed AVA, the
terrain is marked by broad, undulating
ridges and wide flood plains, and the
local relief is between 5 and 30 feet.
Climate
The petition compared the
temperature of the proposed Loess Hills
District AVA to the surrounding region.
The following table, compiled from data
in the petition, summarizes the growing
season length, first and last frost dates,
and growing degree day (GDD) 2
averages for locations both within and
outside of the proposed AVA.3 The
locations within the proposed AVA are
listed from the northernmost location to
the southernmost location, as are the
locations outside the proposed AVA.
Average length
of growing
season
(in days)
Average date of
first fall frost
(base 30 degrees F)
Annual
GDD averages
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Within Proposed AVA
Sioux City, IA ..........................................................
Oakland, IA .............................................................
Atlantic, IA ...............................................................
Tarkio, MO ..............................................................
2 In the Winkler climate classification system,
annual heat accumulation during the growing
season (April 1 through October 31), measured in
annual growing degree days (GDDs), defines
climatic regions. One GDD accumulates for each
degree Fahrenheit that a day’s mean temperature is
above 50 degrees, the minimum temperature
required for grapevine growth. See Albert J.
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April
April
April
April
19
24
27
11
...........................
...........................
...........................
...........................
October
October
October
October
9 .......................
6 .......................
6 .......................
12 .....................
Winkler, General Viticulture (Berkeley: University
of California Press, 1974), pages 61–64.
3 The climate date for Iowa and Missouri was
gathered from climate normals available from the
Midwest Regional Climate Center (https://
mrcc.isws.illinois.edu/climate_midwest/
mwclimate_data_summaries.htm). Climate normals
are calculated every 10 years using 30 years of data.
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173
167
158
182
3,191
3,227
3,174
3,364
At the time the petition was submitted, the most
recent climate normals available were from the
period of 1971–2000. The climate data for Nebraska
and South Dakota was gathered from the High
Plains Regional Climate Center (HPRCC) (https://
www,hprcc.unl.edu/data/historical). The period of
the data collection on the HPRCC site varies from
weather station to weather station.
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Average length
of growing
season
(in days)
Average date of
last spring frost
(base 30 degrees F)
Location
Average ............................................................
Average date of
first fall frost
(base 30 degrees F)
........................................
........................................
Annual
GDD averages
170
3,239
North of Proposed AVA
Rock Rapids, IA ......................................................
Sioux Falls, SD .......................................................
April 28 ...........................
May 2 .............................
October 2 .......................
September 28 ................
158
139
2,279
2787
Average ............................................................
........................................
........................................
149
2,533
East of Proposed AVA
Sheldon, IA .............................................................
Cherokee, IA ...........................................................
Rockwell City, IA .....................................................
Guthrie Center, IA ...................................................
Bedford, IA ..............................................................
May 1 .............................
May 2 .............................
April 21 ...........................
April 28 ...........................
April 19 ...........................
October
October
October
October
October
2 .......................
4 .......................
8 .......................
4 .......................
10 .....................
155
157
172
162
175
2,729
2,866
3,063
3,013
3,430
Average ............................................................
........................................
........................................
164
3,020
South of Proposed AVA
Amity, MO ...............................................................
St. Joseph, MO .......................................................
April 12 ...........................
April 12 ...........................
October 12 .....................
October 13 .....................
180
188
3,516
3,866
Average ............................................................
........................................
........................................
184
3,691
West of Proposed AVA
May 7 .............................
May 1 .............................
April 30 ...........................
April 27 ...........................
May 3 .............................
October
October
October
October
October
.......................
.......................
.......................
.......................
.......................
147
160
162
161
155
2,911
3,337
3,517
3,566
3,613
Average ............................................................
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Wayne, NE ..............................................................
West Point, NE .......................................................
Fremont, NE ............................................................
Ashland, NE ............................................................
Tecumseh, NE ........................................................
........................................
........................................
157
3,389
The proposed Loess Hills District
AVA is well-suited for growing grape
varieties that require a long time to
mature. The early last-spring-frost date
allows vines to emerge from their winter
dormancy early without the risk of a late
frost damaging the new growth or buds.
The late first-fall-frost date ensures
ample time for the grapes to remain on
the vine and achieve full maturity and
reach the desired levels of acids and
sugars. Finally, the GDD average reflects
warm growing season temperatures that
encourage vine growth and fruit
development.
To the north and east of the proposed
AVA, the growing season is shorter and
GDDs are fewer, so late-maturing
varieties of grapes would not grow as
successfully in these regions as they do
within the proposed AVA. West of the
proposed AVA, the GDD accumulations
are higher, but a later last-spring-frost
date increases the risk of frost damage
to new vine growth and buds, and an
earlier first-fall-frost date poses a risk for
grapes that are still ripening late in the
growing season. The region to the south
has both a longer growing season and
greater GDD accumulations than the
proposed AVA, so late-maturing
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9
1
5
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varieties may ripen too quickly and
develop higher levels of sugars than
desired.
The petition also included data on the
average annual precipitation amounts
for the proposed Loess Hills District
AVA and the surrounding regions. The
following table was compiled from data
in the petition, and the data is from the
same sources as the data in the previous
table.
Average
annual
precipitation
amount
(in Inches)
Location
Location
East of Proposed AVA
Sheldon, IA .........................
Cherokee, IA .......................
Rockwell City, IA ................
Guthrie Center, IA ..............
Bedford, IA ..........................
29.46
29.03
31.26
34.71
36.35
Average .......................
32.16
South of Proposed AVA
Amity, MO ...........................
St. Joseph, MO ...................
Within Proposed AVA
Sioux City, IA ......................
Oakland, IA .........................
Atlantic, IA ..........................
Tarkio, MO ..........................
25.99
33.53
34.77
33.52
Average .......................
31.95
36.35
35.24
Average .......................
35.79
West of Proposed AVA
Rock Rapids, IA ..................
Sioux Falls, SD ...................
27.40
25.07
Wayne, NE .........................
West Point, NE ...................
Fremont, NE .......................
Ashland, NE ........................
Tecumseh, NE ....................
Average .......................
26.23
Average .......................
North of Proposed AVA
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Average
annual
precipitation
amount
(in Inches)
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26.35
29.18
29.29
28.50
31.79
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The average annual precipitation
amounts within the proposed Loess
Hills District AVA are higher than the
regions to the north and west, and lower
than the regions to the east and south.
The rainfall amounts within the
proposed AVA provide sufficient
moisture for the vines, and irrigation is
seldom necessary. However, the
relatively high rainfall amounts increase
the risk of erosion within the proposed
AVA, due to the nature of the loess
soils. As a result, vineyards on steep
hillsides are often planted in a northsouth orientation to help hold the soil
in place and reduce erosion.
Summary of Distinguishing Features
In summary, the evidence provided in
the petition indicates that the
geographic and climatic features of the
proposed Loess Hills District AVA
distinguish it from the surrounding
regions in each direction. To the north,
east, and south of the proposed AVA,
the topography is characterized by
broadly undulating hills with shallower
slopes, and the depth of the loess is less
than 20 feet. The regions to the north
and east also have shorter growing
seasons with lower accumulations of
GDDs. To the south of the proposed
AVA, the growing season is longer and
accumulates more GDDs, and
precipitation levels are higher. The
region to the west of the proposed AVA
is characterized by wide flood plains,
alluvial soils, less rainfall, and a shorter
growing season with higher GDD
accumulations.
TTB Determination
TTB concludes that the petition to
establish the 12,897-square mile Loess
Hills District AVA merits consideration
and public comment, as invited in this
proposed rule.
