Proposed Expansion of the Monticello Viticultural Area, 14787-14791 [2018-07090]
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Federal Register / Vol. 83, No. 67 / Friday, April 6, 2018 / Proposed Rules
The Proposed Amendment
ACTION:
Accordingly, pursuant to the
authority delegated to me, the Federal
Aviation Administration proposes to
amend 14 CFR part 71 as follows:
SUMMARY:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11B,
Airspace Designations and Reporting
Points, dated August 3, 2017, and
effective September 15, 2017, is
amended as follows:
■
Paragraph 5000
Class D Airspace.
*
*
*
*
*
ASW OK D Tulsa, OK [Amended]
Richard Lloyd Jones Jr., OK
(Lat. 36°02′23″ N, long. 95°59′05″ W)
That airspace extending upward from the
surface to and including 3,100 feet MSL
within a 4-mile radius of Richard Lloyd Jones
Jr. Airport, and within 1.0 miles each side of
the 190° bearing from the Richard Lloyd
Jones Jr., Airport, RWY 01L–LOC from the
4.0 mile radius to 4.1 miles south of the
airport, excluding that airspace within the
Tulsa International Airport, OK, Class C
airspace area. This Class D airspace is
effective during the specific dates and times
established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
Issued in Fort Worth, Texas, on March 28,
2018.
Walter Tweedy,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2018–06995 Filed 4–5–18; 8:45 am]
BILLING CODE 4910–13–P
Notice of proposed rulemaking.
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
expand the approximately 1,320-square
mile ‘‘Monticello’’ viticultural area in
Albemarle, Green, Nelson, and Orange
Counties in Virginia, by approximately
166 square miles. The proposal would
extend the viticultural area into
Fluvanna County, Virginia. The
established Monticello viticultural area
and the proposed expansion area are not
located within 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
amendment to its regulations.
DATES: Comments must be received by
June 5, 2018.
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–2018–0004 at ‘‘Regulations.gov,’’
the Federal e-rulemaking portal);
• U.S. Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Suite
400, Washington, DC 20005.
See the Public Participation section of
this notice for specific instructions and
requirements for submitting comments,
and for information on how to request
a public hearing or view or obtain
copies of the petition and supporting
materials.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE TREASURY
Background on Viticultural Areas
Alcohol and Tobacco Tax and Trade
Bureau
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels and ensure that
labels provide the consumer with
adequate information as to the identity
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27 CFR Part 9
[Docket No. TTB–2018–0004; Notice No.
173]
RIN 1513–AC37
Proposed Expansion of the Monticello
Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
AGENCY:
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14787
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 the
establishment of an AVA and provides
that any interested party may petition
TTB to establish a grape-growing region
as an AVA. Petitioners may use the
same procedures to request changes
involving existing AVAs. Section 9.12(c)
of the TTB regulations (27 CFR 9.12(c))
prescribes standards for petitions for
modifying established AVAs. Petitions
to expand an established AVA must
include the following:
• Evidence that the region within the
proposed expansion area boundary is
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nationally or locally known by the name
of the established AVA;
• An explanation of the basis for
defining the boundary of the proposed
expansion area;
• A narrative description of the
features of the proposed expansion area
affecting viticulture, including climate,
geology, soils, physical features, and
elevation, that make the proposed
expansion area similar to the
established AVA and distinguish it from
adjacent areas outside the established
AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
expansion area, with the boundary of
the proposed expansion area clearly
drawn thereon; and
• A detailed narrative description of
the proposed expansion area boundary
based on USGS map markings.
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Petition To Expand the Monticello AVA
TTB received a petition from George
Cushnie, co-owner of Thistle Gate
Vineyard, submitted on behalf of
himself and a second vineyard owner,
proposing to expand the established
‘‘Monticello’’ AVA. The Monticello
AVA (27 CFR 9.48) was established by
T.D. ATF–164, which published in the
Federal Register on January 23, 1984
(49 FR 2757). The Monticello AVA
covers approximately 1,320 square
miles in Albemarle, Green, Nelson, and
Orange Counties in Virginia. The
Monticello AVA and the proposed
expansion area are not located within
any other AVA.
The proposed expansion area is
adjacent to the southeastern portion of
the established AVA and encompasses
approximately 166 square miles of
Fluvanna County between the James
River and the Rivanna River. There are
2 vineyards covering a total of
approximately 15 acres within the
proposed expansion area. The petition
included a letter from the president of
the Jeffersonian Wine Grape Growers
Society, an organization of over 30
wineries within the Monticello AVA,
supporting the proposed expansion.
