Proposed Establishment of the Tip of the Mitt Viticultural Area, 46883-46888 [2015-19277]
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Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Proposed Rules
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE TREASURY
Background on Viticultural Areas
Alcohol and Tobacco Tax and Trade
Bureau
TTB Authority
27 CFR Part 9
[Docket No. TTB–2015–0011; Notice No.
155]
RIN 1513–AC22
Proposed Establishment of the Tip of
the Mitt 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 approximately 2,760square mile ‘‘Tip of the Mitt’’
viticultural area in all or portions of
Charlevoix, Emmet, Cheboygan, Presque
Isle, Alpena, and Antrim Counties in
Michigan. 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
October 5, 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–2015–0011 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.
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SUMMARY:
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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 (Revised),
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 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
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46883
the procedure for proposing an AVA
and provides that any interested party
may petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes standards for petitions for the
establishment or modification of AVAs.
Petitions to establish an AVA must
include the following:
• Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Tip of the Mitt Petition
TTB received a petition from the
Straits Area Grape Growers Association,
on behalf of vineyard and winery
owners in the northern portion of the
Lower Peninsula of Michigan, proposing
the establishment of the ‘‘Tip of the
Mitt’’ AVA. The proposed AVA contains
approximately 2,760-square miles and
has 41 commercial vineyards, covering
approximately 94 acres, distributed
across the proposed AVA. The proposed
AVA also has eight bonded wineries.
According to the petition, an additional
48 acres of vineyards and an additional
4 bonded wineries are planned in the
near future. The distinguishing features
of the proposed Tip of the Mitt AVA
include climate and soils. Unless
otherwise noted, all information and
data contained in this proposed rule
that pertains to the proposed AVA
comes from the petition for the
proposed Tip of the Mitt AVA and its
supporting exhibits.
Name Evidence
The proposed Tip of the Mitt AVA
derives its name from its location at the
northernmost end of Michigan’s Lower
Peninsula. The Lower Peninsula of
Michigan is shaped like a mitten, and
the proposed AVA is located at the
northern tip of the ‘‘mitten.’’ The
petition noted that ‘‘Tip of the Mitt’’ has
long been used to describe the region in
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which the proposed AVA is located, and
the petitioner included copies of three
postcards dated from the 1960s which
were submitted to demonstrate the
historical use of the phrase in
connection with that region. The first
postcard contains a photo of the Tip of
the Mitt Motel in Mackinaw City,
Michigan, which is located within the
proposed AVA. The second postcard
depicts a map of the northern portion of
the Lower Peninsula and is labeled
‘‘The Tip of the Mitt.’’ The third
postcard contains a photo of the Tip of
the Mitt Restaurant in Topinabee,
Michigan, a city located within the
proposed AVA.
The petition included additional
evidence that the region of the proposed
AVA is currently known as ‘‘Tip of the
Mitt.’’ The petitioner submitted as one
piece of evidence an online guide of
hiking trails 1 that divides Michigan into
nine regions, including the ‘‘Tip of the
Mitt’’ region in the northern portion of
the Lower Peninsula. Several annual
events held throughout the proposed
AVA use the name ‘‘Tip of the Mitt,’’
including the Tip of the Mitt Paddle
Fest, the Tip of the Mitt Tractor Show,
the Tip of the Mitt Classic road bike
race, and a sailing race known as
Michigan Challenge: Tip of the Mitt.
Finally, the petition included a list of 14
businesses and non-profit organizations
within the proposed AVA, including
Tip of the Mitt Windshield Repair, Tip
of the Mitt IT, Tip of the Mitt Sail &
Power Squadron, Tip of the Mitt
Antique Tractor Association, Tip of the
Mitt Watershed Council, and Tip of the
Mitt Flea Market.
bodies of water to the west, north, and
east, the climate and soil data from
within the proposed AVA is only
contrasted with data from the region
directly to the south of the proposed
AVA.
Boundary Evidence
The climate of the proposed Tip of the
Mitt AVA is generally warmer than that
of the region to the south. According to
the petition, the primary reason for the
warmer temperatures within the
proposed AVA is the westerly
prevailing winds that distribute warmer
air from the surface of Lake Michigan
across the region. As a result of these
warm winds, the proposed AVA has a
suitable climate for growing cold-hardy
hybrid grape varieties such as
Frontenac, La Crescent, and Marquette.
The following table compares the
average annual high and low
temperatures, as well as the average
annual extreme low temperature and the
average number of days per year with
high temperatures below 32 degrees
Fahrenheit (F) and below 0 degrees F,
for 6 weather stations within the
proposed Tip of the Mitt AVA and 5
weather stations south of the proposed
AVA.2 A map showing the locations of
the weather stations is included in
Docket No. TTB–2015–0011 as Exhibit 1
to Appendix II of the petition.
The proposed Tip of the Mitt AVA is
located at the northernmost end of
Michigan’s Lower Peninsula and
includes all or portions of Charlevoix,
Emmet, Cheboygan, Presque Isle,
Alpena, and Antrim Counties. The
western portion of the boundary follows
the shorelines of Grand Traverse Bay,
Little Traverse Bay, and Lake Michigan.