Boundary Description
See the narrative description of the
boundary of the petitioned-for AVA in
the proposed regulatory text published
at the end of this proposed rule.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Maps
The petitioner provided the required
maps, and they are listed below in the
proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name,
at least 85 percent of the wine must be
derived from grapes grown within the
area represented by that name, and the
wine must meet the other conditions
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listed in § 4.25(e)(3) of the TTB
regulations (27 CFR 4.25(e)(3)). If the
wine is not eligible for labeling with an
AVA name and that name appears in the
brand name, then the label is not in
compliance and the bottler must change
the brand name and obtain approval of
a new label. Similarly, if the AVA name
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label. Different rules apply if a wine has
a brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
§ 4.39(i)(2) of the TTB regulations (27
CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA,
its name, ‘‘Loess Hills District,’’ will be
recognized as a name of viticultural
significance under § 4.39(i)(3) of the
TTB regulations (27 CFR 4.39(i)(3)). The
text of the proposed regulation clarifies
this point. Consequently, if this
proposed rule is adopted as a final rule,
wine bottlers using the name ‘‘Loess
Hills District’’ in a brand name,
including a trademark, or in another
label reference as to the origin of the
wine, would have to ensure that the
product is eligible to use the AVA name
as an appellation of origin. TTB is not
proposing ‘‘Loess Hills,’’ standing alone,
as a term of viticultural significance if
the proposed AVA is established, in
order to avoid a potential conflict with
a current label holder. Accordingly, the
proposed part 9 regulatory text set forth
in this document specifies only the full
name ‘‘Loess Hills District’’ as a term of
viticultural significance for purposes of
part 4 of the TTB regulations.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should establish the proposed AVA.
TTB is also interested in receiving
comments on the sufficiency and
accuracy of the name, boundary, soils,
climate, and other required information
submitted in support of the petition.
Please provide any available specific
information in support of your
comments.
Because of the potential impact of the
establishment of the proposed Loess
Hills District AVA on wine labels that
include the term ‘‘Loess Hills District,’’
as discussed above under Impact on
Current Wine Labels, TTB is
particularly interested in comments
regarding whether there will be a
conflict between the proposed area
name and currently used brand names.
If a commenter believes that a conflict
will arise, the comment should describe
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34861
the nature of that conflict, including any
anticipated negative economic impact
that approval of the proposed AVA will
have on an existing viticultural
enterprise. TTB is also interested in
receiving suggestions for ways to avoid
conflicts, for example, by adopting a
modified or different name for the AVA.
Submitting Comments
You may submit comments on this
proposed rule by using one of the
following three methods (please note
that TTB has a new address for
comments submitted by U.S. Mail):
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this
proposed rule within Docket No. TTB–
2015–0009 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 153 on the TTB Web site at
https://www.ttb.gov/wine/winerulemaking.shtml. Supplemental files
may be attached to comments submitted
via Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab.
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005.
• Hand Delivery/Courier: You may
hand-carry your comments or have them
hand-carried to the Alcohol and
Tobacco Tax and Trade Bureau, 1310 G
Street NW., Suite 400, Washington, DC
20005.
Please submit your comments by the
closing date shown above in this
proposed rule. Your comments must
reference Notice No. 153 and include
your name and mailing address. Your
comments also must be made in
English, be legible, and be written in
language acceptable for public
disclosure. TTB does not acknowledge
receipt of comments, and TTB considers
all comments as originals.
In your comment, please clearly
indicate if you are commenting on your
own behalf or on behalf of an
association, business, or other entity. If
you are commenting on behalf of an
entity, your comment must include the
entity’s name, as well as your name and
position title. If you comment via
Regulations.gov, please enter the
entity’s name in the ‘‘Organization’’
blank of the online comment form. If
you comment via postal mail or hand
delivery/courier, please submit your
entity’s comment on letterhead.
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would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
It has been determined that this
proposed rule is not a significant
regulatory action as defined by
Executive Order 12866 of September 30,
1993. Therefore, no regulatory
assessment is required.
Public Disclosure
TTB will post, and you may view,
copies of this proposed rule, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2015–
0009 on the Federal e-rulemaking
portal, Regulations.gov, at https://
www.regulations.gov. A direct link to
that docket is available on the TTB Web
site at https://www.ttb.gov/wine/winerulemaking.shtml under Notice No. 153.
You may also reach the relevant docket
through the Regulations.gov search page
at https://www.regulations.gov. For
information on how to use
Regulations.gov, click on the site’s
‘‘Help’’ tab.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
or material that the Bureau considers
unsuitable for posting.
You may also view copies of this
proposed rule, all related petitions,
maps and other supporting materials,
and any electronic or mailed comments
that TTB receives about this proposal by
appointment at the TTB Information
Resource Center, 1310 G Street NW.,
Washington, DC 20005. You may also
obtain copies at 20 cents per 8.5- x 11inch page. Please note that TTB is
unable to provide copies of USGS maps
or any similarly-sized documents that
may be included as part of the AVA
petition. Contact TTB’s information
specialist at the above address or by
telephone at 202–453–2270 to schedule
an appointment or to request copies of
comments or other materials.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Karen A. Thornton of the Regulations
and Rulings Division drafted this
proposed rule.
Regulatory Flexibility Act
TTB certifies that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of an AVA name
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Executive Order 12866
Drafting Information
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, Code of Federal
Regulations, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Subpart C is amended by adding
§ 9.___ to read as follows:
■
§ 9.____
Loess Hills District.
(a) Name. The name of the viticultural
area described in this section is ‘‘Loess
Hills District’’. For purposes of part 4 of
this chapter, ‘‘Loess Hills District’’ is a
term of viticultural significance.
(b) Approved maps. The 13 United
States Geological Survey (USGS)
1:100,000 scale topographic maps used
to determine the boundary of the Loess
Hills District viticultural area are titled:
(1) Rock Rapids, Iowa–South Dakota,
1985;
(2) Sioux City North, Iowa– South
Dakota–Nebraska, 1986; photoinspected
1990;
(3) Storm Lake, Iowa, 1985;
photoinspected 1990;
(4) Ida Grove, Iowa, 1985;
photoinspected 1990;
(5) Carroll, Iowa, 1993;
(6) Guthrie Center, Iowa, 1993;
(7) Creston, Iowa, 1993;
(8) Omaha, Nebraska–Iowa, 1985;
photoinspected, 1990;
(9) Nebraska City, Nebraska–Iowa–
Missouri, 1993;
(10) Falls City, Nebraska–Missouri,
1986; photoinspected 1991;
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(11) Harlan, Iowa–Nebraska, 1980;
(12) Blair, Nebraska–Iowa, 1986;
photoinspected 1988; and
(13) Sioux City South, Iowa–Nebraska
South Dakota, 1986; photoinspected
1990.
