Proposed Establishment of the Upper Hudson Viticultural Area, 15091-15095 [2018-07210]
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Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules
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
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 of the approved AVAs.
27 CFR Part 9
[Docket No. TTB–2018–0005; Notice No.
174]
RIN 1513–AC38
Proposed Establishment of the Upper
Hudson Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 1,500square mile ‘‘Upper Hudson’’
viticultural area in all or portions of
Albany, Montgomery, Rensselaer,
Saratoga, Schenectady, Schoharie, and
Washington Counties in New York. The
proposed viticultural area does not lie
within, nor does it contain, any other
established viticultural area. TTB
designates viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase. TTB invites comments on this
proposed addition to its regulations.
DATES: Comments must be received by
June 8, 2018.
ADDRESSES: Please send your comments
on this proposed rule to one of the
following addresses:
• Internet: https://www.regulations.gov
(via the online comment form for this
proposed rule as posted within Docket
No. TTB–2018–0005 at
‘‘Regulations.gov,’’ the Federal erulemaking portal);
• U.S. Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Suite
400, Washington, DC 20005.
See the Public Participation section of
this proposed rule for specific
instructions and requirements for
submitting comments, and for
information on how to request a public
hearing or view or request copies of the
petition and supporting materials.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005;
phone (202) 453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features, as described in
part 9 of the regulations, and a name
and a delineated boundary, as
established in part 9 of the regulations.
These designations allow vintners and
consumers to attribute a given quality,
reputation, or other characteristic of a
wine made from grapes grown in an area
to the wine’s geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of an AVA is
neither an approval nor an endorsement
by TTB of the wine produced in that
area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
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the procedure for proposing an AVA
and provides that any interested party
may petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes standards for petitions for the
establishment or modification of AVAs.
Petitions to establish an AVA must
include the following:
• Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Upper Hudson Petition
TTB received a petition from Andrew
and Kathleen Weber, owners of
Northern Cross Vineyard, on behalf of
local grape growers and vintners,
proposing to establish the
approximately 1,500-square mile
‘‘Upper Hudson’’ AVA. Nineteen
commercial vineyards, covering
approximately 67.5 acres, are
distributed across the proposed AVA.
According to the petition, several
vineyard owners are planning to expand
their vineyards by a total of 14
additional acres in the near future, and
4 new vineyards are also planned. All
19 of the vineyards within the proposed
AVA also have attached wineries.
The distinguishing feature of the
proposed Upper Hudson AVA is its
climate. Unless otherwise noted, all
information and data pertaining to the
proposed AVA contained in this
proposed rule comes from the petition
for the proposed Upper Hudson AVA
and its supporting exhibits.
Name Evidence
The proposed Upper Hudson AVA is
located along the Hudson River.
According to the petition, the term
‘‘Upper Hudson’’ is used to describe the
non-tidal portion of the river above the
Federal Dam in Troy, New York. For
example, the U.S. Geological Survey has
a web page with information about the
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Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules
Hudson River watershed in the region of
the proposed AVA titled ‘‘USGS Water
Resources Links for the Upper
Hudson.’’ 1 The petition also included a
‘‘USA Today’’ article about kayaking
trips within the region that includes the
proposed AVA and is titled ‘‘Kayaking
in the Upper Hudson.’’ 2
The petition included a listing of
organizations and businesses within the
proposed AVA that use the name
‘‘Upper Hudson.’’ The Phi Beta Kappa
fraternal organization 3, and the
Editorial Freelancers Association 4 both
have chapters within the proposed
boundaries of the AVA referred to as
‘‘Upper Hudson.’’ The Upper Hudson
Green Party and the Upper Hudson
Peace Action are two other
organizations located within the
proposed AVA. The Upper Hudson
Research Center provides laboratory and
field station facilities within the
proposed AVA for researchers of
Rensselaer Polytechnic Institute who
study freshwater habitats. Medical
facilities within the proposed AVA
include Upper Hudson Dermatology and
Upper Hudson Primary Care. Finally,
Upper Hudson Farm Direct provides
deliveries of fresh produce from farms
within the region of the proposed AVA.
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Boundary Evidence
The proposed Upper Hudson AVA
includes all or portions of Albany,
Montgomery, Rensselaer, Saratoga,
Schenectady, Schoharie, and
Washington Counties in New York. The
proposed boundaries follow a series of
roads and rivers. To the east of the
proposed AVA are the foothills of the
Taconic Mountains, which have higher
elevations and cooler growing season
temperatures than the proposed AVA.
To the south of the proposed AVA is the
region known as the Lower Hudson
River Valley, which includes the
established Hudson River Region AVA
(27 CFR 9.47). This region has warmer
annual temperatures than the proposed
AVA, due to the tidal nature of the
lower portion of the Hudson River. To
the west of the proposed AVA are the
Adirondack and Allegheny Mountains,
which have higher elevations and cooler
annual temperatures than the proposed
AVA. To the north of the proposed AVA
are the valleys of Lake George and Lake
Champlain, where growing season
temperatures are generally warmer due
to the moderating effects of the lakes.
1 https://water.usgs.gov/lookup/getwatershed
?02020001.
2 https://traveltips.usatoday.com/kayaking-upperhudson-61158.html.
3 https://uhpbk.org.
4 www.the-efa.org/chp/?chp=upperhudson.
