Proposed Establishment of the Champlain Valley of New York Viticultural Area, 38147-38152 [2015-16343]

Download as PDF Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Proposed Rules 38147 VI. Environmental Impact The Agency has determined under 21 CFR 25.30(h) that this action is of a type that does not individually or cumulatively have a significant adverse effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required. 360f, 360h–360j, 371, 374, 379e, 381; 42 U.S.C. 216, 241, 262, 263, 264; sec 122, Pub. L. 105–115, 111 Stat. 2322 (21 U.S.C. 355 note). VII. Federalism FDA has analyzed this proposed rule in accordance with the principles set forth in Executive Order 13132. FDA has determined that the proposed rule, if finalized, would not contain policies that would have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Accordingly, the Agency tentatively concludes that the proposed rule does not contain policies that have federalism implications as defined in the Executive Order and, consequently, a federalism summary impact statement is not required. Dated: June 26, 2015. Leslie Kux, Associate Commissioner for Policy. 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 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: [FR Doc. 2015–16367 Filed 7–1–15; 8:45 am] Background on Viticultural Areas VIII. Paperwork Reduction Act of 1995 FDA tentatively concludes that this proposed rule contains no collection of information. Therefore, clearance by OMB under the Paperwork Reduction Act of 1995 is not required. asabaliauskas on DSK5VPTVN1PROD with PROPOSALS IX. Comments Interested persons may submit either electronic comments regarding this document to https://www.regulations.gov or written comments to the Division of Dockets Management (see ADDRESSES). It is only necessary to send one set of comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at https:// www.regulations.gov. List of Subjects in 21 CFR Part 601 Administrative practice and procedure, Biologics, Confidential business information. Therefore, under the FD&C Act, the PHS Act, and under authority delegated to the Commissioner of Food and Drugs, it is proposed that 21 CFR part 601 be amended as follows: PART 601—LICENSING 1. The authority citation for 21 CFR part 601 continues to read as follows: ■ Authority: 15 U.S.C. 1451–1561; 21 U.S.C. 321, 351, 352, 353, 355, 356b, 360, 360c– VerDate Sep<11>2014 21:02 Jul 01, 2015 Jkt 235001 § 601.25 ■ § 601.26 ■ [Removed] 2. Remove § 601.25. [Removed] 3. Remove § 601.26. BILLING CODE 4164–01–P DEPARTMENT OF THE TREASURY Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9 [Docket No. TTB–2015–0010; Notice No. 154] RIN 1513–AC19 Proposed Establishment of the Champlain Valley of New York 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 ‘‘Champlain Valley of New York’’ viticultural area in Clinton and Essex Counties, New York. The proposed viticultural area does not lie within or contain any 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 31, 2015. ADDRESSES: Please send your comments on this notice to one of the following addresses: • Internet: https://www.regulations.gov (via the online comment form for this notice as posted within Docket No. TTB–2015–0010 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 notice for specific instructions and SUMMARY: PO 00000 Frm 00129 Fmt 4702 Sfmt 4702 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 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 to TTB of petitions for the establishment or modification of American viticultural areas (AVAs) and lists the approved American viticultural areas. Definition Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) defines a viticultural area for American wine as a delimited grape-growing region 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 E:\FR\FM\02JYP1.SGM 02JYP1 38148 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Proposed Rules 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. asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Requirements Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2)) outlines the procedure for proposing an AVA and provides that any interested party may petition TTB to establish a grapegrowing region as a viticultural area. 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 viticultural area 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 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. Champlain Valley of New York Petition TTB received a petition from Colin Read, owner of North Star Vineyard, on behalf of the Lake Champlain Grape Growers Association, proposing the establishment of the ‘‘Champlain Valley of New York’’ AVA. The proposed AVA is located within a long, narrow valley on the western shore of Lake Champlain and is approximately 82 miles long and approximately 20 miles wide at its widest point. The proposed AVA encompasses approximately 500 square miles and has 6 bonded wineries, as well as 11 commercial vineyards covering a total of approximately 15.47 acres distributed throughout the proposed AVA. The petition notes that there are an additional 63 acres of vineyards planned for planting within the proposed AVA in the next few years. According to the petition, the distinguishing feature of the proposed VerDate Sep<11>2014 21:02 Jul 01, 2015 Jkt 235001 Champlain Valley of New York AVA is its short growing season, which is conducive to growing cold-hardy North American hybrid varieties of grapes (such as Frontenac, La Crescent, and Marquette) but not Vitis vinifera (V. vinifera) grapes. The petition also included descriptions of the precipitation, topography, soils, and geology of the proposed AVA. However, the petition did not discuss the viticultural significance of these features or provide data from the surrounding regions for contrast. Therefore, TTB does not consider them to be distinguishing features of the proposed AVA, and they are not discussed in this proposed rule. Unless otherwise noted, all information and data pertaining to the proposed AVA contained in this document are from the petition for the proposed Champlain Valley of New York AVA and its supporting exhibits. Name Evidence The proposed Champlain Valley of New York AVA derives its name from Lake Champlain, which lies on the border between New York and the State of Vermont and extends north into the Canadian Province of Quebec. According to the petition, the long, narrow valley surrounding the lake has been known as the Champlain Valley since the region was explored and settled by French and English explorers. Because the name ‘‘Champlain Valley’’ also applies to the portions of the valley that are in Vermont and Canada, the petitioner proposed the name ‘‘Champlain Valley of New York’’ to more accurately describe the location of the proposed AVA. Federal and State agencies and departments currently refer to the region of the proposed AVA as the ‘‘Champlain Valley.’’ In 2005, Congress designated Lake Champlain and Lake George, which is immediately to the south of Lake Champlain, as a single National Heritage Area formally known as the Champlain Valley National Heritage Partnership (CVNHP). The purpose of the CVNHP is ‘‘to promote the Champlain Valley’s natural and cultural treasures.’’ 