Unless otherwise noted, all information
and data pertaining to the proposed
expansion area contained in this
document come from the petition and
its supporting exhibits.
Name Evidence
The expansion petition provides
evidence that the proposed expansion
area is historically associated with
‘‘Monticello,’’ the home of Thomas
Jefferson, as is the land currently within
the Monticello AVA boundaries. For
example, the Rivanna River, which
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forms the northern boundary of the
proposed expansion area, was the
primary means of transporting
agricultural products from Jefferson’s
lands in the region to the James River,
where the goods were then transported
to other areas of Virginia. The Rivanna
River is frequently referred to as ‘‘Mr.
Jefferson’s river,’’ due to Thomas’
Jefferson’s efforts to make the river
navigable by building dams, locks, and
canals.1 The river was so important to
Jefferson and the functioning of
Monticello and the surrounding
agricultural lands, including
agricultural lands in the proposed
expansion area, that he listed his
improvements to the river as a greater
personal achievement than writing the
Declaration of Independence.2
Additionally, Jefferson played an active
role in the establishment of Fluvanna
County, where the proposed expansion
area is located, and he drew the map for
the proposed new county. The petition
states that these pieces of historical
evidence demonstrate that the region of
the proposed expansion area held
special significance for Jefferson and
was important to the workings of his
plantation at Monticello. As explained
in the final rule that first established the
Monticello AVA, the name
‘‘Monticello’’ is associated with the
region in large part due to the historic
connection with Thomas Jefferson,
which as discussed above, also applies
to the proposed expansion area.
The petition also provided evidence
that the name ‘‘Monticello’’ is currently
associated with the proposed expansion
area. A lake in the proposed expansion
area is called Lake Monticello. The
‘‘Monticelloman Olympic Triathlon’’
and ‘‘Monticelloman Half Triathlon’’ are
annual athletic events held within the
proposed expansion area. The
Monticello Area Community Action
Agency and Head Start-Monticello Area
are two community assistance
organizations that serve the residents of
the proposed expansion area.
Businesses within the proposed
expansion area that use the name
‘‘Monticello’’ include Monticello
Mulch, Monticello Mattress & More,
Monticello Country Realtors, and
Century 21 Monticello Properties.
Boundary Evidence
The established Monticello AVA is a
roughly oval shaped region with a
northeast-southwest alignment. The
James River and the shared Albemarle1 McGehee, Minnie Lee, and Trout, William E.
Mr. Jefferson’s River, the Rivanna. Fluvanna County
Historical Society: Palmyra, VA, 2001.
2 Ibid.
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Fluvanna County line form the
southeastern and eastern boundaries,
respectively. The proposed expansion
area is adjacent to the eastern boundary
of the established AVA and is located
entirely within Fluvanna County. No
portion of Fluvanna County is currently
within the Monticello AVA.
The proposed expansion area is
roughly shaped like a triangle, with its
apex pointing east, its base adjacent to
the eastern edge of the established AVA,
and the Rivanna and James Rivers
forming the two sides. The apex of the
proposed expansion area is at the
confluence of the two rivers, near the
town of Columbia. The proposed
expansion area’s boundary begins at the
intersection of the Rivanna River and
the Albemarle-Fluvanna County line,
along the eastern edge of the established
AVA. Instead of continuing to follow
the Albemarle-Fluvanna County line
south, as the current AVA boundary
does, the proposed expansion area
continues southeasterly along the
Rivanna River to its confluence with the
James River. The proposed boundary
then follows the James River
southwesterly and then northwesterly to
the Albemarle-Fluvanna County line,
where the proposed expansion area
boundary rejoins the current AVA
boundary.
Distinguishing Features
The petition states that the climate
and soils of the proposed expansion
area are similar to those of the
established Monticello AVA. TTB notes
that T.D. ATF–164, which established
the Monticello AVA, does not provide a
detailed discussion of the distinguishing
features of the AVA. However, the
original petition to establish the AVA
contains more information. A copy of
the original Monticello AVA petition
was included as part of the proposed
expansion petition package and is
included in Docket No. TTB–2018–
0004.
Climate
The original Monticello AVA petition
stated that the Blue Ridge Mountains, to
the west of the AVA, shelter the AVA
from cold air flowing from the
northwest. However, there are two
major gaps in the mountains: one near
Front Royal, Virginia, to the north of the
Monticello AVA; and another near
Roanoke, Virginia, to the south of the
AVA. According to the original
Monticello AVA petition, these two
gaps divide cold air masses into two
‘‘rivers of cold air’’ that bypass the AVA
and rejoin farther to the east, in the
lower elevations and plains of the
Piedmont region. Because the cool air
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bypasses the Monticello AVA, the
petition stated that temperatures within
the AVA are typically warmer than
temperatures to the west of the AVA in
the Blue Ridge Mountains and to the
east of the AVA in the Piedmont region.