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Distinguishing Features
The distinguishing feature of the
proposed Upper Hudson AVA is its
climate. The petition included
information on the USDA plant
hardiness zones and the growing degree
day accumulations (GDDs) 5 for the
proposed AVA and the surrounding
areas.
conducted at several universities, most
of these varietals are cold hardy to ¥15
degrees F, while Pinot Noir is cold
hardy only to ¥8 degrees F. Because
winter temperatures within the
proposed Upper Hudson AVA regularly
drop as low as ¥20 degrees, these
varietals would not be suitable for
growing within the proposed AVA.
Plant Hardiness Zones
The USDA plant hardiness zone map
included in the petition divides the
United States into zones based on the
average annual minimum winter
temperature. The map is divided into 13
zones, from the coolest zone 1 to the
warmest zone 13. Each zone has a 10degree Fahrenheit (F) range and is
further divided into two 5-degree F subzones, which are designated ‘‘a’’ and
‘‘b’’. According to the map, the
proposed Upper Hudson AVA falls into
zones 5a and 5b. Average minimum
temperatures in these zones range from
¥20 to ¥15 degrees F. The petition
states that these average minimum
winter temperatures are cold enough to
damage or even kill many varietals of
grapes. Therefore, vineyard owners
within the proposed AVA plant coldhardy varietals such as Marquette,
Frontenac, La Crescent, and La Crosse,
which have been developed to
withstand temperatures as low as ¥30
degrees.
The plant hardiness zone map shows
that the regions to the immediate east
and west of the proposed Upper Hudson
AVA are also classified as zones 5a and
5b. However, the Adirondack and
Allegheny mountains farther to the west
and northwest of the proposed AVA are
classified as zones 3b, 4a, and 4b,
meaning that average minimum
temperatures in the region are between
¥35 and ¥25 degrees F.
The region south of the proposed
AVA, which includes the established
Hudson River Region AVA, is classified
as zones 6a and 6b, with average
minimum temperatures between ¥10
and 0 degrees F. According to the
petition, grape varietals commonly
grown within the established Hudson
River Region AVA include Seyval
Blanc, Baco Noir, Cabernet Franc, Pinot
Noir, Vignoles, and Traminette. The
petition states that according to research
Growing Degree Days
The petition included a graph
showing the average GDD
accumulations for 19 locations within
the proposed AVA and the surrounding
areas. Six of these locations are within
the proposed AVA, and the remainder
are from the surrounding areas. The
graph may be viewed in its entirety on
Regulations.gov as part of the public
docket, Docket No. TTB–2018–0005.
The following table lists only the
locations in the graph for which at least
3 years of data was available, as well as
the location’s direction relevant to the
proposed AVA.
5 In the Winkler climate classification system,
annual heat accumulation during the growing
season, measured in annual growing degree days
(GDDs), defines climatic regions. One GDD
accumulates for each degree Fahrenheit that a day’s
mean temperature is above 50 degrees, the
minimum temperature required for grapevine
growth. See Albert J. Winkler, General Viticulture
(Berkeley: University of California Press, 2d ed.
1974), pages 61–64.
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LOCATIONS WITH GDD DATA
AVAILABLE FROM 2012–2014
Location
Ticonderoga, NY ................
Rutland, VT ........................
East Dorset, VT .................
North Adams, MA ..............
Pittsfield, MA ......................
Castleton, NY ....................
Hudson, NY .......................
Cobleskill, NY ....................
North Blenheim, NY ...........
Gloversville, NY .................
Bennington, VT ..................
Clifton Park, NY .................
Melrose, NY .......................
Schoharie, NY ...................
Guilderland, NY .................
Glens Falls, NY .................
Direction from
Proposed AVA
North.
Northeast.
East.
Southeast.
Southeast.
South.
South.
Southwest.
Southwest.
West.
West.
Within.
Within.
Within.
Within.
Within.
The graph included in the petition
shows that the locations within the
proposed AVA achieved GDD
accumulations ranging between 2,300
and 2,700. Guilderland, Melrose, Clifton
Park, and Schoharie all had GDD
accumulations of over 2,500, which is
generally considered to be the minimum
GDD accumulations needed to ripen
most varietals of grapes 6. Glens Falls,
which is located at the northernmost
boundary of the proposed AVA, is
shown as having slightly fewer than
2,500 GDDs. According to the petition,
the locations within the proposed AVA
reach 2,500 GDDs late in September,
meaning that the fruit typically has only
6 See Albert J. Winkler, General Viticulture
(Berkeley: University of California Press, 2d ed.
1974), pages 61–64, 143.
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a few weeks to continue maturing before
the first frost sets in. The petition states
that, as a result, wineries often must
work with tart fruit and remove the
tartness as part of the winemaking
process through the use of Malolactic
fermentation, pH adjustment, or
residual sugars.
By contrast, the graph shows that the
locations to the north and south of the
proposed AVA have GDD
accumulations over 2,700. Ticonderoga
is located on the shore of Lake
Champlain, and Hudson and Castleton
are both located along the tidal portion
of the Hudson River. Hudson, the
southernmost location shown on the
graph, has the highest GDD
accumulation of any location depicted
in the graph, with just over 2,900.
According to the petition, the warming
effects of both Lake Champlain and the
tidal portion of the Hudson River
contribute to the higher GDD
accumulations in the regions north and
south of the proposed AVA. The graph
also shows that these locations all reach
2,500 GDDs earlier in September than
the locations within the proposed AVA.