1 The Champlain Valley International Wine Trail was created in 2012 as part of the CVNHP to promote the wineries and vineyards along the lake in Canada, New York, and Vermont and allows visitors ‘‘to learn about the tremendous offering of vineyards and wineries in the unique terroir of the Champlain Valley.’’ 2 The USDA soil survey for Clinton and Essex Counties, 1 www.champlainvalleynhp.org/index.htm. 2 www.lcbp.org/2012/11/champlain-internationalwine-trail-announced. PO 00000 Frm 00130 Fmt 4702 Sfmt 4702 where the proposed AVA is located, designates the region of the proposed AVA as ‘‘Champlain Valley.’’ Finally, the Essex County Public Health Department published a map of hiking trails and recreational areas in the region of the proposed AVA titled ‘‘The Adirondack Park: Champlain Valley Region.’’ The petition also included names of businesses and organizations throughout the proposed AVA that include ‘‘Champlain Valley’’ in their names. Examples from Plattsburg, located at the northern end of the proposed AVA, include the Champlain Valley Transportation Museum, Champlain Valley Physicians Hospital, and Champlain Valley Educational Services. Examples from Ticonderoga, at the southern end of the proposed AVA, include Champlain Valley Heating and Plumbing, Champlain Valley Chiropractic Service, and the Champlain Valley Services landscaping company. Boundary Evidence The proposed Champlain Valley of New York AVA consists of a long, narrow, relatively flat valley located along the western shore of Lake Champlain in Clinton and Essex Counties, New York. The north-south oriented valley roughly corresponds to the region of New York that was once covered by Lake Vermont, an ancient glacial lake that covered the region approximately 12,000 years ago and was a precursor to Lake Champlain. The proposed AVA encompasses approximately 500 square miles. It stretches approximately 82 miles from the U.S.-Canada border to Ticonderoga, New York, at the southern tip of Lake Champlain. The width of the proposed AVA ranges from approximately 20 miles across at it widest point, which is along the U.S.-Canada border, to less than 5 miles wide at its narrowest point, which is the land between State Highway 22 and the shore of Lake Champlain south of Port Henry, New York. The northern boundary of the proposed Champlain Valley of New York AVA follows the U.S.-Canada border. The eastern boundary follows the western shoreline of Lake Champlain. To the east of both Lake Champlain and the proposed AVA is the Vermont side of the Champlain Valley, which has physical features similar to those of the New York side, but has a longer growing season. The southern boundary of the proposed AVA follows the Champlain-Hudson Divide, which separates the Champlain Valley from the Hudson River Valley. The western E:\FR\FM\02JYP1.SGM 02JYP1 38149 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Proposed Rules boundary follows a series of creeks and roads and separates the valley of the proposed AVA from the foothills of the Adirondack Mountains. Distinguishing Feature The distinguishing feature of the proposed Champlain Valley of New York AVA is a short growing season that is suitable for growing North American hybrid varieties of grapes but is too short for reliable cultivation of V. vinifera grapes. Although the proposed AVA extends approximately 82 miles from the U.S.-Canada border to the southern tip of Lake Champlain, temperatures within the proposed AVA are relatively uniform. The following table, derived from data included in the petition, lists the monthly maximum, minimum, and mean temperatures for four communities within the proposed AVA: Ticonderoga, located at the southernmost point of the proposed AVA; Peru, located approximately 50 miles north of Ticonderoga, in the middle of the proposed AVA; Plattsburgh, located approximately 10 miles north of Peru; and Chazy, located approximately 14 miles north of Plattsburgh and approximately 8 miles south of the U.S.-Canada border. AVERAGE DAILY MAXIMUM, MINIMUM, AND MEAN TEMPERATURES (DEGREES FAHRENHEIT) WITHIN PROPOSED AVA 3 Month Location Jan. Feb. Mar. Apr. May June July Aug. Sep. Oct. Nov. Dec. Ticonderoga Maximum ........... Minimum ............ Mean ................. 29.5 10 19.8 29.3 8.8 19 40.8 22.4 31.6 53.5 33.6 43.6 68 46 57 75.7 54.5 65.1 82.1 61 71.5 78.2 57.9 68 72 50.8 61.4 59.2 40 49.6 44.7 29.5 37.2 32.7 15.9 24.2 77.4 53.2 65.2 81.8 57.7 69.7 79.6 55.6 67.6 71 47.7 59.3 59.1 37.2 48.1 45.8 28.1 36.9 32.7 15 23.9 76.7 54.2 65.4 81.4 59.4 70.4 78.4 57.3 67.8 70.4 49.9 60.2 58.8 39.1 49 45 29.5 37.2 32.2 15.5 23.9 76.3 53.7 64.9 80.9 58.9 69.9 78.7 56.6 67.7 70.3 48.7 59.5 58.3 38.6 48.4 44.6 28.6 36.6 31.3 14.3 22.8 Peru Maximum ........... Minimum ............ Mean ................. 28.1 7.9 18 31.1 10.2 20.7 40.9 20.6 30.7 55.1 32.5 43.8 68.3 43.5 55.9 Plattsburgh Maximum ........... Minimum ............ Mean ................. 27.9 9 18.5 29.1 9.4 19.2 39.8 21.1 30.4 54.1 34 44 67.2 44.5 55.9 Chazy Maximum ........... Minimum ............ Mean ................. 26.9 7.1 17 28.4 8 18.1 39 19.8 29.4 Because of the cool climate, the proposed AVA has a shorter growing season when compared to most of the surrounding regions. The following table, which was derived from information included in the petition, compares the probability of the last spring frost and the first fall frost within the proposed AVA and the surrounding regions. Peru, New York, was chosen as 54 33 43.5 67.5 44.1 55.8 the representative location within the proposed AVA because of its central location. The two locations east of the proposed AVA are both located in Vermont: South Hero, which is located on Grand Isle in the middle of Lake Champlain, and Burlington, which is located on the eastern shore of Lake Champlain southeast of South Hero. Whitehall, New York, is located south of the proposed AVA, in the Hudson River Valley. Lake Placid is located approximately 40 miles west of Peru, within the Adirondack Mountains. Comparison data was not provided for the region to the north of the proposed AVA because the land is within Canada and is therefore ineligible for inclusion within an AVA. COMPARISON OF ANNUAL FROST PROBABILITIES 4 Last spring frost date 5 First fall frost date 6 Peru, NY (within) ....................................................................... Whitehall, NY (south) ................................................................ Lake Placid, NY (west) ............................................................. South Hero, VT (east) ............................................................... Burlington, VT airport (east) ..................................................... asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Location (direction from proposed AVA) May 25 .................................... May 11 .................................... June 22 ................................... May 9 ...................................... April 26 .................................... September 21 ......................... September 24 ......................... August 30 ................................ September 27 ......................... September 23 ......................... 