(c) Boundary. The Loess Hills District
viticultural area is located in Fremont,
Page, Mills, Montgomery,
Pottawattamie, Cass, Harrison, Shelby,
Audubon, Monona, Crawford, Carroll,
Woodbury, Ida, Sac, Plymouth, and
Sioux Counties in western Iowa and
Atchison and Holt Counties in
northwestern Missouri. The boundary of
the Loess Hills District viticultural area
is as described below:
(1) The beginning point is on the Rock
Rapids, Iowa–South Dakota map, in
Sioux County, Iowa, at the intersection
of the Big Sioux River and an unnamed
road known locally as County Road B30
(360th Street), east of Hudson, South
Dakota. From the beginning point,
proceed east on County Road B30
approximately 3 miles to a road known
locally as County Road K22 (Coolidge
Avenue); then
(2) Proceed south on County Road
K22 approximately 3 miles to a road
known locally as County Road B40
(390th Street); then
(3) Proceed east on County Road B40
approximately 4 miles to a road known
locally as County Road K30 (Eagle
Avenue); then
(4) Proceed south on County Road
K30 approximately 13.1 miles, crossing
onto the Sioux City North, Iowa–South
Dakota–Nebraska map and continuing
into Plymouth County, Iowa, to a road
known locally as County Road C12
(110th Street), at Craig, Iowa; then
(5) Proceed east on County Road C12
approximately 2 miles to a road known
locally as County Road K42 (Jade
Avenue), at the marked 436-meter
elevation point; then
(6) Proceed south on County Road
K42 approximately 10 miles to a road
known locally as County Road C38; then
(7) Proceed east on County Road C38
approximately 6.4 miles to a road
known locally as County Road K49 (7th
Avenue SE), approximately 2 miles
south of La Mars, Iowa; then
(8) Proceed south on County Road
K49 approximately 4 miles to a road
known locally as County Road C44
(230th Street); then
(9) Proceed east on County Road C44
approximately 5 miles to a road known
locally as County Road K64 (Oyens
Avenue); then
(10) Proceed south on County Road
K64 approximately 4.1 miles to a road
known locally as County Road C60
(290th Street); then
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(11) Proceed east on County Road C60
approximately 5 miles, crossing onto the
Storm Lake, Iowa map, to State Highway
140; then
(12) Proceed south on State Highway
140 approximately 3.2 miles to a road
known locally as County Road L14
(Knox Avenue) in Kingsley, Iowa; then
(13) Proceed south on County Road
L14 approximately 2.7 miles, crossing
into Woodbury County, Iowa, to a road
known locally as County Road D12
(110th Street); then
(14) Proceed east on County Road D12
approximately 5 miles to a road known
locally as County Road L25 (Minnesota
Avenue) near Pierson, Iowa; then
(15) Proceed south on County Road
L25 approximately 4.5 miles, crossing
onto the Ida Grove, Iowa map, to U.S.
Highway 20; then
(16) Proceed east on U.S. Highway 20
approximately 22.5 miles, crossing into
Ida County, Iowa, to a road known
locally as County Road M25 (Market
Avenue); then
(17) Proceed south on County Road
M25 approximately 9.8 miles to State
Highway 175 east of Ida Grove, Iowa;
then
(18) Proceed east on State Highway
175 approximately 4.1 miles to a road
known locally as Country Highway M31
(Quail Avenue) near Arthur, Iowa; then
(19) Proceed south on Country
Highway M31 approximately 4.4 miles
to a road known locally as County Road
D59 (300th Street); then
(20) Proceed east on County Road D59
approximately 13 miles, crossing into
Sac County, Iowa, to a road known
locally as County Road M64 (Needham
Avenue/Center Street) at Wall Lake,
Iowa; then
(21) Proceed south on County Road
M64 approximately 6.2 miles to a road
known locally as County Road E16
(120th Street); then
(22) Proceed east into Carroll County,
Iowa, on County Road E16
approximately 6 miles, crossing onto the
Carroll, Iowa map, to Breda, Iowa, and
then continue east on State Highway
217 (East Main Street) approximately 5
miles to U.S. Highway 71; then
(23) Proceed south on U.S. Highway
71 approximately 3 miles to a road
known locally as County Road E26
(140th Street); then
(24) Proceed east on County Road E26
approximately 5 miles to a road known
locally as County Road N38 (Quail
Avenue); then
(25) Proceed south on County Road
N38 approximately 5 miles to U.S.
Highway 30 (Lincoln Highway); then
(26) Proceed east on U.S. Highway 30
approximately 3 miles to a road known
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14:59 Jun 17, 2015
Jkt 235001
locally as County Road N44 (Colorado
Street) in Glidden, Iowa; then
(27) Proceed south on County Road
N44 approximately 8 miles, crossing
onto the Guthrie Center, Iowa map, to a
road known locally as County Road E57
(280th Street); then
(28) Proceed east on County Road E57
approximately 2 miles to a road known
locally as County Road N44 (Velvet
Avenue); then
(29) Proceed south on County Road
N44 approximately 5.4 miles to State
Highway 141 (330th Street) at Coon
Rapids, Iowa; then
(30) Proceed west on State Highway
141 approximately 12 miles to U.S.
Highway 71 at Lynx Avenue southeast
of Templeton, Iowa; then
(31) Proceed south on U.S. Highway
71 approximately 35.9 miles, crossing
into Audubon County, Iowa, and then
Cass County, Iowa, and onto the
Creston, Iowa map, to U.S. Highway 6/
State Highway 83 east of Atlantic, Iowa;
then
(32) Proceed west, then southwest,
then west on U.S. Highway 6
approximately 18.9 miles, crossing onto
the Omaha, Nebraska–Iowa map and
into Pottawattamie County, Iowa, to a
road known locally as County Road M47
(500th Street) approximately 1 mile
west of Walnut Creek; then
(33) Proceed south on County Road
M47 approximately 12 miles, crossing
into Montgomery County, Iowa to a road
known locally as County Road H12
(110th Street); then
(34) Proceed west on County Road
H12 approximately 8.9 miles, crossing
into Mills County, Iowa, to U.S.
Highway 59; then
(35) Proceed south on U.S. Highway
59 approximately 20.2 miles, crossing
onto the Nebraska City, Nebraska–Iowa–
Missouri map and into Page County,
Iowa, to a road known locally as County
Road J14 (130th Street); then
(36) Proceed east on County Road J14
approximately 4 miles to a road known
locally as County Road M41 (D Avenue);
then
(37) Proceed south on County Road
M41 approximately 1.7 miles to State
Highway 48 at Essex, Iowa; then
(38) Proceed northeast then east on
State Highway 48 approximately 1.2
miles to a road known locally as County
Road M41 (E Avenue); then
(39) Proceed south on County Road
M41 approximately 7 miles to State
Highway 2 (210th Street); then
(40) Proceed east on State Highway 2
approximately 8 miles to a road known
locally as M Avenue; then
(41) Proceed south on M Avenue, then
east on a road known locally as County
Road M60 (Maple Avenue),
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34863
approximately 6.4 total miles, to a road
known locally as County Road J52
(270th Street); then
(42) Proceed south in a straight line
approximately 3.5 miles to the
intersection of 304th Street and Maple
Avenue (approximately 1.2 mile
southwest of College Springs, Iowa), and
then continue south on Maple Avenue
for 0.5 mile to a road known locally as
County Road J64 (310th Street); then
(43) Proceed west on County Road J64
approximately 4.5 miles to a road
known locally as County Road M48
(Hackberry Avenue); then
(44) Proceed south on County Road
M48 approximately 1.2 miles to the
Iowa-Missouri State line at Blanchard,
Iowa, and, crossing into Atchison
County, Missouri, where County Road
M48 becomes State Road M, and
continue generally south on State Road
M approximately 11.2 miles, crossing
onto the Falls City, Nebraska-Missouri
map, to U.S. Highway 136; then
(45) Proceed west on U.S. Highway
136 approximately 1 mile to State Road
N; then
(46) Proceed south on State Road N 15
miles, crossing into Holt County,
Missouri, to State Road C; then
(47) Proceed west then south on State
Road C approximately 3 miles to U.S.
Highway 59; then
(48) Proceed northwest on U.S.
Highway 59 approximately 2 miles to
the highway’s first intersection with
Interstate Highway 29 near Craig,
Missouri; then
(49) Proceed generally north along
Interstate Highway 29, crossing into
Atchison County, Missouri, and onto
the Nebraska City, Nebraska-IowaMissouri map, and continuing into
Freemont County and Mills County,
Iowa, then crossing onto the Omaha,
Nebraska-Iowa map and into
Pottawattamie County, Iowa; then
crossing onto the Harlan, Iowa-Nebraska
map and into Harrison County, Iowa;
then continuing onto the Blair,
Nebraska-Iowa map and into Monona
County, Iowa; then crossing onto the
Sioux City South, Iowa-Nebraska-South
Dakota Map and into Woodbury County
for a total of approximately 185 miles,
to the intersection of Interstate Highway
29 with the Big Sioux River at Sioux
City, Iowa; then
(50) Proceed generally north
(upstream) along the meandering Big
Sioux River, crossing onto the Sioux
City North, Iowa-South Dakota-Nebraska
map and into Plymouth County and
Sioux County, Iowa, and continuing
onto the Rock Rapids, Iowa-South
Dakota map for a total of approximately
50 miles, returning to the beginning
point.