A map in the original Monticello AVA
petition shows that the average growing
season length of the AVA ranges from
220 to 250 days, whereas the region east
of the AVA averages between 150 and
175 days. The petition also included a
1979 plant hardiness zone map
prepared by the Office of the Virginia
State Climatologist that shows the AVA
in zone 7, meaning that minimum
winter temperature is typically between
5 and 10 degrees Fahrenheit (F). By
contrast, the same map classifies the
areas to the east and west of the AVA
as zone 6, which ranges from -5 degrees
to 5 degrees F.
The petition for the proposed
expansion area included a current
USDA plant hardiness zone map.
Although the climate zones for the
Monticello AVA, the proposed
expansion area, and the surrounding
regions have changed according to the
new map, the established AVA and the
proposed expansion area are still in a
warmer zone than the region to the
west. The new map places the
Monticello AVA into zone 7a, where
minimum winter temperatures ranges
from 0 to 5 degrees F. The confluence
of the Rivanna River and the James
River, which is the location of the
proposed expansion area, is shown on
this map and is also in zone 7a, as is the
entire region east of both the AVA and
the proposed expansion area, as far east
as Richmond. The region west of both
the AVA and the proposed expansion
area, within the Blue Ridge Mountains,
is a cooler zone 6b, with minimum
winter temperatures between -5 and 0
degrees F.
Although the plant hardiness zone
map indicates that the zone for the
Monticello AVA and the proposed
expansion area extends eastward to
Richmond, the petitioner provided other
climate evidence to distinguish the
proposed expansion area from the
region to the east. For instance, the
proposed expansion petition provides a
higher-resolution of the map that was
used in the original AVA petition to
show the length of the growing season
within the AVA and the surrounding
areas. The higher resolution map shows
that the far northeastern portion of the
Monticello AVA, in Orange County,
extends eastward beyond the 200-day
contour, though not far enough east to
reach the 175-day contour. The
expansion petition estimates that, based
on the higher resolution map, the
Orange County portion of the AVA has
a growing season between 190 and 200
days. When the proposed expansion
area is drawn onto this high-resolution
map, it also appears to have a growing
season of between 190 and 200 days.
Similar to the existing AVA, the
proposed expansion area does not
extend into the 175-day contour, which
is slightly farther to the east. Therefore,
according to the proposed expansion
petition, the higher-resolution map
shows that the proposed expansion area
has a growing season length similar to
that of the Orange County portion of the
Monticello AVA. The higher-resolution
map also shows that the region to the
east of both the Monticello AVA and the
proposed expansion area has a shorter
growing season.
Finally, the proposed expansion
petition provided a higher-resolution
version of the map used in the original
Monticello petition to show the path
that the ‘‘rivers of cold air’’ take around
the AVA. The higher-resolution map
shows that the Orange County portion of
the Monticello AVA extends between
the 15 degree contour and the 13 degree
contour, meaning that the minimum
January temperature for this portion of
the Monticello AVA is between 13 and
15 degrees F. The ‘‘rivers of cold air’’
converge farther east, between the 13
degree contour and the 11 degree
contour. When drawn on this map, the
proposed expansion area also extends
beyond the 15 degree contour, but not
into the 13 degree contour. The
proposed expansion petition states that
this higher-resolution map demonstrates
14789
that January temperatures within the
proposed expansion area are more
similar to those of the Orange County
portion of the Monticello AVA than
those of the cooler region farther to the
east of the established AVA where the
‘‘rivers of cold air’’ converge.
The proposed expansion petition
states that climate affects viticulture
within the Monticello AVA and the
proposed expansion area. According to
the petition, the recommended
minimum growing season length for
most varietals of wine grapes in Virginia
is 180 days, although a few very-early
ripening varietals such as some Muscat
varietals and Viognier can ripen in as
few as 155 days.3 The 190- to 200-day
growing season length in the proposed
expansion area is long enough to grow
many varietals of wine grapes, including
Cabernet Franc, Malbec, Chardonnay,
Merlot, and Pinot Gris. The proposed
expansion petition states that these
varietals are also all grown within the
established Monticello AVA.
Soils
The original petition to establish the
Monticello AVA described the soils of
the AVA as a mixture of clay and loam.
The soils are generally deep and welldrained. The predominant soil series
found within the AVA are Buchanan,
Davidson, Dyke, Nason, and Rapidan.
Neither the original AVA petition nor
T.D. ATF–164 describes the soils
surrounding the Monticello AVA.
