Proposed Establishment of the Dahlonega Plateau Viticultural Area, 86980-86987 [2016-28839]
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Opportunity process. As a result of
implementing those policies and
procedures, we propose establishing the
Anti-Harassment system to manage
information regarding allegations of
workplace harassment filed by SSA
employees and SSA contractors alleging
harassment by another SSA employee,
as well as allegations of workplace
harassment filed by SSA employees
alleging harassment by an SSA
contractor.
We propose establishing the AntiHarassment system as part of our
compliance efforts under Title VII of the
Civil Rights Act of 1964; the Age
Discrimination in Employment Act of
1967; the Americans with Disabilities
Act of 1990 (ADA); the ADA
Amendments Act of 2008; the
Notification and Federal Employee
Antidiscrimination and Retaliation Act
of 2002 (No FEAR Act); and the Genetic
Information Nondiscrimination Act of
2008 (GINA); and Executive Orders
11478, 11246, 13152, and 13087. These
legal authorities prohibit
discrimination, including harassment,
based on sex, race, color, religion,
national origin, age, disability, genetic
information, or other protected basis.
The Anti-Harassment System will
capture and house information
regarding allegations of workplace
harassment filed by SSA employees and
SSA contractors alleging harassment by
another SSA employee, and any
investigation, or response, we take
because of the allegation. Due to the
investigatory nature of information that
will be maintained in this system of
records, this proposed rule would add
the Anti-Harassment System to the list
of SSA systems that are exempt from
specific provisions of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
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Rulemaking Analyses and Notices
All comments received on or before
the close of business on the comment
closing date indicated above will be
considered and will be available for
examination in the docket at the above
address. Comments received after the
comment closing date will be filed in
the docket and will be considered to the
extent practicable. A final rule may be
published at any time after close of the
comment period.
Clarity of This Rule
Executive Order 12866, as
supplemented by Executive Order
13563, requires each agency to write all
rules in plain language. In addition to
your substantive comments on this
proposed rule, we invite your comments
on how to make the rule easier to
understand.
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For example:
• Would more, but shorter, sections
be better?
• Are the requirements in the rule
clearly stated?
• Have we organized the material to
suit your needs?
• Could we improve clarity by adding
tables, lists, or diagrams?
• What else could we do to make the
rule easier to understand?
• Does the rule contain technical
language or jargon that is not clear?
• Would a different format make the
rule easier to understand, e.g. grouping
and order of sections, use of headings,
paragraphing?
Regulatory Procedures
SSA will publish a final rule
responding to any comments received
and, if appropriate, will amend
provisions of the rule.
Executive Order 12866, as
Supplemented by Executive Order
13563
We consulted with the Office of
Management and Budget (OMB) and
determined that this proposed rule does
not meet the criteria for a significant
regulatory action under Executive Order
12866, as supplemented by Executive
Order 13563. Therefore, OMB did not
review it.
We also determined that this
proposed rule meets the plain language
requirement of Executive Order 12866.
Executive Order 13132 (Federalism)
This proposed rule was analyzed in
accordance with the principles and
criteria established by Executive Order
13132, and SSA determined that the
proposed rule will not have sufficient
Federalism implications to warrant the
preparation of a Federalism assessment.
SSA also determined that this proposed
rule will not preempt any State law or
State regulation or affect the States’
abilities to discharge traditional State
governmental functions.
Executive Order 12372
(Intergovernmental Review)
Paperwork Reduction Act
This proposed rule does not create
any new or affect any existing
collections and, therefore, do not
require Office of Management and
Budget approval under the Paperwork
Reduction Act.
List of Subjects in 20 CFR Part 401
Privacy and disclosure of official
records and information.
Carolyn W. Colvin,
Acting Commissioner of Social Security.
For the reasons stated in the
preamble, we are proposing to amend
subpart B of part 401 of title 20 of the
Code of Federal Regulations as set forth
below:
PART 401—PRIVACY AND
DISCLOSURE OF OFFICIAL RECORDS
AND INFORMATION
Subpart B—[Amended]
1. The authority citation for subpart B
of part 401 continues to read as follows:
■
Authority: Secs. 205, 702(a)(5), 1106, and
1141 of the Social Security Act (42 U.S.C.
405, 902(a)(5), 1306, and 1320b–11); 5 U.S.C.
552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103;
30 U.S.C. 923.
2. Amend § 401.85, by adding
paragraph (b)(2)(ii)(F) to read as follows:
■
§ 401.85
Exempt Systems.
*
*
*
*
*
(b) * * *
(2) * * *
(ii) * * *
(F) Anti-Harassment & Hostile Work
Environment Case Tracking and Records
System, SSA.
*
*
*
*
*
[FR Doc. 2016–28919 Filed 12–1–16; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
The regulations effectuating Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities apply to
this proposed rule.
27 CFR Part 9
Regulatory Flexibility Act
Proposed Establishment of the
Dahlonega Plateau Viticultural Area
We certify that this proposed rule will
not have a significant economic impact
on a substantial number of small entities
because it affects individuals only.
Therefore, the Regulatory Flexibility
Act, as amended, does not require us to
prepare a regulatory flexibility analysis.
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[Docket No. TTB–2016–0012; Notice No.
166]
RIN 1513–AC33
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
SUMMARY:
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establish the 133-square mile
‘‘Dahlonega Plateau’’ viticultural area in
portions of Lumpkin and White
Counties, Georgia. The proposed
viticultural area does not lie within or
contain any established viticultural
area. TTB designates viticultural areas
to allow vintners to better describe the
origin of their wines and to allow
consumers to better identify wines they
may purchase. TTB invites comments
on this proposed addition to its
regulations.
Comments must be received by
January 31, 2017.
ADDRESSES: Please send your comments
on this notice to one of the following
addresses:
• Internet: https://www.regulations.gov
(via the online comment form for this
notice as posted within Docket No.
TTB–2016–0012 at ‘‘Regulations.gov,’’
the Federal e-rulemaking portal);
• U.S. Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Suite
400, Washington, DC 20005.
See the Public Participation section of
this notice for specific instructions and
requirements for submitting comments,
and for information on how to request
a public hearing or view or obtain
copies of the petition and supporting
materials.
DATES:
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G St. NW.,
Box 12, Washington, DC 20005; phone
202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
jstallworth on DSK7TPTVN1PROD with PROPOSALS
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
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authorities through Treasury
Department Order 120–01, dated
December 10, 2013, (superseding
Treasury Order 120–01, dated January
24, 2003), to the TTB Administrator to
perform the functions and duties in the
administration and enforcement of these
provisions.
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 the standards for petitions for
the establishment or modification of
AVAs. Petitions to establish an AVA
must include the following:
• Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the viticultural area
name specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
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and distinguish it from adjacent areas
outside the proposed boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Dahlonega Plateau Petition
TTB received a petition from Amy
Booker, President of the Dahlonega–
Lumpkin Chamber & Visitors Bureau, on
behalf of local vineyard and winery
owners, proposing to establish the
‘‘Dahlonega Plateau’’ AVA. The
proposed AVA is located in portions of
Lumpkin and White Counties, in
Georgia. The proposed AVA
encompasses approximately 133 square
miles. Seven wineries and 8 commercial
vineyards covering a total of
approximately 110 acres are distributed
throughout the proposed AVA. The
petition notes that there are an
additional 12 acres of vineyards
planned for planting within the
proposed AVA in the next few years.
According to the petition, the
distinguishing features of the proposed
Dahlonega Plateau AVA are its
topography and climate. Unless
otherwise noted, all information and
data pertaining to the proposed AVA
contained in this document are from the
petition for the proposed Dahlonega
Plateau AVA and its supporting
exhibits.
Name Evidence
The proposed Dahlonega Plateau AVA
derives its name from a long, narrow,
northeast-southwest trending plateau in
the northern foothills of the Georgia
Piedmont known as the Dahlonega
Plateau. The plateau covers most of
Lumpkin, Dawson, White, Pickens, and
Cherokee Counties. However, the
proposed AVA is limited to the
northeastern portion of the plateau, in
Lumpkin and White Counties, due to a
lack of viticulture in the southwestern
region of the plateau, as well
topographical and climatic differences.