The petition states that grapes in these
warmer regions have more time to
mature before the first frost, so the
grapes ‘‘have the tartness removed in
the vineyard.’’
The remaining locations, to the east,
southeast, southwest, and west of the
proposed Upper Hudson AVA, all have
lower GDD accumulations than the
proposed AVA. Of these locations,
North Adams and Bennington have the
highest GDD accumulations, with just
over 2,300. Gloversville had the lowest,
with just over 1,700. The petition shows
that viticulture in these regions would
be difficult because the GDD
accumulations would not reach the
levels necessary to reliably ripen most
varietals of grapes.
Summary of Distinguishing Features
In summary, the evidence provided in
the petition indicates that the climate of
the proposed Upper Hudson AVA
distinguishes it from the surrounding
regions in each direction. The proposed
AVA has lower GDD accumulations
than the regions to the north and south,
which benefit from the warming
influence of Lake Champlain and the
tidal portion of the Hudson River. The
region to the south is also classified in
a warmer plant hardiness zone. The
proposed AVA has higher GDD
accumulations than the regions to the
east and west and is also classified in a
warmer plant hardiness zone than the
region to the west. As a result of its
climate, the proposed Upper Hudson
AVA is suitable for growing cold-hardy
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grape hybrids, but not the grape
varietals that are commonly grown
farther south within the established
Hudson River Region AVA.
TTB Determination
TTB concludes that the petition to
establish the approximately 1,500square mile Upper Hudson AVA merits
consideration and public comment, as
invited in this proposed rule.
Boundary Description
See the narrative description of the
boundary of the petitioned-for AVA in
the proposed regulatory text published
at the end of this proposed rule.
Maps
The petitioner provided the required
maps, and they are listed below in the
proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name,
at least 85 percent of the wine must be
derived from grapes grown within the
area represented by that name, and the
wine must meet the other conditions
listed in § 4.25(e)(3) of the TTB
regulations (27 CFR 4.25(e)(3)). If the
wine is not eligible for labeling with an
AVA name and that name appears in the
brand name, then the label is not in
compliance and the bottler must change
the brand name and obtain approval of
a new label. Similarly, if the AVA name
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label. Different rules apply if a wine has
a brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
§ 4.39(i)(2) of the TTB regulations (27
CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA,
its name, ‘‘Upper Hudson,’’ will be
recognized as a name of viticultural
significance under § 4.39(i)(3) of the
TTB regulations (27 CFR 4.39(i)(3)). The
text of the proposed regulation clarifies
this point. Consequently, if this
proposed rule is adopted as a final rule,
wine bottlers using the name ‘‘Upper
Hudson’’ in a brand name, including a
trademark, or in another label reference
as to the origin of the wine, would have
to ensure that the product is eligible to
use the AVA name as an appellation of
origin.
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Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should establish the proposed AVA.
TTB is also interested in receiving
comments on the sufficiency and
accuracy of the name, boundary, soils,
climate, and other required information
submitted in support of the petition.
Please provide any available specific
information in support of your
comments.
Because of the potential impact of the
establishment of the proposed Upper
Hudson AVA on wine labels that
include the term ‘‘Upper Hudson,’’ as
discussed above under Impact on
Current Wine Labels, TTB is
particularly interested in comments
regarding whether there will be a
conflict between the proposed area
name and currently used brand names.
If a commenter believes that a conflict
will arise, the comment should describe
the nature of that conflict, including any
anticipated negative economic impact
that approval of the proposed AVA will
have on an existing viticultural
enterprise. TTB is also interested in
receiving suggestions for ways to avoid
conflicts, for example, by adopting a
modified or different name for the AVA.
Submitting Comments
You may submit comments on this
proposed rule by using one of the
following three methods (please note
that TTB has a new address for
comments submitted by U.S. Mail):
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this
proposed rule within Docket No. TTB–
2018–0005 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 174 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.
• 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.
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Please submit your comments by the
closing date shown above in this
proposed rule. Your comments must
reference Notice No. 174 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.
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Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this proposed rule, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2018–
0005 on the Federal e-rulemaking
portal, Regulations.gov, at https://
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. 174. You may also reach the
relevant docket through the
Regulations.gov search page at https://
www.regulations.gov. For information
on how to use Regulations.gov, click on
the site’s ‘‘Help’’ tab.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
or material that the Bureau considers
unsuitable for posting.
You may also view copies of this
proposed rule, all related petitions,
maps and other supporting materials,
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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 any similarly-sized documents that
may be included as part of the AVA
petition. Contact TTB’s information
specialist at the above address or by
telephone at (202) 453–2265 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
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.__ to read as follows:
■
§ 9.__
Upper Hudson.
(a) Name. The name of the viticultural
area described in this section is ‘‘Upper
Hudson’’. For purposes of part 4 of this
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chapter, ‘‘Upper Hudson’’ is a term of
viticultural significance.