The northern portion of the boundary
follows the shorelines of the Straits of
Mackinac and Lake Huron. The eastern
portion of the boundary also follows the
Lake Huron shoreline. The southern
boundary follows county lines and a
series of lines drawn between points on
the USGS maps to separate the lakeinfluenced climate of the proposed Tip
of the Mitt AVA from the cooler regions
to the south.
Distinguishing Features
The distinguishing features of the
proposed Tip of the Mitt AVA include
its climate and soils. Because the
proposed AVA is bordered by large
Climate
TABLE 1—AVERAGE ANNUAL TEMPERATURES
Average
annual high
Weather station
Average
annual low
Average
annual
extreme low
Annual days
with highs
below 32
degrees F
Annual days
with highs
below 0
degrees F
Within Proposed AVA
Alpena Waste Water Treatment Plant .................................
Onaway State Park ..............................................................
Cross Village ........................................................................
Petoskey ..............................................................................
Boyne Falls ..........................................................................
East Jordan ..........................................................................
36.5
34.6
35.6
32.2
35.1
34.5
¥8.3
¥20.0
¥14.2
¥13.3
¥21.3
¥16.7
66
59
65
71
61
55
10
17
13
24
15
13
33.4
32.5
33.5
31.1
32.5
52.7
56.2
53.0
53.5
56.8
56.9
¥17.8
¥19.6
¥19.7
¥22.2
¥18.1
77
77
76
69
68
22
17
26
22
17
South of Proposed AVA
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Alpena WSO Airport ............................................................
Atlanta 2SW .........................................................................
Gaylord .................................................................................
Grayling ................................................................................
Lake City ..............................................................................
The data shows that although
temperatures within the proposed AVA
are cold, the region to the south has
average annual low temperatures that
are generally lower than those within
the proposed AVA. The region to the
1 www.trails.com.
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54.0
53.4
53.6
53.7
54.0
south also generally has more days per
year with high temperatures below 32
degrees F and also below 0 degrees F.
The petition states that the number of
very cold days is important to
viticulture because only certain varieties
of grapes can withstand very low
temperatures. The petition states that,
according to data produced by Iowa
State University, there are 17 less-hardy
varieties of grapes that can tolerate
temperatures between ¥15 and ¥20
2 Source: Midwest Climate Center database,
Michigan State Climatology Office. Data covers the
period from 1981 to 2010.
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degrees F, including Marechel Foch and
Leon Millot. Because the average annual
extreme low temperatures for 4 of the 6
locations within the proposed AVA are
warmer than ¥20 degrees, and half of
the locations within the proposed AVA
have extreme low temperatures above
¥15 degrees, these 17 varieties of
grapes could reasonably be expected to
survive and produce consistent crops
within the proposed AVA. However,
because none of the locations south of
the proposed AVA have annual extreme
low temperatures above ¥15 degrees, it
is less likely that these 17 varieties
would thrive and produce crops reliably
south of the proposed AVA.
The petition included information on
growing season length and growing
degree days (GDDs) 3 gathered from
locations both within and outside of the
proposed AVA.4 The data in the
following tables shows that the growing
season for most locations within the
proposed AVA is longer than the
growing season for most locations south
of the proposed AVA, and that most
locations within the proposed AVA
have higher GDD accumulations than
locations to the south.
TABLE 2—GROWING SEASON DATA
Weather station
Average last spring frost date
Average
length of
growing season (days)
Average first fall frost date
Within Proposed AVA
Alpena Waste Water Treatment Plant ....
Onaway State Park .................................
Cross Village ...........................................
Petoskey ..................................................
Boyne Falls ..............................................
East Jordan .............................................
May
May
May
May
May
May
3 .......................................................
15 .....................................................
27 .....................................................
9 .......................................................
31 .....................................................
30 .....................................................
October 11 ...............................................
September 29 ..........................................
October 9 .................................................
October 13 ...............................................
September 18 ..........................................
September 24 ..........................................
161
137
135
157
110
117
September
September
September
September
September
121
127
116
103
117
South of Proposed AVA
Alpena WSO Airport ................................
Atlanta 2SW .............................................
Gaylord ....................................................
Grayling ...................................................
Lake City ..................................................
May 26 .....................................................
May 20 .....................................................
May 28 .....................................................
June 2 ......................................................
May 28 .....................................................
24
24
21
13
22
..........................................
..........................................
..........................................
..........................................
..........................................
TABLE 3—GROWING DEGREE DAY DATA
Weather station
March
GDDs
April
GDDs
May
GDDs
June
GDDs
July
GDDs
August
GDDs
September
GDDs
October
GDDs
Total
growing
season
GDDs
Within Proposed AVA
Alpena Waste Water Treatment Plant .......................
Onaway State Park .............
Cross Village .......................
Petoskey ..............................
Boyne Falls .........................
East Jordan .........................
6
11.3
6
6.5
13.9
12.9
31.3
43.1
39.5
33.6
66
55.3
151.6
198.4
158.5
144.1
229.6
207.2
389.4
413.5
356
359.0
466.2
432.4
579.4
578.1
521.8
541.4
618.6
577.6
541.1
506.3
502.5
519.4
571.8
531.6
306.7
259.5
299.4
298.8
342.3
315.7
66
65.2
75.4
90.5
99.3
88.4
2,071.5
2,075.4
1,959.1
1,993.8
2,407.7
2,221.1
553.1
537.8
560.0
531.7
534.2
492.3
472.5
499.0
467.6
467.5
261.2
269.5
271.8
237.1
230.7
60.8
60.6
66.9
54.1
56.5
1,946.0
1,949.3
2,062.6
1,900.0
1,909.7
South of Proposed AVA
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Alpena WSO Airport ............
