Establishment of the Loess Hills District Viticultural Area, 11113-11116 [2016-04760]
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Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Rules and Regulations
Subpart C—Approved American
Viticultural Areas
2. Section 9.90 is amended by revising
paragraph (b) introductory text, adding
paragraph (b)(4), removing paragraphs
(c)(11) through (13), redesignating
paragraphs (c)(14) through (32) as
paragraphs (c)(18) through (36), revising
newly redesignated paragraph (c)(32),
and adding paragraphs (c)(11) through
(17) to read as follows:
■
§ 9.90
Willamette Valley.
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*
*
*
(b) Approved maps. The approved
maps for determining the boundaries of
the Willamette Valley viticultural area
are three U.S.G.S. Oregon maps scaled
1:250,000 and one U.S.G.S. Oregon map
scaled 1:24,000. They are entitled:
*
*
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(4) ‘‘Letz Creek, OR’’ (revised 1984).
(c) * * *
(11) Northeast, then southeast along
the 1,000 foot contour line
approximately 12 miles to its
intersection with the R5W/R6W range
line;
(12) South along the R5W/R6W range
line approximately 0.25 mile to the
intersection with the 1,000 foot contour
line;
(13) Generally southeast along the
meandering 1,000 foot contour line,
crossing onto the Letz Creek map, to a
point on the 1,000 foot contour line
located due north of the intersection of
Siuslaw River Road and Fire Road;
(14) South in a straight line
approximately 0.55 mile, crossing over
the Siuslaw River and the intersection
of Siuslaw River Road and Fire Road, to
the 1,000 foot contour line;
(15) Generally southeast along the
meandering 1,000 foot contour line,
crossing onto the Roseburg, Oregon
map, to the intersection of the 1,000 foot
contour line with the Lane/Douglas
County line;
(16) East along the Lane/Douglas
County line approximately 3.8 miles to
the intersection with the 1,000 foot
contour line just east of the South Fork
of the Siuslaw River;
(17) Generally north, then northeast
along the 1,000 foot contour line around
Spencer Butte, and then generally south
to a point along the Lane/Douglas
County line 0.5 mile north of State
Highway 99;
*
*
*
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*
(32) North along R5E/R6E 10.5 miles
to a point where it intersects the Mount
Hood National Forest boundary
(approximately three miles north of U.S.
Highway 26);
*
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*
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Signed: February 8, 2016.
John J. Manfreda,
Administrator.
Approved: February 11, 2016.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2016–04710 Filed 3–2–16; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2015–0009; T.D. TTB–135;
Ref: Notice No. 153]
RIN 1513–AC20
Establishment of the Loess Hills
District Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) establishes the
approximately 12,897-square mile
‘‘Loess Hills District’’ viticultural area in
western Iowa and northwestern
Missouri. This new viticultural area is
not located within any other viticultural
area. TTB designates viticultural areas
to allow vintners to better describe the
origin of their wines and to allow
consumers to better identify wines they
may purchase.
DATES: This final rule is effective April
4, 2016.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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11113
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated various
authorities through Treasury
Department Order 120–01 (dated
December 10, 2013, superseding
Treasury Order 120–01 (Revised),
‘‘Alcohol and Tobacco Tax and Trade
Bureau,’’ dated January 24, 2003), to the
TTB Administrator to perform the
functions and duties in the
administration and enforcement of these
laws.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes 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
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 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;
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• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Loess Hills District Petition
TTB received a petition from Shirley
Frederiksen, on behalf of the Western
Iowa Grape Growers Association and
the Golden Hills Resource Conservation
and Development organization
proposing the establishment of the
‘‘Loess Hills District’’ AVA in western
Iowa and northwestern Missouri. The
proposed AVA covers a long, narrow
north-south orientated swath of land
along the Big Sioux and Missouri
Rivers, covering 12,897 square miles
from Hawarden, Iowa, to Craig,
Missouri. There are approximately 66
commercially-producing vineyards
covering a total of 112 acres distributed
throughout the proposed AVA, along
with 13 wineries. The proposed Loess
Hills District AVA is not located within
any established AVA.
According to the petition, the
distinguishing features of the proposed
Loess Hills District AVA are its soil,
topography, and climate. The proposed
AVA is located in a region characterized
by extremely deep layers of winddeposited soil called ‘‘loess.’’ Loess is a
loose, crumbly soil comprised of quartz,
feldspar, mica, and other materials
which were ground into a fine powder
by glaciers during the Ice Ages. When
the glaciers melted, the water pushed
this glacial flour down the Missouri
River Valley. When the waters receded,
the exposed silt dried and was picked
up by the prevailing westerly winds and
redeposited over broad areas.
The heaviest, coarsest loess particles
were deposited along the Missouri
River, within the proposed Loess Hills
District AVA, and formed a landscape of
rolling-to-steep hills. According to the
petition, the rolling topography allows
cold air to drain away from the
vineyards, thus reducing the threat of
frost. By contrast, the terrain in the
regions to the north, south, and east of
the proposed AVA is marked by broadly
undulating hills with shallower slopes
and lower elevations than are found
within the proposed AVA. The terrain
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west of the proposed AVA is dominated
by wide, flat flood plains.