The proposed expansion petition
states that modern internet-based soil
mapping tools provide a more detailed
and accurate description of the soil
series of the proposed AVA than the
paper soil maps used in the original
Monticello AVA petition. The
expansion petition included a table
comparing the major soil series found in
the proposed expansion area, located in
Fluvanna County, and the counties
currently within the Monticello AVA.
The data was compiled using the
USDA’s Websoils tool.4 The data shows
that the proposed expansion area shares
four of the five major soil series found
within the Monticello AVA.
SOILS OF THE MONTICELLO AVA AND THE PROPOSED EXPANSION AREA
Soil series
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County
Lew
Fluvanna (proposed expansion area) ..................................
Albemarle .............................................................................
Green ...................................................................................
Nelson ..................................................................................
3 Wolf, Tony K., and Boyer, John D. Vineyard Site
Selection. Virginia Tech Publication #463–020.
2003, page 2.
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Louisburg
Manteo
Nason
Tatum
........................
X
X
X
X
X
........................
........................
X
X
........................
........................
X
X
........................
........................
X
X
........................
........................
4 https://websoilsurvey.sc.egov.usda.gov/App/
HomePage.htm.
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SOILS OF THE MONTICELLO AVA AND THE PROPOSED EXPANSION AREA—Continued
Soil series
County
Lew
Orange .................................................................................
According to the proposed expansion
petition, the soils found within the
proposed expansion area are well-suited
for viticulture, particularly soils of the
Nason and Manteo series. These two
soils are described as well-drained silty
loams. Well-drained soils prevent boggy
conditions, which restrict root growth
and respiration. The soils also have low
to moderate levels of organic content.
The proposed expansion petition states
that soils with high levels of organic
content are not generally desirable for
viticulture because the abundance of
nutrients promotes overly vigorous
shoot and leaf growth at the expense of
fruit production and quality.
TTB Determination
TTB concludes that the petition to
expand the boundaries of the
established Monticello AVA 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
expansion area in the proposed
regulatory text published at the end of
this proposed rule.
Maps
To document the existing and
proposed boundaries of the Monticello
AVA, the petitioner provided a copy of
the required 1971 1:250,000-scale
Roanoke, Virginia USGS quadrangle
map.
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Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name,
at least 85 percent of the wine must be
derived from grapes grown within the
area represented by that name, and the
wine must meet the other conditions
listed in § 4.25(e)(3) of the TTB
regulations (27 CFR 4.25(e)(3)). If the
wine is not eligible for labeling with an
AVA name and that name appears in the
brand name, then the label is not in
compliance and the bottler must change
the brand name and obtain approval of
a new label. Similarly, if the AVA name
appears in another reference on the
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Manteo
Nason
Tatum
........................
X
X
X
X
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.
The approval of the proposed
expansion of the Monticello AVA would
not affect any other existing viticultural
area. The expansion of the Monticello
AVA would allow vintners to use
‘‘Monticello’’ as an appellation of origin
for wines made primarily from grapes
grown within the proposed expansion
area if the wines meet the eligibility
requirements for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should expand the Monticello AVA as
proposed. TTB is specifically interested
in receiving comments on the similarity
of the proposed expansion area to the
established Monticello AVA, as well as
the differences between the proposed
expansion area and the areas outside the
Monticello AVA. TTB is particularly
interested in any viticulture that occurs
in the eastern watershed of Fluvanna
County and how it relates to the
boundary evidence discussed above and
presented in the expansion petition.
Please provide specific information in
support of your comments.
Submitting Comments
You may submit comments on this
notice of proposed rulemaking 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–2018–0004 on
‘‘Regulations.gov,’’ the Federal
e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 173 on the TTB website at https://
www.ttb.gov/wine/winerulemaking.shtml. Supplemental files
may be attached to comments submitted
via Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab.
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• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005.
• Hand Delivery/Courier: You may
hand-carry your comments or have them
hand-carried to the Alcohol and
Tobacco Tax and Trade Bureau, 1310 G
Street NW, Suite 400, Washington, DC
20005.
Please submit your comments by the
closing date shown above in this notice.
Your comments must reference Notice
No. 173 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 state
if you are commenting for yourself 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–2018–
0004 on the Federal e-rulemaking
portal, Regulations.gov, at https://
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www.regulations.gov. A direct link to
that docket is available on the TTB
website at https://www.ttb.gov/wine/
wine_rulemaking.shtml under Notice
No. 173. 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 website’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 of proposed rulemaking, 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 similarlysized 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 an AVA name
would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
daltland on DSKBBV9HB2PROD with PROPOSALS
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.