The town of Dahlonega, which is
located within the proposed AVA,
derived its name from the Cherokee
word ‘‘dalonige,’’ which means
‘‘yellow’’ or ‘‘golden,’’ due to the
presence of gold in the region. The town
was named in 1837, and the geological
feature derives its name, in part, from
the name of the town. The petition
states that the first written reference to
the plateau was in a 1911 scientific
paper by geologist L.C. Glenn, who
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noted, ‘‘In the Chestatee basin about [the
town of] Dahlonega the upland is an
old, well-dissected plateau * * *.’’ 1
The petition lists several other
professional papers and books, both
historical and contemporary, which
describe a geological feature known as
the ‘‘Dahlonega Plateau.’’ These sources
are listed in the ‘‘References’’ section of
the petition. Additionally, an excerpt
from a contemporary travel guide
describes the region of the proposed
AVA as follows: ‘‘In the northeastern
section of the Piedmont lies the
Dahlonega Plateau, a deeply eroded
region of steep, forested hills and
narrow valleys * * *.’’ 2 An online
travel site states, ‘‘A broad, high plain
shadowed by some of Georgia’s highest
mountains, the Dahlonega Plateau offers
near perfect growing conditions [for
wine grapes].’’ 3 Finally, the petition
includes a 1976 map of the
physiographic regions of Georgia, from
the Georgia Department of Natural
Resources, which includes a region
titled ‘‘Dahlonega Uplands/Dahlonega
Plateau.’’
Boundary Evidence
The northern and northeastern
boundaries of the proposed Dahlonega
Plateau AVA follow the 1,800-foot
elevation contour and separate the
proposed AVA from the higher, steeper
slopes of the Blue Ridge Mountains. The
proposed eastern and southeastern
boundaries follow a series of straight
lines drawn between roads and
elevation points marked on the USGS
maps which separate the proposed AVA
from the physiographic features known
as the Hightower Ridges and the Central
Uplands. The proposed southwestern
and western boundaries also follow a
series of straight lines drawn between
roads and elevation points on the USGS
maps in order to separate the proposed
AVA from the southwestern portion of
the plateau, which has a different
topography and climate.
Distinguishing Features
The distinguishing features of the
proposed Dahlonega Plateau AVA are its
topography and climate.
Topography
The topography of the proposed AVA
is characterized by broad, rounded
hilltops separated by wide valleys.
According to the petition, the
distinctive topography is due to the
underlying geology of the proposed
AVA, which is comprised of layers of
rocks that weather uniformly and are
moderately resistant to erosion. Over
time, wind and water have gradually
worn down the underlying rocks and
formed a gently rolling landscape with
moderate elevations that are lower than
the elevations to the north and east and
higher than the elevations to the south
and west.
By contrast, the geology of Blue Ridge
Mountains to the north and northeast of
the proposed AVA is comprised of rocks
that are structurally higher and more
erosion-resistant than those of the
proposed AVA. Because the rocks do
not erode as easily, the Blue Ridge
Mountains generally have higher
elevations than are found within the
proposed Dahlonega Plateau AVA.
Additionally, the peaks within the Blue
Ridge Mountains are more rugged and
the slopes are steeper because the
surfaces have not been as softened or
rounded by erosion as the hilltops of the
proposed AVA.
To the immediate east and southeast
of the proposed AVA are the Hightower
Ridges. The geology of these ridges is
characterized by strongly-layered,
alternating zones of weak rocks and
more resistant rocks. These alternating
zones have a strong northeast-southwest
orientation. Because these layers erode
at different rates, the resulting
topography has a ‘‘washboard’’
appearance, with steep, parallel ridges
(formed from the more resistant layers)
separated by narrow valleys (formed
from the less resistant layers). Compared
to the proposed AVA, the valleys
generally have lower minimum
elevations and the ridges generally have
higher maximum elevations. Farther
south and running parallel to the
Hightower Ridges is the Central
Uplands region. The topography of this
region is similar to that of the proposed
AVA, with broad valleys and rolling
hills, but with a wider range of
elevations.
To the west and southwest of the
proposed AVA, in the southwestern
portion of the geological feature known
as the Dahlonega Plateau, the
underlying geology is comprised of
rocks that are less erosion-resistant and
structurally lower than the rocks in the
northeastern portion of the plateau,
which are within the proposed AVA.
Because the rocks are more susceptible
to erosion, the topography of the
southwestern portion of the plateau is
generally flatter and lower than within
the proposed AVA.
The following table shows the
minimum, maximum, and mean
elevations for the proposed Dahlonega
Plateau AVA and the surrounding areas,
which were described in the petition.4
TABLE 1—ELEVATIONS 5
Elevations
(in feet)
Region
(direction)
Minimum
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Proposed AVA .............................................................................................................................
Blue Ridge Mountains (north) ......................................................................................................
Blue Ridge Mountains (northeast) ...............................................................................................
Hightower Ridges (east) ..............................................................................................................
Central Uplands (east) .................................................................................................................
Hightower Ridges (southeast) .....................................................................................................
Central Uplands (southeast) ........................................................................................................
Southwestern Dahlonega Plateau (west) ....................................................................................
1,141.7
1,651.7
1,441.1
1,317.1
1,088.2
1,053.3
1,069.5
858.6
Maximum
2,345.8
4,460.2
4,418.8
2,386.4
3,164.5
2,180.8
2,584.4
2,033.2
Mean
1,554.2
2,455.4
2,449.6
1,565.2
1,446.5
1,315.0
1,256.8
1,386.3
The topography of the proposed
Dahlonega Plateau AVA and the
surrounding regions has an effect on
viticulture. Because the hills within the
proposed AVA are gently sloped and
have moderate elevations, the floors of
1 Glenn, L.C., 1911, Denudation and Erosion in
the Southern Appalachian Region and in the
Monongahela Basin: U.S. Geological Survey, Prof.
Paper 72.
2 Howard, Blair. Georgia Travel Adventures. West
Palm Beach, FL: Hunter Publishing, Inc., 2011.
3 https://www.offbeattravel.com/dahlonegageorgia.html.
4 Figure 7 of the petition shows the location of the
comparison regions in relation to the proposed
AVA.
5 This information is also presented as a map in
Figure 8 of the petition.
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the intervening valleys are not highly
shadowed and receive adequate sunlight
for vineyards. The hillsides within the
proposed AVA are also suitable for
vineyards because they are not so steep
as to make mechanical cultivation
difficult or dangerous. The petition also
states that the proposed AVA’s location
between higher and lower elevations
allows cool nighttime air draining from
the higher elevations of the Blue Ridge
Mountains to flow through the proposed
AVA and into the lower elevations to
the south and west. As a result,
vineyards within the proposed AVA
benefit from cool nighttime
temperatures but do not have a high risk
of frost because the cool air does not
settle.
By contrast, the petition states that the
topography of the regions surrounding
the proposed AVA is less suitable for
vineyards. Within the Blue Ridge
Mountains and Hightower Ridges to the
north, east, and southeast of the
proposed AVA, the narrow valleys are
often shadowed by the surrounding
steep, high slopes, meaning less light
would reach any vineyard planted on
the valley floors. The steepness of the
slopes would also make mechanical
cultivation of any vineyard planted on
the sides of the mountains impractical.
In the lower elevations of the regions to
the south and west of the proposed
AVA, cool air draining from higher
elevations eventually settles and pools
and would increase the risk of frost
damage in any vineyard planted there.
Climate
Topography, and more specifically
elevation, also affects the climate of the
proposed Dahlonega Plateau AVA and
the surrounding regions. The petition
included information on the length of
the growing season, growing degree day
accumulations, and precipitation
amounts within the proposed AVA and
the surrounding regions. According to
the petition, the proposed AVA’s
location between higher elevations to
the north, east, and southeast and lower
elevations to the southwest and west
create climatic conditions that are ideal
for growing grape varietals such as
Cabernet Franc, Cabernet Sauvignon,
Chardonnay, and Merlot.
Length of Growing Season: The
petition states that the length of the
growing season within the proposed
Dahlonega Plateau AVA provides ample
time for most Vitis vinifera (V. vinifera)
varietals of grapes to ripen. The petition
included the average minimum,
maximum, and mean length of the
growing season within the proposed
AVA and the surrounding areas.
Because the growing season length
within a given region may fluctuate
based on the range of elevations within
that region, the petition also listed the
percentage of terrain within each region
that is within a given range of growing
season length. The growing season data
is shown in the following tables.
TABLE 2—LENGTH OF GROWING SEASON (DAYS) 1981–2010 6
Region
(direction)
Minimum
Proposed AVA .............................................................................................................................
Blue Ridge Mountains (north) ......................................................................................................
Blue Ridge Mountains (northeast) ...............................................................................................
Hightower Ridges (east) ..............................................................................................................
Central Uplands (east) .................................................................................................................
Hightower Ridges (southeast) .....................................................................................................
Central Uplands (southeast) ........................................................................................................
Southwestern Dahlonega Plateau (west) ....................................................................................
167
94
95
166
139
173
159
178
Maximum
Mean
209
192
199
203
211
212
211
219
195
164
164
195
199
203
205
201
TABLE 3—PERCENTAGE OF TERRAIN WITHIN GIVEN RANGE OF GROWING SEASON LENGTH 7
Growing season length
Region
(direction)
<160 days
160–170 days
170–180 days
180–190 days
190–200 days
Proposed AVA .........................................
Blue Ridge Mountains (north) ..................
Blue Ridge Mountains (northeast) ...........
Hightower Ridges (east) ..........................
Central Uplands (east) .............................