The loess deposits within the
proposed AVA reach depths of up to
300 feet, which are the thickest deposits
of loess within the United States. The
petition states that the thickness of the
loess within the proposed AVA enables
roots to extend deep into the soil
without being stopped by a restrictive
barrier such as denser soils or bedrock.
The lack of a restrictive barrier also
allows water to drain away from the
roots quickly, which reduces the risk of
fungal diseases and rot. In comparison,
in every direction outside the proposed
AVA, the depth of loess is 20 feet or
less, which is significantly shallower
than within the proposed AVA.
The petition also states that the
proposed Loess Hills District AVA has
a long growing season and relatively
high annual precipitation amounts. The
early last-spring-frost date reduces the
risk that tender new buds and shoots
will be damaged by spring frosts, and
the late first-fall-frost date allows
adequate time for late-maturing varieties
of grapes, including Norton,
Chambourcin, and Noiret, to ripen
before frost can damage the fruit. The
high precipitation amounts provide
adequate hydration for the vines, so
irrigation is seldom necessary within
the proposed AVA. However, the
rainfall amounts also pose a risk of
erosion due to both the steepness of the
hillsides and the loose, crumbly nature
of the soils. When compared to the
proposed AVA, the regions to the north,
east, and west have shorter growing
seasons. To the south of the proposed
AVA, the growing season is longer.
Annual precipitation amounts in the
region south of the proposed AVA are
higher, while the precipitation amounts
in the region to the west are lower than
those found within the proposed AVA.
Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 153 in the
Federal Register on June 18, 2015 (80
FR 34857), proposing to establish the
Loess Hills District AVA. In the
document, TTB summarized the
evidence from the petition regarding the
name, boundary, and distinguishing
features for the proposed AVA. The
document also compared the
distinguishing features of the proposed
AVA to the features of the surrounding
areas. For a detailed description of the
evidence relating to the name,
boundary, and distinguishing features of
the proposed AVA, and for a detailed
comparison of the distinguishing
features of the proposed AVA to the
surrounding areas, see Notice No. 153.
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In Notice No. 153, TTB solicited
comments on the accuracy of the name,
boundary, and other required
information submitted in support of the
petition. The comment period closed on
August 17, 2015. TTB did not receive
any comments in response to Notice No.
153.
TTB Determination
After careful review of the petition,
TTB finds that the evidence provided by
the petitioner supports the
establishment of the Loess Hills District
AVA. Accordingly, under the authority
of the FAA Act, section 1111(d) of the
Homeland Security Act of 2002, and
parts 4 and 9 of the TTB regulations,
TTB establishes the ‘‘Loess Hills
District’’ AVA in western Iowa and
northwestern Missouri, effective 30 days
from the publication date of this
document.
Boundary Description
See the narrative description of the
boundary of the AVA in the regulatory
text published at the end of this final
rule.
Maps
The petitioner provided the required
maps, and they are listed below in the
regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name
or with a brand name that includes an
AVA name, at least 85 percent of the
wine must be derived from grapes
grown within the area represented by
that name, and the wine must meet the
other conditions listed in 27 CFR
4.25(e)(3). If the wine is not eligible for
labeling with an AVA name and that
name appears in the brand name, then
the label is not in compliance and the
bottler must change the brand name and
obtain approval of a new label.
Similarly, if the AVA name appears in
another reference on the label in a
misleading manner, the bottler would
have to obtain approval of a new label.
Different rules apply if a wine has a
brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
With the establishment of this AVA,
its name, ‘‘Loess Hills District,’’ will be
recognized as a name of viticultural
significance under § 4.39(i)(3) of the
TTB regulations (27 CFR 4.39(i)(3)). The
text of the regulation clarifies this point.
Consequently, wine bottlers using the
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name ‘‘Loess Hills District’’ in a brand
name, including a trademark, or in
another label reference as to the origin
of the wine, will have to ensure that the
product is eligible to use the AVA name
as an appellation of origin. TTB is not
designating ‘‘Loess Hills,’’ standing
alone, as a term of viticultural
significance due to the current use of
‘‘Loess Hills,’’ standing alone, as a brand
name on wine labels.
The establishment of the Loess Hills
District AVA will not affect any existing
AVA. The establishment of the Loess
Hills District AVA will allow vintners to
use ‘‘Loess Hills District’’ as an
appellation of origin for wines made
primarily from grapes grown within the
Loess Hills District AVA if the wines
meet the eligibility requirements for the
appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will
not have a significant economic impact
on a substantial number of small
entities. The regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of an AVA name
would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
TTB has determined that this final
rule is not a significant regulatory action
as defined by Executive Order 12866 of
September 30, 1993. Therefore, no
regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this final
rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, TTB amends title 27, chapter
I, part 9, Code of Federal Regulations, as
follows:
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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. Add § 9.255 to read as follows:
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§ 9.255
Loess Hills District.