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. Section 9.48 is amended by revising
paragraph (c)(16), redesignating
paragraph (c)(17) as paragraph (c)(19),
and adding new paragraphs (c)(17) and
(c)(18) to read as follows:
■
§ 9.48
Monticello.
*
*
*
*
*
(c) * * *
(16) Then continuing southwest along
the county line to its intersection with
the Rivanna River;
(17) Then southeast along the Rivanna
River to its confluence with the James
River, near the Fluvanna–Goochland
County line;
(18) Then southwest, then northwest
along the James River to its intersection
with the Albemarle County line;
*
*
*
*
*
Signed: November 30, 2017.
John J. Manfreda,
Administrator.
Approved: March 30, 2018.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
[FR Doc. 2018–07090 Filed 4–5–18; 8:45 am]
BILLING CODE 4810–31–P
Karen A. Thornton of the Regulations
and Rulings Division drafted this notice
of proposed rulemaking.
List of Subjects in 27 CFR Part 9
Wine.
Jkt 244001
Monterey County, California, by
approximately 90 acres. The established
Arroyo Seco viticultural area and the
proposed expansion area both lie within
the established Monterey viticultural
area and the larger, multi-county Central
Coast 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
amendment to its regulations.
DATES: Comments must be received by
June 5, 2018.
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–2018–0003 at ‘‘Regulations.gov,’’
the Federal e-rulemaking portal);
• U.S. Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Suite
400, Washington, DC 20005.
See the Public Participation section of
this notice for specific instructions and
requirements for submitting comments,
and for information on how to request
a public hearing or view or obtain
copies of the petition and supporting
materials.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
[Docket No. TTB–2018–0003; Notice No.
172]
RIN 1513–AC36
Proposed Expansion of the Arroyo
Seco Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
Drafting Information
20:58 Apr 05, 2018
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, Code of Federal
Regulations, as follows:
27 CFR Part 9
Executive Order 12866
VerDate Sep<11>2014
Proposed Regulatory Amendment
14791
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
expand the approximately 18,240-acre
‘‘Arroyo Seco’’ viticultural area in
SUMMARY:
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated various
E:\FR\FM\06APP1.SGM
06APP1
Agencies
[Federal Register Volume 83, Number 67 (Friday, April 6, 2018)]
[Proposed Rules]
[Pages 14787-14791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07090]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2018-0004; Notice No. 173]
RIN 1513-AC37
Proposed Expansion of the Monticello 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
expand the approximately 1,320-square mile ``Monticello'' viticultural
area in Albemarle, Green, Nelson, and Orange Counties in Virginia, by
approximately 166 square miles. The proposal would extend the
viticultural area into Fluvanna County, Virginia. The established
Monticello viticultural area and the proposed expansion area are not
located within 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 amendment to its
regulations.
DATES: Comments must be received by June 5, 2018.
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-2018-0004
at ``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW, Suite 400, Washington, DC
20005.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing or view or obtain copies
of the petition and supporting materials.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated various
authorities through Treasury Department Order 120-01, dated December
10, 2013, (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 the establishment of an AVA and
provides that any interested party may petition TTB to establish a
grape-growing region as an AVA. Petitioners may use the same procedures
to request changes involving existing AVAs. Section 9.12(c) of the TTB
regulations (27 CFR 9.12(c)) prescribes standards for petitions for
modifying established AVAs. Petitions to expand an established AVA must
include the following:
Evidence that the region within the proposed expansion
area boundary is
[[Page 14788]]
nationally or locally known by the name of the established AVA;
An explanation of the basis for defining the boundary of
the proposed expansion area;
A narrative description of the features of the proposed
expansion area affecting viticulture, including climate, geology,
soils, physical features, and elevation, that make the proposed
expansion area similar to the established AVA and distinguish it from
adjacent areas outside the established AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed expansion area, with the
boundary of the proposed expansion area clearly drawn thereon; and
A detailed narrative description of the proposed expansion
area boundary based on USGS map markings.
Petition To Expand the Monticello AVA
TTB received a petition from George Cushnie, co-owner of Thistle
Gate Vineyard, submitted on behalf of himself and a second vineyard
owner, proposing to expand the established ``Monticello'' AVA. The
Monticello AVA (27 CFR 9.48) was established by T.D. ATF-164, which
published in the Federal Register on January 23, 1984 (49 FR 2757). The
Monticello AVA covers approximately 1,320 square miles in Albemarle,
Green, Nelson, and Orange Counties in Virginia. The Monticello AVA and
the proposed expansion area are not located within any other AVA.