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Signed: June 11, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015–15037 Filed 6–17–15; 8:45 am]
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
BILLING CODE 4810–31–P
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
DEPARTMENT OF THE TREASURY
TTB Authority
Alcohol and Tobacco Tax and Trade
Bureau
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated various
authorities through Treasury
Department Order 120–01, dated
December 10, 2013, to the TTB
Administrator to perform the functions
and duties in the administration and
enforcement of this law.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes TTB to establish
definitive viticultural areas and regulate
the use of their names as appellations of
origin on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) sets forth the
standards for the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas (AVAs) and
lists the approved American viticultural
areas.
27 CFR Part 9
[Docket No. TTB–2015–0008; Notice No.
152]
RIN 1513–AC21
Proposed Expansion of the Willamette
Valley Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
expand the approximately 5,360-square
mile ‘‘Willamette Valley’’ viticultural
area in northwestern Oregon by
approximately 29 square miles. The
established Willamette Valley
viticultural area and the proposed
expansion area do not lie within any
other viticultural area. TTB designates
viticultural areas to allow vintners to
better describe the origin of their wines
and to allow consumers to better
identify wines they may purchase. TTB
invites comments on this proposed
addition to its regulations.
DATES: Comments must be received by
August 17, 2015.
ADDRESSES: Please send your comments
on this notice of proposed rulemaking to
one of the following addresses:
• Internet: https://www.regulations.gov
(via the online comment form for this
notice of proposed rulemaking as posted
within Docket No. TTB–2015–0008 at
‘‘Regulations.gov,’’ the Federal erulemaking portal);
• U.S. Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Suite
400, Washington, DC 20005.
See the Public Participation section of
this notice of proposed rulemaking for
specific instructions and requirements
for submitting comments, and for
information on how to request a public
hearing or view or obtain copies of the
petition and supporting materials.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
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SUMMARY:
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Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features, as described in
part 9 of the regulations, and a name
and a delineated boundary, as
established in part 9 of the regulations.
These designations allow vintners and
consumers to attribute a given quality,
reputation, or other characteristic of a
wine made from grapes grown in an area
to the wine’s geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA is
neither an approval nor an endorsement
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by TTB of the wine produced in that
area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing the
establishment of an AVA and provides
that any interested party may petition
TTB to establish a grape-growing region
as an AVA. Petitioners may use the
same procedures to request changes
involving existing AVAs. Section 9.12(c)
of the TTB regulations (27 CFR 9.12(c))
prescribes standards for petitions for
modifying established AVAs. Petitions
to expand an established AVA must
include the following:
• Evidence that the region within the
proposed expansion area boundary is
nationally or locally known by the name
of the established AVA;
• An explanation of the basis for
defining the boundary of the proposed
expansion area;
• A narrative description of the
features of the proposed expansion area
affecting viticulture, including climate,
geology, soils, physical features, and
elevation, that make the proposed
expansion area similar to the
established AVA and distinguish it from
adjacent areas outside the established
AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
expansion area, with the boundary of
the proposed expansion area clearly
drawn thereon; and
• A detailed narrative description of
the proposed expansion area boundary
based on USGS map markings.
Petition To Expand the Willamette
Valley AVA
TTB received a petition from Steve
Thomson, the executive vice president
of King Estate Winery in Eugene,
Oregon, proposing to expand the
established ‘‘Willamette Valley’’ AVA in
northwestern Oregon. The Willamette
Valley AVA (27 CFR 9.90) was
established by T.D. ATF–162, which
published in the Federal Register on
December 1, 1983 (48 FR 54221). The
Willamette Valley AVA covers
approximately 5,360 square miles in
Benton, Lane, Linn, Clackamas, Lincoln,
Marion, Multnomah, Polk, Tillamook,
Washington, and Yamhill Counties. The
Willamette Valley AVA is not located
within any other AVA, but it does
contain six smaller AVAs: Chehalem
Mountains, Dundee Hills, Eola-Amity
Hills, McMinnville, Ribbon Ridge, and
Yamhill-Carlton.
The proposed expansion area is
located in Lane County adjacent to the
E:\FR\FM\18JNP1.SGM
18JNP1
]]>Agencies
[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Proposed Rules]
[Pages 34857-34864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15037]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2015-0009; Notice No. 153]
RIN 1513-AC20
Proposed Establishment of the Loess Hills District Viticultural
Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the 12,897-square mile (8,254,151-acre) ``Loess Hills
District'' viticultural area in western Iowa and northwestern Missouri.
The proposed viticultural area is not located within, nor does it
contain, any other established viticultural area. TTB designates
viticultural areas to allow vintners to better describe the origin of
their wines and to allow consumers to better identify wines they may
purchase. TTB invites comments on this proposed addition to its
regulations.
DATES: Comments must be received by August 17, 2015.
ADDRESSES: Please send your comments on this proposed rule to one of
the following addresses (please note that TTB has a new address for
comments submitted by U.S. mail):
Internet: https://www.regulations.gov (via the online
comment form for this proposed rule as posted within Docket No. TTB-
2015-0009 at ``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW., Suite 400, Washington, DC
20005.
See the Public Participation section of this proposed rule for
specific instructions and requirements for submitting comments, and for
information on how to request a public hearing or view or request
copies of the petition and supporting materials.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated various
authorities through Treasury Department Order 120-01), dated December
10, 2013, to the TTB Administrator to perform the functions and duties
in the administration and enforcement of this law.
Part 4 of the TTB regulations (27 CFR part 4) authorizes the
establishment of definitive viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets
forth standards for the preparation and submission of petitions for the
establishment or modification of American viticultural areas (AVAs) and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and a name and a delineated boundary, as
established in part 9 of the regulations. These designations allow
vintners and consumers to attribute a given quality, reputation, or
other characteristic of a wine made from grapes grown in an area to the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA is neither an approval nor an endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party
[[Page 34858]]
may petition TTB to establish a grape-growing region as an AVA. Section
9.12 of the TTB regulations (27 CFR 9.12) prescribes the standards for
petitions for the establishment or modification of AVAs. Petitions to
establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Loess Hills District Petition
TTB received a petition from Shirley Frederiksen, on behalf of the
Golden Hills Resource Conservation and Development Inc. and the Western
Iowa Grape Growers, proposing the establishment of the ``Loess Hills
District'' AVA in western Iowa and northwestern Missouri. The proposed
AVA includes all or portions of Fremont, Page, Mills, Montgomery,
Pottawattamie, Cass, Harrison, Shelby, Audubon, Monoma, Crawford,
Carroll, Woodbury, Ida, Sac, Plymouth, and Sioux Counties in Iowa, as
well as portions of Atchison and Holt Counties in Missouri. The
proposed AVA covers 12,897 square miles (approximately 8,254,151 acres)
and has 66 commercial vineyards, which cover approximately 112 acres,
distributed across the proposed AVA. The proposed AVA also has 13
bonded wineries.
According to the petition, the distinguishing features of the
proposed Loess Hills District AVA include its soil, topography, and
climate. Unless otherwise noted, all information and data pertaining to
the proposed AVA contained in this proposed rule come from the petition
for the proposed Loess Hills District AVA and its supporting exhibits.
Name Evidence
The proposed Loess Hills District AVA derives its name from the
hills made of extremely thick layers of wind-deposited soil called
``loess'' that are characteristic of the region. Author Cornelia F.
