Establishment of the Dahlonega Plateau Viticultural Area, 30535-30538 [2018-14035]
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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Rules and Regulations
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SUPPLEMENTARY INFORMATION:
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I. Background
Sponsors of approved or conditionally
approved applications for new animal
drugs containing an antimicrobial active
ingredient are required by section 512 of
the Federal Food, Drug, and Cosmetic
Act (FD&C Act) (21 U.S.C. 360b), as
amended by section 105 of the Animal
Drug Use Fee Amendments of 2008
(ADUFA 105) (Pub. L. 110–316), to
submit to us an annual report on the
amount of each such ingredient in the
drug that is sold or distributed for use
in food-producing animals. We are also
required by ADUFA 105 to publish
annual summary reports of the data we
receive from animal drug sponsors. In
accordance with the law, sponsors of
the affected antimicrobial new animal
drug products began submitting their
sales and distribution data to us on an
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annual basis, and we have published
summaries of such data for each
calendar year beginning with 2009.
In the Federal Register of May 11,
2016 (81 FR 29129), we published a
final rule entitled ‘‘Antimicrobial
Animal Drug Sales and Distribution
Reporting’’ that amended our existing
records and reports regulation in part
514 (21 CFR part 514) to incorporate the
sales and distribution data reporting
requirements specific to antimicrobial
new animal drugs that were added to
the FD&C Act by ADUFA 105. The rule
also added an additional reporting
provision intended to improve our
understanding of antimicrobial animal
drug sales intended for use in specific
food-producing animal species. In
accordance with the new rule, the
sponsor of each approved or
conditionally approved new animal
drug product that contains an
antimicrobial active ingredient must
submit an annual report to us on the
amount of each such ingredient in the
drug product that is sold or distributed
for use in food-producing animals,
including information on any
distributor-labeled product. The final
rule, which is codified at §§ 514.80 and
514.87, became effective July 11, 2016.
We examined the economic
implications of the final rule as required
by the Regulatory Flexibility Act (5
U.S.C. 601–612) and determined that
the final rule will not have a significant
economic impact on a substantial
number of small entities (81 FR 29129
at 29138). Nonetheless, we determined
not to certify that finding due to the
remote possibility that, in the future, a
very small company could enter the
market and sponsor an application for
an antimicrobial new animal drug
product that would be sold or
distributed for use in food-producing
animals. Thus, in compliance with
section 212 of the Small Business
Regulatory Enforcement Fairness Act
(Pub. L. 104–121, as amended by Pub.
L. 110–28), we are making available this
SECG to explain the actions that a
potential future market entrant small
entity must take to comply with the
rule.
We are issuing this SECG consistent
with our good guidance practices
regulation (21 CFR 10.115(c)(2)). The
SECG represents the current thinking of
FDA on this topic. It does not establish
any rights for any person and is not
binding on FDA or the public. You can
use an alternative approach if it satisfies
the requirements of the applicable
statutes and regulations. This guidance
is not subject to Executive Order 12866.
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II. Paperwork Reduction Act of 1995
This guidance refers to previously
approved collections of information
found in FDA regulations. These
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). The collections of information in
§ 514.87 have been approved under
OMB control number 0910–0659. The
collections of information in § 514.80
have been approved under OMB control
number 0910–0284.
III. Electronic Access
Persons with access to the internet
may obtain the SECG at either https://
www.fda.gov/AnimalVeterinary/
GuidanceComplianceEnforcement/
GuidanceforIndustry/default.htm or
https://www.regulations.gov.
Dated: June 26, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–14085 Filed 6–28–18; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2016–0012; T.D. TTB–151;
Ref: Notice No. 166]
RIN 1513–AC33
Establishment of the Dahlonega
Plateau Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) establishes the
approximately 133-square mile
Dahlonega Plateau viticultural area in
portions of Lumpkin and White
counties in Georgia. The Dahlonega
Plateau viticultural area is not located
within 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.
DATES: This final rule is effective July
30, 2018.
FOR FURTHER INFORMATION CONTACT:
Dana Register, 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. 022.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
Requirements
Background on Viticultural Areas
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and provides that any interested party
may petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes standards for petitions for the
establishment or modification of AVAs.