(b) Approved maps. The four United
States Geological Survey (USGS)
1:100,000 scale topographic maps used
to determine the boundary of the Upper
Hudson viticultural area are titled:
(1) Glens Falls, New York—Vermont,
1989;
(2) Albany, New York—
Massachusetts—Vermont, 1989;
(3) Amsterdam, New York, 1985;
photoinspected 1990; and
(4) Gloversville, New York, 1985;
photoinspected 1992;
(c) Boundary. The Upper Hudson
viticultural area is located in Albany,
Montgomery, Rensselaer, Saratoga,
Schenectady, Schoharie, and
Washington Counties in New York. The
boundary of the Upper Hudson
viticultural area is as described below:
(1) The point of the beginning is on
the Glens Falls map at the intersection
of U.S. Highway 9 and State Highway
32, in Glens Falls. From the beginning
point, proceed east on State Highway 32
to its intersection with State Highway
254; then
(2) Proceed southeasterly along State
Highway 254 to its intersection with
U.S. Highway 4 in Hudson Falls; then
(3) Proceed south along U.S. Highway
4 to its intersection with State Highway
197 in Fort Edward; then
(4) Proceed east, then southeast along
State Highway 197 to its intersection
with State Highway 40 in Argyle; then
(5) Proceed southeast in a straight line
to the intersection of State Highway 29
and State Highway 22 in Greenwich
Junction; then
(6) Proceed south along State
Highway 22, crossing onto the Albany
map, to the highway’s intersection with
State Highway 7 in Hoosick; then
(7) Proceed southwest along State
Highway 7, crossing the Hudson River,
to the highway’s intersection with State
Highway 32 in Green Island; then
(8) Proceed south on State Highway
32 to its intersection with U.S. Highway
20 in Albany; then
(9) Proceed west on U.S. Highway 20
its intersection with U.S. Highway 9;
then
(10) Proceed southwest along U.S.
Highway 9 to its intersection with State
Highway 443; then
(11) Proceed southwest, then westerly
along State Highway 443, crossing onto
the Amsterdam map, to the highway’s
intersection with an unnamed state
highway known locally as State
Highway 30 in Vroman Corners; then
(12) Proceed northwesterly along
State Highway 30 to its intersection
with State Highway 30A in Sidney
Corners; then
E:\FR\FM\09APP1.SGM
09APP1
Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules
(13) Proceed north along State
Highway 30A, crossing over the
Mohawk River, to the highway’s
intersection with State Highway 5 in
Fonda; then
(14) Proceed east along State Highway
5 to its intersection with State Highway
67 in Amsterdam; then
(15) Proceed east along State Highway
67 to its intersection with an unnamed
light-duty road known locally as
Morrow Road; then
(16) Proceed northeast in a straight
line, crossing over the southeastern
corner of the Gloversville map and onto
the Glens Falls map, to the point where
Daly Creek empties into Great
Sacandaga Lake; then
(17) Proceed northeast, then east
along the southern shore of Great
Sacandaga Lake to its confluence with
the Hudson River in the town of Lake
Luzerne; then
(18) Proceed south, then easterly
along the southern bank of the Hudson
River to its intersection with U.S.
Highway 9 in South Glens Falls; then
(19) Proceed northwest along U.S.
Highway 9, crossing the Hudson River,
and returning to the beginning point.
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. 2018–07210 Filed 4–6–18; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
31 CFR Parts 30 and 32
Eliminating Unnecessary Regulations
Departmental Offices, Treasury.
Notice of proposed rulemaking.
AGENCY:
ACTION:
Pursuant to the policies stated
in Executive Order 13777 (the executive
order), the Treasury Department
conducted a review of existing
regulations, with the goal of reducing
regulatory burden by revoking or
revising existing regulations that meet
the criteria set forth in the executive
order. This notice of proposed
rulemaking proposes to streamline our
regulations by removing one regulation
that is no longer necessary because it
does not have any current or future
applicability, and by amending one
regulation to remove portions that no
longer have any current or future
applicability.
sradovich on DSK3GMQ082PROD with PROPOSALS
SUMMARY:
DATES:
Comment due date: June 8, 2018.
VerDate Sep<11>2014
16:17 Apr 06, 2018
Jkt 244001
Submit comments
electronically through the Federal
eRulemaking Portal: https://
www.regulations.gov, or by mail to: The
Treasury Department, Attn: Office of the
Assistant General Counsel for Banking
and Finance, 1500 Pennsylvania
Avenue NW, Washington, DC 20220.
Because paper mail in the Washington,
DC area may be subject to delay, it is
recommended that comments be
submitted electronically. Please include
your name, affiliation, address, email
address, and telephone number in your
comment. Comments will be available
for public inspection on
www.regulations.gov. In general,
comments received, including
attachments and other supporting
materials, are part of the public record
and are available to the public. Do not
submit any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
FOR FURTHER INFORMATION CONTACT:
Laurie Adams, Office of the Assistant
General Counsel for Banking and
Finance at (202) 927–8727 or
laurie.adams@treasury.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Background
On February 24, 2017, the President
issued Executive Order 13777,
Enforcing the Regulatory Reform
Agenda (82 FR 12285). E.O. 13777
directed each agency to establish a
Regulatory Reform Task Force. Each
Regulatory Reform Task Force was
directed to review existing regulations
for regulations that: (i) Eliminate jobs, or
inhibit job creation; (ii) are outdated,
unnecessary, or ineffective; (iii) impose
costs that exceed benefits; (iv) create a
serious inconsistency or otherwise
interfere with regulatory reform
initiatives and policies; (v) are
inconsistent with the requirements of
the Information Quality Act (section 515
of the Treasury and General
Government Appropriations Act of
2001) or OMB Information Quality
Guidance issued pursuant to that
provision; or (vi) derive from or
implement Executive Orders or other
Presidential directives that have been
subsequently rescinded or substantially
modified.