The proposed expansion area is adjacent to the southeastern portion
of the established AVA and encompasses approximately 166 square miles
of Fluvanna County between the James River and the Rivanna River. There
are 2 vineyards covering a total of approximately 15 acres within the
proposed expansion area. The petition included a letter from the
president of the Jeffersonian Wine Grape Growers Society, an
organization of over 30 wineries within the Monticello AVA, supporting
the proposed expansion. Unless otherwise noted, all information and
data pertaining to the proposed expansion area contained in this
document come from the petition and its supporting exhibits.
Name Evidence
The expansion petition provides evidence that the proposed
expansion area is historically associated with ``Monticello,'' the home
of Thomas Jefferson, as is the land currently within the Monticello AVA
boundaries. For example, the Rivanna River, which forms the northern
boundary of the proposed expansion area, was the primary means of
transporting agricultural products from Jefferson's lands in the region
to the James River, where the goods were then transported to other
areas of Virginia. The Rivanna River is frequently referred to as ``Mr.
Jefferson's river,'' due to Thomas' Jefferson's efforts to make the
river navigable by building dams, locks, and canals.\1\ The river was
so important to Jefferson and the functioning of Monticello and the
surrounding agricultural lands, including agricultural lands in the
proposed expansion area, that he listed his improvements to the river
as a greater personal achievement than writing the Declaration of
Independence.\2\ Additionally, Jefferson played an active role in the
establishment of Fluvanna County, where the proposed expansion area is
located, and he drew the map for the proposed new county. The petition
states that these pieces of historical evidence demonstrate that the
region of the proposed expansion area held special significance for
Jefferson and was important to the workings of his plantation at
Monticello. As explained in the final rule that first established the
Monticello AVA, the name ``Monticello'' is associated with the region
in large part due to the historic connection with Thomas Jefferson,
which as discussed above, also applies to the proposed expansion area.
---------------------------------------------------------------------------
\1\ McGehee, Minnie Lee, and Trout, William E. Mr. Jefferson's
River, the Rivanna. Fluvanna County Historical Society: Palmyra, VA,
2001.
\2\ Ibid.
---------------------------------------------------------------------------
The petition also provided evidence that the name ``Monticello'' is
currently associated with the proposed expansion area. A lake in the
proposed expansion area is called Lake Monticello. The ``Monticelloman
Olympic Triathlon'' and ``Monticelloman Half Triathlon'' are annual
athletic events held within the proposed expansion area. The Monticello
Area Community Action Agency and Head Start-Monticello Area are two
community assistance organizations that serve the residents of the
proposed expansion area. Businesses within the proposed expansion area
that use the name ``Monticello'' include Monticello Mulch, Monticello
Mattress & More, Monticello Country Realtors, and Century 21 Monticello
Properties.
Boundary Evidence
The established Monticello AVA is a roughly oval shaped region with
a northeast-southwest alignment. The James River and the shared
Albemarle-Fluvanna County line form the southeastern and eastern
boundaries, respectively. The proposed expansion area is adjacent to
the eastern boundary of the established AVA and is located entirely
within Fluvanna County. No portion of Fluvanna County is currently
within the Monticello AVA.
The proposed expansion area is roughly shaped like a triangle, with
its apex pointing east, its base adjacent to the eastern edge of the
established AVA, and the Rivanna and James Rivers forming the two
sides. The apex of the proposed expansion area is at the confluence of
the two rivers, near the town of Columbia. The proposed expansion
area's boundary begins at the intersection of the Rivanna River and the
Albemarle-Fluvanna County line, along the eastern edge of the
established AVA. Instead of continuing to follow the Albemarle-Fluvanna
County line south, as the current AVA boundary does, the proposed
expansion area continues southeasterly along the Rivanna River to its
confluence with the James River. The proposed boundary then follows the
James River southwesterly and then northwesterly to the Albemarle-
Fluvanna County line, where the proposed expansion area boundary
rejoins the current AVA boundary.
Distinguishing Features
The petition states that the climate and soils of the proposed
expansion area are similar to those of the established Monticello AVA.
TTB notes that T.D. ATF-164, which established the Monticello AVA, does
not provide a detailed discussion of the distinguishing features of the
AVA. However, the original petition to establish the AVA contains more
information. A copy of the original Monticello AVA petition was
included as part of the proposed expansion petition package and is
included in Docket No. TTB-2018-0004.