3 Source: National Climate Data Center, https:// cdo.ncdc.noaa.gov/climatenormals/clim20/ny. Data is from monthly climate normals gathered by the National Oceanic and Atmospheric Administration from 1971–2000. Climate normal are gathered in 30year increments. At the time the petition was submitted, the 1971–2000 climate normal was the most recent climate normal available for the region. VerDate Sep<11>2014 21:02 Jul 01, 2015 Jkt 235001 4 Sources: 1971–2000 climate normal from https://cdo.ncdc.noaa.gov/climatenormals/ clim20supp1/states/VT.pdf and https:// cdo.ncdc.noaa.gov/climatenormals/clim20supp1/ states/NY.pdf. The baseline temperature for frost is considered to be 32 degrees Fahrenheit. PO 00000 Frm 00131 Fmt 4702 Sfmt 4702 Growing season length (days) 7 159 173 116 183 164 5 The date at which there is a 10 percent probability of the last spring frost occurring later. 6 The date at which there is a 10 percent probability of the first fall frost occurring earlier. 7 The probability level that the growing season will be longer is 10 percent. E:\FR\FM\02JYP1.SGM 02JYP1 38150 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Proposed Rules asabaliauskas on DSK5VPTVN1PROD with PROPOSALS The data shows that the proposed AVA has a later last-frost date, an earlier first-frost date, and a shorter growing season than the surrounding regions to the north, east, and south. The region east of the proposed AVA has a longer growing season due to the presence of Lake Champlain. According to the petition, as air moves eastward over the lake, it warms and increases in humidity. The warm, humid air reduces the risk of frost and contributes to a longer growing season on the Vermont side of the lake. Even though the lake is narrow, its moderating effect on surrounding temperatures is significant. The petition notes that South Hero, located on an island in Lake Champlain, is only one mile east of Peru, yet its growing season is almost 4 weeks longer than that of the proposed AVA. The region to the south of the proposed Champlain Valley of New York AVA also has a longer growing season. The growing season in Whitehall, within the Hudson River Valley, is two weeks longer than that of the proposed AVA. The petition attributes the longer growing season to the warm, moist winds that flow upward along the Hudson River and the Mohawk Valley. These winds are blocked from entering the proposed AVA by the Champlain-Hudson Divide, which is the slight ridge that separates the two valley systems. To the west of the proposed AVA, in Lake Placid within the Adirondack Mountains, the higher elevations bring colder temperatures and a growing season that is much shorter than that of the proposed AVA. According to the petition, the growing season within the Adirondack Mountains is too short for the commercial cultivation of grapes. Because of the short growing season within the proposed Champlain Valley of New York AVA, V. vinifera grapes do not ripen reliably, so vineyard owners primarily grow cold-hardy North American hybrids. By contrast, V. vinifera grapes are commonly grown in the Vermont portion of the Champlain Valley, in the Hudson River Valley, and in the Upper Mohawk Valley near Lake Ontario. TTB Determination TTB concludes that the petition to establish the Champlain Valley of New York viticultural area merits consideration and public comment, as invited in this notice of proposed rulemaking. Boundary Description See the narrative description of the boundary of the petitioned-for viticultural area in the proposed VerDate Sep<11>2014 21:02 Jul 01, 2015 Jkt 235001 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 a viticultural area 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 § 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)). If the wine is not eligible for labeling with a viticultural area 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 viticultural area 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 a viticultural area 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 viticultural area, its name, ‘‘Champlain Valley of New York,’’ 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, wine bottlers using the name ‘‘Champlain Valley of New York’’ 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 viticultural name as an appellation of origin if this proposed rule is adopted as a final rule. TTB does not believe that ‘‘Champlain Valley,’’ standing alone, should have viticultural significance if the proposed viticultural area is established, due to the fact that the feature known as the Champlain Valley extends into Vermont. Accordingly, the proposed part 9 regulatory text set forth in this document specifies only the full name ‘‘Champlain Valley of New York’’ as a term of viticultural significance for purposes of part 4 of the TTB regulations. PO 00000 Frm 00132 Fmt 4702 Sfmt 4702 Public Participation Comments Invited TTB invites comments from interested members of the public on whether it should establish the proposed viticultural area. 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 Champlain Valley of New York AVA on wine labels that include the term ‘‘Champlain Valley of New York’’ 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 viticultural area 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 viticultural area. Submitting Comments You may submit comments on this notice by using one of the following three methods: • Federal e-Rulemaking Portal: You may send comments via the online comment form posted with this notice within Docket No. TTB–2015–0010 on ‘‘Regulations.gov,’’ the Federal erulemaking portal, at https:// www.regulations.gov. A direct link to that docket is available under Notice No. 154 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. E:\FR\FM\02JYP1.SGM 02JYP1 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Proposed Rules asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Please submit your comments by the closing date shown above in this notice. Your comments must reference Notice No. 154 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. 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. 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 notice, selected supporting materials, and any online or mailed comments received about this proposal within Docket No. TTB–2015– 0010 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. 154. 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 notice, all related petitions, maps and other supporting materials, and any electronic or mailed comments that TTB receives about this proposal by VerDate Sep<11>2014 21:02 Jul 01, 2015 Jkt 235001 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 other 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 a viticultural area 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. 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 § 9.2llto read as follows: ■ § 9. Champlain Valley of New York. (a) Name. The name of the viticultural area described in this section is ‘‘Champlain Valley of New York’’. For purposes of part 4 of this chapter, ‘‘Champlain Valley of New York’’ is a term of viticultural significance. PO 00000 Frm 00133 Fmt 4702 Sfmt 4702 38151 (b) Approved maps. The two United States Geological Survey (USGS) 1:100,000 scale topographic maps used to determine the boundary of the Champlain Valley of New York viticultural area are titled: (1) Lake Champlain, N.Y.; VT.; N.H.; U.S.; CAN., 1962; revised (U.S. area) 1972; and (2) Glens Falls, N.Y.; VT.; N.H., 1956; revised 1972. (c) Boundary. The Champlain Valley of New York viticultural area is located in Clinton and Essex Counties, New York. The boundary of the Champlain Valley of New York viticultural area is as described below: (1) The beginning point is found on the Lake Champlain map at the intersection of the western shore of Lake Champlain and the U.S.