Atlanta 2SW ........................
Gaylord ................................
Grayling ...............................
Lake City .............................
8
11.2
12.3
8.6
9.9
36.7
48.3
48.7
41.3
40
153.3
169.5
190.7
170.2
182.2
380.6
379.9
413.2
389.4
388.7
GDDs are important to viticulture
because they represent how often the
daily temperatures rise above 50 degrees
F, which is the minimum temperature
required for active vine growth and fruit
development. Because the proposed
AVA has a growing season that is
generally longer, and GDD
accumulations that are generally higher,
than the region to the south, vineyard
owners are able to grow less-hardy
grapes as well as mid-to-late season
ripening varieties, such as Frontenac,
which would not ripen as consistently
if they were grown south of the
proposed AVA. The higher GDD
accumulations within the proposed Tip
of the Mitt AVA compensate for the
relatively short growing season because
the growing season temperatures rise
above 50 degrees frequently enough
during the growing season to allow the
grapes to mature. For example, Boyne
Falls has the shortest growing season of
any location within the proposed AVA,
and the growing season is shorter than
all but one of the locations south of the
3 In the Winkler climate classification system,
annual heat accumulation during the growing
season, 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.
4 Source: Midwest Climate Center database,
Michigan State Climatology Office. Data covers the
period from 1981 to 2010.
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proposed AVA. However, grapes are
still able to ripen reliably in Boyne Falls
because the average growing season
GDD accumulation is 2,407.7. By
contrast, even though four of the five
locations south of the proposed AVA
have longer growing seasons than Boyne
Falls, all of the locations south of the
proposed AVA still have significantly
lower GDD accumulations.
Soils
The predominant soils within the
proposed Tip of the Mitt AVA contain
coarse-textured glacial till and
Lacustrine sand and gravel. Soils that
contain either glacial outwash sand and
gravel or ice-contact sand and gravel are
only present in small amounts. The soils
of the proposed AVA have high levels
of organic matter, which prevents
nutrients from leaching rapidly. As a
result, vineyard owners do not have to
apply supplemental nutrients as
frequently or heavily as in areas with
soils that have lower levels of organic
material. Soils with high levels of
organic material also have a high waterholding capacity, so vineyard owners
within the proposed AVA often take
steps to limit accumulations of soil
moisture, such as planting cover crops
between the rows of vines to help
absorb excess water. Finally, the soils of
the proposed AVA do not heat up as
quickly in the early spring as soils that
contain higher levels of sand and gravel.
The cool soil temperatures naturally
prevent bud-break, often delaying new
growth from forming until after the
threat of damaging frost is over.
According to the petition, delaying budbreak until after the threat of frost has
passed is particularly important when
growing cultivars that typically have an
early bud-break such as Leon Millot or
Marquette, which are both commonly
grown in the proposed AVA.
South of the proposed AVA, the soils
are primarily glacial outwash sand and
gravel and ice-contact sand and gravel,
which are low in organic matter. Lesser
quantities of coarse-textured glacial till
and end moraines of fine- and coarsetextured till also occur. Because the
soils south of the proposed AVA contain
low amounts of organic matter, they
require heavier and more frequent
additions of nutrients. The soils also
have a lower water-holding capacity,
increasing the need for supplemental
irrigation. Vineyard owners also attempt
to maintain plant-free conditions
between rows, in order to maximize the
amount of water available for the vines.
Finally, the lower levels of organic
matter, combined with higher levels of
sand and gravel, allow soils south of the
proposed AVA to warm up more rapidly
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in the spring, which encourages budbreak before the last spring frost has
occurred.
Summary of Distinguishing Features
In summary, the evidence provided in
the petition indicates that the
viticulturally significant geographic
features of the proposed Tip of the Mitt
AVA distinguish it from the
surrounding regions in each direction.
The proposed AVA is surrounded by
large bodies of water to the west, north,
and east. The region to the south of the
proposed AVA is characterized by
cooler temperatures, shorter growing
seasons, lower GDD accumulations, and
soils with low amounts of organic
material and high amounts of sand and
gravel.
TTB Determination
TTB concludes that the petition to
establish the approximately 2,760square mile Tip of the Mitt 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 § 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, ‘‘Tip of the Mitt,’’ will be
recognized as a name of viticultural
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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 ‘‘Tip of the
Mitt’’ 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.
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 Tip of the
Mitt AVA on wine labels that include
the term ‘‘Tip of the Mitt,’’ 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–
2015–0011 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 155 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.
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• 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. 155 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.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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–
0011 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. 155.
You may also reach the relevant docket
through the Regulations.gov search page
at https://www.regulations.gov. For
information on how to use
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16:37 Aug 05, 2015
Jkt 235001
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- × 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.
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:
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Frm 00035
Fmt 4702
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46887
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.ll
Tip of the Mitt.
(a) Name. The name of the viticultural
area described in this section is ‘‘Tip of
the Mitt’’. For purposes of part 4 of this
chapter, ‘‘Tip of the Mitt’’ is a term of
viticultural significance.