(a) Name. The name of the viticultural
area described in this section is ‘‘Loess
Hills District’’. For purposes of part 4 of
this chapter, ‘‘Loess Hills District’’ is a
term of viticultural significance.
(b) Approved maps. The 13 United
States Geological Survey (USGS)
1:100,000 scale topographic maps used
to determine the boundary of the Loess
Hills District viticultural area are titled:
(1) Rock Rapids, Iowa-South Dakota,
1985;
(2) Sioux City North, Iowa-South
Dakota-Nebraska, 1986; photoinspected
1990;
(3) Storm Lake, Iowa, 1985;
photoinspected 1990;
(4) Ida Grove, Iowa, 1985;
photoinspected 1990;
(5) Carroll, Iowa, 1993;
(6) Guthrie Center, Iowa, 1993;
(7) Creston, Iowa, 1993;
(8) Omaha, Nebraska-Iowa, 1985;
photoinspected, 1990;
(9) Nebraska City, Nebraska-IowaMissouri, 1993;
(10) Falls City, Nebraska-Missouri,
1986; photoinspected 1991;
(11) Harlan, Iowa-Nebraska, 1980;
(12) Blair, Nebraska-Iowa, 1986;
photoinspected 1988; and
(13) Sioux City South, Iowa-NebraskaSouth Dakota, 1986; photoinspected
1990.
(c) Boundary. The Loess Hills District
viticultural area is located in Fremont,
Page, Mills, Montgomery,
Pottawattamie, Cass, Harrison, Shelby,
Audubon, Monona, Crawford, Carroll,
Woodbury, Ida, Sac, Plymouth, and
Sioux Counties in western Iowa and
Atchison and Holt Counties in
northwestern Missouri. The boundary of
the Loess Hills District viticultural area
is as described below:
(1) The beginning point is on the Rock
Rapids, Iowa-South Dakota map, in
Sioux County, Iowa, at the intersection
of the Big Sioux River and an unnamed
road known locally as County Road B30
(360th Street), east of Hudson, South
Dakota. From the beginning point,
proceed east on County Road B30
approximately 3 miles to a road known
locally as County Road K22 (Coolidge
Avenue); then
(2) Proceed south on County Road
K22 approximately 3 miles to a road
known locally as County Road B40
(390th Street); then
(3) Proceed east on County Road B40
approximately 4 miles to a road known
locally as County Road K30 (Eagle
Avenue); then
(4) Proceed south on County Road
K30 approximately 13.1 miles, crossing
onto the Sioux City North, Iowa-South
Dakota-Nebraska map and continuing
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11115
into Plymouth County, Iowa, to a road
known locally as County Road C12
(110th Street), at Craig, Iowa; then
(5) Proceed east on County Road C12
approximately 2 miles to a road known
locally as County Road K42 (Jade
Avenue), at the marked 436-meter
elevation point; then
(6) Proceed south on County Road
K42 approximately 10 miles to a road
known locally as County Road C38; then
(7) Proceed east on County Road C38
approximately 6.4 miles to a road
known locally as County Road K49 (7th
Avenue SE), approximately 2 miles
south of La Mars, Iowa; then
(8) Proceed south on County Road
K49 approximately 4 miles to a road
known locally as County Road C44
(230th Street); then
(9) Proceed east on County Road C44
approximately 5 miles to a road known
locally as County Road K64 (Oyens
Avenue); then
(10) Proceed south on County Road
K64 approximately 4.1 miles to a road
known locally as County Road C60
(290th Street); then
(11) Proceed east on County Road C60
approximately 5 miles, crossing onto the
Storm Lake, Iowa map, to State Highway
140; then
(12) Proceed south on State Highway
140 approximately 3.2 miles to a road
known locally as County Road L14
(Knox Avenue) in Kingsley, Iowa; then
(13) Proceed south on County Road
L14 approximately 2.7 miles, crossing
into Woodbury County, Iowa, to a road
known locally as County Road D12
(110th Street); then
(14) Proceed east on County Road D12
approximately 5 miles to a road known
locally as County Road L25 (Minnesota
Avenue) near Pierson, Iowa; then
(15) Proceed south on County Road
L25 approximately 4.5 miles, crossing
onto the Ida Grove, Iowa map, to U.S.