–Canada border, just north of the town of Rouses Point. (2) From the beginning point, proceed south along the western shore of Lake Champlain approximately 109.4 miles, crossing onto the Glens Falls map, to a road marked on the map as State Route 73 (now known as State Route 74) and known locally as Fort Ti Road, at the Fort Ticonderoga–Larrabees Point Ferry landing; then (3) Proceed west along State Route 73 (State Route 74/Fort Ti Road) approximately 1.6 miles to State Route 22; then (4) Proceed north along State Route 22 approximately 21 miles, crossing onto the Lake Champlain map and passing through the town of Port Henry, to an unnamed light-duty road known locally as County Road 44 (Stevenson Road); then (5) Proceed north along County Road 44 (Stevenson Road) approximately 5.8 miles to a railroad track; then (6) Proceed northerly along the railroad track approximately 1.6 miles to State Route 9N, west of the town of Westport; then (7) Proceed westerly along State Route 9N approximately 4.1 miles to Interstate 87; then (8) Proceed north along Interstate 87 approximately 21 miles to the Ausable River, southwest of the town of Keeseville; then (9) Proceed west (upstream) along the Ausable River approximately 6 miles to a bridge connecting two unnamed lightduty roads known locally as Burke Road and Lower Road in the town of Clintonville, and proceed north along the bridge to Lower Road; then (10) Proceed west along Lower Road approximately 0.6 mile to State Route 9N; then (11) Proceed west along State Route 9N approximately 0.8 mile to an unnamed light-duty road known locally E:\FR\FM\02JYP1.SGM 02JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 38152 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Proposed Rules as County Route 39 (Clintonville Road); then (12) Proceed north along County Route 39 (Clintonville Road) approximately 1.5 miles to the second crossing of the Little Ausable River, west of Cook Mountain; then (13) Proceed northeast along the Little Ausable River approximately 3.5 miles to the confluence of the river with Furnace Brook, near the town of Harkness; then (14) Proceed west along Furnace Brook approximately 0.17 mile to an unnamed light-duty road known locally as County Route 40 (Calkins Road); then (15) Proceed north along County Route 40 (Calkins Road) approximately 5.8 miles to an unnamed light-duty road known locally as County Route 35 (Peasleeville Road), south of an unnamed creek known locally as Arnold Brook; then (16) Proceed west along County Route 35 (Peasleeville Road) approximately 0.1 mile to an unnamed light-duty road known locally as Connors Road; then (17) Proceed north along Connors Road approximately 2.1 miles, crossing the Salmon River, to an unnamed lightduty road known locally as County Route 33 (Norrisville Road); then (18) Proceed west along County Route 33 (Norrisville Road) approximately 1.2 miles to an unnamed light-duty road known locally as Shingle Street; then (19) Proceed north along Shingle Street approximately 4 miles to an unnamed light-duty road known locally as County Route 31 (Rabideau Street); then (20) Proceed west along County Route 31 (Rabideau Street) approximately 0.4 mile to an unnamed light-duty road known locally as Goddeau Street; then (21) Proceed north along Goddeau Street approximately 0.9 mile, crossing the Saranac River, to State Route 3 just east of the town of Cadyville; then (22) Proceed east along State Route 3 approximately 0.5 mile to an unnamed light-duty road known locally as Akey Road; then (23) Proceed north on Akey Road approximately 0.2 mile to State Route 374; then (24) Proceed east along State Route 374 approximately 3.6 miles to State Route 190, also known locally as Military Turnpike; then (25) Proceed northwest along State Route 190 (Military Turnpike) approximately 15.2 miles to an unnamed light-duty road just east of Park Brook known locally as County Route 12 (Alder Bend Road), northwest of Miner Lake State Park; then (26) Proceed north along County Route 12 (Alder Bend Road) VerDate Sep<11>2014 21:02 Jul 01, 2015 Jkt 235001 approximately 3 miles to U.S. Highway 11; then (27) Proceed west along U.S. Highway 11 approximately 1.7 miles to an unnamed light-duty road known locally as County Route 10 (Cannon Corners Road); then (28) Proceed north along County Route 10 (Cannon Corners Road) approximately 6 miles to the U.S.– Canada border; then (29) Proceed east along the U.S.– Canada border approximately 19.8 miles, returning to the beginning point. Dated: June 24, 2015. John J. Manfreda, Administrator. [FR Doc. 2015–16343 Filed 7–1–15; 8:45 am] BILLING CODE 4810–31–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2015–0247; FRL–9929–83– Region 4] Approval and Promulgation of Implementation Plans; Mississippi; Memphis, TN–AR–MS Emissions Inventory for the 2008 8-Hour Ozone Standard Environmental Protection Agency. ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve the portion of the state implementation plan revision submitted by the State of Mississippi, through the Mississippi Department of Environmental Quality, on January 14, 2015, that addresses the base year emissions inventory requirements for the State’s portion of the Memphis, Tennessee-MississippiArkansas (Memphis, TN–AR–MS) 2008 8-hour ozone national ambient air quality standards (NAAQS) nonattainment area. A base year emissions inventory is required for all ozone nonattainment areas. The Memphis 2008 8-hour ozone NAAQS marginal nonattainment area is comprised of Shelby County in Tennessee, Crittenden County in Arkansas, and a portion of DeSoto County in Mississippi. EPA will take action on the emissions inventories for the Tennessee and Arkansas portions of the Area in separate actions. In the Final Rules section of this Federal Register, EPA is approving the State’s implementation plan revision as a direct final rule without prior proposal because the Agency views this as a SUMMARY: PO 00000 Frm 00134 Fmt 4702 Sfmt 4702 noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. DATES: Written comments must be received on or before August 3, 2015. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2015–0247 by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: R4–ARMS@epa.gov 3. Fax: (404) 562–9019. 4. Mail: ‘‘EPA–R04–OAR–2015– 0247,’’ Air Regulatory Management Section (formerly the Regulatory Development Section), Air Planning and Implementation Branch (formerly the Air Planning Branch), Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. 5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Please see the direct final rule which is located in the Rules section of this Federal Register for detailed instructions on how to submit comments. FOR FURTHER INFORMATION CONTACT: Tiereny Bell, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Ms. Bell can be reached at (404) 562–9088 and via electronic mail at bell.tiereny@ epa.gov. For additional information see the direct final rule which is published in the Rules section of this Federal Register. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a SUPPLEMENTARY INFORMATION: E:\FR\FM\02JYP1.SGM 02JYP1