(b) Approved maps. The 2 United
States Geological Survey (USGS)
1:250,000 scale topographic maps used
to determine the boundary of the Tip of
the Mitt viticultural area are titled:
(1) Cheboygan, Michigan, 1955;
revised 1981; and
(2) Alpena, Mich., US–Ontario, Can.;
1954.
(c) Boundary. The Tip of the Mitt
viticultural area is located in all or
portions of Charlevoix, Emmet,
Cheboygan, Presque Isle, Alpena, and
Antrim Counties in Michigan. The
boundary of the Tip of the Mitt
viticultural area is as described below:
(1) The beginning point is on the
Cheboygan map, at the point where the
Mackinac Bridge intersects the southern
shoreline of the Straits of Mackinac.
From the beginning point, proceed eastsoutheasterly along the shoreline of the
South Channel of the Straits of
Mackinac and Lake Huron, crossing
onto the Alpena map and continuing to
follow the Lake Huron shoreline and
then the Thunder Bay shoreline to the
point where the Thunder Bay shoreline
intersects the common T31N/T30N
township line south of the city of
Alpena and north of Bare Point; then
(2) Proceed northwesterly in a straight
line to the intersection of an unnamed
medium-duty road known locally as
Long Rapids Road and an unnamed
light-duty road known locally as Cathro
Road; then
(3) Proceed west in a straight line to
the line’s intersection with State
Highway 65 and an unnamed light-duty
road known locally as Hibner Road;
then
(4) Proceed northwesterly in a straight
line to the intersection of the Presque
Isle, Alpena, and Montmorency county
lines; then
(5) Proceed west along the southern
boundary of Presque Isle County,
crossing onto the Cheboygan map, to the
point where the Presque Isle county line
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Federal Register / Vol. 80, No. 151 / Thursday, August 6, 2015 / Proposed Rules
becomes the southern boundary of
Cheboygan County, and continuing
along the Cheboygan county line to the
intersection of the Cheboygan county
line with the eastern boundary of
Charlevoix County; then
(6) Proceed south then east along the
Charlevoix county line to the
intersection of the Charlevoix county
line with the eastern boundary of
Antrim County; then
(7) Proceed south along the Antrim
county line to the point where the
county line turns due east; then
(8) Proceed west in a straight line to
the eastern shoreline of Grand Traverse
Bay; then
(9) Proceed north-northeasterly along
the shorelines of Grand Traverse Bay,
Lake Michigan, Little Traverse Bay,
Sturgeon Bay, Trails End Bay, and the
Straits of Mackinac, returning to the
beginning point.
Signed: July 28, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015–19277 Filed 8–5–15; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 4
RIN 2900–AO19
Schedule for Rating Disabilities: The
Hematologic and Lymphatic Systems
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) proposes to amend the
portion of the VA Schedule for Rating
Disabilities (Rating Schedule) that
addresses the hematologic and
lymphatic systems. The intended effect
of this change is to incorporate medical
advances that have occurred since the
last review, update medical
terminology, add medical conditions
not currently in the Rating Schedule,
and refine criteria for further clarity and
ease of rater application.
DATES: Comments must be received by
VA on or before October 5, 2015.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to the Director, Regulation
Policy and Management (02REG),
Department of Veterans Affairs, 810
Vermont Ave. NW., Room 1068,
Washington, DC 20420; or by fax to
(202) 273–9026. Comments should
indicate that they are submitted in
response to RIN 2900–AO19—Schedule
mstockstill on DSK4VPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
16:37 Aug 05, 2015
Jkt 235001
for Rating Disabilities: The Hematologic
and Lymphatic Systems. Copies of
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1068, between the hours of 8:00
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 461–4902 for an appointment.
(This is not a toll-free number.) In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Nick
Olmos-Lau, M.D., Medical Officer
(211C), Compensation Service, Veterans
Benefits Administration, Department of
Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420, (202) 461–
9695. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: As part of
our ongoing revision of the VA
Schedule for Rating Disabilities (Rating
Schedule), we are proposing changes to
38 CFR 4.117, Schedule of ratings—
hemic and lymphatic systems, and
appendices A, B, and C of part 4
pertaining to this section. This section
was last updated in 1995. By these
revisions, we aim to update medical
terminology; add medical conditions
not currently in the Rating Schedule;
and revise the rating criteria to reflect
medical advances and to clarify them
for ease of application.
Proposed Title Change: The
Hematologic and Lymphatic Systems
‘‘Hemic’’ is an adjective previously
used to describe diseases of or related to
the blood. The current medical term for
diseases of the blood or blood-forming
organs is ‘‘hematologic.’’ In addition,
the 2013 National Library of MedicineMedical Subject Headings (MESH)
descriptor advisory discourages the use
of the term ‘‘hemic’’ as too general, and
recommends instead the use of the term
‘‘hematologic’’ as more specific (https://
www.nlm.nih.gov/cgi/mesh/2013/MB
_cgi?mode=&index=6154&field=all
&HM=&II=&PA=&form=&input=).
VA therefore proposes to edit the
header of § 4.117 to ‘‘The Hematologic
and Lymphatic Systems’’ and the title of
§ 4.117 to ‘‘Schedule of ratings—
hematologic and lymphatic systems.’’