Highway 20; then
(16) Proceed east on U.S. Highway 20
approximately 22.5 miles, crossing into
Ida County, Iowa, to a road known
locally as County Road M25 (Market
Avenue); then
(17) Proceed south on County Road
M25 approximately 9.8 miles to State
Highway 175 east of Ida Grove, Iowa;
then
(18) Proceed east on State Highway
175 approximately 4.1 miles to a road
known locally as Country Highway M31
(Quail Avenue) near Arthur, Iowa; then
(19) Proceed south on Country
Highway M31 approximately 4.4 miles
to a road known locally as County Road
D59 (300th Street); then
(20) Proceed east on County Road D59
approximately 13 miles, crossing into
Sac County, Iowa, to a road known
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locally as County Road M64 (Needham
Avenue/Center Street) at Wall Lake,
Iowa; then
(21) Proceed south on County Road
M64 approximately 6.2 miles to a road
known locally as County Road E16
(120th Street); then
(22) Proceed east into Carroll County,
Iowa, on County Road E16
approximately 6 miles, crossing onto the
Carroll, Iowa map, to Breda, Iowa, and
then continue east on State Highway
217 (East Main Street) approximately 5
miles to U.S. Highway 71; then
(23) Proceed south on U.S. Highway
71 approximately 3 miles to a road
known locally as County Road E26
(140th Street); then
(24) Proceed east on County Road E26
approximately 5 miles to a road known
locally as County Road N38 (Quail
Avenue); then
(25) Proceed south on County Road
N38 approximately 5 miles to U.S.
Highway 30 (Lincoln Highway); then
(26) Proceed east on U.S. Highway 30
approximately 3 miles to a road known
locally as County Road N44 (Colorado
Street) in Glidden, Iowa; then
(27) Proceed south on County Road
N44 approximately 8 miles, crossing
onto the Guthrie Center, Iowa map, to a
road known locally as County Road E57
(280th Street); then
(28) Proceed east on County Road E57
approximately 2 miles to a road known
locally as County Road N44 (Velvet
Avenue); then
(29) Proceed south on County Road
N44 approximately 5.4 miles to State
Highway 141 (330th Street) at Coon
Rapids, Iowa; then
(30) Proceed west on State Highway
141 approximately 12 miles to U.S.
Highway 71 at Lynx Avenue southeast
of Templeton, Iowa; then
(31) Proceed south on U.S. Highway
71 approximately 35.9 miles, crossing
into Audubon County, Iowa, and then
Cass County, Iowa, and onto the
Creston, Iowa map, to U.S. Highway 6/
State Highway 83 east of Atlantic, Iowa;
then
(32) Proceed west, then southwest,
then west on U.S. Highway 6
approximately 18.9 miles, crossing onto
the Omaha, Nebraska-Iowa map and
into Pottawattamie County, Iowa, to a
road known locally as County Road M47
(500th Street) approximately 1 mile
west of Walnut Creek; then
(33) Proceed south on County Road
M47 approximately 12 miles, crossing
into Montgomery County, Iowa to a road
known locally as County Road H12
(110th Street); then
(34) Proceed west on County Road
H12 approximately 8.9 miles, crossing
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into Mills County, Iowa, to U.S.
Highway 59; then
(35) Proceed south on U.S. Highway
59 approximately 20.2 miles, crossing
onto the Nebraska City, Nebraska-IowaMissouri map and into Page County,
Iowa, to a road known locally as County
Road J14 (130th Street); then
(36) Proceed east on County Road J14
approximately 4 miles to a road known
locally as County Road M41 (D Avenue);
then
(37) Proceed south on County Road
M41 approximately 1.7 miles to State
Highway 48 at Essex, Iowa; then
(38) Proceed northeast then east on
State Highway 48 approximately 1.2
miles to a road known locally as County
Road M41 (E Avenue); then
(39) Proceed south on County Road
M41 approximately 7 miles to State
Highway 2 (210th Street); then
(40) Proceed east on State Highway 2
approximately 8 miles to a road known
locally as M Avenue; then
(41) Proceed south on M Avenue, then
east on a road known locally as County
Road M60 (Maple Avenue),
approximately 6.4 total miles, to a road
known locally as County Road J52
(270th Street); then
(42) Proceed south in a straight line
approximately 3.5 miles to the
intersection of 304th Street and Maple
Avenue (approximately 1.2 miles
southwest of College Springs, Iowa), and
then continue south on Maple Avenue
for 0.5 mile to a road known locally as
County Road J64 (310th Street); then
(43) Proceed west on County Road J64
approximately 4.5 miles to a road
known locally as County Road M48
(Hackberry Avenue); then
(44) Proceed south on County Road
M48 approximately 1.2 miles to the
Iowa-Missouri State line at Blanchard,
Iowa, and, crossing into Atchison
County, Missouri, where County Road
M48 becomes State Road M, and
continue generally south on State Road
M approximately 11.2 miles, crossing
onto the Falls City, Nebraska-Missouri
map, to U.S. Highway 136; then
(45) Proceed west on U.S. Highway
136 approximately 1 mile to State Road
N; then
(46) Proceed south on State Road N 15
miles, crossing into Holt County,
Missouri, to State Road C; then
(47) Proceed west then south on State
Road C approximately 3 miles to U.S.
Highway 59; then
(48) Proceed northwest on U.S.