Agencies

[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Proposed Rules]
[Pages 38147-38152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16343]

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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2015-0010; Notice No. 154]
RIN 1513-AC19

Proposed Establishment of the Champlain Valley of New York
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 ``Champlain Valley of New York'' viticultural area in
Clinton and Essex Counties, New York. The proposed viticultural area
does not lie within or contain any 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 31, 2015.

ADDRESSES: Please send your comments on this notice to one of the
following addresses:
Internet: https://www.regulations.gov (via the online
comment form for this notice as posted within Docket No. TTB-2015-0010
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 notice 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
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 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 to TTB of
petitions for the establishment or modification of American
viticultural areas (AVAs) and lists the approved American viticultural
areas.

Definition

Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region 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

[[Page 38148]]

establishment of AVAs allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of an AVA is neither an approval
nor an endorsement by TTB of the wine produced in that area.

Requirements

Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. 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 viticultural area 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 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.

Champlain Valley of New York Petition

TTB received a petition from Colin Read, owner of North Star
Vineyard, on behalf of the Lake Champlain Grape Growers Association,
proposing the establishment of the ``Champlain Valley of New York''
AVA. The proposed AVA is located within a long, narrow valley on the
western shore of Lake Champlain and is approximately 82 miles long and
approximately 20 miles wide at its widest point. The proposed AVA
encompasses approximately 500 square miles and has 6 bonded wineries,
as well as 11 commercial vineyards covering a total of approximately
15.47 acres distributed throughout the proposed AVA. The petition notes
that there are an additional 63 acres of vineyards planned for planting
within the proposed AVA in the next few years.
According to the petition, the distinguishing feature of the
proposed Champlain Valley of New York AVA is its short growing season,
which is conducive to growing cold-hardy North American hybrid
varieties of grapes (such as Frontenac, La Crescent, and Marquette) but
not Vitis vinifera (V. vinifera) grapes. The petition also included
descriptions of the precipitation, topography, soils, and geology of
the proposed AVA. However, the petition did not discuss the
viticultural significance of these features or provide data from the
surrounding regions for contrast. Therefore, TTB does not consider them
to be distinguishing features of the proposed AVA, and they are not
discussed in this proposed rule. Unless otherwise noted, all
information and data pertaining to the proposed AVA contained in this
document are from the petition for the proposed Champlain Valley of New
York AVA and its supporting exhibits.