Hightower Ridges (southeast) .................
Central Uplands (southeast) ....................
Southwestern Dahlonega Plateau (west)
........................
39.86
44.04
........................
0.25
........................
........................
........................
0.02
21.45
16.90
0.05
0.40
........................
0.07
........................
0.33
23.96
14.32
1.00
1.07
0.04
0.49
0.01
19.40
14.69
16.39
11.79
5.02
0.45
1.40
6.80
60.82
0.04
8.35
76.50
44.62
22.91
9.84
42.74
jstallworth on DSK7TPTVN1PROD with PROPOSALS
The data in Table 2 shows that the
mean growing season length is shorter
in regions with high elevations and
longer in regions with lower elevations.
6 Growing season length calculated using 1981–
2010 climate normals. Locations of weather stations
are shown in Figure 15 of the petition. ‘‘Growing
season’’ is defined as the number of days between
the last 28 degree F day of the spring and the first
occurrence of that temperature in the fall. Plant
tissue freezes at 28 degrees F. This information is
also presented as a map in Figure 17 of the petition.
7 This information is also presented as a map in
Figure 17 of the petition.
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The proposed Dahlonega Plateau AVA,
with its moderate elevations, has a mean
growing season length that is longer
than the regions to the north and
northeast, which have higher elevations,
and is shorter than the regions to the
south and west, which have lower
elevations.
Table 3 shows that over 60 percent of
the terrain within the proposed AVA
has a growing season length of 190 to
200 days, which is a higher percentage
of terrain with that length of a growing
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>200 days
19.43
........................
........................
10.66
48.63
76.60
88.19
50.45
season than any of the surrounding
regions except the Hightower Ridges
region to the east. The petition states
that guidelines for selecting vineyard
sites based on growing season lengths,
published by the College of Agriculture
and Life Sciences at Cornell University
in conjunction with the Institute for the
Application of Geospatial Technology,8
do not recommend planting vineyards
in regions with growing seasons shorter
8 https://arcserver2.iagt.org/vll/downloads/
BasicSiteEvaluation-2015.pdf.
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than 160 days because most grape
varietals will not have time to ripen
fully. Sites with growing seasons of
between 180 and 190 days are described
as ‘‘good,’’ while sites with growing
seasons between 190 and 200 days are
‘‘not limited by growing season.’’ Sites
with growing seasons of over 200 days
are considered suitable for growing
varietals that need a long time to
mature. Based on this guidance,
vineyard owners can plant many
different grape varietals in the majority
of the proposed AVA without the fear of
having too short of a growing season for
the grapes to ripen.
Growing Degree Days: The petition
notes that although growing season
length is important because it reflects
the number of frost-free days, the
temperatures that are reached during
that frost-free period are just as
important to viticulture. The petition
states that grape vines do not grow and
fruit does not mature when
temperatures are below 50 degrees
Fahrenheit (F). Therefore, a region that
has a 180-day frost-free growing season
would still be unsuitable for viticulture
if temperatures seldom or never rise
above 50 degrees F.
Growing degree day (GDD)
accumulations are a way of describing
the frequency that temperatures within
a region exceed 50 degrees F during the
growing season.9 The Winkler zone
scale ranges from the very cool Zone I,
for regions accumulating 2,500 or fewer
GDDs in a growing season, to the very
warm Zone V, for regions accumulating
over 4,000 GDDs. The petition included
the information in the following table
which shows the percentage of the
proposed AVA and the surrounding
areas that can be categorized into each
of the five Winkler zones.10
TABLE 4—PERCENTAGE OF TERRAIN WITHIN EACH WINKLER ZONE 11
Region
(direction)
Zone I
Zone II
Zone III
Zone IV
Zone V
Cooler to warmer
Proposed AVA .....................................................................
Blue Ridge Mountains (north) ..............................................
Blue Ridge Mountains (northeast) .......................................
Hightower Ridges (east) ......................................................
Central Uplands (east) .........................................................
South:
Hightower Ridges (southeast) ......................................
Central Uplands (southeast) .........................................
Southwestern Dahlonega Plateau (west) .....................
The data in the table shows that all of
the terrain within the proposed
Dahlonega Plateau AVA is classified in
the intermediate ranges of the Winkler
scale (Zones III and IV). The proposed
AVA has a higher percentage of terrain
within Zone IV than any of the
surrounding regions and lacks any
terrain in the very cool Zone I, the cool
Zone II, or the very warm Zone V.
According to the petition, regions
classified as Zones III or IV, such as the
proposed AVA, are suitable for growing
a diverse range of late-ripening varietals
of V. vinifera, including Cabernet
Sauvignon and Merlot. Regions that are
........................
........................
0.20
........................
........................
........................
0.76
5.83
........................
........................
0.16
90.91
83.94
9.02
2.35
98.84
8.33
10.03
90.98
97.65
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
0.05
0.50
........................
90.12
41.46
68.39
9.83
58.04
31.61
categorized as Zones I and II have
temperatures that are too low to ripen
the varietals grown within the proposed
AVA and are more suitable for growing
cold-hardy French–American hybrid
varietals and early ripening V. vinifera
varietals such as Riesling and Pinot
Noir. Finally, the petition states that
regions categorized as the very warm
Zone V are best suited for growing longseason varietals of wine grapes that
tolerate the high heat, such as
Muscadine, and for growing table
grapes.
Precipitation: According to the
petition, the rising elevations of the
proposed AVA and the regions to the
north and east cause the moisture-laden
winds travelling inland from the Gulf of
Mexico and Atlantic Ocean to drop their
rain. Areas with higher elevations
typically receive more annual rainfall
than regions with lower elevations. The
petition included information on the
mean annual, growing season, and
winter precipitation amounts for the
proposed Dahlonega Plateau AVA and
the surrounding regions. The following
table is derived from information
included in the petition. All data was
gathered from 1981–2010 climate
normals.
TABLE 5—MEAN PRECIPITATION AMOUNTS
[In inches] 12
Annual
Region
(direction)
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Proposed AVA ...........................
Blue Ridge Mountains (north) ...
Minimum
Maximum
60.36
59.48
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Mean
69.94
80.73
9 In the Winkler climate classification system,
annual heat accumulation during the growing
season, measured in annual GDDs, defines climatic
regions. One GDD accumulates for each degree
Fahrenheit that a day’s mean temperature is above
50 degrees F, the minimum temperature required
for grapevine growth. See Albert J. Winkler, General
Viticulture (Berkeley: University of California Press,
1974), pages 61–64.
VerDate Sep<11>2014
Growing season
(April–October)
Minimum
62.34
68.10
34.42
32.19
Maximum
38.40
44.52
10 The growing degree day data for the proposed
AVA and the surrounding regions was calculated
using the PRISM Climate Group’s 1981–2010
climate normals. The Parameter Elevation
Regression on Independent Slopes Model (PRISM)
climate data mapping system combined climate
normals gathered from weather stations, along with
other factors such as elevation, longitude, slope
angles, and solar aspect to estimate the general
climate patterns for the proposed AVA and the
surrounding regions. Climate normals are only
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Winter
(December–February)
Mean
Minimum
34.09
37.59
16.39
15.63
Maximum
19.65
22.43
Mean
17.40
18.80
calculated every 10 years, using 30 years of data,
and at the time the petition was submitted, the most
recent climate normals available were from the
period of 1981–2010. (PRISM Climate Group,
Oregon State University, https://
prism.oregonstate.edu, created 4 February 2004).
11 This information is also presented as a map in
Figure 19 of the petition.
12 This information is also presented as a map in
Figure 20 of the petition.
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TABLE 5—MEAN PRECIPITATION AMOUNTS—Continued
[In inches] 12
Annual
Region
(direction)
Blue Ridge Mountains (northeast) .......................................
Hightower Ridges (east) ...........
Central Uplands (east) ..............
Hightower Ridges (southeast) ...
Central Uplands (southeast) .....
Southwestern Dahlonega Plateau (west) .............................
Minimum
Maximum
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Minimum
Maximum
Mean
Minimum
Maximum
Mean
79.74
68.96
68.25
62.66
62.85
70.00
64.97
60.78
59.59
67.14
36.41
34.07
31.52
31.06
29.39
46.53
38.86
38.45
34.61
34.73
39.81
36.29
33.74
32.46
31.30
16.92
17.10
15.50
15.70
14.91
20.04
18.30
18.23
17.35
17.35
18.53
17.52
16.54
16.65
15.86
52.91
65.08
58.77
28.93
35.87
32.20
14.49
18.00
16.27
Summary of Distinguishing Features
In summary, the evidence provided in
the petition indicates that the
viticulturally significant geographic
features of the proposed Dahlonega
Plateau AVA distinguish it from the
surrounding regions in each direction.
With respect to topography, the
proposed AVA is characterized by
broad, rounded hilltops, wide valleys,
gentle slopes, and moderate elevations.