Highway 59 approximately 2 miles to
the highway’s first intersection with
Interstate Highway 29 near Craig,
Missouri; then
(49) Proceed generally north along
Interstate Highway 29, crossing into
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Atchison County, Missouri, and onto
the Nebraska City, Nebraska-IowaMissouri map, and continuing into
Freemont County and Mills County,
Iowa, then crossing onto the Omaha,
Nebraska-Iowa map and into
Pottawattamie County, Iowa; then
crossing onto the Harlan, Iowa-Nebraska
map and into Harrison County, Iowa;
then continuing onto the Blair,
Nebraska-Iowa map and into Monona
County, Iowa; then crossing onto the
Sioux City South, Iowa-Nebraska-South
Dakota Map and into Woodbury County
for a total of approximately 185 miles,
to the intersection of Interstate Highway
29 with the Big Sioux River at Sioux
City, Iowa; then
(50) Proceed generally north
(upstream) along the meandering Big
Sioux River, crossing onto the Sioux
City North, Iowa-South Dakota-Nebraska
map and into Plymouth County and
Sioux County, Iowa, and continuing
onto the Rock Rapids, Iowa-South
Dakota map for a total of approximately
50 miles, returning to the beginning
point.
Signed: January 29, 2016.
John J. Manfreda,
Administrator.
Approved: February 11, 2016.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
[FR Doc. 2016–04760 Filed 3–2–16; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 706
Certifications and Exemptions Under
the International Regulations for
Preventing Collisions at Sea, 1972
Department of the Navy, DoD.
Final rule.
AGENCY:
ACTION:
The Department of the Navy
(DoN) is amending its certifications and
exemptions under the International
Regulations for Preventing Collisions at
Sea, 1972 (72 COLREGS), to reflect that
the Deputy Assistant Judge Advocate
General (DAJAG) (Admiralty and
Maritime Law) has determined that USS
JOHN P MURTHA (LPD 26) is a vessel
of the Navy which, due to its special
construction and purpose, cannot fully
comply with certain provisions of the 72
COLREGS without interfering with its
special function as a naval ship. The
intended effect of this rule is to warn
mariners in waters where 72 COLREGS
apply.
SUMMARY:
E:\FR\FM\03MRR1.SGM
03MRR1
]]>Agencies
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Rules and Regulations]
[Pages 11113-11116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04760]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2015-0009; T.D. TTB-135; Ref: Notice No. 153]
RIN 1513-AC20
Establishment of the Loess Hills District Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes
the approximately 12,897-square mile ``Loess Hills District''
viticultural area in western Iowa and northwestern Missouri. This new
viticultural area is not located within any other viticultural area.
TTB designates viticultural areas to allow vintners to better describe
the origin of their wines and to allow consumers to better identify
wines they may purchase.
DATES: This final rule is effective April 4, 2016.
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, superseding Treasury Order 120-01 (Revised), ``Alcohol and
Tobacco Tax and Trade Bureau,'' dated January 24, 2003), to the TTB
Administrator to perform the functions and duties in the administration
and enforcement of these laws.
Part 4 of the TTB regulations (27 CFR part 4) authorizes 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 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;
[[Page 11114]]
A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Loess Hills District Petition
TTB received a petition from Shirley Frederiksen, on behalf of the
Western Iowa Grape Growers Association and the Golden Hills Resource
Conservation and Development organization proposing the establishment
of the ``Loess Hills District'' AVA in western Iowa and northwestern
Missouri. The proposed AVA covers a long, narrow north-south orientated
swath of land along the Big Sioux and Missouri Rivers, covering 12,897
square miles from Hawarden, Iowa, to Craig, Missouri. There are
approximately 66 commercially-producing vineyards covering a total of
112 acres distributed throughout the proposed AVA, along with 13
wineries. The proposed Loess Hills District AVA is not located within
any established AVA.
According to the petition, the distinguishing features of the
proposed Loess Hills District AVA are its soil, topography, and
climate. The proposed AVA is located in a region characterized by
extremely deep layers of wind-deposited soil called ``loess.'' Loess is
a loose, crumbly soil comprised of quartz, feldspar, mica, and other
materials which were ground into a fine powder by glaciers during the
Ice Ages. When the glaciers melted, the water pushed this glacial flour
down the Missouri River Valley. When the waters receded, the exposed
silt dried and was picked up by the prevailing westerly winds and
redeposited over broad areas.
The heaviest, coarsest loess particles were deposited along the
Missouri River, within the proposed Loess Hills District AVA, and
formed a landscape of rolling-to-steep hills. According to the
petition, the rolling topography allows cold air to drain away from the
vineyards, thus reducing the threat of frost. By contrast, the terrain
in the regions to the north, south, and east of the proposed AVA is
marked by broadly undulating hills with shallower slopes and lower
elevations than are found within the proposed AVA. The terrain west of
the proposed AVA is dominated by wide, flat flood plains.
The loess deposits within the proposed AVA reach depths of up to
300 feet, which are the thickest deposits of loess within the United
States. The petition states that the thickness of the loess within the
proposed AVA enables roots to extend deep into the soil without being
stopped by a restrictive barrier such as denser soils or bedrock. The
lack of a restrictive barrier also allows water to drain away from the
roots quickly, which reduces the risk of fungal diseases and rot. In
comparison, in every direction outside the proposed AVA, the depth of
loess is 20 feet or less, which is significantly shallower than within
the proposed AVA.