Name Evidence

The proposed Champlain Valley of New York AVA derives its name from
Lake Champlain, which lies on the border between New York and the State
of Vermont and extends north into the Canadian Province of Quebec.
According to the petition, the long, narrow valley surrounding the lake
has been known as the Champlain Valley since the region was explored
and settled by French and English explorers. Because the name
``Champlain Valley'' also applies to the portions of the valley that
are in Vermont and Canada, the petitioner proposed the name ``Champlain
Valley of New York'' to more accurately describe the location of the
proposed AVA.
Federal and State agencies and departments currently refer to the
region of the proposed AVA as the ``Champlain Valley.'' In 2005,
Congress designated Lake Champlain and Lake George, which is
immediately to the south of Lake Champlain, as a single National
Heritage Area formally known as the Champlain Valley National Heritage
Partnership (CVNHP). The purpose of the CVNHP is ``to promote the
Champlain Valley's natural and cultural treasures.'' \1\ The Champlain
Valley International Wine Trail was created in 2012 as part of the
CVNHP to promote the wineries and vineyards along the lake in Canada,
New York, and Vermont and allows visitors ``to learn about the
tremendous offering of vineyards and wineries in the unique terroir of
the Champlain Valley.'' \2\ The USDA soil survey for Clinton and Essex
Counties, where the proposed AVA is located, designates the region of
the proposed AVA as ``Champlain Valley.'' Finally, the Essex County
Public Health Department published a map of hiking trails and
recreational areas in the region of the proposed AVA titled ``The
Adirondack Park: Champlain Valley Region.''
---------------------------------------------------------------------------

\1\ www.champlainvalleynhp.org/index.htm.
\2\ www.lcbp.org/2012/11/champlain-international-wine-trail-announced.
---------------------------------------------------------------------------

The petition also included names of businesses and organizations
throughout the proposed AVA that include ``Champlain Valley'' in their
names. Examples from Plattsburg, located at the northern end of the
proposed AVA, include the Champlain Valley Transportation Museum,
Champlain Valley Physicians Hospital, and Champlain Valley Educational
Services. Examples from Ticonderoga, at the southern end of the
proposed AVA, include Champlain Valley Heating and Plumbing, Champlain
Valley Chiropractic Service, and the Champlain Valley Services
landscaping company.

Boundary Evidence

The proposed Champlain Valley of New York AVA consists of a long,
narrow, relatively flat valley located along the western shore of Lake
Champlain in Clinton and Essex Counties, New York. The north-south
oriented valley roughly corresponds to the region of New York that was
once covered by Lake Vermont, an ancient glacial lake that covered the
region approximately 12,000 years ago and was a precursor to Lake
Champlain. The proposed AVA encompasses approximately 500 square miles.
It stretches approximately 82 miles from the U.S.-Canada border to
Ticonderoga, New York, at the southern tip of Lake Champlain. The width
of the proposed AVA ranges from approximately 20 miles across at it
widest point, which is along the U.S.-Canada border, to less than 5
miles wide at its narrowest point, which is the land between State
Highway 22 and the shore of Lake Champlain south of Port Henry, New
York.
The northern boundary of the proposed Champlain Valley of New York
AVA follows the U.S.-Canada border. The eastern boundary follows the
western shoreline of Lake Champlain. To the east of both Lake Champlain
and the proposed AVA is the Vermont side of the Champlain Valley, which
has physical features similar to those of the New York side, but has a
longer growing season. The southern boundary of the proposed AVA
follows the Champlain-Hudson Divide, which separates the Champlain
Valley from the Hudson River Valley. The western

[[Page 38149]]

boundary follows a series of creeks and roads and separates the valley
of the proposed AVA from the foothills of the Adirondack Mountains.

Distinguishing Feature

The distinguishing feature of the proposed Champlain Valley of New
York AVA is a short growing season that is suitable for growing North
American hybrid varieties of grapes but is too short for reliable
cultivation of V. vinifera grapes. Although the proposed AVA extends
approximately 82 miles from the U.S.-Canada border to the southern tip
of Lake Champlain, temperatures within the proposed AVA are relatively
uniform. The following table, derived from data included in the
petition, lists the monthly maximum, minimum, and mean temperatures for
four communities within the proposed AVA: Ticonderoga, located at the
southernmost point of the proposed AVA; Peru, located approximately 50
miles north of Ticonderoga, in the middle of the proposed AVA;
Plattsburgh, located approximately 10 miles north of Peru; and Chazy,
located approximately 14 miles north of Plattsburgh and approximately 8
miles south of the U.S.-Canada border.
---------------------------------------------------------------------------

\3\ Source: National Climate Data Center, https://cdo.ncdc.noaa.gov/climatenormals/clim20/ny. Data is from monthly
climate normals gathered by the National Oceanic and Atmospheric
Administration from 1971-2000. Climate normal are gathered in 30-
year increments. At the time the petition was submitted, the 1971-
2000 climate normal was the most recent climate normal available for
the region.