By contrast, the regions to the north and
northeast of the proposed AVA, within
the Blue Ridge Mountains, feature high
elevations and steep, rugged slopes. To
the east and southeast of the proposed
AVA, within the Hightower Ridges, the
topography has a ‘‘washboard’’
appearance, with high, steep ridges
15:02 Dec 01, 2016
Mean
Winter
(December–February)
65.31
61.86
57.03
56.81
53.87
The data in the table shows that
annual rainfall amounts within the
proposed AVA are in the intermediate
range. The regions to the north and east
generally receive more rainfall annually
than the proposed AVA, and the regions
to the south and west generally receive
less. The petition states that vineyard
irrigation within the proposed AVA is
seldom necessary because the average
annual amount of rainfall within the
proposed AVA is sufficient for the
adequate hydration of grapevines.
Finally, the petition states that the
amount of rainfall a region receives
during the winter months has an effect
on viticulture. Excessive precipitation
during the winter months can delay bud
break and/or pruning in vineyards,
which can lead to a late harvest and a
higher probability of fruit remaining on
the vine when damaging fall frosts
occur. Delayed bud break is less likely
within the proposed AVA than in the
higher elevations to the north and east
because the proposed AVA has lower
winter rainfall amounts. However, the
possibility of delayed bud break within
the proposed AVA is higher than within
the lower elevations of the regions to the
south and west, because those regions
typically receive less winter
precipitation.
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Growing season
(April–October)
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separated by narrow valleys. To the
west and southwest of the proposed
AVA, the topography is generally flatter
and elevations are lower.
Temperatures within the proposed
Dahlonega Plateau are suitable for
growing most V. vinifera varietals of
grapes. The mean growing season length
within the proposed AVA is longer than
within the regions to the north and
northeast and shorter than within the
regions to the south and west. With
respect to GDDs, the proposed AVA is
classified in the intermediate Winkler
Zones III and IV, with the majority of
the proposed AVA classified as Zone IV.
The regions to the north and northeast
of the proposed AVA are primarily
classified as Zone III and also contain
areas classified as Zones I and II. The
regions to the southeast and west have
areas that are classified as the very
warm Zone V.
Finally, precipitation amounts within
the proposed AVA provide sufficient
hydration for grapevines, making
irrigation seldom necessary. The regions
to the north and east of the proposed
AVA generally receive more rainfall,
and regions to the south and west
generally receive less.
TTB Determination
TTB concludes that the petition to
establish the Dahlonega Plateau
viticultural area merits consideration
and public comment, as invited in this
notice of proposed rulemaking.
Boundary Description
See the narrative description of the
boundary of the petitioned-for
viticultural area in the proposed
regulatory text published at the end of
this proposed rule.
Maps
The petitioner provided the required
maps, and they are listed below in the
proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
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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
viticultural area, its name, ‘‘Dahlonega
Plateau,’’ will be recognized as a name
of viticultural significance under
§ 4.39(i)(3) of the TTB regulations (27
CFR 4.39(i)(3)). The text of the proposed
regulation clarifies this point.
Consequently, wine bottlers using the
name ‘‘Dahlonega Plateau’’ in a brand
name, including a trademark, or in
another label reference as to the origin
of the wine, would have to ensure that
the product is eligible to use the
viticultural name as an appellation of
origin if this proposed rule is adopted
as a final rule. TTB is not proposing to
designate the term ‘‘Dahlonega,’’
standing alone, as a term of viticultural
significance if the AVA is established,
in order to avoid potentially affecting a
current label holder.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should establish the proposed
viticultural area. TTB is also interested
in receiving comments on the
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jstallworth on DSK7TPTVN1PROD with PROPOSALS
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
Dahlonega Plateau AVA on wine labels
that include the term ‘‘Dahlonega
Plateau’’ as discussed above under
Impact on Current Wine Labels, TTB is
particularly interested in comments
regarding whether there will be a
conflict between the proposed area
name and currently used brand names.
If a commenter believes that a conflict
will arise, the comment should describe
the nature of that conflict, including any
anticipated negative economic impact
that approval of the proposed
viticultural area will have on an existing
viticultural enterprise. TTB is also
interested in receiving suggestions for
ways to avoid conflicts, for example, by
adopting a modified or different name
for the viticultural area.
Submitting Comments
You may submit comments on this
notice by using one of the following
three methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this notice
within Docket No. TTB–2016–0012 on
‘‘Regulations.gov,’’ the Federal
e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 166 on the TTB Web site at https://
www.ttb.gov/wine/winerulemaking.shtml. Supplemental files
may be attached to comments submitted
via Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab.
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005.
• Hand Delivery/Courier: You may
hand-carry your comments or have them
hand-carried to the Alcohol and
Tobacco Tax and Trade Bureau, 1310 G
Street NW., Suite 400, Washington, DC
20005.
Please submit your comments by the
closing date shown above in this notice.
Your comments must reference Notice
No. 166 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
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15:02 Dec 01, 2016
Jkt 241001
TTB considers all comments as
originals.
In your comment, please clearly
indicate if you are commenting on your
own behalf or on behalf of an
association, business, or other entity. If
you are commenting on behalf of an
entity, your comment must include the
entity’s name, as well as your name and
position title. If you comment via
Regulations.gov, please enter the
entity’s name in the ‘‘Organization’’
blank of the online comment form. If
you comment via postal mail or hand
delivery/courier, please submit your
entity’s comment on letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this notice, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2016–
0012 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. 166.
You may also reach the relevant docket
through the Regulations.gov search page
at https://www.regulations.gov. For
information on how to use
Regulations.gov, click on the site’s
‘‘Help’’ tab.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
or material that the Bureau considers
unsuitable for posting.
You may also view copies of this
notice, all related petitions, maps and
other supporting materials, and any
electronic or mailed comments that TTB
receives about this proposal by
appointment at the TTB Information
Resource Center, 1310 G Street NW.,
Washington, DC 20005. You may also
obtain copies at 20 cents per 8.5- x 11inch page. Please note that TTB is
unable to provide copies of USGS maps
or other similarly-sized documents that
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may be included as part of the AVA
petition. Contact TTB’s information
specialist at the above address or by
telephone at 202–453–2265 to schedule
an appointment or to request copies of
comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name would be the result of a
proprietor’s efforts and consumer
acceptance of wines from that area.
Therefore, no regulatory flexibility
analysis is required.
Executive Order 12866
It has been determined that this
proposed rule is not a significant
regulatory action as defined by
Executive Order 12866 of September 30,
1993. Therefore, no regulatory
assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this
proposed rule.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, Code of Federal
Regulations, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Subpart C is amended by adding
§ 9.ll to read as follows:
■
§ 9.ll
Dahlonega Plateau.
(a) Name. The name of the viticultural
area described in this section is
‘‘Dahlonega Plateau’’. For purposes of
part 4 of this chapter, ‘‘Dahlonega
Plateau’’ is a term of viticultural
significance.
(b) Approved maps. The 9 United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the
Dahlonega Plateau viticultural area are
titled:
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(1) Dawsonville, GA, 1997;
(2) Campbell Mountain, GA, 2014;
(3) Nimblewill, GA, 1997;
(4) Noontootla, GA, 1988;
(5) Suches, GA, 1988;
(6) Neels Gap, GA, 1988;
(7) Dahlonega, GA, 1951;
(8) Cowrock, GA, 1988; and
(9) Cleveland, GA, 1951; photorevised
1973; photoinspected 1981.
(c) Boundary. The Dahlonega Plateau
viticultural area is located in Lumpkin
and White Counties, Georgia. The
boundary of the Dahlonega Plateau
viticultural area is as described below:
(1) The beginning point is found on
the Dawsonville map at the marked
1,412-foot elevation point at the
intersection of an unnamed light-duty
road known locally as Castleberry
Bridge Road and an unimproved road
known locally as McDuffie River Road.