This notice of proposed rulemaking
proposes to remove one regulation and
portions of a second regulation that
have no current or future applicability
and, therefore, no longer provide useful
guidance. Removing these regulations
from the Code of Federal Regulations
will streamline Title 31, Money and
Finance: Treasury; and increase clarity
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
15095
of the law. These regulations are
proposed to be removed from the Code
of Federal Regulations solely because
the regulations are outdated and
unnecessary.
Explanation of Provisions
The regulations, or portions of
regulations, proposed to be removed
relate to components of Treasury
programs that are no longer in existence.
They are: TARP Standards for
Compensation and Corporate
Governance, 31 CFR part 30. The
regulations in 31 CFR part 30 set forth
standards for the compensation of
executives of companies that received
capital from Treasury as part of the
Troubled Asset Relief Program (TARP)
developed under the Emergency
Economic Stabilization Act of 2008
(EESA) (12 U.S.C. 5201 et seq.). Portions
of this rule relate to ‘‘exceptional
financial assistance’’ that was provided
to some of the largest financial
institutions in the United States under
programs specifically created for those
institutions. Other portions of the rule
established and provided authority to
the Office of the Special Master for
TARP Executive Compensation (Special
Master). The Special Master was given
authority to approve certain payments
to employees of TARP recipients
receiving exceptional financial
assistance, review payments to
employees made prior to February 17,
2009, and issue advisory opinions on
compensation to TARP recipients.
The TARP program has largely wound
down and there are no recipients of
exceptional financial assistance left in
the TARP program. Additionally, the
Special Master had the opportunity to
review compensation made prior to
February 17, 2009. Given the absence of
exceptional financial assistance entities
and the current status of the TARP
program, the Office of the Special
Master for TARP Executive
Compensation no longer has any
employees. Thus, Treasury proposes
that Section 30.16 of 31 CFR part 30 be
removed.
Payments in Lieu of Low Income
Housing Tax Credits (31 CFR Part 32)
The regulation in 31 CFR part 32 sets
forth Treasury’s policy regarding the
time limitation within which State
housing credit agencies must disburse
funds received under section 1602 of
the American Recovery and
Reinvestment Tax Act of 2009. This rule
allowed States to disburse section 1602
funds to subawardees through December
31, 2011 under certain conditions.
Treasury no longer awards section
1602 funds to State housing credit
E:\FR\FM\09APP1.SGM
09APP1
Agencies
[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)]
[Proposed Rules]
[Pages 15091-15095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07210]
[[Page 15091]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2018-0005; Notice No. 174]
RIN 1513-AC38
Proposed Establishment of the Upper Hudson Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the approximately 1,500-square mile ``Upper Hudson''
viticultural area in all or portions of Albany, Montgomery, Rensselaer,
Saratoga, Schenectady, Schoharie, and Washington Counties in New York.
The proposed viticultural area does not lie within, nor does it
contain, any other established viticultural area. TTB designates
viticultural areas to allow vintners to better describe the origin of
their wines and to allow consumers to better identify wines they may
purchase. TTB invites comments on this proposed addition to its
regulations.
DATES: Comments must be received by June 8, 2018.
ADDRESSES: Please send your comments on this proposed rule to one of
the following addresses:
Internet: https://www.regulations.gov (via the online
comment form for this proposed rule as posted within Docket No. TTB-
2018-0005 at ``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW, Suite 400, Washington, DC
20005.
See the Public Participation section of this proposed rule for
specific instructions and requirements for submitting comments, and for
information on how to request a public hearing or view or request
copies of the petition and supporting materials.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; phone (202) 453-1039, ext.
175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated various
authorities through Treasury Department Order 120-01, 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 of the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and a name and a delineated boundary, as
established in part 9 of the regulations. These designations allow
vintners and consumers to attribute a given quality, reputation, or
other characteristic of a wine made from grapes grown in an area to the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA is neither an approval nor an endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
standards for petitions for the establishment or modification of AVAs.
Petitions to establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Upper Hudson Petition
TTB received a petition from Andrew and Kathleen Weber, owners of
Northern Cross Vineyard, on behalf of local grape growers and vintners,
proposing to establish the approximately 1,500-square mile ``Upper
Hudson'' AVA. Nineteen commercial vineyards, covering approximately
67.5 acres, are distributed across the proposed AVA. According to the
petition, several vineyard owners are planning to expand their
vineyards by a total of 14 additional acres in the near future, and 4
new vineyards are also planned. All 19 of the vineyards within the
proposed AVA also have attached wineries.
The distinguishing feature of the proposed Upper Hudson AVA is its
climate. Unless otherwise noted, all information and data pertaining to
the proposed AVA contained in this proposed rule comes from the
petition for the proposed Upper Hudson AVA and its supporting exhibits.
Name Evidence
The proposed Upper Hudson AVA is located along the Hudson River.
According to the petition, the term ``Upper Hudson'' is used to
describe the non-tidal portion of the river above the Federal Dam in
Troy, New York. For example, the U.S. Geological Survey has a web page
with information about the
[[Page 15092]]
Hudson River watershed in the region of the proposed AVA titled ``USGS
Water Resources Links for the Upper Hudson.'' \1\ The petition also
included a ``USA Today'' article about kayaking trips within the region
that includes the proposed AVA and is titled ``Kayaking in the Upper
Hudson.'' \2\
---------------------------------------------------------------------------
\1\ https://water.usgs.gov/lookup/getwatershed?02020001.