Mutel wrote a book about the natural history of the region titled
Fragile Giants: A Natural History of the Loess Hills,\1\ in which she
referred to the hills as ``one of North America's gems, possessing
natural features rarely duplicated elsewhere on the planet.'' In 1999,
the State of Iowa designated 11,266 acres of land within the region of
the proposed AVA as the Loess Hills State Forest, with the goal of
protecting and preserving the unique landforms.
---------------------------------------------------------------------------
\1\ Cornelia F. Mutel, Fragile Giants: A Natural History of the
Loess Hills (Iowa City: University of Iowa Press, 1989).
---------------------------------------------------------------------------
The names used by several Federal agencies to refer to the region
of the proposed AVA contain the words ``loess hills.'' The U.S.
Department of Agriculture's Natural Resources Conservation Service has
designated the region as a Major Land Resource Area known as the ``Iowa
and Missouri Deep Loess Hills.'' The U.S. Environmental Protection
Agency describes the area of the proposed AVA as the ``Western Loess
Hills'' eco-region. The U.S. Geological Survey describes the region as
the ``Loess Hills Regional Landform.'' The Federal Highway
Administration gave the name ``Loess Hills National Scenic Byway'' to a
corridor of roads passing through the region of the proposed AVA.
Finally, the National Park Service has designated 10,000 acres within
the proposed AVA as the ``Loess Hills National Natural Landmark.''
Within the proposed Loess Hills District AVA are several
businesses, organizations, and events that use the words ``loess
hills'' in their names. Two annual events in Monona County, Iowa, are
the Loess Hills Prairie Seminar, which teaches children and adults
about the natural and cultural history of the region, and the Loess
Hills Tractor Ride. The Loess Hills Wind Farm supplies energy to the
town of Rock Port, Missouri, which is within the proposed AVA. Council
Bluffs, Iowa, is the headquarters of the Loess Hills Preservation
Society, which works to protect the natural resources of western Iowa
and northwestern Missouri through education, land protection projects,
sound land use planning, and land acquisition. The city also is served
by a local chapter of the Red Cross, which is called the Loess Hills
Red Cross. The Loess Hills Wood Turners, which meets in Glenwood, Iowa,
is a club for woodworkers who live in southwestern Iowa. The Loess
Hills Hideaway Cabins and Campground is located near Pisgah, Iowa.
Finally, Loess Hills Miniatures is a miniature horse farm near Sioux
City, Iowa.
Although the region of the proposed Loess Hills District AVA is
commonly referred to as ``Loess Hills,'' the petitioner proposes adding
``District'' to the name in order to avoid potentially affecting
current use of the phrase ``Loess Hills,'' standing alone, in brand
names on wine labels. TTB agrees that the addition of the word
``District'' is an acceptable modification for this purpose.
Boundary Evidence
The proposed Loess Hills District AVA is described in the petition
as a long, narrow region of loess-formed hills along the western banks
of the Missouri and Big Sioux Rivers in western Iowa and northwestern
Missouri. The proposed AVA stretches from the Iowa-South Dakota border
south to Craig, Missouri, and east to Exira, Iowa. According to the
petition, the proposed boundary encompasses the regions where the depth
of the loess is greater than 20 feet, which allows for excellent water
drainage and vine rooting depth.
The proposed western boundary follows U.S. Interstate 29 and the
Big Sioux River and separates the loess-formed hills of the proposed
AVA from the low, flat alluvial plains along the Missouri River. The
proposed northern, eastern, and southern boundaries follow a series of
roads to separate the steep slopes and deep loess of the proposed AVA
from the more gently rolling landscapes and shallower loess depths of
the surrounding regions.
Distinguishing Features
The distinguishing features of the proposed Loess Hills District
AVA include soil, topography, and climate.
Soil
The primary distinguishing feature of the proposed Loess Hills
District AVA is the deep loess soil. Loess is a loose, crumbly soil
comprised of quartz, feldspar, mica, and other materials. During the
Ice Age, glaciers ground the underlying rocks into a fine powder called
``glacial flour.'' When the glaciers melted, the water pushed the
glacial flour down the Missouri River Valley. When the waters receded,
the exposed silt dried and was picked up by the prevailing westerly
winds and re-deposited over broad areas. This windborne silt is called
``loess.'' The heaviest, coarsest loess particles were deposited close
to the Missouri River and formed the sharp, high bluffs of the proposed
Loess Hills District AVA.
Loess is common throughout the United States, but the loess of the
[[Page 34859]]
proposed AVA is unique because of its depth. Within portions of the
proposed AVA, the loess reaches depths of 300 feet. According to the
petition, the only place on Earth where deep loess layers are as
extensive as those within the proposed AVA is Shaanxi, China. The deep
loess of the proposed AVA enable roots to extend deep into the soil
without being stopped by a restrictive barrier such as denser soils or
bedrock. The lack of a restrictive barrier also allows water to drain
away from the roots quickly, which reduces the risk of fungal diseases
and rot.
The soil within the proposed Loess Hills District AVA typically has
a high pH value, ranging from 6.9 to 7.3. According to the petition,
grapes that are grown in soils with high pH levels show fewer leaf
symptoms of nutrient imbalance and are better to withstand cold winters
than similar grapes grown in soils with lower pH levels. The petition
states the higher soil pH levels of the proposed AVA are the reason
varieties such as Noiret, St. Vincent, Vignole, Traminnette, Chardonel,
Chambourcin, Cayuga, and Norton are grown successfully within the
proposed AVA but are not as common in the regions outside the proposed
AVA. Additionally, grapes grown in soils with high pH levels produce
must that has lower levels of potassium. Wines produced from grape must
with high levels of potassium have lower, less desirable acidity levels
and are more susceptible to microbial attacks than wines made from
grape must with low levels of potassium.
To the north, east, and south of the proposed Loess Hills District
AVA, the depth of loess is less than 20 feet. The soils to the north,
east, and south of the proposed AVA also contain glacial till, which
forms a restrictive barrier that prevents excess water from draining as
rapidly and fully as within the proposed AVA. As a result, artificial
drainage is more common in vineyards in these regions than inside the
proposed AVA. To the immediate west of the proposed AVA, the soils are
primarily formed from alluvium and are poorly drained and subject to
flooding.
Topography
The topography of the proposed Loess Hills District AVA is
characterized by rolling-to-steep hills. Elevations within the proposed
AVA peak at approximately 1,500 feet on the highest ridgelines, though
local relief averages approximately 100 feet. Ridge crests are
primarily oriented in a north-south direction. Erosion by wind and
water has sculpted the ridge crests into irregular shapes called
``peaks and saddles,'' and streams have carved steep-sided valleys. In
places where the soil has become heavily saturated, the soil has
slipped as a unit to form rows of staircase-like terraces called ``cat
steps.'' According to the petition, the irregular terrain of the
proposed AVA has created sheltered niches with warmer temperatures than
are found outside the proposed AVA. As a result, certain plants are
able to live hundreds of miles outside their normal ranges, including
the yucca, which is native to the southwestern States, and the pawpaw
tree, which is native to the southeastern States.
The hilly, often steep, landscape affects viticulture within the
proposed Loess Hills District AVA. The hilly terrain allows cold night
air to drain off the slopes and away from the vineyards, reducing the
risk of frost in the late spring and early fall. The steep slopes also
shed excess water more quickly and completely than surrounding regions
with flatter terrain, reducing the risk of fungal diseases and rot.
However, the steepness of the slopes, combined with the loose texture
of the soil, increases the risk of erosion. To reduce erosion, many
vineyard owners within the proposed AVA plant their vines in a north-
south alignment, with a slightly eastward slant to optimize the amount
of sunlight that reaches the vines. Finally, the same warm niches that
allow plants such as yucca and pawpaw trees to grow in the proposed AVA
also allow very late ripening grape varieties such as Norton,
Chambourcin, and Noiret to grow successfully.