Average Daily Maximum, Minimum, and Mean Temperatures (Degrees Fahrenheit) Within Proposed AVA \3\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Month
Location -----------------------------------------------------------------------------------------------------------------------------------
Jan. Feb. Mar. Apr. May June July Aug. Sep. Oct. Nov. Dec.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Ticonderoga
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum..................................................... 29.5 29.3 40.8 53.5 68 75.7 82.1 78.2 72 59.2 44.7 32.7
Minimum..................................................... 10 8.8 22.4 33.6 46 54.5 61 57.9 50.8 40 29.5 15.9
Mean........................................................ 19.8 19 31.6 43.6 57 65.1 71.5 68 61.4 49.6 37.2 24.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Peru
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum..................................................... 28.1 31.1 40.9 55.1 68.3 77.4 81.8 79.6 71 59.1 45.8 32.7
Minimum..................................................... 7.9 10.2 20.6 32.5 43.5 53.2 57.7 55.6 47.7 37.2 28.1 15
Mean........................................................ 18 20.7 30.7 43.8 55.9 65.2 69.7 67.6 59.3 48.1 36.9 23.9
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Plattsburgh
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum..................................................... 27.9 29.1 39.8 54.1 67.2 76.7 81.4 78.4 70.4 58.8 45 32.2
Minimum..................................................... 9 9.4 21.1 34 44.5 54.2 59.4 57.3 49.9 39.1 29.5 15.5
Mean........................................................ 18.5 19.2 30.4 44 55.9 65.4 70.4 67.8 60.2 49 37.2 23.9
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Chazy
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum..................................................... 26.9 28.4 39 54 67.5 76.3 80.9 78.7 70.3 58.3 44.6 31.3
Minimum..................................................... 7.1 8 19.8 33 44.1 53.7 58.9 56.6 48.7 38.6 28.6 14.3
Mean........................................................ 17 18.1 29.4 43.5 55.8 64.9 69.9 67.7 59.5 48.4 36.6 22.8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Because of the cool climate, the proposed AVA has a shorter growing
season when compared to most of the surrounding regions. The following
table, which was derived from information included in the petition,
compares the probability of the last spring frost and the first fall
frost within the proposed AVA and the surrounding regions. Peru, New
York, was chosen as the representative location within the proposed AVA
because of its central location. The two locations east of the proposed
AVA are both located in Vermont: South Hero, which is located on Grand
Isle in the middle of Lake Champlain, and Burlington, which is located
on the eastern shore of Lake Champlain southeast of South Hero.
Whitehall, New York, is located south of the proposed AVA, in the
Hudson River Valley. Lake Placid is located approximately 40 miles west
of Peru, within the Adirondack Mountains. Comparison data was not
provided for the region to the north of the proposed AVA because the
land is within Canada and is therefore ineligible for inclusion within
an AVA.
---------------------------------------------------------------------------

\4\ Sources: 1971-2000 climate normal from https://cdo.ncdc.noaa.gov/climatenormals/clim20supp1/states/VT.pdf and
https://cdo.ncdc.noaa.gov/climatenormals/clim20supp1/states/NY.pdf.
The baseline temperature for frost is considered to be 32 degrees
Fahrenheit.
\5\ The date at which there is a 10 percent probability of the
last spring frost occurring later.
\6\ The date at which there is a 10 percent probability of the
first fall frost occurring earlier.
\7\ The probability level that the growing season will be longer
is 10 percent.

Comparison of Annual Frost Probabilities \4\
----------------------------------------------------------------------------------------------------------------
Growing season
Location (direction from proposed AVA) Last spring frost date \5\ First fall frost date \6\ length (days)
\7\
----------------------------------------------------------------------------------------------------------------
Peru, NY (within)....................... May 25.................... September 21.............. 159
Whitehall, NY (south)................... May 11.................... September 24.............. 173
Lake Placid, NY (west).................. June 22................... August 30................. 116
South Hero, VT (east)................... May 9..................... September 27.............. 183
Burlington, VT airport (east)........... April 26.................. September 23.............. 164
----------------------------------------------------------------------------------------------------------------

[[Page 38150]]

The data shows that the proposed AVA has a later last-frost date,
an earlier first-frost date, and a shorter growing season than the
surrounding regions to the north, east, and south. The region east of
the proposed AVA has a longer growing season due to the presence of
Lake Champlain. According to the petition, as air moves eastward over
the lake, it warms and increases in humidity. The warm, humid air
reduces the risk of frost and contributes to a longer growing season on
the Vermont side of the lake. Even though the lake is narrow, its
moderating effect on surrounding temperatures is significant. The
petition notes that South Hero, located on an island in Lake Champlain,
is only one mile east of Peru, yet its growing season is almost 4 weeks
longer than that of the proposed AVA.
The region to the south of the proposed Champlain Valley of New
York AVA also has a longer growing season. The growing season in
Whitehall, within the Hudson River Valley, is two weeks longer than
that of the proposed AVA. The petition attributes the longer growing
season to the warm, moist winds that flow upward along the Hudson River
and the Mohawk Valley. These winds are blocked from entering the
proposed AVA by the Champlain-Hudson Divide, which is the slight ridge
that separates the two valley systems.
To the west of the proposed AVA, in Lake Placid within the
Adirondack Mountains, the higher elevations bring colder temperatures
and a growing season that is much shorter than that of the proposed
AVA. According to the petition, the growing season within the
Adirondack Mountains is too short for the commercial cultivation of
grapes.
Because of the short growing season within the proposed Champlain
Valley of New York AVA, V. vinifera grapes do not ripen reliably, so
vineyard owners primarily grow cold-hardy North American hybrids. By
contrast, V. vinifera grapes are commonly grown in the Vermont portion
of the Champlain Valley, in the Hudson River Valley, and in the Upper
Mohawk Valley near Lake Ontario.

TTB Determination

TTB concludes that the petition to establish the Champlain Valley
of New York viticultural area merits consideration and public comment,
as invited in this notice of proposed rulemaking.

Boundary Description

See the narrative description of the boundary of the petitioned-for
viticultural area 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 a viticultural area
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 a
viticultural area 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 viticultural
area 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 a
viticultural area 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 viticultural area, its name,
``Champlain Valley of New York,'' 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, wine bottlers using the name ``Champlain Valley of
New York'' 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 viticultural name as an appellation of
origin if this proposed rule is adopted as a final rule.
TTB does not believe that ``Champlain Valley,'' standing alone,
should have viticultural significance if the proposed viticultural area
is established, due to the fact that the feature known as the Champlain
Valley extends into Vermont. Accordingly, the proposed part 9
regulatory text set forth in this document specifies only the full name
``Champlain Valley of New York'' 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 viticultural area. 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 Champlain Valley of New York AVA on wine labels that include
the term ``Champlain Valley of New York'' 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 viticultural area 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 viticultural area.