(2) From the beginning point, proceed
north-northeast in a straight line
approximately 0.89 mile to the marked
1,453-foot elevation point; then
(3) Proceed northwest in a straight
line approximately 1.94 miles, crossing
onto the Campbell Mountain map, to the
intersection of Arrendale Road and
Windy Oaks Road; then
(4) Proceed northwest in a straight
line approximately 0.77 mile to the
intersection of the 1,400-foot elevation
contour and Dennson Branch; then
(5) Proceed northwest in a straight
line approximately 0.79 mile to the
intersection of the 1,360-foot elevation
contour and Mill Creek; then
(6) Proceed northwest in a straight
line approximately 0.48 mile to the
intersection of the 1,500-foot elevation
contour and Sheep Wallow Road; then
(7) Proceed northwest in a straight
line approximately 1.74 miles to the
intersection of State Route 52 and the
Chattahoochee National Forest
boundary; then
(8) Proceed northwest in a straight
line approximately 1.89 miles, crossing
onto the Nimblewill map and then
crossing over the marked 1,749-foot
elevation point along an unnamed lightduty road known locally as Nimblewill
Church Road, to the line’s intersection
with the 1,800-foot elevation contour;
then
(9) Proceed generally east-northeast
along the 1,800-foot elevation contour
approximately 170.72 miles (straightline distance between points is
approximately 20.43 miles), crossing
over the Noontootla, Suches, Neels Gap,
and Dahlonega maps and onto the
Cowrock map, to the intersection of the
1,800-foot elevation contour with Tom
White Branch; then
(10) Proceed southeast along Tom
White Branch approximately 0.73 mile
to the 1,600-foot elevation contour; then
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15:02 Dec 01, 2016
Jkt 241001
(11) Proceed southeast in a straight
line approximately 1.10 miles to the
intersection of Cathey Creek and the
secondary highway marked Alt. 75; then
(12) Proceed southwest in a straight
line approximately 3.77 miles, crossing
onto the Cleveland map, to the
intersection of two unnamed light-duty
roads known locally as Dockery Road
and Town Creek Road; then
(13) Proceed south in a straight line
approximately 0.58 mile to the marked
1,774-foot elevation point; then
(14) Proceed southwest in a straight
line approximately 0.60 mile to the
1,623-foot benchmark (BM); then
(15) Proceed southwest in a straight
line approximately 2.73 miles, crossing
onto the Dahlonega map, to the 1,562foot benchmark; then
(16) Proceed southwest in a straight
line approximately 3.46 miles to the
marked 1,480-foot elevation point near
the Mt. Sinai Church; then
(17) Proceed southwest in a straight
line approximately 2.13 miles to the
summit of Crown Mountain; then
(18) Proceed west in a straight line
approximately 1.28 miles, crossing onto
the Campbell Mountain map, to the
intersection of the 1,160-foot elevation
contour and Cane Creek; then
(19) Proceed southwest in a straight
line approximately 1.61 miles to the
intersection of the 1,300-foot elevation
contour and Camp Creek; then
(20) Proceed southwest in a straight
line approximately 2.02 miles, crossing
onto the Dawsonville map, to the
intersection of the 1,200-foot elevation
contour with the Etowah River; then
(21) Proceed southwest in a straight
line approximately 1.29 miles to the
beginning point.
November 22, 2016.
John J. Manfreda,
Administrator.
[FR Doc. 2016–28839 Filed 12–1–16; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Parts 1904, 1910, 1915 and
1926
[Docket No. OSHA–2012–0007]
RIN 1218–AC67
Standards Improvement Project-Phase
IV
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Notice of proposed rulemaking;
extension of written comment period.
AGENCY:
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86987
On October 4, 2016, OSHA
published a Notice of Proposed
Rulemaking (NPRM) titled ‘‘Standards
Improvement Project-Phase IV.’’ The
period for submitting comments is being
extended 30 days to allow parties
affected by the rule more time to review
the proposed rule and collect
information and data necessary for
comments.
DATES: Comments must be submitted by
January 4, 2017. All submissions must
bear a postmark or provide other
evidence of the submission date.
ADDRESSES: Submit comments and
additional material using any of the
following methods:
Electronic. Submit comments and
attachments electronically via the
Federal eRulemaking Portal at https://
www.regulations.gov. Follow the
instructions online for making
electronic submissions.
Facsimile. Commenters may fax
submissions, including any attachments
that are no longer than 10 pages in
length to the OSHA Docket Office at
(202) 693–1648; OSHA does not require
hard copies of these documents.
Commenters must submit lengthy
attachments that supplement these
documents (e.g., studies, journal
articles) to the OSHA Docket Office,
Technical Data Center, Room N3653,
U.S. Department of Labor, 200
Constitution Ave. NW., Washington, DC
20210. These attachments must clearly
identify the commenter’s name, date,
subject, and docket number (OSHA–
2012–0007) so the Agency can attach
them to the appropriate comments.
Regular mail, express mail, hand
(courier) delivery, or messenger service.
Submit a copy of comments and any
additional material (e.g., studies, journal
articles) to the OSHA Docket Office,
Docket No. OSHA–2012–0007,
Technical Data Center, Room N3653,
U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210; telephone: (202) 693–2350
(TDY number: (877) 889–5627). Note
that security procedures may result in
significant delays in receiving
comments and other written materials
by regular mail. Contact the OSHA
Docket Office for information about
security procedures concerning delivery
of materials by express mail, hand
delivery, or messenger service. The
hours of operation for the OSHA Docket
Office are 10:00 a.m.–3:00 p.m., e.t.
Instructions. All submissions received
must include the Agency name and the
docket number for this rulemaking
(OSHA–2012–0007). OSHA places all
submissions, including any personal
information provided, in the public
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Proposed Rules]
[Pages 86980-86987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28839]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2016-0012; Notice No. 166]
RIN 1513-AC33
Proposed Establishment of the Dahlonega Plateau 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
[[Page 86981]]
establish the 133-square mile ``Dahlonega Plateau'' viticultural area
in portions of Lumpkin and White Counties, Georgia. The proposed
viticultural area does not lie within or contain any established
viticultural area. TTB designates viticultural areas to allow vintners
to better describe the origin of their wines and to allow consumers to
better identify wines they may purchase. TTB invites comments on this
proposed addition to its regulations.
DATES: Comments must be received by January 31, 2017.
ADDRESSES: Please send your comments on this notice to one of the
following addresses:
Internet: https://www.regulations.gov (via the online
comment form for this notice as posted within Docket No. TTB-2016-0012
at ``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW., Suite 400, Washington, DC
20005.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing or view or obtain copies
of the petition and supporting materials.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G St.
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, dated January 24, 2003),
to the TTB Administrator to perform the functions and duties in the
administration and enforcement of these provisions.
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
the standards for petitions for the establishment or modification of
AVAs. Petitions to establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the viticultural area name specified in
the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Dahlonega Plateau Petition
TTB received a petition from Amy Booker, President of the
Dahlonega-Lumpkin Chamber & Visitors Bureau, on behalf of local
vineyard and winery owners, proposing to establish the ``Dahlonega
Plateau'' AVA. The proposed AVA is located in portions of Lumpkin and
White Counties, in Georgia. The proposed AVA encompasses approximately
133 square miles. Seven wineries and 8 commercial vineyards covering a
total of approximately 110 acres are distributed throughout the
proposed AVA. The petition notes that there are an additional 12 acres
of vineyards planned for planting within the proposed AVA in the next
few years.
According to the petition, the distinguishing features of the
proposed Dahlonega Plateau AVA are its topography and climate. Unless
otherwise noted, all information and data pertaining to the proposed
AVA contained in this document are from the petition for the proposed
Dahlonega Plateau AVA and its supporting exhibits.
Name Evidence
The proposed Dahlonega Plateau AVA derives its name from a long,
narrow, northeast-southwest trending plateau in the northern foothills
of the Georgia Piedmont known as the Dahlonega Plateau. The plateau
covers most of Lumpkin, Dawson, White, Pickens, and Cherokee Counties.
However, the proposed AVA is limited to the northeastern portion of the
plateau, in Lumpkin and White Counties, due to a lack of viticulture in
the southwestern region of the plateau, as well topographical and
climatic differences.
The town of Dahlonega, which is located within the proposed AVA,
derived its name from the Cherokee word ``dalonige,'' which means
``yellow'' or ``golden,'' due to the presence of gold in the region.
The town was named in 1837, and the geological feature derives its
name, in part, from the name of the town. The petition states that the
first written reference to the plateau was in a 1911 scientific paper
by geologist L.C. Glenn, who
[[Page 86982]]
noted, ``In the Chestatee basin about [the town of] Dahlonega the
upland is an old, well-dissected plateau * * *.'' \1\ The petition
lists several other professional papers and books, both historical and
contemporary, which describe a geological feature known as the
``Dahlonega Plateau.'' These sources are listed in the ``References''
section of the petition. Additionally, an excerpt from a contemporary
travel guide describes the region of the proposed AVA as follows: ``In
the northeastern section of the Piedmont lies the Dahlonega Plateau, a
deeply eroded region of steep, forested hills and narrow valleys * *
*.'' \2\ An online travel site states, ``A broad, high plain shadowed
by some of Georgia's highest mountains, the Dahlonega Plateau offers
near perfect growing conditions [for wine grapes].'' \3\ Finally, the
petition includes a 1976 map of the physiographic regions of Georgia,
from the Georgia Department of Natural Resources, which includes a
region titled ``Dahlonega Uplands/Dahlonega Plateau.''
---------------------------------------------------------------------------
\1\ Glenn, L.C., 1911, Denudation and Erosion in the Southern
Appalachian Region and in the Monongahela Basin: U.S. Geological
Survey, Prof. Paper 72.
\2\ Howard, Blair. Georgia Travel Adventures. West Palm Beach,
FL: Hunter Publishing, Inc., 2011.