Modification and Reorganization of
Current Diagnostic Code (DC) 7700
(Anemia, Hypochromic-Microcytic and
Megaloblastic, Such as Iron-Deficiency
and Pernicious Anemia)
Anemia is predominantly hereditary
or secondary, a symptom of another
condition. Secondary anemia is
corrected by treatment of the underlying
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
condition. Examples of conditions that
cause secondary anemia include
osteomyelitis (DC 5000) and
hypothyroidism (DC 7903). Anemia is
most appropriately evaluated as part of
the underlying service-connected
disability causing the anemia. VA
proposes to address in proposed DCs
7720, 7721, 7722, and 7723 anemias that
are neither hereditary nor addressed
under DCs for the causative conditions.
The title of current DC 7700 is
‘‘Anemia, hypochromic-microcytic and
megaloblastic, such as iron-deficiency
and pernicious anemia.’’ This title
groups anemias based on red blood cell
(RBC) morphology. VA proposes
separate DCs and criteria for the major
types of anemia. Separation would
assist raters in distinguishing amongst
and clarifying severity of anemias.
Accordingly, VA proposes the removal
of DC 7700 from the Rating Schedule,
and adding DC 7720 Iron deficiency
anemia, 7721 Folic acid deficiency,
7722 Pernicious anemia and Vitamin
B12 deficiency anemia, and 7723
Acquired hemolytic anemia.
Anemia is currently rated at levels of
100, 70, 30, 10, and 0-percent,
depending on the hemoglobin level and
the associated signs and symptoms. It is
evaluated at 100-percent for hemoglobin
of 5gm/100ml or less, with findings
such as high-output congestive heart
failure or dyspnea at rest. It is evaluated
at 70-percent for hemoglobin of 7gm/
100ml or less, with findings such as
dyspnea on mild exertion,
cardiomegaly, tachycardia (100 to 120
beats per minute) or syncope (three
episodes in the last six months). It is
evaluated at 30-percent for hemoglobin
of 8gm/100ml or less, with findings
such as weakness, easy fatigability,
headaches, lightheadedness, or
shortness of breath. It is evaluated at 10percent for hemoglobin of 10gm/100ml
or less, with findings such as weakness,
easy fatigability, or headaches. It is
evaluated at 0-percent for hemoglobin of
10gm/100ml or less and asymptomatic.
While there is a high correlation
between hemoglobin levels and signs or
symptoms of anemia in acute anemia,
the correlation is less accurate in
chronic anemia. As the duration of the
anemia lengthens, the individual
becomes more tolerant of lower
hemoglobin levels and symptom
manifestation decreases. The functional
impact of chronic anemia is more
accurately measured by mode and
frequency of treatment. VA proposes
rating criteria based on the specific
mode(s) and frequency of treatment.
VA notes that the existing 100 and 70
percent categories for rating anemia are
more descriptive of acute rather than
E:\FR\FM\06AUP1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 151 (Thursday, August 6, 2015)]
[Proposed Rules]
[Pages 46883-46888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19277]
[[Page 46883]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2015-0011; Notice No. 155]
RIN 1513-AC22
Proposed Establishment of the Tip of the Mitt 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 approximately 2,760-square mile ``Tip of the Mitt''
viticultural area in all or portions of Charlevoix, Emmet, Cheboygan,
Presque Isle, Alpena, and Antrim Counties in Michigan. The 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 October 5, 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-
2015-0011 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 (Revised), 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 AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and a name and a delineated boundary, as
established in part 9 of the regulations. These designations allow
vintners and consumers to attribute a given quality, reputation, or
other characteristic of a wine made from grapes grown in an area to the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA is neither an approval nor an endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
standards for petitions for the establishment or modification of AVAs.
Petitions to establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Tip of the Mitt Petition
TTB received a petition from the Straits Area Grape Growers
Association, on behalf of vineyard and winery owners in the northern
portion of the Lower Peninsula of Michigan, proposing the establishment
of the ``Tip of the Mitt'' AVA. The proposed AVA contains approximately
2,760-square miles and has 41 commercial vineyards, covering
approximately 94 acres, distributed across the proposed AVA. The
proposed AVA also has eight bonded wineries. According to the petition,
an additional 48 acres of vineyards and an additional 4 bonded wineries
are planned in the near future. The distinguishing features of the
proposed Tip of the Mitt AVA include climate and soils. Unless
otherwise noted, all information and data contained in this proposed
rule that pertains to the proposed AVA comes from the petition for the
proposed Tip of the Mitt AVA and its supporting exhibits.
Name Evidence
The proposed Tip of the Mitt AVA derives its name from its location
at the northernmost end of Michigan's Lower Peninsula. The Lower
Peninsula of Michigan is shaped like a mitten, and the proposed AVA is
located at the northern tip of the ``mitten.'' The petition noted that
``Tip of the Mitt'' has long been used to describe the region in
[[Page 46884]]
which the proposed AVA is located, and the petitioner included copies
of three postcards dated from the 1960s which were submitted to
demonstrate the historical use of the phrase in connection with that
region. The first postcard contains a photo of the Tip of the Mitt
Motel in Mackinaw City, Michigan, which is located within the proposed
AVA. The second postcard depicts a map of the northern portion of the
Lower Peninsula and is labeled ``The Tip of the Mitt.'' The third
postcard contains a photo of the Tip of the Mitt Restaurant in
Topinabee, Michigan, a city located within the proposed AVA.