The petition also states that the proposed Loess Hills District AVA
has a long growing season and relatively high annual precipitation
amounts. The early last-spring-frost date reduces the risk that tender
new buds and shoots will be damaged by spring frosts, and the late
first-fall-frost date allows adequate time for late-maturing varieties
of grapes, including Norton, Chambourcin, and Noiret, to ripen before
frost can damage the fruit. The high precipitation amounts provide
adequate hydration for the vines, so irrigation is seldom necessary
within the proposed AVA. However, the rainfall amounts also pose a risk
of erosion due to both the steepness of the hillsides and the loose,
crumbly nature of the soils. When compared to the proposed AVA, the
regions to the north, east, and west have shorter growing seasons. To
the south of the proposed AVA, the growing season is longer. Annual
precipitation amounts in the region south of the proposed AVA are
higher, while the precipitation amounts in the region to the west are
lower than those found within the proposed AVA.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 153 in the Federal Register on June 18,
2015 (80 FR 34857), proposing to establish the Loess Hills District
AVA. In the document, TTB summarized the evidence from the petition
regarding the name, boundary, and distinguishing features for the
proposed AVA. The document also compared the distinguishing features of
the proposed AVA to the features of the surrounding areas. For a
detailed description of the evidence relating to the name, boundary,
and distinguishing features of the proposed AVA, and for a detailed
comparison of the distinguishing features of the proposed AVA to the
surrounding areas, see Notice No. 153.
In Notice No. 153, TTB solicited comments on the accuracy of the
name, boundary, and other required information submitted in support of
the petition. The comment period closed on August 17, 2015. TTB did not
receive any comments in response to Notice No. 153.
TTB Determination
After careful review of the petition, TTB finds that the evidence
provided by the petitioner supports the establishment of the Loess
Hills District AVA. Accordingly, under the authority of the FAA Act,
section 1111(d) of the Homeland Security Act of 2002, and parts 4 and 9
of the TTB regulations, TTB establishes the ``Loess Hills District''
AVA in western Iowa and northwestern Missouri, effective 30 days from
the publication date of this document.
Boundary Description
See the narrative description of the boundary of the AVA in the
regulatory text published at the end of this final rule.
Maps
The petitioner provided the required maps, and they are listed
below in the regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in 27 CFR
4.25(e)(3). If the wine is not eligible for labeling with an AVA name
and that name appears in the brand name, then the label is not in
compliance and the bottler must change the brand name and obtain
approval of a new label. Similarly, if the AVA name appears in another
reference on the label in a misleading manner, the bottler would have
to obtain approval of a new label. Different rules apply if a wine has
a brand name containing an AVA name that was used as a brand name on a
label approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
With the establishment of this AVA, its name, ``Loess Hills
District,'' will be recognized as a name of viticultural significance
under Sec. 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The
text of the regulation clarifies this point. Consequently, wine
bottlers using the
[[Page 11115]]
name ``Loess Hills District'' in a brand name, including a trademark,
or in another label reference as to the origin of the wine, will have
to ensure that the product is eligible to use the AVA name as an
appellation of origin. TTB is not designating ``Loess Hills,'' standing
alone, as a term of viticultural significance due to the current use of
``Loess Hills,'' standing alone, as a brand name on wine labels.
The establishment of the Loess Hills District AVA will not affect
any existing AVA. The establishment of the Loess Hills District AVA
will allow vintners to use ``Loess Hills District'' as an appellation
of origin for wines made primarily from grapes grown within the Loess
Hills District AVA if the wines meet the eligibility requirements for
the appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of an AVA
name would be the result of a proprietor's efforts and consumer
acceptance of wines from that area. Therefore, no regulatory
flexibility analysis is required.
Executive Order 12866
TTB has determined that this final rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Add Sec. 9.255 to read as follows:
Sec. 9.255 Loess Hills District.
(a) Name. The name of the viticultural area described in this
section is ``Loess Hills District''. For purposes of part 4 of this
chapter, ``Loess Hills District'' is a term of viticultural
significance.
(b) Approved maps. The 13 United States Geological Survey (USGS)
1:100,000 scale topographic maps used to determine the boundary of the
Loess Hills District viticultural area are titled:
(1) Rock Rapids, Iowa-South Dakota, 1985;
(2) Sioux City North, Iowa-South Dakota-Nebraska, 1986;
photoinspected 1990;
(3) Storm Lake, Iowa, 1985; photoinspected 1990;
(4) Ida Grove, Iowa, 1985; photoinspected 1990;
(5) Carroll, Iowa, 1993;
(6) Guthrie Center, Iowa, 1993;
(7) Creston, Iowa, 1993;
(8) Omaha, Nebraska-Iowa, 1985; photoinspected, 1990;
(9) Nebraska City, Nebraska-Iowa-Missouri, 1993;
(10) Falls City, Nebraska-Missouri, 1986; photoinspected 1991;
(11) Harlan, Iowa-Nebraska, 1980;
(12) Blair, Nebraska-Iowa, 1986; photoinspected 1988; and
(13) Sioux City South, Iowa-Nebraska-South Dakota, 1986;
photoinspected 1990.