Outside of the proposed Loess Hills District AVA, the local
topography is generally flatter and lower. To the north, the local
relief is similar to that of the proposed AVA, but the hills are more
broadly undulating, and wide, nearly level valley floors are common
along the large rivers. To the east, the terrain is nearly level to
gently rolling, and local relief is between 10 and 20 feet. To the
south of the proposed AVA are rolling hills with broad ridge tops and
major rivers with nearly level valleys, similar to the topography north
of the proposed AVA. Local relief south of the proposed AVA is between
10 and 20 feet, which is lower than that of the proposed AVA. To the
west of the proposed AVA, the terrain is marked by broad, undulating
ridges and wide flood plains, and the local relief is between 5 and 30
feet.
Climate
The petition compared the temperature of the proposed Loess Hills
District AVA to the surrounding region. The following table, compiled
from data in the petition, summarizes the growing season length, first
and last frost dates, and growing degree day (GDD) \2\ averages for
locations both within and outside of the proposed AVA.\3\ The locations
within the proposed AVA are listed from the northernmost location to
the southernmost location, as are the locations outside the proposed
AVA.
---------------------------------------------------------------------------
\2\ In the Winkler climate classification system, annual heat
accumulation during the growing season (April 1 through October 31),
measured in annual growing degree days (GDDs), defines climatic
regions. One GDD accumulates for each degree Fahrenheit that a day's
mean temperature is above 50 degrees, the minimum temperature
required for grapevine growth. See Albert J. Winkler, General
Viticulture (Berkeley: University of California Press, 1974), pages
61-64.
\3\ The climate date for Iowa and Missouri was gathered from
climate normals available from the Midwest Regional Climate Center
(https://mrcc.isws.illinois.edu/climate_midwest/mwclimate_data_summaries.htm). Climate normals are calculated every
10 years using 30 years of data. At the time the petition was
submitted, the most recent climate normals available were from the
period of 1971-2000. The climate data for Nebraska and South Dakota
was gathered from the High Plains Regional Climate Center (HPRCC)
(https://www,hprcc.unl.edu/data/historical). The period of the data
collection on the HPRCC site varies from weather station to weather
station.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average length
Location Average date of last spring frost Average date of first fall frost (base of growing Annual GDD
(base 30 degrees F) 30 degrees F) season (in days) averages
--------------------------------------------------------------------------------------------------------------------------------------------------------
Within Proposed AVA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sioux City, IA...................... April 19.............................. October 9............................. 173 3,191
Oakland, IA......................... April 24.............................. October 6............................. 167 3,227
Atlantic, IA........................ April 27.............................. October 6............................. 158 3,174
Tarkio, MO.......................... April 11.............................. October 12............................ 182 3,364
-----------------------------------
[[Page 34860]]
Average......................... ...................................... ...................................... 170 3,239
--------------------------------------------------------------------------------------------------------------------------------------------------------
North of Proposed AVA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rock Rapids, IA..................... April 28.............................. October 2............................. 158 2,279
Sioux Falls, SD..................... May 2................................. September 28.......................... 139 2787
-----------------------------------
Average......................... ...................................... ...................................... 149 2,533
--------------------------------------------------------------------------------------------------------------------------------------------------------
East of Proposed AVA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sheldon, IA......................... May 1................................. October 2............................. 155 2,729
Cherokee, IA........................ May 2................................. October 4............................. 157 2,866
Rockwell City, IA................... April 21.............................. October 8............................. 172 3,063
Guthrie Center, IA.................. April 28.............................. October 4............................. 162 3,013
Bedford, IA......................... April 19.............................. October 10............................ 175 3,430
-----------------------------------
Average......................... ...................................... ...................................... 164 3,020
--------------------------------------------------------------------------------------------------------------------------------------------------------
South of Proposed AVA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Amity, MO........................... April 12.............................. October 12............................ 180 3,516
St. Joseph, MO...................... April 12.............................. October 13............................ 188 3,866
-----------------------------------
Average......................... ...................................... ...................................... 184 3,691
--------------------------------------------------------------------------------------------------------------------------------------------------------
West of Proposed AVA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Wayne, NE........................... May 7................................. October 1............................. 147 2,911
West Point, NE...................... May 1................................. October 9............................. 160 3,337
Fremont, NE......................... April 30.............................. October 1............................. 162 3,517
Ashland, NE......................... April 27.............................. October 5............................. 161 3,566
Tecumseh, NE........................ May 3................................. October 6............................. 155 3,613
-----------------------------------
Average......................... ...................................... ...................................... 157 3,389
--------------------------------------------------------------------------------------------------------------------------------------------------------
The proposed Loess Hills District AVA is well-suited for growing
grape varieties that require a long time to mature. The early last-
spring-frost date allows vines to emerge from their winter dormancy
early without the risk of a late frost damaging the new growth or buds.
The late first-fall-frost date ensures ample time for the grapes to
remain on the vine and achieve full maturity and reach the desired
levels of acids and sugars. Finally, the GDD average reflects warm
growing season temperatures that encourage vine growth and fruit
development.
To the north and east of the proposed AVA, the growing season is
shorter and GDDs are fewer, so late-maturing varieties of grapes would
not grow as successfully in these regions as they do within the
proposed AVA. West of the proposed AVA, the GDD accumulations are
higher, but a later last-spring-frost date increases the risk of frost
damage to new vine growth and buds, and an earlier first-fall-frost
date poses a risk for grapes that are still ripening late in the
growing season. The region to the south has both a longer growing
season and greater GDD accumulations than the proposed AVA, so late-
maturing varieties may ripen too quickly and develop higher levels of
sugars than desired.
The petition also included data on the average annual precipitation
amounts for the proposed Loess Hills District AVA and the surrounding
regions. The following table was compiled from data in the petition,
and the data is from the same sources as the data in the previous
table.
------------------------------------------------------------------------
Average annual
precipitation
Location amount (in
Inches)
------------------------------------------------------------------------
Within Proposed AVA
------------------------------------------------------------------------
Sioux City, IA......................................... 25.99
Oakland, IA............................................ 33.53
Atlantic, IA........................................... 34.77
Tarkio, MO............................................. 33.52
----------------
Average............................................ 31.95
------------------------------------------------------------------------
North of Proposed AVA
------------------------------------------------------------------------
Rock Rapids, IA........................................ 27.40
Sioux Falls, SD........................................ 25.07
----------------
Average............................................ 26.23
------------------------------------------------------------------------
East of Proposed AVA
------------------------------------------------------------------------
Sheldon, IA............................................ 29.46
Cherokee, IA........................................... 29.03
Rockwell City, IA...................................... 31.26
Guthrie Center, IA..................................... 34.71
Bedford, IA............................................ 36.35
----------------
Average............................................ 32.16
------------------------------------------------------------------------
South of Proposed AVA
------------------------------------------------------------------------
Amity, MO.............................................. 36.35
St. Joseph, MO......................................... 35.24
----------------
Average............................................ 35.79
------------------------------------------------------------------------
West of Proposed AVA
------------------------------------------------------------------------
Wayne, NE.............................................. 26.35
West Point, NE......................................... 29.18
Fremont, NE............................................ 29.29
Ashland, NE............................................ 28.50
Tecumseh, NE........................................... 31.79
----------------
Average............................................ 29.02
------------------------------------------------------------------------
[[Page 34861]]
The average annual precipitation amounts within the proposed Loess
Hills District AVA are higher than the regions to the north and west,
and lower than the regions to the east and south. The rainfall amounts
within the proposed AVA provide sufficient moisture for the vines, and
irrigation is seldom necessary. However, the relatively high rainfall
amounts increase the risk of erosion within the proposed AVA, due to
the nature of the loess soils. As a result, vineyards on steep
hillsides are often planted in a north-south orientation to help hold
the soil in place and reduce erosion.