The petition included additional evidence that the region of the
proposed AVA is currently known as ``Tip of the Mitt.'' The petitioner
submitted as one piece of evidence an online guide of hiking trails \1\
that divides Michigan into nine regions, including the ``Tip of the
Mitt'' region in the northern portion of the Lower Peninsula. Several
annual events held throughout the proposed AVA use the name ``Tip of
the Mitt,'' including the Tip of the Mitt Paddle Fest, the Tip of the
Mitt Tractor Show, the Tip of the Mitt Classic road bike race, and a
sailing race known as Michigan Challenge: Tip of the Mitt. Finally, the
petition included a list of 14 businesses and non-profit organizations
within the proposed AVA, including Tip of the Mitt Windshield Repair,
Tip of the Mitt IT, Tip of the Mitt Sail & Power Squadron, Tip of the
Mitt Antique Tractor Association, Tip of the Mitt Watershed Council,
and Tip of the Mitt Flea Market.
---------------------------------------------------------------------------
\1\ www.trails.com.
---------------------------------------------------------------------------
Boundary Evidence
The proposed Tip of the Mitt AVA is located at the northernmost end
of Michigan's Lower Peninsula and includes all or portions of
Charlevoix, Emmet, Cheboygan, Presque Isle, Alpena, and Antrim
Counties. The western portion of the boundary follows the shorelines of
Grand Traverse Bay, Little Traverse Bay, and Lake Michigan. The
northern portion of the boundary follows the shorelines of the Straits
of Mackinac and Lake Huron. The eastern portion of the boundary also
follows the Lake Huron shoreline. The southern boundary follows county
lines and a series of lines drawn between points on the USGS maps to
separate the lake-influenced climate of the proposed Tip of the Mitt
AVA from the cooler regions to the south.
Distinguishing Features
The distinguishing features of the proposed Tip of the Mitt AVA
include its climate and soils. Because the proposed AVA is bordered by
large bodies of water to the west, north, and east, the climate and
soil data from within the proposed AVA is only contrasted with data
from the region directly to the south of the proposed AVA.
Climate
The climate of the proposed Tip of the Mitt AVA is generally warmer
than that of the region to the south. According to the petition, the
primary reason for the warmer temperatures within the proposed AVA is
the westerly prevailing winds that distribute warmer air from the
surface of Lake Michigan across the region. As a result of these warm
winds, the proposed AVA has a suitable climate for growing cold-hardy
hybrid grape varieties such as Frontenac, La Crescent, and Marquette.
The following table compares the average annual high and low
temperatures, as well as the average annual extreme low temperature and
the average number of days per year with high temperatures below 32
degrees Fahrenheit (F) and below 0 degrees F, for 6 weather stations
within the proposed Tip of the Mitt AVA and 5 weather stations south of
the proposed AVA.\2\ A map showing the locations of the weather
stations is included in Docket No. TTB-2015-0011 as Exhibit 1 to
Appendix II of the petition.
---------------------------------------------------------------------------
\2\ Source: Midwest Climate Center database, Michigan State
Climatology Office. Data covers the period from 1981 to 2010.
Table 1--Average Annual Temperatures
----------------------------------------------------------------------------------------------------------------
Annual days Annual days
Average Average Average with highs with highs
Weather station annual high annual low annual below 32 below 0
extreme low degrees F degrees F
----------------------------------------------------------------------------------------------------------------
Within Proposed AVA
----------------------------------------------------------------------------------------------------------------
Alpena Waste Water Treatment 52.7 36.5 -8.3 66 10
Plant..........................
Onaway State Park............... 56.2 34.6 -20.0 59 17
Cross Village................... 53.0 35.6 -14.2 65 13
Petoskey........................ 53.5 32.2 -13.3 71 24
Boyne Falls..................... 56.8 35.1 -21.3 61 15
East Jordan..................... 56.9 34.5 -16.7 55 13
----------------------------------------------------------------------------------------------------------------
South of Proposed AVA
----------------------------------------------------------------------------------------------------------------
Alpena WSO Airport.............. 54.0 33.4 -17.8 77 22
Atlanta 2SW..................... 53.4 32.5 -19.6 77 17
Gaylord......................... 53.6 33.5 -19.7 76 26
Grayling........................ 53.7 31.1 -22.2 69 22
Lake City....................... 54.0 32.5 -18.1 68 17
----------------------------------------------------------------------------------------------------------------
The data shows that although temperatures within the proposed AVA
are cold, the region to the south has average annual low temperatures
that are generally lower than those within the proposed AVA. The region
to the south also generally has more days per year with high
temperatures below 32 degrees F and also below 0 degrees F. The
petition states that the number of very cold days is important to
viticulture because only certain varieties of grapes can withstand very
low temperatures. The petition states that, according to data produced
by Iowa State University, there are 17 less-hardy varieties of grapes
that can tolerate temperatures between -15 and -20
[[Page 46885]]
degrees F, including Marechel Foch and Leon Millot. Because the average
annual extreme low temperatures for 4 of the 6 locations within the
proposed AVA are warmer than -20 degrees, and half of the locations
within the proposed AVA have extreme low temperatures above -15
degrees, these 17 varieties of grapes could reasonably be expected to
survive and produce consistent crops within the proposed AVA. However,
because none of the locations south of the proposed AVA have annual
extreme low temperatures above -15 degrees, it is less likely that
these 17 varieties would thrive and produce crops reliably south of the
proposed AVA.