Petitions to establish an AVA must
include the following:
• Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• 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.
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
laws.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes the establishment of
definitive viticultural areas and
regulates 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.
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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.
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Dahlonega Plateau Petition
TTB received a petition from Amy
Booker, President of the DahlonegaLumpkin Chamber & Visitors Bureau, on
behalf of the Vineyard and Winery
Operators of the Dahlonega Region of
Northern Georgia. The petitioner is
proposing the establishment of the
‘‘Dahlonega Plateau’’ AVA in portions of
Lumpkin and White counties in
Georgia.
The proposed Dahlonega Plateau AVA
derives its name from a long, narrow,
northeast-southwest trending plateau in
the northern foothills of the Georgia
Piedmont known as the Dahlonega
Plateau. The plateau covers most of
Lumpkin, Dawson, White, Pickens, and
Cherokee Counties. However, the
proposed AVA is limited to the
northeastern portion of the plateau, in
Lumpkin and White Counties, due to a
lack of viticulture in the southwestern
region of the plateau, as well
topographical and climatic differences.
The proposed Dahlonega Plateau AVA
covers approximately 133 square miles
and is not located within any other
AVA. The petition notes that, at present,
there are 7 wineries and 8 commercial
vineyards covering a total of
approximately 110 acres distributed
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throughout the proposed AVA. In the
next few years, the proposed AVA
would likely be expanded by an
additional 12 acres of vineyards.
According to the petition, the
distinguishing features of the proposed
Dahlonega Plateau AVA are its
topography and climate. Unless
otherwise noted, all information and
data pertaining to the proposed AVA
contained in this final rule comes from
the petition for the proposed Dahlonega
Plateau AVA and its supporting
exhibits.
Topography
According to the petition, the
distinctive topography of the proposed
AVA is due to the underlying geology,
which is comprised of layers of rocks
that weather uniformly and are
moderately resistant to erosion. Over
time, wind and water have gradually
worn down the underlying rocks and
formed a gently rolling landscape with
an average elevation of approximately
1,554 feet above sea level. The resulting
broad, rounded hilltops separated by
wide valleys have moderate slope angles
and adequate sunlight for the
cultivation of vineyards.
By contrast, the petition states that the
topography of the regions surrounding
the proposed AVA are less suitable for
vineyards. The Blue Ridge Mountains
and Hightower Ridges to the north, east,
and southeast of the proposed AVA
generally have higher elevations and
narrow valleys that are often shadowed
by the surrounding steep, high slopes.
The steep, high slopes allow less light
to reach any vineyard planted on the
valley floors, when compared to
vineyards planted in the proposed AVA.
The steepness of the slopes would also
make mechanical cultivation of any
vineyard planted on the sides of the
mountains impractical. In the lower
elevations of the regions to the south
and west of the proposed AVA, the cool
air draining from higher elevations
eventually settles and pools and would
increase the risk of frost damage in any
vineyard planted there.
Climate
The petition for the proposed
Dahlonega Plateau AVA provided
climate information including length of
the growing season, growing degree day
accumulations, and precipitation
amounts from within the proposed AVA
and the surrounding regions.
Length of Growing Season
According to the petition, the
proposed Dahlonega Plateau AVA has a
mean growing season length of 195
days. Over 60 percent of the terrain
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within the proposed AVA has a growing
season length in the range of 190 to 200
days. The petition cited a publication by
the College of Agriculture and Life
Sciences at Cornell University in
conjunction with the Institute for the
Application of Geospatial Technology,1
which states that sites with growing
seasons between 190 and 200 days are
‘‘not limited by growing season’’
because most grape varietals will be able
to ripen within 200 days, while sites
with growing seasons shorter than 160
days are not recommended for
vineyards because most grape varietals
would not have time to ripen fully.
Based on this guidance, the petition
proposes that the vineyard owners can
plant many different grape varietals in
the majority of the proposed AVA
without the fear of having too short of
a growing season for the grapes to ripen.