(c) Boundary. The Loess Hills District viticultural area is located
in Fremont, Page, Mills, Montgomery, Pottawattamie, Cass, Harrison,
Shelby, Audubon, Monona, Crawford, Carroll, Woodbury, Ida, Sac,
Plymouth, and Sioux Counties in western Iowa and Atchison and Holt
Counties in northwestern Missouri. The boundary of the Loess Hills
District viticultural area is as described below:
(1) The beginning point is on the Rock Rapids, Iowa-South Dakota
map, in Sioux County, Iowa, at the intersection of the Big Sioux River
and an unnamed road known locally as County Road B30 (360th Street),
east of Hudson, South Dakota. From the beginning point, proceed east on
County Road B30 approximately 3 miles to a road known locally as County
Road K22 (Coolidge Avenue); then
(2) Proceed south on County Road K22 approximately 3 miles to a
road known locally as County Road B40 (390th Street); then
(3) Proceed east on County Road B40 approximately 4 miles to a road
known locally as County Road K30 (Eagle Avenue); then
(4) Proceed south on County Road K30 approximately 13.1 miles,
crossing onto the Sioux City North, Iowa-South Dakota-Nebraska map and
continuing into Plymouth County, Iowa, to a road known locally as
County Road C12 (110th Street), at Craig, Iowa; then
(5) Proceed east on County Road C12 approximately 2 miles to a road
known locally as County Road K42 (Jade Avenue), at the marked 436-meter
elevation point; then
(6) Proceed south on County Road K42 approximately 10 miles to a
road known locally as County Road C38; then
(7) Proceed east on County Road C38 approximately 6.4 miles to a
road known locally as County Road K49 (7th Avenue SE), approximately 2
miles south of La Mars, Iowa; then
(8) Proceed south on County Road K49 approximately 4 miles to a
road known locally as County Road C44 (230th Street); then
(9) Proceed east on County Road C44 approximately 5 miles to a road
known locally as County Road K64 (Oyens Avenue); then
(10) Proceed south on County Road K64 approximately 4.1 miles to a
road known locally as County Road C60 (290th Street); then
(11) Proceed east on County Road C60 approximately 5 miles,
crossing onto the Storm Lake, Iowa map, to State Highway 140; then
(12) Proceed south on State Highway 140 approximately 3.2 miles to
a road known locally as County Road L14 (Knox Avenue) in Kingsley,
Iowa; then
(13) Proceed south on County Road L14 approximately 2.7 miles,
crossing into Woodbury County, Iowa, to a road known locally as County
Road D12 (110th Street); then
(14) Proceed east on County Road D12 approximately 5 miles to a
road known locally as County Road L25 (Minnesota Avenue) near Pierson,
Iowa; then
(15) Proceed south on County Road L25 approximately 4.5 miles,
crossing onto the Ida Grove, Iowa map, to U.S. Highway 20; then
(16) Proceed east on U.S. Highway 20 approximately 22.5 miles,
crossing into Ida County, Iowa, to a road known locally as County Road
M25 (Market Avenue); then
(17) Proceed south on County Road M25 approximately 9.8 miles to
State Highway 175 east of Ida Grove, Iowa; then
(18) Proceed east on State Highway 175 approximately 4.1 miles to a
road known locally as Country Highway M31 (Quail Avenue) near Arthur,
Iowa; then
(19) Proceed south on Country Highway M31 approximately 4.4 miles
to a road known locally as County Road D59 (300th Street); then
(20) Proceed east on County Road D59 approximately 13 miles,
crossing into Sac County, Iowa, to a road known
[[Page 11116]]
locally as County Road M64 (Needham Avenue/Center Street) at Wall Lake,
Iowa; then
(21) Proceed south on County Road M64 approximately 6.2 miles to a
road known locally as County Road E16 (120th Street); then
(22) Proceed east into Carroll County, Iowa, on County Road E16
approximately 6 miles, crossing onto the Carroll, Iowa map, to Breda,
Iowa, and then continue east on State Highway 217 (East Main Street)
approximately 5 miles to U.S. Highway 71; then
(23) Proceed south on U.S. Highway 71 approximately 3 miles to a
road known locally as County Road E26 (140th Street); then
(24) Proceed east on County Road E26 approximately 5 miles to a
road known locally as County Road N38 (Quail Avenue); then
(25) Proceed south on County Road N38 approximately 5 miles to U.S.