The petition included information on growing season length and
growing degree days (GDDs) \3\ gathered from locations both within and
outside of the proposed AVA.\4\ The data in the following tables shows
that the growing season for most locations within the proposed AVA is
longer than the growing season for most locations south of the proposed
AVA, and that most locations within the proposed AVA have higher GDD
accumulations than locations to the south.
---------------------------------------------------------------------------
\3\ In the Winkler climate classification system, annual heat
accumulation during the growing season, 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.
\4\ Source: Midwest Climate Center database, Michigan State
Climatology Office. Data covers the period from 1981 to 2010.
Table 2--Growing Season Data
----------------------------------------------------------------------------------------------------------------
Average length
Weather station Average last spring frost Average first fall frost of growing
date date season (days)
----------------------------------------------------------------------------------------------------------------
Within Proposed AVA
----------------------------------------------------------------------------------------------------------------
Alpena Waste Water Treatment Plant...... May 3..................... October 11................ 161
Onaway State Park....................... May 15.................... September 29.............. 137
Cross Village........................... May 27.................... October 9................. 135
Petoskey................................ May 9..................... October 13................ 157
Boyne Falls............................. May 31.................... September 18.............. 110
East Jordan............................. May 30.................... September 24.............. 117
----------------------------------------------------------------------------------------------------------------
South of Proposed AVA
----------------------------------------------------------------------------------------------------------------
Alpena WSO Airport...................... May 26.................... September 24.............. 121
Atlanta 2SW............................. May 20.................... September 24.............. 127
Gaylord................................. May 28.................... September 21.............. 116
Grayling................................ June 2.................... September 13.............. 103
Lake City............................... May 28.................... September 22.............. 117
----------------------------------------------------------------------------------------------------------------
Table 3--Growing Degree Day Data
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total
Weather station March GDDs April GDDs May GDDs June GDDs July GDDs August GDDs September October growing
GDDs GDDs season GDDs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Within Proposed AVA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alpena Waste Water Treatment 6 31.3 151.6 389.4 579.4 541.1 306.7 66 2,071.5
Plant..........................
Onaway State Park............... 11.3 43.1 198.4 413.5 578.1 506.3 259.5 65.2 2,075.4
Cross Village................... 6 39.5 158.5 356 521.8 502.5 299.4 75.4 1,959.1
Petoskey........................ 6.5 33.6 144.1 359.0 541.4 519.4 298.8 90.5 1,993.8
Boyne Falls..................... 13.9 66 229.6 466.2 618.6 571.8 342.3 99.3 2,407.7
East Jordan..................... 12.9 55.3 207.2 432.4 577.6 531.6 315.7 88.4 2,221.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
South of Proposed AVA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alpena WSO Airport.............. 8 36.7 153.3 380.6 553.1 492.3 261.2 60.8 1,946.0
Atlanta 2SW..................... 11.2 48.3 169.5 379.9 537.8 472.5 269.5 60.6 1,949.3
Gaylord......................... 12.3 48.7 190.7 413.2 560.0 499.0 271.8 66.9 2,062.6
Grayling........................ 8.6 41.3 170.2 389.4 531.7 467.6 237.1 54.1 1,900.0
Lake City....................... 9.9 40 182.2 388.7 534.2 467.5 230.7 56.5 1,909.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
GDDs are important to viticulture because they represent how often
the daily temperatures rise above 50 degrees F, which is the minimum
temperature required for active vine growth and fruit development.
Because the proposed AVA has a growing season that is generally longer,
and GDD accumulations that are generally higher, than the region to the
south, vineyard owners are able to grow less-hardy grapes as well as
mid-to-late season ripening varieties, such as Frontenac, which would
not ripen as consistently if they were grown south of the proposed AVA.
The higher GDD accumulations within the proposed Tip of the Mitt AVA
compensate for the relatively short growing season because the growing
season temperatures rise above 50 degrees frequently enough during the
growing season to allow the grapes to mature. For example, Boyne Falls
has the shortest growing season of any location within the proposed
AVA, and the growing season is shorter than all but one of the
locations south of the
[[Page 46886]]
proposed AVA. However, grapes are still able to ripen reliably in Boyne
Falls because the average growing season GDD accumulation is 2,407.7.
By contrast, even though four of the five locations south of the
proposed AVA have longer growing seasons than Boyne Falls, all of the
locations south of the proposed AVA still have significantly lower GDD
accumulations.
Soils
The predominant soils within the proposed Tip of the Mitt AVA
contain coarse-textured glacial till and Lacustrine sand and gravel.
Soils that contain either glacial outwash sand and gravel or ice-
contact sand and gravel are only present in small amounts. The soils of
the proposed AVA have high levels of organic matter, which prevents
nutrients from leaching rapidly. As a result, vineyard owners do not
have to apply supplemental nutrients as frequently or heavily as in
areas with soils that have lower levels of organic material. Soils with
high levels of organic material also have a high water-holding
capacity, so vineyard owners within the proposed AVA often take steps
to limit accumulations of soil moisture, such as planting cover crops
between the rows of vines to help absorb excess water. Finally, the
soils of the proposed AVA do not heat up as quickly in the early spring
as soils that contain higher levels of sand and gravel. The cool soil
temperatures naturally prevent bud-break, often delaying new growth
from forming until after the threat of damaging frost is over.