\3\ https://www.offbeattravel.com/dahlonega-georgia.html.
---------------------------------------------------------------------------
Boundary Evidence
The northern and northeastern boundaries of the proposed Dahlonega
Plateau AVA follow the 1,800-foot elevation contour and separate the
proposed AVA from the higher, steeper slopes of the Blue Ridge
Mountains. The proposed eastern and southeastern boundaries follow a
series of straight lines drawn between roads and elevation points
marked on the USGS maps which separate the proposed AVA from the
physiographic features known as the Hightower Ridges and the Central
Uplands. The proposed southwestern and western boundaries also follow a
series of straight lines drawn between roads and elevation points on
the USGS maps in order to separate the proposed AVA from the
southwestern portion of the plateau, which has a different topography
and climate.
Distinguishing Features
The distinguishing features of the proposed Dahlonega Plateau AVA
are its topography and climate.
Topography
The topography of the proposed AVA is characterized by broad,
rounded hilltops separated by wide valleys. According to the petition,
the distinctive topography is due to the underlying geology of the
proposed AVA, which is comprised of layers of rocks that weather
uniformly and are moderately resistant to erosion. Over time, wind and
water have gradually worn down the underlying rocks and formed a gently
rolling landscape with moderate elevations that are lower than the
elevations to the north and east and higher than the elevations to the
south and west.
By contrast, the geology of Blue Ridge Mountains to the north and
northeast of the proposed AVA is comprised of rocks that are
structurally higher and more erosion-resistant than those of the
proposed AVA. Because the rocks do not erode as easily, the Blue Ridge
Mountains generally have higher elevations than are found within the
proposed Dahlonega Plateau AVA. Additionally, the peaks within the Blue
Ridge Mountains are more rugged and the slopes are steeper because the
surfaces have not been as softened or rounded by erosion as the
hilltops of the proposed AVA.
To the immediate east and southeast of the proposed AVA are the
Hightower Ridges. The geology of these ridges is characterized by
strongly-layered, alternating zones of weak rocks and more resistant
rocks. These alternating zones have a strong northeast-southwest
orientation. Because these layers erode at different rates, the
resulting topography has a ``washboard'' appearance, with steep,
parallel ridges (formed from the more resistant layers) separated by
narrow valleys (formed from the less resistant layers). Compared to the
proposed AVA, the valleys generally have lower minimum elevations and
the ridges generally have higher maximum elevations. Farther south and
running parallel to the Hightower Ridges is the Central Uplands region.
The topography of this region is similar to that of the proposed AVA,
with broad valleys and rolling hills, but with a wider range of
elevations.
To the west and southwest of the proposed AVA, in the southwestern
portion of the geological feature known as the Dahlonega Plateau, the
underlying geology is comprised of rocks that are less erosion-
resistant and structurally lower than the rocks in the northeastern
portion of the plateau, which are within the proposed AVA. Because the
rocks are more susceptible to erosion, the topography of the
southwestern portion of the plateau is generally flatter and lower than
within the proposed AVA.
The following table shows the minimum, maximum, and mean elevations
for the proposed Dahlonega Plateau AVA and the surrounding areas, which
were described in the petition.\4\
---------------------------------------------------------------------------
\4\ Figure 7 of the petition shows the location of the
comparison regions in relation to the proposed AVA.
Table 1--Elevations \5\
----------------------------------------------------------------------------------------------------------------
Elevations (in feet)
Region (direction) -----------------------------------------------
Minimum Maximum Mean
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 1,141.7 2,345.8 1,554.2
Blue Ridge Mountains (north).................................... 1,651.7 4,460.2 2,455.4
Blue Ridge Mountains (northeast)................................ 1,441.1 4,418.8 2,449.6
Hightower Ridges (east)......................................... 1,317.1 2,386.4 1,565.2
Central Uplands (east).......................................... 1,088.2 3,164.5 1,446.5
Hightower Ridges (southeast).................................... 1,053.3 2,180.8 1,315.0
Central Uplands (southeast)..................................... 1,069.5 2,584.4 1,256.8
Southwestern Dahlonega Plateau (west)........................... 858.6 2,033.2 1,386.3
----------------------------------------------------------------------------------------------------------------
The topography of the proposed Dahlonega Plateau AVA and the
surrounding regions has an effect on viticulture. Because the hills
within the proposed AVA are gently sloped and have moderate elevations,
the floors of
[[Page 86983]]
the intervening valleys are not highly shadowed and receive adequate
sunlight for vineyards. The hillsides within the proposed AVA are also
suitable for vineyards because they are not so steep as to make
mechanical cultivation difficult or dangerous. The petition also states
that the proposed AVA's location between higher and lower elevations
allows cool nighttime air draining from the higher elevations of the
Blue Ridge Mountains to flow through the proposed AVA and into the
lower elevations to the south and west. As a result, vineyards within
the proposed AVA benefit from cool nighttime temperatures but do not
have a high risk of frost because the cool air does not settle.
---------------------------------------------------------------------------
\5\ This information is also presented as a map in Figure 8 of
the petition.
---------------------------------------------------------------------------
By contrast, the petition states that the topography of the regions
surrounding the proposed AVA is less suitable for vineyards. Within the
Blue Ridge Mountains and Hightower Ridges to the north, east, and
southeast of the proposed AVA, the narrow valleys are often shadowed by
the surrounding steep, high slopes, meaning less light would reach any
vineyard planted on the valley floors. The steepness of the slopes
would also make mechanical cultivation of any vineyard planted on the
sides of the mountains impractical. In the lower elevations of the
regions to the south and west of the proposed AVA, cool air draining
from higher elevations eventually settles and pools and would increase
the risk of frost damage in any vineyard planted there.
Climate
Topography, and more specifically elevation, also affects the
climate of the proposed Dahlonega Plateau AVA and the surrounding
regions. The petition included information on the length of the growing
season, growing degree day accumulations, and precipitation amounts
within the proposed AVA and the surrounding regions. According to the
petition, the proposed AVA's location between higher elevations to the
north, east, and southeast and lower elevations to the southwest and
west create climatic conditions that are ideal for growing grape
varietals such as Cabernet Franc, Cabernet Sauvignon, Chardonnay, and
Merlot.
Length of Growing Season: The petition states that the length of
the growing season within the proposed Dahlonega Plateau AVA provides
ample time for most Vitis vinifera (V. vinifera) varietals of grapes to
ripen. The petition included the average minimum, maximum, and mean
length of the growing season within the proposed AVA and the
surrounding areas. Because the growing season length within a given
region may fluctuate based on the range of elevations within that
region, the petition also listed the percentage of terrain within each
region that is within a given range of growing season length. The
growing season data is shown in the following tables.
Table 2--Length of Growing Season (Days) 1981-2010 \6\
----------------------------------------------------------------------------------------------------------------
Region (direction) Minimum Maximum Mean
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 167 209 195
Blue Ridge Mountains (north).................................... 94 192 164
Blue Ridge Mountains (northeast)................................ 95 199 164
Hightower Ridges (east)......................................... 166 203 195
Central Uplands (east).......................................... 139 211 199
Hightower Ridges (southeast).................................... 173 212 203
Central Uplands (southeast)..................................... 159 211 205
Southwestern Dahlonega Plateau (west)........................... 178 219 201
----------------------------------------------------------------------------------------------------------------
Table 3--Percentage of Terrain Within Given Range of Growing Season Length \7\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Growing season length
Region (direction) -----------------------------------------------------------------------------------------------
<160 days 160-170 days 170-180 days 180-190 days 190-200 days >200 days
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed AVA............................................ .............. 0.02 0.33 19.40 60.82 19.43
Blue Ridge Mountains (north)............................ 39.86 21.45 23.96 14.69 0.04 ..............
Blue Ridge Mountains (northeast)........................ 44.04 16.90 14.32 16.39 8.35 ..............
Hightower Ridges (east)................................. .............. 0.05 1.00 11.79 76.50 10.66
Central Uplands (east).................................. 0.25 0.40 1.07 5.02 44.62 48.63
Hightower Ridges (southeast)............................ .............. .............. 0.04 0.45 22.91 76.60
Central Uplands (southeast)............................. .............. 0.07 0.49 1.40 9.84 88.19
Southwestern Dahlonega Plateau (west)................... .............. .............. 0.01 6.80 42.74 50.45
--------------------------------------------------------------------------------------------------------------------------------------------------------
The data in Table 2 shows that the mean growing season length is
shorter in regions with high elevations and longer in regions with
lower elevations. The proposed Dahlonega Plateau AVA, with its moderate
elevations, has a mean growing season length that is longer than the
regions to the north and northeast, which have higher elevations, and
is shorter than the regions to the south and west, which have lower
elevations.