Climate
The original Monticello AVA petition stated that the Blue Ridge
Mountains, to the west of the AVA, shelter the AVA from cold air
flowing from the northwest. However, there are two major gaps in the
mountains: one near Front Royal, Virginia, to the north of the
Monticello AVA; and another near Roanoke, Virginia, to the south of the
AVA. According to the original Monticello AVA petition, these two gaps
divide cold air masses into two ``rivers of cold air'' that bypass the
AVA and rejoin farther to the east, in the lower elevations and plains
of the Piedmont region. Because the cool air
[[Page 14789]]
bypasses the Monticello AVA, the petition stated that temperatures
within the AVA are typically warmer than temperatures to the west of
the AVA in the Blue Ridge Mountains and to the east of the AVA in the
Piedmont region.
A map in the original Monticello AVA petition shows that the
average growing season length of the AVA ranges from 220 to 250 days,
whereas the region east of the AVA averages between 150 and 175 days.
The petition also included a 1979 plant hardiness zone map prepared by
the Office of the Virginia State Climatologist that shows the AVA in
zone 7, meaning that minimum winter temperature is typically between 5
and 10 degrees Fahrenheit (F). By contrast, the same map classifies the
areas to the east and west of the AVA as zone 6, which ranges from -5
degrees to 5 degrees F.
The petition for the proposed expansion area included a current
USDA plant hardiness zone map. Although the climate zones for the
Monticello AVA, the proposed expansion area, and the surrounding
regions have changed according to the new map, the established AVA and
the proposed expansion area are still in a warmer zone than the region
to the west. The new map places the Monticello AVA into zone 7a, where
minimum winter temperatures ranges from 0 to 5 degrees F. The
confluence of the Rivanna River and the James River, which is the
location of the proposed expansion area, is shown on this map and is
also in zone 7a, as is the entire region east of both the AVA and the
proposed expansion area, as far east as Richmond. The region west of
both the AVA and the proposed expansion area, within the Blue Ridge
Mountains, is a cooler zone 6b, with minimum winter temperatures
between -5 and 0 degrees F.
Although the plant hardiness zone map indicates that the zone for
the Monticello AVA and the proposed expansion area extends eastward to
Richmond, the petitioner provided other climate evidence to distinguish
the proposed expansion area from the region to the east. For instance,
the proposed expansion petition provides a higher-resolution of the map
that was used in the original AVA petition to show the length of the
growing season within the AVA and the surrounding areas. The higher
resolution map shows that the far northeastern portion of the
Monticello AVA, in Orange County, extends eastward beyond the 200-day
contour, though not far enough east to reach the 175-day contour. The
expansion petition estimates that, based on the higher resolution map,
the Orange County portion of the AVA has a growing season between 190
and 200 days. When the proposed expansion area is drawn onto this high-
resolution map, it also appears to have a growing season of between 190
and 200 days. Similar to the existing AVA, the proposed expansion area
does not extend into the 175-day contour, which is slightly farther to
the east. Therefore, according to the proposed expansion petition, the
higher-resolution map shows that the proposed expansion area has a
growing season length similar to that of the Orange County portion of
the Monticello AVA. The higher-resolution map also shows that the
region to the east of both the Monticello AVA and the proposed
expansion area has a shorter growing season.
Finally, the proposed expansion petition provided a higher-
resolution version of the map used in the original Monticello petition
to show the path that the ``rivers of cold air'' take around the AVA.
The higher-resolution map shows that the Orange County portion of the
Monticello AVA extends between the 15 degree contour and the 13 degree
contour, meaning that the minimum January temperature for this portion
of the Monticello AVA is between 13 and 15 degrees F. The ``rivers of
cold air'' converge farther east, between the 13 degree contour and the
11 degree contour. When drawn on this map, the proposed expansion area
also extends beyond the 15 degree contour, but not into the 13 degree
contour. The proposed expansion petition states that this higher-
resolution map demonstrates that January temperatures within the
proposed expansion area are more similar to those of the Orange County
portion of the Monticello AVA than those of the cooler region farther
to the east of the established AVA where the ``rivers of cold air''
converge.
The proposed expansion petition states that climate affects
viticulture within the Monticello AVA and the proposed expansion area.
According to the petition, the recommended minimum growing season
length for most varietals of wine grapes in Virginia is 180 days,
although a few very-early ripening varietals such as some Muscat
varietals and Viognier can ripen in as few as 155 days.\3\ The 190- to
200-day growing season length in the proposed expansion area is long
enough to grow many varietals of wine grapes, including Cabernet Franc,
Malbec, Chardonnay, Merlot, and Pinot Gris. The proposed expansion
petition states that these varietals are also all grown within the
established Monticello AVA.
---------------------------------------------------------------------------
\3\ Wolf, Tony K., and Boyer, John D. Vineyard Site Selection.
Virginia Tech Publication #463-020. 2003, page 2.