Submitting Comments

You may submit comments on this notice by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2015-
0010 on ``Regulations.gov,'' the Federal e-rulemaking portal, at https://www.regulations.gov. A direct link to that docket is available under
Notice No. 154 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.

[[Page 38151]]

Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 154 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.
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 notice, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2015-0010 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. 154. 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 notice, 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 other
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 a viticultural area 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.

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. 9.2__to read as follows:

Sec. 9. Champlain Valley of New York.

(a) Name. The name of the viticultural area described in this
section is ``Champlain Valley of New York''. For purposes of part 4 of
this chapter, ``Champlain Valley of New York'' is a term of
viticultural significance.
(b) Approved maps. The two United States Geological Survey (USGS)
1:100,000 scale topographic maps used to determine the boundary of the
Champlain Valley of New York viticultural area are titled:
(1) Lake Champlain, N.Y.; VT.; N.H.; U.S.; CAN., 1962; revised
(U.S. area) 1972; and
(2) Glens Falls, N.Y.; VT.; N.H., 1956; revised 1972.
(c) Boundary. The Champlain Valley of New York viticultural area is
located in Clinton and Essex Counties, New York. The boundary of the
Champlain Valley of New York viticultural area is as described below:
(1) The beginning point is found on the Lake Champlain map at the
intersection of the western shore of Lake Champlain and the U.S.-Canada
border, just north of the town of Rouses Point.
(2) From the beginning point, proceed south along the western shore
of Lake Champlain approximately 109.4 miles, crossing onto the Glens
Falls map, to a road marked on the map as State Route 73 (now known as
State Route 74) and known locally as Fort Ti Road, at the Fort
Ticonderoga-Larrabees Point Ferry landing; then
(3) Proceed west along State Route 73 (State Route 74/Fort Ti Road)
approximately 1.6 miles to State Route 22; then
(4) Proceed north along State Route 22 approximately 21 miles,
crossing onto the Lake Champlain map and passing through the town of
Port Henry, to an unnamed light-duty road known locally as County Road
44 (Stevenson Road); then
(5) Proceed north along County Road 44 (Stevenson Road)
approximately 5.8 miles to a railroad track; then
(6) Proceed northerly along the railroad track approximately 1.6
miles to State Route 9N, west of the town of Westport; then
(7) Proceed westerly along State Route 9N approximately 4.1 miles
to Interstate 87; then
(8) Proceed north along Interstate 87 approximately 21 miles to the
Ausable River, southwest of the town of Keeseville; then
(9) Proceed west (upstream) along the Ausable River approximately 6
miles to a bridge connecting two unnamed light-duty roads known locally
as Burke Road and Lower Road in the town of Clintonville, and proceed
north along the bridge to Lower Road; then
(10) Proceed west along Lower Road approximately 0.6 mile to State
Route 9N; then
(11) Proceed west along State Route 9N approximately 0.8 mile to an
unnamed light-duty road known locally

[[Page 38152]]

as County Route 39 (Clintonville Road); then
(12) Proceed north along County Route 39 (Clintonville Road)
approximately 1.5 miles to the second crossing of the Little Ausable
River, west of Cook Mountain; then
(13) Proceed northeast along the Little Ausable River approximately
3.5 miles to the confluence of the river with Furnace Brook, near the
town of Harkness; then
(14) Proceed west along Furnace Brook approximately 0.17 mile to an
unnamed light-duty road known locally as County Route 40 (Calkins
Road); then
(15) Proceed north along County Route 40 (Calkins Road)
approximately 5.8 miles to an unnamed light-duty road known locally as
County Route 35 (Peasleeville Road), south of an unnamed creek known
locally as Arnold Brook; then
(16) Proceed west along County Route 35 (Peasleeville Road)
approximately 0.1 mile to an unnamed light-duty road known locally as
Connors Road; then
(17) Proceed north along Connors Road approximately 2.1 miles,
crossing the Salmon River, to an unnamed light-duty road known locally
as County Route 33 (Norrisville Road); then
(18) Proceed west along County Route 33 (Norrisville Road)
approximately 1.2 miles to an unnamed light-duty road known locally as
Shingle Street; then
(19) Proceed north along Shingle Street approximately 4 miles to an
unnamed light-duty road known locally as County Route 31 (Rabideau
Street); then
(20) Proceed west along County Route 31 (Rabideau Street)
approximately 0.4 mile to an unnamed light-duty road known locally as
Goddeau Street; then
(21) Proceed north along Goddeau Street approximately 0.9 mile,
crossing the Saranac River, to State Route 3 just east of the town of
Cadyville; then
(22) Proceed east along State Route 3 approximately 0.5 mile to an
unnamed light-duty road known locally as Akey Road; then
(23) Proceed north on Akey Road approximately 0.2 mile to State
Route 374; then
(24) Proceed east along State Route 374 approximately 3.6 miles to
State Route 190, also known locally as Military Turnpike; then
(25) Proceed northwest along State Route 190 (Military Turnpike)
approximately 15.2 miles to an unnamed light-duty road just east of
Park Brook known locally as County Route 12 (Alder Bend Road),
northwest of Miner Lake State Park; then
(26) Proceed north along County Route 12 (Alder Bend Road)
approximately 3 miles to U.S. Highway 11; then
(27) Proceed west along U.S. Highway 11 approximately 1.7 miles to
an unnamed light-duty road known locally as County Route 10 (Cannon
Corners Road); then
(28) Proceed north along County Route 10 (Cannon Corners Road)
approximately 6 miles to the U.S.-Canada border; then
(29) Proceed east along the U.S.-Canada border approximately 19.8
miles, returning to the beginning point.

Dated: June 24, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-16343 Filed 7-1-15; 8:45 am]
BILLING CODE 4810-31-P

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