---------------------------------------------------------------------------
\6\ Growing season length calculated using 1981-2010 climate
normals. Locations of weather stations are shown in Figure 15 of the
petition. ``Growing season'' is defined as the number of days
between the last 28 degree F day of the spring and the first
occurrence of that temperature in the fall. Plant tissue freezes at
28 degrees F. This information is also presented as a map in Figure
17 of the petition.
\7\ This information is also presented as a map in Figure 17 of
the petition.
---------------------------------------------------------------------------
Table 3 shows that over 60 percent of the terrain within the
proposed AVA has a growing season length of 190 to 200 days, which is a
higher percentage of terrain with that length of a growing season than
any of the surrounding regions except the Hightower Ridges region to
the east. The petition states that guidelines for selecting vineyard
sites based on growing season lengths, published by the College of
Agriculture and Life Sciences at Cornell University in conjunction with
the Institute for the Application of Geospatial Technology,\8\ do not
recommend planting vineyards in regions with growing seasons shorter
[[Page 86984]]
than 160 days because most grape varietals will not have time to ripen
fully. Sites with growing seasons of between 180 and 190 days are
described as ``good,'' while sites with growing seasons between 190 and
200 days are ``not limited by growing season.'' Sites with growing
seasons of over 200 days are considered suitable for growing varietals
that need a long time to mature. Based on this guidance, vineyard
owners can plant many different grape varietals in the majority of the
proposed AVA without the fear of having too short of a growing season
for the grapes to ripen.
---------------------------------------------------------------------------
\8\ https://arcserver2.iagt.org/vll/downloads/BasicSiteEvaluation-2015.pdf.
---------------------------------------------------------------------------
Growing Degree Days: The petition notes that although growing
season length is important because it reflects the number of frost-free
days, the temperatures that are reached during that frost-free period
are just as important to viticulture. The petition states that grape
vines do not grow and fruit does not mature when temperatures are below
50 degrees Fahrenheit (F). Therefore, a region that has a 180-day
frost-free growing season would still be unsuitable for viticulture if
temperatures seldom or never rise above 50 degrees F.
Growing degree day (GDD) accumulations are a way of describing the
frequency that temperatures within a region exceed 50 degrees F during
the growing season.\9\ The Winkler zone scale ranges from the very cool
Zone I, for regions accumulating 2,500 or fewer GDDs in a growing
season, to the very warm Zone V, for regions accumulating over 4,000
GDDs. The petition included the information in the following table
which shows the percentage of the proposed AVA and the surrounding
areas that can be categorized into each of the five Winkler zones.\10\
---------------------------------------------------------------------------
\9\ In the Winkler climate classification system, annual heat
accumulation during the growing season, measured in annual GDDs,
defines climatic regions. One GDD accumulates for each degree
Fahrenheit that a day's mean temperature is above 50 degrees F, the
minimum temperature required for grapevine growth. See Albert J.
Winkler, General Viticulture (Berkeley: University of California
Press, 1974), pages 61-64.
\10\ The growing degree day data for the proposed AVA and the
surrounding regions was calculated using the PRISM Climate Group's
1981-2010 climate normals. The Parameter Elevation Regression on
Independent Slopes Model (PRISM) climate data mapping system
combined climate normals gathered from weather stations, along with
other factors such as elevation, longitude, slope angles, and solar
aspect to estimate the general climate patterns for the proposed AVA
and the surrounding regions. Climate normals are only calculated
every 10 years, using 30 years of data, and at the time the petition
was submitted, the most recent climate normals available were from
the period of 1981-2010. (PRISM Climate Group, Oregon State
University, https://prism.oregonstate.edu, created 4 February 2004).
Table 4--Percentage of Terrain Within Each Winkler Zone \11\
----------------------------------------------------------------------------------------------------------------
Region (direction) Zone I Zone II Zone III Zone IV Zone V
----------------------------------------------------------------------------------------------------------------
Cooler to warmer
-------------------------------------------------------------------------------
Proposed AVA.................... .............. .............. 0.16 98.84 ..............
Blue Ridge Mountains (north).... .............. 0.76 90.91 8.33 ..............
Blue Ridge Mountains (northeast) 0.20 5.83 83.94 10.03 ..............
Hightower Ridges (east)......... .............. .............. 9.02 90.98 ..............
Central Uplands (east).......... .............. .............. 2.35 97.65 ..............
South:
Hightower Ridges (southeast) .............. .............. 0.05 90.12 9.83
Central Uplands (southeast). .............. .............. 0.50 41.46 58.04
Southwestern Dahlonega .............. .............. .............. 68.39 31.61
Plateau (west).............
----------------------------------------------------------------------------------------------------------------
The data in the table shows that all of the terrain within the
proposed Dahlonega Plateau AVA is classified in the intermediate ranges
of the Winkler scale (Zones III and IV). The proposed AVA has a higher
percentage of terrain within Zone IV than any of the surrounding
regions and lacks any terrain in the very cool Zone I, the cool Zone
II, or the very warm Zone V. According to the petition, regions
classified as Zones III or IV, such as the proposed AVA, are suitable
for growing a diverse range of late-ripening varietals of V. vinifera,
including Cabernet Sauvignon and Merlot. Regions that are categorized
as Zones I and II have temperatures that are too low to ripen the
varietals grown within the proposed AVA and are more suitable for
growing cold-hardy French-American hybrid varietals and early ripening
V. vinifera varietals such as Riesling and Pinot Noir. Finally, the
petition states that regions categorized as the very warm Zone V are
best suited for growing long-season varietals of wine grapes that
tolerate the high heat, such as Muscadine, and for growing table
grapes.
---------------------------------------------------------------------------
\11\ This information is also presented as a map in Figure 19 of
the petition.
---------------------------------------------------------------------------
Precipitation: According to the petition, the rising elevations of
the proposed AVA and the regions to the north and east cause the
moisture-laden winds travelling inland from the Gulf of Mexico and
Atlantic Ocean to drop their rain. Areas with higher elevations
typically receive more annual rainfall than regions with lower
elevations. The petition included information on the mean annual,
growing season, and winter precipitation amounts for the proposed
Dahlonega Plateau AVA and the surrounding regions. The following table
is derived from information included in the petition. All data was
gathered from 1981-2010 climate normals.
---------------------------------------------------------------------------
\12\ This information is also presented as a map in Figure 20 of
the petition.
Table 5--Mean Precipitation Amounts
[In inches] \12\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual Growing season (April-October) Winter (December-February)
Region (direction) --------------------------------------------------------------------------------------------------------------------
Minimum Maximum Mean Minimum Maximum Mean Minimum Maximum Mean
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed AVA....................... 60.36 69.94 62.34 34.42 38.40 34.09 16.39 19.65 17.40
Blue Ridge Mountains (north)....... 59.48 80.73 68.10 32.19 44.52 37.59 15.63 22.43 18.80
[[Page 86985]]
Blue Ridge Mountains (northeast)... 65.31 79.74 70.00 36.41 46.53 39.81 16.92 20.04 18.53
Hightower Ridges (east)............ 61.86 68.96 64.97 34.07 38.86 36.29 17.10 18.30 17.52
Central Uplands (east)............. 57.03 68.25 60.78 31.52 38.45 33.74 15.50 18.23 16.54
Hightower Ridges (southeast)....... 56.81 62.66 59.59 31.06 34.61 32.46 15.70 17.35 16.65
Central Uplands (southeast)........ 53.87 62.85 67.14 29.39 34.73 31.30 14.91 17.35 15.86
Southwestern Dahlonega Plateau 52.91 65.08 58.77 28.93 35.87 32.20 14.49 18.00 16.27
(west)............................
--------------------------------------------------------------------------------------------------------------------------------------------------------
The data in the table shows that annual rainfall amounts within the
proposed AVA are in the intermediate range. The regions to the north
and east generally receive more rainfall annually than the proposed
AVA, and the regions to the south and west generally receive less. The
petition states that vineyard irrigation within the proposed AVA is
seldom necessary because the average annual amount of rainfall within
the proposed AVA is sufficient for the adequate hydration of
grapevines.
Finally, the petition states that the amount of rainfall a region
receives during the winter months has an effect on viticulture.
Excessive precipitation during the winter months can delay bud break
and/or pruning in vineyards, which can lead to a late harvest and a
higher probability of fruit remaining on the vine when damaging fall
frosts occur. Delayed bud break is less likely within the proposed AVA
than in the higher elevations to the north and east because the
proposed AVA has lower winter rainfall amounts. However, the
possibility of delayed bud break within the proposed AVA is higher than
within the lower elevations of the regions to the south and west,
because those regions typically receive less winter precipitation.
Summary of Distinguishing Features
In summary, the evidence provided in the petition indicates that
the viticulturally significant geographic features of the proposed
Dahlonega Plateau AVA distinguish it from the surrounding regions in
each direction. With respect to topography, the proposed AVA is
characterized by broad, rounded hilltops, wide valleys, gentle slopes,
and moderate elevations. By contrast, the regions to the north and
northeast of the proposed AVA, within the Blue Ridge Mountains, feature
high elevations and steep, rugged slopes. To the east and southeast of
the proposed AVA, within the Hightower Ridges, the topography has a
``washboard'' appearance, with high, steep ridges separated by narrow
valleys. To the west and southwest of the proposed AVA, the topography
is generally flatter and elevations are lower.