The petition also provided the
growing season lengths for the areas
surrounding the proposed AVA. The
regions to the north and northeast each
have a mean growing season of 164
days. Regions to the west and south,
have growing seasons of 201 and 203 to
205 days, respectively. The proposed
AVA has a higher percentage of terrain
with a growing season length between
190 and 200 days than all surrounding
areas except the Hightower Ridges to the
east, where approximately 76 percent of
the terrain is within this range of
growing season lengths.
Growing Degree Days
The petition noted that although
growing season length is important
because it reflects the number of frostfree days, the temperatures that are
reached during that frost-free period are
just as important to viticulture. The
petition further stated that grape vines
do not grow and fruit does not mature
when temperatures are below 50 degrees
Fahrenheit (F). Therefore, a region that
has a 180-day frost-free growing season
would still be unsuitable for viticulture
if temperatures seldom or never rise
above 50 degrees F.
The petition presented growing
degree days (GDD) data using the
Winkler zone scale 2 from the very cool
Zone I, for regions accumulating 2,500
or fewer GDDs in a growing season, to
the very warm Zone V, for regions
accumulating over 4,000 GDDs. The
data showed that the terrain within the
proposed Dahlonega Plateau AVA is
classified in the intermediate ranges of
1 A.N. Lakso & T.E. Martinson, ‘‘The Basics of
Vineyard Site Evaluation and Selection’’ (2014),
available at https://arcserver2.iagt.org/vll/
downloads/BasicSiteEvaluation-2015.pdf.
2 A.J. Winkler et al., General Viticulture 60–71
(2nd. Ed. 1974).
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the Winkler scale (Zones III and IV). The
proposed AVA has a higher percentage
of terrain within Zone IV than any of the
surrounding regions and lacks any
terrain in the very cool Zone I, the cool
Zone II, or the very warm Zone V. The
petition indicated, that regions
classified as Zones III or IV, such as the
proposed AVA, are suitable for growing
a diverse range of late-ripening grape
varietals.
Precipitation
According to the petition, the rising
elevations of the proposed Dahlonega
Plateau AVA and the regions to the
north and east cause the moisture-laden
winds travelling inland from the Gulf of
Mexico and Atlantic Ocean to drop their
rain in the proposed AVA. Annual
rainfall amounts within the proposed
AVA are approximately 62 inches per
year and 17 inches during the winter
months. The regions to the north and
east generally receive more rainfall
annually and during winter than the
proposed AVA, and the regions to the
south and west generally receive less.
The petition stated that the proposed
AVA receives adequate annual rainfall
amounts, which make vineyard
irrigation seldom necessary.
Furthermore, the petition provides data
collected from the proposed AVA and
surrounding regions showing that the
low winter rainfall amounts within the
proposed AVA are relevant to
viticulture because, when compared to
the data from the surrounding regions,
low levels of rain in winter in the
proposed AVA reduce the possibility of
a delayed bud break and subsequent
later harvest.
Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 166 in the
Federal Register on December 2, 2016
(81 FR 86980), proposing to establish
the Dahlonega Plateau AVA. In the
notice, TTB summarized the evidence
from the petition regarding the name,
boundary, and distinguishing features
for the proposed AVA. The notice also
compared the distinguishing features of
the proposed AVA to the surrounding
areas. For a detailed description of the
evidence relating to the name,
boundary, and distinguishing features of
the proposed AVA, and for a detailed
comparison of the distinguishing
features of the proposed AVA to the
surrounding areas, see Notice No. 166
and the petition for the proposed AVA,
which are posted in Docket No. TTB–
2016–0012 at https://
www.regulations.gov. In Notice No. 166,
TTB solicited comments on whether it
should establish the proposed
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30537
viticultural area, and also asked for
comments on the accuracy of the name,
boundary, and other required
information submitted in support of the
petition. The comment period closed on
January 31, 2017.
In response to Notice No. 166, TTB
received one comment, which
supported the proposed AVA. The
commenter stated that the Dahlonega
plateau is a ‘‘gorgeous mountain region’’
that has ‘‘unique wine-growing
characteristics’’ that qualify it as an
AVA.
TTB Determination
After careful review of the petition
and the comment received in response
to Notice No. 166, TTB finds that the
evidence provided by the petitioner
supports the establishment of the
Dahlonega Plateau AVA. Accordingly,
under the authority of the FAA Act,
section 1111(d) of the Homeland
Security Act of 2002, and parts 4 and 9
of the TTB regulations, TTB establishes
the ‘‘Dahlonega Plateau’’ AVA in
Lumpkin and Whites counties of
Georgia, effective 30 days from the
publication date of this document.