\2\ https://traveltips.usatoday.com/kayaking-upper-hudson-61158.html.
---------------------------------------------------------------------------
The petition included a listing of organizations and businesses
within the proposed AVA that use the name ``Upper Hudson.'' The Phi
Beta Kappa fraternal organization \3\, and the Editorial Freelancers
Association \4\ both have chapters within the proposed boundaries of
the AVA referred to as ``Upper Hudson.'' The Upper Hudson Green Party
and the Upper Hudson Peace Action are two other organizations located
within the proposed AVA. The Upper Hudson Research Center provides
laboratory and field station facilities within the proposed AVA for
researchers of Rensselaer Polytechnic Institute who study freshwater
habitats. Medical facilities within the proposed AVA include Upper
Hudson Dermatology and Upper Hudson Primary Care. Finally, Upper Hudson
Farm Direct provides deliveries of fresh produce from farms within the
region of the proposed AVA.
---------------------------------------------------------------------------
\3\ https://uhpbk.org.
\4\ www.the-efa.org/chp/?chp=upperhudson.
---------------------------------------------------------------------------
Boundary Evidence
The proposed Upper Hudson AVA includes all or portions of Albany,
Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, and
Washington Counties in New York. The proposed boundaries follow a
series of roads and rivers. To the east of the proposed AVA are the
foothills of the Taconic Mountains, which have higher elevations and
cooler growing season temperatures than the proposed AVA. To the south
of the proposed AVA is the region known as the Lower Hudson River
Valley, which includes the established Hudson River Region AVA (27 CFR
9.47). This region has warmer annual temperatures than the proposed
AVA, due to the tidal nature of the lower portion of the Hudson River.
To the west of the proposed AVA are the Adirondack and Allegheny
Mountains, which have higher elevations and cooler annual temperatures
than the proposed AVA. To the north of the proposed AVA are the valleys
of Lake George and Lake Champlain, where growing season temperatures
are generally warmer due to the moderating effects of the lakes.
Distinguishing Features
The distinguishing feature of the proposed Upper Hudson AVA is its
climate. The petition included information on the USDA plant hardiness
zones and the growing degree day accumulations (GDDs) \5\ for the
proposed AVA and the surrounding areas.
---------------------------------------------------------------------------
\5\ In the Winkler climate classification system, annual heat
accumulation during the growing season, measured in annual growing
degree days (GDDs), defines climatic regions. One GDD accumulates
for each degree Fahrenheit that a day's mean temperature is above 50
degrees, the minimum temperature required for grapevine growth. See
Albert J. Winkler, General Viticulture (Berkeley: University of
California Press, 2d ed. 1974), pages 61-64.
---------------------------------------------------------------------------
Plant Hardiness Zones
The USDA plant hardiness zone map included in the petition divides
the United States into zones based on the average annual minimum winter
temperature. The map is divided into 13 zones, from the coolest zone 1
to the warmest zone 13. Each zone has a 10-degree Fahrenheit (F) range
and is further divided into two 5-degree F sub-zones, which are
designated ``a'' and ``b''. According to the map, the proposed Upper
Hudson AVA falls into zones 5a and 5b. Average minimum temperatures in
these zones range from -20 to -15 degrees F. The petition states that
these average minimum winter temperatures are cold enough to damage or
even kill many varietals of grapes. Therefore, vineyard owners within
the proposed AVA plant cold-hardy varietals such as Marquette,
Frontenac, La Crescent, and La Crosse, which have been developed to
withstand temperatures as low as -30 degrees.
The plant hardiness zone map shows that the regions to the
immediate east and west of the proposed Upper Hudson AVA are also
classified as zones 5a and 5b. However, the Adirondack and Allegheny
mountains farther to the west and northwest of the proposed AVA are
classified as zones 3b, 4a, and 4b, meaning that average minimum
temperatures in the region are between -35 and -25 degrees F.
The region south of the proposed AVA, which includes the
established Hudson River Region AVA, is classified as zones 6a and 6b,
with average minimum temperatures between -10 and 0 degrees F.
According to the petition, grape varietals commonly grown within the
established Hudson River Region AVA include Seyval Blanc, Baco Noir,
Cabernet Franc, Pinot Noir, Vignoles, and Traminette. The petition
states that according to research conducted at several universities,
most of these varietals are cold hardy to -15 degrees F, while Pinot
Noir is cold hardy only to -8 degrees F. Because winter temperatures
within the proposed Upper Hudson AVA regularly drop as low as -20
degrees, these varietals would not be suitable for growing within the
proposed AVA.
Growing Degree Days
The petition included a graph showing the average GDD accumulations
for 19 locations within the proposed AVA and the surrounding areas. Six
of these locations are within the proposed AVA, and the remainder are
from the surrounding areas. The graph may be viewed in its entirety on
Regulations.gov as part of the public docket, Docket No. TTB-2018-0005.
The following table lists only the locations in the graph for which at
least 3 years of data was available, as well as the location's
direction relevant to the proposed AVA.
Locations With GDD Data Available From 2012-2014
------------------------------------------------------------------------
Location Direction from Proposed AVA
------------------------------------------------------------------------
Ticonderoga, NY........................... North.