---------------------------------------------------------------------------
Soils
The original petition to establish the Monticello AVA described the
soils of the AVA as a mixture of clay and loam. The soils are generally
deep and well-drained. The predominant soil series found within the AVA
are Buchanan, Davidson, Dyke, Nason, and Rapidan. Neither the original
AVA petition nor T.D. ATF-164 describes the soils surrounding the
Monticello AVA.
The proposed expansion petition states that modern internet-based
soil mapping tools provide a more detailed and accurate description of
the soil series of the proposed AVA than the paper soil maps used in
the original Monticello AVA petition. The expansion petition included a
table comparing the major soil series found in the proposed expansion
area, located in Fluvanna County, and the counties currently within the
Monticello AVA. The data was compiled using the USDA's Websoils
tool.\4\ The data shows that the proposed expansion area shares four of
the five major soil series found within the Monticello AVA.
---------------------------------------------------------------------------
\4\ https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm.
Soils of the Monticello AVA and the Proposed Expansion Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Soil series
County ------------------------------------------------------------------------------------
Lew Louisburg Manteo Nason Tatum
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fluvanna (proposed expansion area)................................. ............... X X X X
Albemarle.......................................................... X X X X X
Green.............................................................. X ............... ............... ............... ...............
Nelson............................................................. X ............... ............... ............... ...............
[[Page 14790]]
Orange............................................................. ............... X X X X
--------------------------------------------------------------------------------------------------------------------------------------------------------
According to the proposed expansion petition, the soils found
within the proposed expansion area are well-suited for viticulture,
particularly soils of the Nason and Manteo series. These two soils are
described as well-drained silty loams. Well-drained soils prevent boggy
conditions, which restrict root growth and respiration. The soils also
have low to moderate levels of organic content. The proposed expansion
petition states that soils with high levels of organic content are not
generally desirable for viticulture because the abundance of nutrients
promotes overly vigorous shoot and leaf growth at the expense of fruit
production and quality.
TTB Determination
TTB concludes that the petition to expand the boundaries of the
established Monticello AVA 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
expansion area in the proposed regulatory text published at the end of
this proposed rule.
Maps
To document the existing and proposed boundaries of the Monticello
AVA, the petitioner provided a copy of the required 1971 1:250,000-
scale Roanoke, Virginia USGS quadrangle map.
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.
The approval of the proposed expansion of the Monticello AVA would
not affect any other existing viticultural area. The expansion of the
Monticello AVA would allow vintners to use ``Monticello'' as an
appellation of origin for wines made primarily from grapes grown within
the proposed expansion area if the wines meet the eligibility
requirements for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should expand the Monticello AVA as proposed. TTB is
specifically interested in receiving comments on the similarity of the
proposed expansion area to the established Monticello AVA, as well as
the differences between the proposed expansion area and the areas
outside the Monticello AVA. TTB is particularly interested in any
viticulture that occurs in the eastern watershed of Fluvanna County and
how it relates to the boundary evidence discussed above and presented
in the expansion petition. Please provide specific information in
support of your comments.
Submitting Comments
You may submit comments on this notice of proposed rulemaking 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-2018-
0004 on ``Regulations.gov,'' the Federal e-rulemaking portal, at https://www.regulations.gov. A direct link to that docket is available under
Notice No. 173 on the TTB website at https://www.ttb.gov/wine/wine_rulemaking.shtml">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. 173 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 state if you are commenting for
yourself 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-2018-0004 on the Federal e-
rulemaking portal, Regulations.gov, at https://
[[Page 14791]]
www.regulations.gov. A direct link to that docket is available on the
TTB website at https://www.ttb.gov/wine/wine_rulemaking.shtml under
Notice No. 173. 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 website'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 of proposed rulemaking, 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 an AVA name would be the result of a proprietor's
efforts and consumer acceptance of wines from that area. Therefore, no
regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this notice of proposed rulemaking.
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. Section 9.48 is amended by revising paragraph (c)(16), redesignating
paragraph (c)(17) as paragraph (c)(19), and adding new paragraphs
(c)(17) and (c)(18) to read as follows:
Sec. 9.48 Monticello.
* * * * *
(c) * * *
(16) Then continuing southwest along the county line to its
intersection with the Rivanna River;
(17) Then southeast along the Rivanna River to its confluence with
the James River, near the Fluvanna-Goochland County line;
(18) Then southwest, then northwest along the James River to its
intersection with the Albemarle County line;
* * * * *
Signed: November 30, 2017.
John J. Manfreda,
Administrator.
Approved: March 30, 2018.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2018-07090 Filed 4-5-18; 8:45 am]
BILLING CODE 4810-31-P