Boundary Description
See the narrative description of the
boundary of the Dahlonega AVA in the
regulatory text published at the end of
this final rule.
Maps
The petitioner provided the required
maps, and they are listed below in the
regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name
or with a brand name that includes an
AVA name, at least 85 percent of the
wine must be derived from grapes
grown within the area represented by
that name, and the wine must meet the
other conditions listed in 27 CFR
4.25(e)(3). If the wine is not eligible for
labeling with an AVA name and that
name appears in the brand name, then
the label is not in compliance and the
bottler must change the brand name and
obtain approval of a new label.
Similarly, if the AVA name appears in
another reference on the label in a
misleading manner, the bottler would
have to obtain approval of a new label.
Different rules apply if a wine has a
brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
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With the establishment of this AVA,
its name, ‘‘Dahlonega Plateau,’’ will be
recognized as a name of viticultural
significance under § 4.39(i)(3) of the
TTB regulations. The text of the
regulation clarifies this point.
Consequently, wine bottlers using the
name ‘‘Dahlonega Plateau’’ in a brand
name, including a trademark, or in
another label reference as to the origin
of the wine, will have to ensure that the
product is eligible to use the AVA name
as an appellation of origin. The
establishment of the Dahlonega Plateau
AVA will not affect any existing AVA.
The establishment of the Dahlonega
Plateau AVA will allow vintners to use
‘‘Dahlonega Plateau’’ as an appellation
of origin for wines made primarily from
grapes grown within the Dahlonega
Plateau AVA if the wines meet the
eligibility requirements for the
appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will
not have a significant economic impact
on a substantial number of small
entities. The regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of an AVA name
would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
It has been determined that this final
rule is not a significant regulatory action
as defined by Executive Order 12866 of
September 30, 1993. Therefore, no
regulatory assessment is required.
Drafting Information
Dana Register of the Regulations and
Rulings Division drafted this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, TTB amends title 27, chapter
I, part 9, Code of Federal Regulations, as
follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
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■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Subpart C is amended by adding
§ 9.263 to read as follows:
■
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§ 9.263
Dahlonega Plateau.
(a) Name. The name of the viticultural
area described in this section is
‘‘Dahlonega Plateau’’. For purposes of
part 4 of this chapter, ‘‘Dahlonega
Plateau’’ is a term of viticultural
significance.
(b) Approved maps. The 9 United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the
Dahlonega Plateau viticultural area are
titled:
(1) Dawsonville, GA, 1997;
(2) Campbell Mountain, GA, 2014;
(3) Nimblewill, GA, 1997;
(4) Noontootla, GA, 1988;
(5) Suches, GA, 1988;
(6) Neels Gap, GA, 1988;
(7) Dahlonega, GA, 1951;
(8) Cowrock, GA, 1988; and
(9) Cleveland, GA, 1951; photo
revised 1973; photo inspected 1981.
(c) Boundary. The Dahlonega Plateau
viticultural area is located in Lumpkin
and White Counties, Georgia. The
boundary of the Dahlonega Plateau
viticultural area is as described below:
(1) The beginning point is found on
the Dawsonville map at the marked
1,412-foot elevation point at the
intersection of an unnamed light-duty
road known locally as Castleberry
Bridge Road and an unimproved road
known locally as McDuffie River Road.