Rutland, VT............................... Northeast.
East Dorset, VT........................... East.
North Adams, MA........................... Southeast.
Pittsfield, MA............................ Southeast.
Castleton, NY............................. South.
Hudson, NY................................ South.
Cobleskill, NY............................ Southwest.
North Blenheim, NY........................ Southwest.
Gloversville, NY.......................... West.
Bennington, VT............................ West.
Clifton Park, NY.......................... Within.
Melrose, NY............................... Within.
Schoharie, NY............................. Within.
Guilderland, NY........................... Within.
Glens Falls, NY........................... Within.
------------------------------------------------------------------------
The graph included in the petition shows that the locations within
the proposed AVA achieved GDD accumulations ranging between 2,300 and
2,700. Guilderland, Melrose, Clifton Park, and Schoharie all had GDD
accumulations of over 2,500, which is generally considered to be the
minimum GDD accumulations needed to ripen most varietals of grapes \6\.
Glens Falls, which is located at the northernmost boundary of the
proposed AVA, is shown as having slightly fewer than 2,500 GDDs.
According to the petition, the locations within the proposed AVA reach
2,500 GDDs late in September, meaning that the fruit typically has only
[[Page 15093]]
a few weeks to continue maturing before the first frost sets in. The
petition states that, as a result, wineries often must work with tart
fruit and remove the tartness as part of the winemaking process through
the use of Malolactic fermentation, pH adjustment, or residual sugars.
---------------------------------------------------------------------------
\6\ See Albert J. Winkler, General Viticulture (Berkeley:
University of California Press, 2d ed. 1974), pages 61-64, 143.
---------------------------------------------------------------------------
By contrast, the graph shows that the locations to the north and
south of the proposed AVA have GDD accumulations over 2,700.
Ticonderoga is located on the shore of Lake Champlain, and Hudson and
Castleton are both located along the tidal portion of the Hudson River.
Hudson, the southernmost location shown on the graph, has the highest
GDD accumulation of any location depicted in the graph, with just over
2,900. According to the petition, the warming effects of both Lake
Champlain and the tidal portion of the Hudson River contribute to the
higher GDD accumulations in the regions north and south of the proposed
AVA. The graph also shows that these locations all reach 2,500 GDDs
earlier in September than the locations within the proposed AVA. The
petition states that grapes in these warmer regions have more time to
mature before the first frost, so the grapes ``have the tartness
removed in the vineyard.''
The remaining locations, to the east, southeast, southwest, and
west of the proposed Upper Hudson AVA, all have lower GDD accumulations
than the proposed AVA. Of these locations, North Adams and Bennington
have the highest GDD accumulations, with just over 2,300. Gloversville
had the lowest, with just over 1,700. The petition shows that
viticulture in these regions would be difficult because the GDD
accumulations would not reach the levels necessary to reliably ripen
most varietals of grapes.
Summary of Distinguishing Features
In summary, the evidence provided in the petition indicates that
the climate of the proposed Upper Hudson AVA distinguishes it from the
surrounding regions in each direction. The proposed AVA has lower GDD
accumulations than the regions to the north and south, which benefit
from the warming influence of Lake Champlain and the tidal portion of
the Hudson River. The region to the south is also classified in a
warmer plant hardiness zone. The proposed AVA has higher GDD
accumulations than the regions to the east and west and is also
classified in a warmer plant hardiness zone than the region to the
west. As a result of its climate, the proposed Upper Hudson AVA is
suitable for growing cold-hardy grape hybrids, but not the grape
varietals that are commonly grown farther south within the established
Hudson River Region AVA.
TTB Determination
TTB concludes that the petition to establish the approximately
1,500-square mile Upper Hudson AVA merits consideration and public
comment, as invited in this proposed rule.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA in the proposed regulatory text published at the end of this
proposed rule.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name, at least 85
percent of the wine must be derived from grapes grown within the area
represented by that name, and the wine must meet the other conditions
listed in Sec. 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling with an AVA name and that name
appears in the brand name, then the label is not in compliance and the
bottler must change the brand name and obtain approval of a new label.
Similarly, if the AVA name appears in another reference on the label in
a misleading manner, the bottler would have to obtain approval of a new
label. Different rules apply if a wine has a brand name containing an
AVA name that was used as a brand name on a label approved before July
7, 1986. See Sec. 4.39(i)(2) of the TTB regulations (27 CFR
4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Upper Hudson,''
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, if this
proposed rule is adopted as a final rule, wine bottlers using the name
``Upper Hudson'' in a brand name, including a trademark, or in another
label reference as to the origin of the wine, would have to ensure that
the product is eligible to use the AVA name as an appellation of
origin.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed AVA. TTB is also interested in
receiving comments on the sufficiency and accuracy of the name,
boundary, soils, climate, and other required information submitted in
support of the petition. Please provide any available specific
information in support of your comments.
Because of the potential impact of the establishment of the
proposed Upper Hudson AVA on wine labels that include the term ``Upper
Hudson,'' as discussed above under Impact on Current Wine Labels, TTB
is particularly interested in comments regarding whether there will be
a conflict between the proposed area name and currently used brand
names. If a commenter believes that a conflict will arise, the comment
should describe the nature of that conflict, including any anticipated
negative economic impact that approval of the proposed AVA will have on
an existing viticultural enterprise. TTB is also interested in
receiving suggestions for ways to avoid conflicts, for example, by
adopting a modified or different name for the AVA.