According to the petition, delaying bud-break until after the threat of
frost has passed is particularly important when growing cultivars that
typically have an early bud-break such as Leon Millot or Marquette,
which are both commonly grown in the proposed AVA.
South of the proposed AVA, the soils are primarily glacial outwash
sand and gravel and ice-contact sand and gravel, which are low in
organic matter. Lesser quantities of coarse-textured glacial till and
end moraines of fine- and coarse-textured till also occur. Because the
soils south of the proposed AVA contain low amounts of organic matter,
they require heavier and more frequent additions of nutrients. The
soils also have a lower water-holding capacity, increasing the need for
supplemental irrigation. Vineyard owners also attempt to maintain
plant-free conditions between rows, in order to maximize the amount of
water available for the vines. Finally, the lower levels of organic
matter, combined with higher levels of sand and gravel, allow soils
south of the proposed AVA to warm up more rapidly in the spring, which
encourages bud-break before the last spring frost has occurred.
Summary of Distinguishing Features
In summary, the evidence provided in the petition indicates that
the viticulturally significant geographic features of the proposed Tip
of the Mitt AVA distinguish it from the surrounding regions in each
direction. The proposed AVA is surrounded by large bodies of water to
the west, north, and east. The region to the south of the proposed AVA
is characterized by cooler temperatures, shorter growing seasons, lower
GDD accumulations, and soils with low amounts of organic material and
high amounts of sand and gravel.
TTB Determination
TTB concludes that the petition to establish the approximately
2,760-square mile Tip of the Mitt 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 Sec.
4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Tip of the
Mitt,'' 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
``Tip of the Mitt'' 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.
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 Tip of the Mitt AVA on wine labels that include the term ``Tip
of the Mitt,'' 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-2015-0011 on ``Regulations.gov,'' the Federal e-rulemaking portal,
at https://www.regulations.gov. A direct link to that docket is
available under Notice No. 155 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.
[[Page 46887]]
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. 155 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 proposed rule,
selected supporting materials, and any online or mailed comments
received about this proposal within Docket No. TTB-2015-0011 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. 155. 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.__ Tip of the Mitt.
(a) Name. The name of the viticultural area described in this
section is ``Tip of the Mitt''. For purposes of part 4 of this chapter,
``Tip of the Mitt'' is a term of viticultural significance.
(b) Approved maps. The 2 United States Geological Survey (USGS)
1:250,000 scale topographic maps used to determine the boundary of the
Tip of the Mitt viticultural area are titled:
(1) Cheboygan, Michigan, 1955; revised 1981; and
(2) Alpena, Mich., US-Ontario, Can.; 1954.
(c) Boundary. The Tip of the Mitt viticultural area is located in
all or portions of Charlevoix, Emmet, Cheboygan, Presque Isle, Alpena,
and Antrim Counties in Michigan. The boundary of the Tip of the Mitt
viticultural area is as described below:
(1) The beginning point is on the Cheboygan map, at the point where
the Mackinac Bridge intersects the southern shoreline of the Straits of
Mackinac. From the beginning point, proceed east-southeasterly along
the shoreline of the South Channel of the Straits of Mackinac and Lake
Huron, crossing onto the Alpena map and continuing to follow the Lake
Huron shoreline and then the Thunder Bay shoreline to the point where
the Thunder Bay shoreline intersects the common T31N/T30N township line
south of the city of Alpena and north of Bare Point; then
(2) Proceed northwesterly in a straight line to the intersection of
an unnamed medium-duty road known locally as Long Rapids Road and an
unnamed light-duty road known locally as Cathro Road; then
(3) Proceed west in a straight line to the line's intersection with
State Highway 65 and an unnamed light-duty road known locally as Hibner
Road; then
(4) Proceed northwesterly in a straight line to the intersection of
the Presque Isle, Alpena, and Montmorency county lines; then
(5) Proceed west along the southern boundary of Presque Isle
County, crossing onto the Cheboygan map, to the point where the Presque
Isle county line
[[Page 46888]]
becomes the southern boundary of Cheboygan County, and continuing along
the Cheboygan county line to the intersection of the Cheboygan county
line with the eastern boundary of Charlevoix County; then
(6) Proceed south then east along the Charlevoix county line to the
intersection of the Charlevoix county line with the eastern boundary of
Antrim County; then
(7) Proceed south along the Antrim county line to the point where
the county line turns due east; then
(8) Proceed west in a straight line to the eastern shoreline of
Grand Traverse Bay; then
(9) Proceed north-northeasterly along the shorelines of Grand
Traverse Bay, Lake Michigan, Little Traverse Bay, Sturgeon Bay, Trails
End Bay, and the Straits of Mackinac, returning to the beginning point.
Signed: July 28, 2015.
John J. Manfreda,
Administrator.
[FR Doc. 2015-19277 Filed 8-5-15; 8:45 am]
BILLING CODE 4810-31-P