(2) From the beginning point, proceed
north-northeast in a straight line
approximately 0.89 mile to the marked
1,453-foot elevation point; then
(3) Proceed northwest in a straight
line approximately 1.94 miles, crossing
onto the Campbell Mountain map, to the
intersection of Arrendale Road and
Windy Oaks Road; then
(4) Proceed northwest in a straight
line approximately 0.77 mile to the
intersection of the 1,400-foot elevation
contour and Dennson Branch; then
(5) Proceed northwest in a straight
line approximately 0.79 mile to the
intersection of the 1,360-foot elevation
contour and Mill Creek; then
(6) Proceed northwest in a straight
line approximately 0.48 mile to the
intersection of the 1,500-foot elevation
contour and Sheep Wallow Road; then
(7) Proceed northwest in a straight
line approximately 1.74 miles to the
intersection of State Route 52 and the
Chattahoochee National Forest
boundary; then
(8) Proceed northwest in a straight
line approximately 1.89 miles, crossing
onto the Nimblewill map and then
crossing over the marked 1,749-foot
elevation point along an unnamed light
duty road known locally as Nimblewill
Church Road, to the line’s intersection
with the 1,800-foot elevation contour;
then
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(9) Proceed generally east-northeast
along the 1,800-foot elevation contour
approximately 170.72 miles (straight
line distance between points is
approximately 20.43 miles), crossing
over the Noontootla, Suches, Neels Gap
and Dahlonega maps and onto the
Cowrock map, to the intersection of the
1,800-foot elevation contour with Tom
White Branch; then
(10) Proceed southeast along Tom
White Branch approximately 0.73 mile
to the 1,600-foot elevation contour; then
(11) Proceed southeast in a straight
line approximately 1.10 miles to the
intersection of Cathey Creek and the
secondary highway marked Alt. 75; then
(12) Proceed southwest in a straight
line approximately 3.77 miles, crossing
into the Cleveland map, to the
intersection of two unnamed light-duty
roads known locally as Dockery Road
and Town Creek Road; then
(13) Proceed south in a straight line
approximately 0.58 mile to the marked
1,774-foot elevation point; then
(14) Proceed southwest in a straight
line approximately 0.60 mile to the
1,623-foot benchmark; then
(15) Proceed southwest in a straight
line approximately 2.73 miles, crossing
into the Dahlonega map, to the 1,562foot benchmark, then
(16) Proceed southwest in a straight
line approximately 3.46 miles to the
marked 1,480-foot elevation point near
the Mt. Sinai Church; then
(17) Proceed southwest in a straight
line approximately 2.13 miles to the
summit of Crown Mountain; then
(18) Proceed west in a straight line
approximately 1.28 miles, crossing onto
the Campbell Mountain map, to the
intersection of the 1,160-foot elevation
contour and Cane Creek; then
(19) Proceed southwest in a straight
line approximately 1.61 miles to the
intersection of the 1,300-foot elevation
contour and Camp Creek; then
(20) Proceed southwest in a straight
line approximately 2.02 miles, crossing
into the Dawsonville map, to the
intersection of the 1,200-foot elevation
contour with the Etowah River, then
(21) Proceed southwest in a straight
line approximately 1.29 miles to the
beginning point.
Signed: March 6, 2018.
John J. Manfreda,
Administrator.
Approved: June 25, 2018.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2018–14035 Filed 6–28–18; 8:45 am]
BILLING CODE 4810–31–P
E:\FR\FM\29JNR1.SGM
29JNR1
]]>Agencies
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Rules and Regulations]
[Pages 30535-30538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14035]
=======================================================================
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2016-0012; T.D. TTB-151; Ref: Notice No. 166]
RIN 1513-AC33
Establishment of the Dahlonega Plateau Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes
the approximately 133-square mile Dahlonega Plateau viticultural area
in portions of Lumpkin and White counties in Georgia. The Dahlonega
Plateau viticultural area is not located within 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.
DATES: This final rule is effective July 30, 2018.
FOR FURTHER INFORMATION CONTACT: Dana Register, 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. 022.
[[Page 30536]]
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 laws.
Part 4 of the TTB regulations (27 CFR part 4) authorizes the
establishment of definitive viticultural areas and regulates the use of
their names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets
forth standards for the preparation and submission of petitions for the
establishment or modification of American viticultural areas (AVAs) and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and a name and a delineated boundary, as
established in part 9 of the regulations. These designations allow
vintners and consumers to attribute a given quality, reputation, or
other characteristic of a wine made from grapes grown in an area to the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA is neither an approval nor an endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
standards for petitions for the establishment or modification of AVAs.
Petitions to establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
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.