Temperatures within the proposed Dahlonega Plateau are suitable for
growing most V. vinifera varietals of grapes. The mean growing season
length within the proposed AVA is longer than within the regions to the
north and northeast and shorter than within the regions to the south
and west. With respect to GDDs, the proposed AVA is classified in the
intermediate Winkler Zones III and IV, with the majority of the
proposed AVA classified as Zone IV. The regions to the north and
northeast of the proposed AVA are primarily classified as Zone III and
also contain areas classified as Zones I and II. The regions to the
southeast and west have areas that are classified as the very warm Zone
V.
Finally, precipitation amounts within the proposed AVA provide
sufficient hydration for grapevines, making irrigation seldom
necessary. The regions to the north and east of the proposed AVA
generally receive more rainfall, and regions to the south and west
generally receive less.
TTB Determination
TTB concludes that the petition to establish the Dahlonega Plateau
viticultural area merits consideration and public comment, as invited
in this notice of proposed rulemaking.
Boundary Description
See the narrative description of the boundary of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this proposed rule.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name, at least 85
percent of the wine must be derived from grapes grown within the area
represented by that name, and the wine must meet the other conditions
listed in Sec. 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling with an AVA name and that name
appears in the brand name, then the label is not in compliance and the
bottler must change the brand name and obtain approval of a new label.
Similarly, if the AVA name appears in another reference on the label in
a misleading manner, the bottler would have to obtain approval of a new
label. Different rules apply if a wine has a brand name containing an
AVA name that was used as a brand name on a label approved before July
7, 1986. See Sec. 4.39(i)(2) of the TTB regulations (27 CFR
4.39(i)(2)) for details.
If TTB establishes this proposed viticultural area, its name,
``Dahlonega Plateau,'' will be recognized as a name of viticultural
significance under Sec. 4.39(i)(3) of the TTB regulations (27 CFR
4.39(i)(3)). The text of the proposed regulation clarifies this point.
Consequently, wine bottlers using the name ``Dahlonega Plateau'' in a
brand name, including a trademark, or in another label reference as to
the origin of the wine, would have to ensure that the product is
eligible to use the viticultural name as an appellation of origin if
this proposed rule is adopted as a final rule. TTB is not proposing to
designate the term ``Dahlonega,'' standing alone, as a term of
viticultural significance if the AVA is established, in order to avoid
potentially affecting a current label holder.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed viticultural area. TTB is also
interested in receiving comments on the
[[Page 86986]]
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 Dahlonega Plateau AVA on wine labels that include the term
``Dahlonega Plateau'' as discussed above under Impact on Current Wine
Labels, TTB is particularly interested in comments regarding whether
there will be a conflict between the proposed area name and currently
used brand names. If a commenter believes that a conflict will arise,
the comment should describe the nature of that conflict, including any
anticipated negative economic impact that approval of the proposed
viticultural area will have on an existing viticultural enterprise. TTB
is also interested in receiving suggestions for ways to avoid
conflicts, for example, by adopting a modified or different name for
the viticultural area.
Submitting Comments
You may submit comments on this notice by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2016-
0012 on ``Regulations.gov,'' the Federal e-rulemaking portal, at https://www.regulations.gov. A direct link to that docket is available under
Notice No. 166 on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW., Suite 400, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 166 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly indicate if you are commenting on
your own behalf or on behalf of an association, business, or other
entity. If you are commenting on behalf of an entity, your comment must
include the entity's name, as well as your name and position title. If
you comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this notice, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2016-0012 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. 166. You may
also reach the relevant docket through the Regulations.gov search page
at https://www.regulations.gov. For information on how to use
Regulations.gov, click on the site's ``Help'' tab.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this notice, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments that TTB receives about this proposal by appointment at the
TTB Information Resource Center, 1310 G Street NW., Washington, DC
20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page.
Please note that TTB is unable to provide copies of USGS maps or other
similarly-sized documents that may be included as part of the AVA
petition. Contact TTB's information specialist at the above address or
by telephone at 202-453-2265 to schedule an appointment or to request
copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this proposed rule.
List of Subjects in 27 CFR Part 9
Wine.
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.__ Dahlonega Plateau.
(a) Name. The name of the viticultural area described in this
section is ``Dahlonega Plateau''. For purposes of part 4 of this
chapter, ``Dahlonega Plateau'' is a term of viticultural significance.
(b) Approved maps. The 9 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Dahlonega Plateau viticultural area are titled:
[[Page 86987]]
(1) Dawsonville, GA, 1997;
(2) Campbell Mountain, GA, 2014;
(3) Nimblewill, GA, 1997;
(4) Noontootla, GA, 1988;
(5) Suches, GA, 1988;
(6) Neels Gap, GA, 1988;
(7) Dahlonega, GA, 1951;
(8) Cowrock, GA, 1988; and
(9) Cleveland, GA, 1951; photorevised 1973; photoinspected 1981.
(c) Boundary. The Dahlonega Plateau viticultural area is located in
Lumpkin and White Counties, Georgia. The boundary of the Dahlonega
Plateau viticultural area is as described below:
(1) The beginning point is found on the Dawsonville map at the
marked 1,412-foot elevation point at the intersection of an unnamed
light-duty road known locally as Castleberry Bridge Road and an
unimproved road known locally as McDuffie River Road.
(2) From the beginning point, proceed north-northeast in a straight
line approximately 0.89 mile to the marked 1,453-foot elevation point;
then
(3) Proceed northwest in a straight line approximately 1.94 miles,
crossing onto the Campbell Mountain map, to the intersection of
Arrendale Road and Windy Oaks Road; then
(4) Proceed northwest in a straight line approximately 0.77 mile to
the intersection of the 1,400-foot elevation contour and Dennson
Branch; then
(5) Proceed northwest in a straight line approximately 0.79 mile to
the intersection of the 1,360-foot elevation contour and Mill Creek;
then
(6) Proceed northwest in a straight line approximately 0.48 mile to
the intersection of the 1,500-foot elevation contour and Sheep Wallow
Road; then
(7) Proceed northwest in a straight line approximately 1.74 miles
to the intersection of State Route 52 and the Chattahoochee National
Forest boundary; then
(8) Proceed northwest in a straight line approximately 1.89 miles,
crossing onto the Nimblewill map and then crossing over the marked
1,749-foot elevation point along an unnamed light-duty road known
locally as Nimblewill Church Road, to the line's intersection with the
1,800-foot elevation contour; then
(9) Proceed generally east-northeast along the 1,800-foot elevation
contour approximately 170.72 miles (straight-line distance between
points is approximately 20.43 miles), crossing over the Noontootla,
Suches, Neels Gap, and Dahlonega maps and onto the Cowrock map, to the
intersection of the 1,800-foot elevation contour with Tom White Branch;
then
(10) Proceed southeast along Tom White Branch approximately 0.73
mile to the 1,600-foot elevation contour; then
(11) Proceed southeast in a straight line approximately 1.10 miles
to the intersection of Cathey Creek and the secondary highway marked
Alt. 75; then
(12) Proceed southwest in a straight line approximately 3.77 miles,
crossing onto the Cleveland map, to the intersection of two unnamed
light-duty roads known locally as Dockery Road and Town Creek Road;
then
(13) Proceed south in a straight line approximately 0.58 mile to
the marked 1,774-foot elevation point; then
(14) Proceed southwest in a straight line approximately 0.60 mile
to the 1,623-foot benchmark (BM); then
(15) Proceed southwest in a straight line approximately 2.73 miles,
crossing onto the Dahlonega map, to the 1,562-foot benchmark; then
(16) Proceed southwest in a straight line approximately 3.46 miles
to the marked 1,480-foot elevation point near the Mt. Sinai Church;
then
(17) Proceed southwest in a straight line approximately 2.13 miles
to the summit of Crown Mountain; then
(18) Proceed west in a straight line approximately 1.28 miles,
crossing onto the Campbell Mountain map, to the intersection of the
1,160-foot elevation contour and Cane Creek; then
(19) Proceed southwest in a straight line approximately 1.61 miles
to the intersection of the 1,300-foot elevation contour and Camp Creek;
then
(20) Proceed southwest in a straight line approximately 2.02 miles,
crossing onto the Dawsonville map, to the intersection of the 1,200-
foot elevation contour with the Etowah River; then
(21) Proceed southwest in a straight line approximately 1.29 miles
to the beginning point.
November 22, 2016.
John J. Manfreda,
Administrator.
[FR Doc. 2016-28839 Filed 12-1-16; 8:45 am]
BILLING CODE 4810-31-P