Submitting Comments
You may submit comments on this proposed rule by using one of the
following three methods (please note that TTB has a new address for
comments submitted by U.S. Mail):
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this proposed rule within Docket No.
TTB-2018-0005 on ``Regulations.gov,'' the Federal e-rulemaking portal,
at https://www.regulations.gov. A direct link to that docket is
available under Notice No. 174 on the TTB website at https://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be
attached to comments submitted via Regulations.gov. For complete
instructions on how to use Regulations.gov, visit the site and click on
the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW, Suite 400, Washington, DC 20005.
[[Page 15094]]
Please submit your comments by the closing date shown above in this
proposed rule. Your comments must reference Notice No. 174 and include
your name and mailing address. Your comments also must be made in
English, be legible, and be written in language acceptable for public
disclosure. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly indicate if you are commenting on
your own behalf or on behalf of an association, business, or other
entity. If you are commenting on behalf of an entity, your comment must
include the entity's name, as well as your name and position title. If
you comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this proposed rule,
selected supporting materials, and any online or mailed comments
received about this proposal within Docket No. TTB-2018-0005 on the
Federal e-rulemaking portal, Regulations.gov, at https://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. 174. You may also reach the relevant docket through the
Regulations.gov search page at https://www.regulations.gov. For
information on how to use Regulations.gov, click on the site's ``Help''
tab.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this proposed rule, all related
petitions, maps and other supporting materials, and any electronic or
mailed comments that TTB receives about this proposal by appointment at
the TTB Information Resource Center, 1310 G Street NW, Washington, DC
20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page.
Please note that TTB is unable to provide copies of USGS maps or any
similarly-sized documents that may be included as part of the AVA
petition. Contact TTB's information specialist at the above address or
by telephone at (202) 453-2265 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 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.__ Upper Hudson.
(a) Name. The name of the viticultural area described in this
section is ``Upper Hudson''. For purposes of part 4 of this chapter,
``Upper Hudson'' is a term of viticultural significance.
(b) Approved maps. The four United States Geological Survey (USGS)
1:100,000 scale topographic maps used to determine the boundary of the
Upper Hudson viticultural area are titled:
(1) Glens Falls, New York--Vermont, 1989;
(2) Albany, New York--Massachusetts--Vermont, 1989;
(3) Amsterdam, New York, 1985; photoinspected 1990; and
(4) Gloversville, New York, 1985; photoinspected 1992;
(c) Boundary. The Upper Hudson viticultural area is located in
Albany, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, and
Washington Counties in New York. The boundary of the Upper Hudson
viticultural area is as described below:
(1) The point of the beginning is on the Glens Falls map at the
intersection of U.S. Highway 9 and State Highway 32, in Glens Falls.
From the beginning point, proceed east on State Highway 32 to its
intersection with State Highway 254; then
(2) Proceed southeasterly along State Highway 254 to its
intersection with U.S. Highway 4 in Hudson Falls; then
(3) Proceed south along U.S. Highway 4 to its intersection with
State Highway 197 in Fort Edward; then
(4) Proceed east, then southeast along State Highway 197 to its
intersection with State Highway 40 in Argyle; then
(5) Proceed southeast in a straight line to the intersection of
State Highway 29 and State Highway 22 in Greenwich Junction; then
(6) Proceed south along State Highway 22, crossing onto the Albany
map, to the highway's intersection with State Highway 7 in Hoosick;
then
(7) Proceed southwest along State Highway 7, crossing the Hudson
River, to the highway's intersection with State Highway 32 in Green
Island; then
(8) Proceed south on State Highway 32 to its intersection with U.S.
Highway 20 in Albany; then
(9) Proceed west on U.S. Highway 20 its intersection with U.S.
Highway 9; then
(10) Proceed southwest along U.S. Highway 9 to its intersection
with State Highway 443; then
(11) Proceed southwest, then westerly along State Highway 443,
crossing onto the Amsterdam map, to the highway's intersection with an
unnamed state highway known locally as State Highway 30 in Vroman
Corners; then
(12) Proceed northwesterly along State Highway 30 to its
intersection with State Highway 30A in Sidney Corners; then
[[Page 15095]]
(13) Proceed north along State Highway 30A, crossing over the
Mohawk River, to the highway's intersection with State Highway 5 in
Fonda; then
(14) Proceed east along State Highway 5 to its intersection with
State Highway 67 in Amsterdam; then
(15) Proceed east along State Highway 67 to its intersection with
an unnamed light-duty road known locally as Morrow Road; then
(16) Proceed northeast in a straight line, crossing over the
southeastern corner of the Gloversville map and onto the Glens Falls
map, to the point where Daly Creek empties into Great Sacandaga Lake;
then
(17) Proceed northeast, then east along the southern shore of Great
Sacandaga Lake to its confluence with the Hudson River in the town of
Lake Luzerne; then
(18) Proceed south, then easterly along the southern bank of the
Hudson River to its intersection with U.S. Highway 9 in South Glens
Falls; then
(19) Proceed northwest along U.S. Highway 9, crossing the Hudson
River, and returning to the beginning point.
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. 2018-07210 Filed 4-6-18; 8:45 am]
BILLING CODE 4810-31-P