Dahlonega Plateau Petition
TTB received a petition from Amy Booker, President of the
Dahlonega-Lumpkin Chamber & Visitors Bureau, on behalf of the Vineyard
and Winery Operators of the Dahlonega Region of Northern Georgia. The
petitioner is proposing the establishment of the ``Dahlonega Plateau''
AVA in portions of Lumpkin and White counties in Georgia.
The proposed Dahlonega Plateau AVA derives its name from a long,
narrow, northeast-southwest trending plateau in the northern foothills
of the Georgia Piedmont known as the Dahlonega Plateau. The plateau
covers most of Lumpkin, Dawson, White, Pickens, and Cherokee Counties.
However, the proposed AVA is limited to the northeastern portion of the
plateau, in Lumpkin and White Counties, due to a lack of viticulture in
the southwestern region of the plateau, as well topographical and
climatic differences.
The proposed Dahlonega Plateau AVA covers approximately 133 square
miles and is not located within any other AVA. The petition notes that,
at present, there are 7 wineries and 8 commercial vineyards covering a
total of approximately 110 acres distributed throughout the proposed
AVA. In the next few years, the proposed AVA would likely be expanded
by an additional 12 acres of vineyards. According to the petition, the
distinguishing features of the proposed Dahlonega Plateau AVA are its
topography and climate. Unless otherwise noted, all information and
data pertaining to the proposed AVA contained in this final rule comes
from the petition for the proposed Dahlonega Plateau AVA and its
supporting exhibits.
Topography
According to the petition, the distinctive topography of the
proposed AVA is due to the underlying geology, which is comprised of
layers of rocks that weather uniformly and are moderately resistant to
erosion. Over time, wind and water have gradually worn down the
underlying rocks and formed a gently rolling landscape with an average
elevation of approximately 1,554 feet above sea level. The resulting
broad, rounded hilltops separated by wide valleys have moderate slope
angles and adequate sunlight for the cultivation of vineyards.
By contrast, the petition states that the topography of the regions
surrounding the proposed AVA are less suitable for vineyards. The Blue
Ridge Mountains and Hightower Ridges to the north, east, and southeast
of the proposed AVA generally have higher elevations and narrow valleys
that are often shadowed by the surrounding steep, high slopes. The
steep, high slopes allow less light to reach any vineyard planted on
the valley floors, when compared to vineyards planted in the proposed
AVA. The steepness of the slopes would also make mechanical cultivation
of any vineyard planted on the sides of the mountains impractical. In
the lower elevations of the regions to the south and west of the
proposed AVA, the cool air draining from higher elevations eventually
settles and pools and would increase the risk of frost damage in any
vineyard planted there.
Climate
The petition for the proposed Dahlonega Plateau AVA provided
climate information including length of the growing season, growing
degree day accumulations, and precipitation amounts from within the
proposed AVA and the surrounding regions.
Length of Growing Season
According to the petition, the proposed Dahlonega Plateau AVA has a
mean growing season length of 195 days. Over 60 percent of the terrain
[[Page 30537]]
within the proposed AVA has a growing season length in the range of 190
to 200 days. The petition cited a publication by the College of
Agriculture and Life Sciences at Cornell University in conjunction with
the Institute for the Application of Geospatial Technology,\1\ which
states that sites with growing seasons between 190 and 200 days are
``not limited by growing season'' because most grape varietals will be
able to ripen within 200 days, while sites with growing seasons shorter
than 160 days are not recommended for vineyards because most grape
varietals would not have time to ripen fully. Based on this guidance,
the petition proposes that the vineyard owners can plant many different
grape varietals in the majority of the proposed AVA without the fear of
having too short of a growing season for the grapes to ripen.
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\1\ A.N. Lakso & T.E. Martinson, ``The Basics of Vineyard Site
Evaluation and Selection'' (2014), available at https://arcserver2.iagt.org/vll/downloads/BasicSiteEvaluation-2015.pdf.
---------------------------------------------------------------------------
The petition also provided the growing season lengths for the areas
surrounding the proposed AVA. The regions to the north and northeast
each have a mean growing season of 164 days. Regions to the west and
south, have growing seasons of 201 and 203 to 205 days, respectively.
The proposed AVA has a higher percentage of terrain with a growing
season length between 190 and 200 days than all surrounding areas
except the Hightower Ridges to the east, where approximately 76 percent
of the terrain is within this range of growing season lengths.