Highway 30 (Lincoln Highway); then
(26) Proceed east on U.S. Highway 30 approximately 3 miles to a
road known locally as County Road N44 (Colorado Street) in Glidden,
Iowa; then
(27) Proceed south on County Road N44 approximately 8 miles,
crossing onto the Guthrie Center, Iowa map, to a road known locally as
County Road E57 (280th Street); then
(28) Proceed east on County Road E57 approximately 2 miles to a
road known locally as County Road N44 (Velvet Avenue); then
(29) Proceed south on County Road N44 approximately 5.4 miles to
State Highway 141 (330th Street) at Coon Rapids, Iowa; then
(30) Proceed west on State Highway 141 approximately 12 miles to
U.S. Highway 71 at Lynx Avenue southeast of Templeton, Iowa; then
(31) Proceed south on U.S. Highway 71 approximately 35.9 miles,
crossing into Audubon County, Iowa, and then Cass County, Iowa, and
onto the Creston, Iowa map, to U.S. Highway 6/State Highway 83 east of
Atlantic, Iowa; then
(32) Proceed west, then southwest, then west on U.S. Highway 6
approximately 18.9 miles, crossing onto the Omaha, Nebraska-Iowa map
and into Pottawattamie County, Iowa, to a road known locally as County
Road M47 (500th Street) approximately 1 mile west of Walnut Creek; then
(33) Proceed south on County Road M47 approximately 12 miles,
crossing into Montgomery County, Iowa to a road known locally as County
Road H12 (110th Street); then
(34) Proceed west on County Road H12 approximately 8.9 miles,
crossing into Mills County, Iowa, to U.S. Highway 59; then
(35) Proceed south on U.S. Highway 59 approximately 20.2 miles,
crossing onto the Nebraska City, Nebraska-Iowa-Missouri map and into
Page County, Iowa, to a road known locally as County Road J14 (130th
Street); then
(36) Proceed east on County Road J14 approximately 4 miles to a
road known locally as County Road M41 (D Avenue); then
(37) Proceed south on County Road M41 approximately 1.7 miles to
State Highway 48 at Essex, Iowa; then
(38) Proceed northeast then east on State Highway 48 approximately
1.2 miles to a road known locally as County Road M41 (E Avenue); then
(39) Proceed south on County Road M41 approximately 7 miles to
State Highway 2 (210th Street); then
(40) Proceed east on State Highway 2 approximately 8 miles to a
road known locally as M Avenue; then
(41) Proceed south on M Avenue, then east on a road known locally
as County Road M60 (Maple Avenue), approximately 6.4 total miles, to a
road known locally as County Road J52 (270th Street); then
(42) Proceed south in a straight line approximately 3.5 miles to
the intersection of 304th Street and Maple Avenue (approximately 1.2
miles southwest of College Springs, Iowa), and then continue south on
Maple Avenue for 0.5 mile to a road known locally as County Road J64
(310th Street); then
(43) Proceed west on County Road J64 approximately 4.5 miles to a
road known locally as County Road M48 (Hackberry Avenue); then
(44) Proceed south on County Road M48 approximately 1.2 miles to
the Iowa-Missouri State line at Blanchard, Iowa, and, crossing into
Atchison County, Missouri, where County Road M48 becomes State Road M,
and continue generally south on State Road M approximately 11.2 miles,
crossing onto the Falls City, Nebraska-Missouri map, to U.S. Highway
136; then
(45) Proceed west on U.S. Highway 136 approximately 1 mile to State
Road N; then
(46) Proceed south on State Road N 15 miles, crossing into Holt
County, Missouri, to State Road C; then
(47) Proceed west then south on State Road C approximately 3 miles
to U.S. Highway 59; then
(48) Proceed northwest on U.S. Highway 59 approximately 2 miles to
the highway's first intersection with Interstate Highway 29 near Craig,
Missouri; then
(49) Proceed generally north along Interstate Highway 29, crossing
into Atchison County, Missouri, and onto the Nebraska City, Nebraska-
Iowa-Missouri map, and continuing into Freemont County and Mills
County, Iowa, then crossing onto the Omaha, Nebraska-Iowa map and into
Pottawattamie County, Iowa; then crossing onto the Harlan, Iowa-
Nebraska map and into Harrison County, Iowa; then continuing onto the
Blair, Nebraska-Iowa map and into Monona County, Iowa; then crossing
onto the Sioux City South, Iowa-Nebraska-South Dakota Map and into
Woodbury County for a total of approximately 185 miles, to the
intersection of Interstate Highway 29 with the Big Sioux River at Sioux
City, Iowa; then
(50) Proceed generally north (upstream) along the meandering Big
Sioux River, crossing onto the Sioux City North, Iowa-South Dakota-
Nebraska map and into Plymouth County and Sioux County, Iowa, and
continuing onto the Rock Rapids, Iowa-South Dakota map for a total of
approximately 50 miles, returning to the beginning point.
Signed: January 29, 2016.
John J. Manfreda,
Administrator.
Approved: February 11, 2016.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2016-04760 Filed 3-2-16; 8:45 am]
BILLING CODE 4810-31-P