Summary of Distinguishing Features
In summary, the evidence provided in the petition indicates that
the geographic and climatic features of the proposed Loess Hills
District AVA distinguish it from the surrounding regions in each
direction. To the north, east, and south of the proposed AVA, the
topography is characterized by broadly undulating hills with shallower
slopes, and the depth of the loess is less than 20 feet. The regions to
the north and east also have shorter growing seasons with lower
accumulations of GDDs. To the south of the proposed AVA, the growing
season is longer and accumulates more GDDs, and precipitation levels
are higher. The region to the west of the proposed AVA is characterized
by wide flood plains, alluvial soils, less rainfall, and a shorter
growing season with higher GDD accumulations.
TTB Determination
TTB concludes that the petition to establish the 12,897-square mile
Loess Hills District AVA merits consideration and public comment, as
invited in this proposed rule.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA in the proposed regulatory text published at the end of this
proposed rule.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name, at least 85
percent of the wine must be derived from grapes grown within the area
represented by that name, and the wine must meet the other conditions
listed in Sec. 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling with an AVA name and that name
appears in the brand name, then the label is not in compliance and the
bottler must change the brand name and obtain approval of a new label.
Similarly, if the AVA name appears in another reference on the label in
a misleading manner, the bottler would have to obtain approval of a new
label. Different rules apply if a wine has a brand name containing an
AVA name that was used as a brand name on a label approved before July
7, 1986. See Sec. 4.39(i)(2) of the TTB regulations (27 CFR
4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Loess Hills
District,'' will be recognized as a name of viticultural significance
under Sec. 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The
text of the proposed regulation clarifies this point. Consequently, if
this proposed rule is adopted as a final rule, wine bottlers using the
name ``Loess Hills District'' in a brand name, including a trademark,
or in another label reference as to the origin of the wine, would have
to ensure that the product is eligible to use the AVA name as an
appellation of origin. TTB is not proposing ``Loess Hills,'' standing
alone, as a term of viticultural significance if the proposed AVA is
established, in order to avoid a potential conflict with a current
label holder. Accordingly, the proposed part 9 regulatory text set
forth in this document specifies only the full name ``Loess Hills
District'' as a term of viticultural significance for purposes of part
4 of the TTB regulations.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed AVA. TTB is also interested in
receiving comments on the sufficiency and accuracy of the name,
boundary, soils, climate, and other required information submitted in
support of the petition. Please provide any available specific
information in support of your comments.
Because of the potential impact of the establishment of the
proposed Loess Hills District AVA on wine labels that include the term
``Loess Hills District,'' as discussed above under Impact on Current
Wine Labels, TTB is particularly interested in comments regarding
whether there will be a conflict between the proposed area name and
currently used brand names. If a commenter believes that a conflict
will arise, the comment should describe the nature of that conflict,
including any anticipated negative economic impact that approval of the
proposed AVA will have on an existing viticultural enterprise. TTB is
also interested in receiving suggestions for ways to avoid conflicts,
for example, by adopting a modified or different name for the AVA.
Submitting Comments
You may submit comments on this proposed rule by using one of the
following three methods (please note that TTB has a new address for
comments submitted by U.S. Mail):
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this proposed rule within Docket No.
TTB-2015-0009 on ``Regulations.gov,'' the Federal e-rulemaking portal,
at https://www.regulations.gov. A direct link to that docket is
available under Notice No. 153 on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be
attached to comments submitted via Regulations.gov. For complete
instructions on how to use Regulations.gov, visit the site and click on
the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW., Suite 400, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
proposed rule. Your comments must reference Notice No. 153 and include
your name and mailing address. Your comments also must be made in
English, be legible, and be written in language acceptable for public
disclosure. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly indicate if you are commenting on
your own behalf or on behalf of an association, business, or other
entity. If you are commenting on behalf of an entity, your comment must
include the entity's name, as well as your name and position title. If
you comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
[[Page 34862]]
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this proposed rule,
selected supporting materials, and any online or mailed comments
received about this proposal within Docket No. TTB-2015-0009 on the
Federal e-rulemaking portal, Regulations.gov, at https://www.regulations.gov. A direct link to that docket is available on the
TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml under
Notice No. 153. You may also reach the relevant docket through the
Regulations.gov search page at https://www.regulations.gov. For
information on how to use Regulations.gov, click on the site's ``Help''
tab.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this proposed rule, all related
petitions, maps and other supporting materials, and any electronic or
mailed comments that TTB receives about this proposal by appointment at
the TTB Information Resource Center, 1310 G Street NW., Washington, DC
20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page.
Please note that TTB is unable to provide copies of USGS maps or any
similarly-sized documents that may be included as part of the AVA
petition. Contact TTB's information specialist at the above address or
by telephone at 202-453-2270 to schedule an appointment or to request
copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of an AVA name would be the result of a proprietor's
efforts and consumer acceptance of wines from that area. Therefore, no
regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this proposed rule.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.___ to read as follows:
Sec. 9.____ Loess Hills District.
(a) Name. The name of the viticultural area described in this
section is ``Loess Hills District''. For purposes of part 4 of this
chapter, ``Loess Hills District'' is a term of viticultural
significance.
(b) Approved maps. The 13 United States Geological Survey (USGS)
1:100,000 scale topographic maps used to determine the boundary of the
Loess Hills District viticultural area are titled:
(1) Rock Rapids, Iowa-South Dakota, 1985;
(2) Sioux City North, Iowa- South Dakota-Nebraska, 1986;
photoinspected 1990;
(3) Storm Lake, Iowa, 1985; photoinspected 1990;
(4) Ida Grove, Iowa, 1985; photoinspected 1990;
(5) Carroll, Iowa, 1993;
(6) Guthrie Center, Iowa, 1993;
(7) Creston, Iowa, 1993;
(8) Omaha, Nebraska-Iowa, 1985; photoinspected, 1990;
(9) Nebraska City, Nebraska-Iowa-Missouri, 1993;
(10) Falls City, Nebraska-Missouri, 1986; photoinspected 1991;
(11) Harlan, Iowa-Nebraska, 1980;
(12) Blair, Nebraska-Iowa, 1986; photoinspected 1988; and
(13) Sioux City South, Iowa-Nebraska South Dakota, 1986;
photoinspected 1990.