Growing Degree Days
The petition noted that although growing season length is important
because it reflects the number of frost-free days, the temperatures
that are reached during that frost-free period are just as important to
viticulture. The petition further stated that grape vines do not grow
and fruit does not mature when temperatures are below 50 degrees
Fahrenheit (F). Therefore, a region that has a 180-day frost-free
growing season would still be unsuitable for viticulture if
temperatures seldom or never rise above 50 degrees F.
The petition presented growing degree days (GDD) data using the
Winkler zone scale \2\ from the very cool Zone I, for regions
accumulating 2,500 or fewer GDDs in a growing season, to the very warm
Zone V, for regions accumulating over 4,000 GDDs. The data showed that
the terrain within the proposed Dahlonega Plateau AVA is classified in
the intermediate ranges of the Winkler scale (Zones III and IV). The
proposed AVA has a higher percentage of terrain within Zone IV than any
of the surrounding regions and lacks any terrain in the very cool Zone
I, the cool Zone II, or the very warm Zone V. The petition indicated,
that regions classified as Zones III or IV, such as the proposed AVA,
are suitable for growing a diverse range of late-ripening grape
varietals.
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\2\ A.J. Winkler et al., General Viticulture 60-71 (2nd. Ed.
1974).
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Precipitation
According to the petition, the rising elevations of the proposed
Dahlonega Plateau AVA and the regions to the north and east cause the
moisture-laden winds travelling inland from the Gulf of Mexico and
Atlantic Ocean to drop their rain in the proposed AVA. Annual rainfall
amounts within the proposed AVA are approximately 62 inches per year
and 17 inches during the winter months. The regions to the north and
east generally receive more rainfall annually and during winter than
the proposed AVA, and the regions to the south and west generally
receive less. The petition stated that the proposed AVA receives
adequate annual rainfall amounts, which make vineyard irrigation seldom
necessary. Furthermore, the petition provides data collected from the
proposed AVA and surrounding regions showing that the low winter
rainfall amounts within the proposed AVA are relevant to viticulture
because, when compared to the data from the surrounding regions, low
levels of rain in winter in the proposed AVA reduce the possibility of
a delayed bud break and subsequent later harvest.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 166 in the Federal Register on December 2,
2016 (81 FR 86980), proposing to establish the Dahlonega Plateau AVA.
In the notice, TTB summarized the evidence from the petition regarding
the name, boundary, and distinguishing features for the proposed AVA.
The notice also compared the distinguishing features of the proposed
AVA to the surrounding areas. For a detailed description of the
evidence relating to the name, boundary, and distinguishing features of
the proposed AVA, and for a detailed comparison of the distinguishing
features of the proposed AVA to the surrounding areas, see Notice No.
166 and the petition for the proposed AVA, which are posted in Docket
No. TTB-2016-0012 at https://www.regulations.gov. In Notice No. 166, TTB
solicited comments on whether it should establish the proposed
viticultural area, and also asked for comments on the accuracy of the
name, boundary, and other required information submitted in support of
the petition. The comment period closed on January 31, 2017.
In response to Notice No. 166, TTB received one comment, which
supported the proposed AVA. The commenter stated that the Dahlonega
plateau is a ``gorgeous mountain region'' that has ``unique wine-
growing characteristics'' that qualify it as an AVA.
TTB Determination
After careful review of the petition and the comment received in
response to Notice No. 166, TTB finds that the evidence provided by the
petitioner supports the establishment of the Dahlonega Plateau AVA.
Accordingly, under the authority of the FAA Act, section 1111(d) of the
Homeland Security Act of 2002, and parts 4 and 9 of the TTB
regulations, TTB establishes the ``Dahlonega Plateau'' AVA in Lumpkin
and Whites counties of Georgia, effective 30 days from the publication
date of this document.
Boundary Description
See the narrative description of the boundary of the Dahlonega AVA
in the regulatory text published at the end of this final rule.