(c) Boundary. The Loess Hills District viticultural area is located
in Fremont, Page, Mills, Montgomery, Pottawattamie, Cass, Harrison,
Shelby, Audubon, Monona, Crawford, Carroll, Woodbury, Ida, Sac,
Plymouth, and Sioux Counties in western Iowa and Atchison and Holt
Counties in northwestern Missouri. The boundary of the Loess Hills
District viticultural area is as described below:
(1) The beginning point is on the Rock Rapids, Iowa-South Dakota
map, in Sioux County, Iowa, at the intersection of the Big Sioux River
and an unnamed road known locally as County Road B30 (360th Street),
east of Hudson, South Dakota. From the beginning point, proceed east on
County Road B30 approximately 3 miles to a road known locally as County
Road K22 (Coolidge Avenue); then
(2) Proceed south on County Road K22 approximately 3 miles to a
road known locally as County Road B40 (390th Street); then
(3) Proceed east on County Road B40 approximately 4 miles to a road
known locally as County Road K30 (Eagle Avenue); then
(4) Proceed south on County Road K30 approximately 13.1 miles,
crossing onto the Sioux City North, Iowa-South Dakota-Nebraska map and
continuing into Plymouth County, Iowa, to a road known locally as
County Road C12 (110th Street), at Craig, Iowa; then
(5) Proceed east on County Road C12 approximately 2 miles to a road
known locally as County Road K42 (Jade Avenue), at the marked 436-meter
elevation point; then
(6) Proceed south on County Road K42 approximately 10 miles to a
road known locally as County Road C38; then
(7) Proceed east on County Road C38 approximately 6.4 miles to a
road known locally as County Road K49 (7th Avenue SE), approximately 2
miles south of La Mars, Iowa; then
(8) Proceed south on County Road K49 approximately 4 miles to a
road known locally as County Road C44 (230th Street); then
(9) Proceed east on County Road C44 approximately 5 miles to a road
known locally as County Road K64 (Oyens Avenue); then
(10) Proceed south on County Road K64 approximately 4.1 miles to a
road known locally as County Road C60 (290th Street); then
[[Page 34863]]
(11) Proceed east on County Road C60 approximately 5 miles,
crossing onto the Storm Lake, Iowa map, to State Highway 140; then
(12) Proceed south on State Highway 140 approximately 3.2 miles to
a road known locally as County Road L14 (Knox Avenue) in Kingsley,
Iowa; then
(13) Proceed south on County Road L14 approximately 2.7 miles,
crossing into Woodbury County, Iowa, to a road known locally as County
Road D12 (110th Street); then
(14) Proceed east on County Road D12 approximately 5 miles to a
road known locally as County Road L25 (Minnesota Avenue) near Pierson,
Iowa; then
(15) Proceed south on County Road L25 approximately 4.5 miles,
crossing onto the Ida Grove, Iowa map, to U.S. Highway 20; then
(16) Proceed east on U.S. Highway 20 approximately 22.5 miles,
crossing into Ida County, Iowa, to a road known locally as County Road
M25 (Market Avenue); then
(17) Proceed south on County Road M25 approximately 9.8 miles to
State Highway 175 east of Ida Grove, Iowa; then
(18) Proceed east on State Highway 175 approximately 4.1 miles to a
road known locally as Country Highway M31 (Quail Avenue) near Arthur,
Iowa; then
(19) Proceed south on Country Highway M31 approximately 4.4 miles
to a road known locally as County Road D59 (300th Street); then
(20) Proceed east on County Road D59 approximately 13 miles,
crossing into Sac County, Iowa, to a road known locally as County Road
M64 (Needham Avenue/Center Street) at Wall Lake, Iowa; then
(21) Proceed south on County Road M64 approximately 6.2 miles to a
road known locally as County Road E16 (120th Street); then
(22) Proceed east into Carroll County, Iowa, on County Road E16
approximately 6 miles, crossing onto the Carroll, Iowa map, to Breda,
Iowa, and then continue east on State Highway 217 (East Main Street)
approximately 5 miles to U.S. Highway 71; then
(23) Proceed south on U.S. Highway 71 approximately 3 miles to a
road known locally as County Road E26 (140th Street); then
(24) Proceed east on County Road E26 approximately 5 miles to a
road known locally as County Road N38 (Quail Avenue); then
(25) Proceed south on County Road N38 approximately 5 miles to U.S.
Highway 30 (Lincoln Highway); then
(26) Proceed east on U.S. Highway 30 approximately 3 miles to a
road known locally as County Road N44 (Colorado Street) in Glidden,
Iowa; then
(27) Proceed south on County Road N44 approximately 8 miles,
crossing onto the Guthrie Center, Iowa map, to a road known locally as
County Road E57 (280th Street); then
(28) Proceed east on County Road E57 approximately 2 miles to a
road known locally as County Road N44 (Velvet Avenue); then
(29) Proceed south on County Road N44 approximately 5.4 miles to
State Highway 141 (330th Street) at Coon Rapids, Iowa; then
(30) Proceed west on State Highway 141 approximately 12 miles to
U.S. Highway 71 at Lynx Avenue southeast of Templeton, Iowa; then
(31) Proceed south on U.S. Highway 71 approximately 35.9 miles,
crossing into Audubon County, Iowa, and then Cass County, Iowa, and
onto the Creston, Iowa map, to U.S. Highway 6/State Highway 83 east of
Atlantic, Iowa; then
(32) Proceed west, then southwest, then west on U.S. Highway 6
approximately 18.9 miles, crossing onto the Omaha, Nebraska-Iowa map
and into Pottawattamie County, Iowa, to a road known locally as County
Road M47 (500th Street) approximately 1 mile west of Walnut Creek; then
(33) Proceed south on County Road M47 approximately 12 miles,
crossing into Montgomery County, Iowa to a road known locally as County
Road H12 (110th Street); then
(34) Proceed west on County Road H12 approximately 8.9 miles,
crossing into Mills County, Iowa, to U.S. Highway 59; then
(35) Proceed south on U.S. Highway 59 approximately 20.2 miles,
crossing onto the Nebraska City, Nebraska-Iowa-Missouri map and into
Page County, Iowa, to a road known locally as County Road J14 (130th
Street); then
(36) Proceed east on County Road J14 approximately 4 miles to a
road known locally as County Road M41 (D Avenue); then
(37) Proceed south on County Road M41 approximately 1.7 miles to
State Highway 48 at Essex, Iowa; then
(38) Proceed northeast then east on State Highway 48 approximately
1.2 miles to a road known locally as County Road M41 (E Avenue); then
(39) Proceed south on County Road M41 approximately 7 miles to
State Highway 2 (210th Street); then
(40) Proceed east on State Highway 2 approximately 8 miles to a
road known locally as M Avenue; then
(41) Proceed south on M Avenue, then east on a road known locally
as County Road M60 (Maple Avenue), approximately 6.4 total miles, to a
road known locally as County Road J52 (270th Street); then
(42) Proceed south in a straight line approximately 3.5 miles to
the intersection of 304th Street and Maple Avenue (approximately 1.2
mile southwest of College Springs, Iowa), and then continue south on
Maple Avenue for 0.5 mile to a road known locally as County Road J64
(310th Street); then
(43) Proceed west on County Road J64 approximately 4.5 miles to a
road known locally as County Road M48 (Hackberry Avenue); then
(44) Proceed south on County Road M48 approximately 1.2 miles to
the Iowa-Missouri State line at Blanchard, Iowa, and, crossing into
Atchison County, Missouri, where County Road M48 becomes State Road M,
and continue generally south on State Road M approximately 11.2 miles,
crossing onto the Falls City, Nebraska-Missouri map, to U.S. Highway
136; then
(45) Proceed west on U.S. Highway 136 approximately 1 mile to State
Road N; then
(46) Proceed south on State Road N 15 miles, crossing into Holt
County, Missouri, to State Road C; then
(47) Proceed west then south on State Road C approximately 3 miles
to U.S. Highway 59; then
(48) Proceed northwest on U.S. Highway 59 approximately 2 miles to
the highway's first intersection with Interstate Highway 29 near Craig,
Missouri; then
(49) Proceed generally north along Interstate Highway 29, crossing
into Atchison County, Missouri, and onto the Nebraska City, Nebraska-
Iowa-Missouri map, and continuing into Freemont County and Mills
County, Iowa, then crossing onto the Omaha, Nebraska-Iowa map and into
Pottawattamie County, Iowa; then crossing onto the Harlan, Iowa-
Nebraska map and into Harrison County, Iowa; then continuing onto the
Blair, Nebraska-Iowa map and into Monona County, Iowa; then crossing
onto the Sioux City South, Iowa-Nebraska-South Dakota Map and into
Woodbury County for a total of approximately 185 miles, to the
intersection of Interstate Highway 29 with the Big Sioux River at Sioux
City, Iowa; then
(50) Proceed generally north (upstream) along the meandering Big
Sioux River, crossing onto the Sioux City North, Iowa-South Dakota-
Nebraska map and into Plymouth County and Sioux County, Iowa, and
continuing onto the Rock Rapids, Iowa-South Dakota map for a total of
approximately 50 miles, returning to the beginning point.
[[Page 34864]]
Signed: June 11, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-15037 Filed 6-17-15; 8:45 am]
BILLING CODE 4810-31-P