Maps
The petitioner provided the required maps, and they are listed
below in the regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in 27 CFR
4.25(e)(3). If the wine is not eligible for labeling with an AVA name
and that name appears in the brand name, then the label is not in
compliance and the bottler must change the brand name and obtain
approval of a new label. Similarly, if the AVA name appears in another
reference on the label in a misleading manner, the bottler would have
to obtain approval of a new label. Different rules apply if a wine has
a brand name containing an AVA name that was used as a brand name on a
label approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
[[Page 30538]]
With the establishment of this AVA, its name, ``Dahlonega
Plateau,'' will be recognized as a name of viticultural significance
under Sec. 4.39(i)(3) of the TTB regulations. The text of the
regulation clarifies this point. Consequently, wine bottlers using the
name ``Dahlonega Plateau'' in a brand name, including a trademark, or
in another label reference as to the origin of the wine, will have to
ensure that the product is eligible to use the AVA name as an
appellation of origin. The establishment of the Dahlonega Plateau AVA
will not affect any existing AVA. The establishment of the Dahlonega
Plateau AVA will allow vintners to use ``Dahlonega Plateau'' as an
appellation of origin for wines made primarily from grapes grown within
the Dahlonega Plateau AVA if the wines meet the eligibility
requirements for the appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of an AVA
name would be the result of a proprietor's efforts and consumer
acceptance of wines from that area. Therefore, no regulatory
flexibility analysis is required.
Executive Order 12866
It has been determined that this final rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Dana Register of the Regulations and Rulings Division drafted this
final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.263 to read as follows:
Sec. 9.263 Dahlonega Plateau.
(a) Name. The name of the viticultural area described in this
section is ``Dahlonega Plateau''. For purposes of part 4 of this
chapter, ``Dahlonega Plateau'' is a term of viticultural significance.
(b) Approved maps. The 9 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Dahlonega Plateau viticultural area are titled:
(1) Dawsonville, GA, 1997;
(2) Campbell Mountain, GA, 2014;
(3) Nimblewill, GA, 1997;
(4) Noontootla, GA, 1988;
(5) Suches, GA, 1988;
(6) Neels Gap, GA, 1988;
(7) Dahlonega, GA, 1951;
(8) Cowrock, GA, 1988; and
(9) Cleveland, GA, 1951; photo revised 1973; photo inspected 1981.
(c) Boundary. The Dahlonega Plateau viticultural area is located in
Lumpkin and White Counties, Georgia. The boundary of the Dahlonega
Plateau viticultural area is as described below:
(1) The beginning point is found on the Dawsonville map at the
marked 1,412-foot elevation point at the intersection of an unnamed
light-duty road known locally as Castleberry Bridge Road and an
unimproved road known locally as McDuffie River Road.
(2) From the beginning point, proceed north-northeast in a straight
line approximately 0.89 mile to the marked 1,453-foot elevation point;
then
(3) Proceed northwest in a straight line approximately 1.94 miles,
crossing onto the Campbell Mountain map, to the intersection of
Arrendale Road and Windy Oaks Road; then
(4) Proceed northwest in a straight line approximately 0.77 mile to
the intersection of the 1,400-foot elevation contour and Dennson
Branch; then
(5) Proceed northwest in a straight line approximately 0.79 mile to
the intersection of the 1,360-foot elevation contour and Mill Creek;
then
(6) Proceed northwest in a straight line approximately 0.48 mile to
the intersection of the 1,500-foot elevation contour and Sheep Wallow
Road; then
(7) Proceed northwest in a straight line approximately 1.74 miles
to the intersection of State Route 52 and the Chattahoochee National
Forest boundary; then
(8) Proceed northwest in a straight line approximately 1.89 miles,
crossing onto the Nimblewill map and then crossing over the marked
1,749-foot elevation point along an unnamed light duty road known
locally as Nimblewill Church Road, to the line's intersection with the
1,800-foot elevation contour; then
(9) Proceed generally east-northeast along the 1,800-foot elevation
contour approximately 170.72 miles (straight line distance between
points is approximately 20.43 miles), crossing over the Noontootla,
Suches, Neels Gap and Dahlonega maps and onto the Cowrock map, to the
intersection of the 1,800-foot elevation contour with Tom White Branch;
then
(10) Proceed southeast along Tom White Branch approximately 0.73
mile to the 1,600-foot elevation contour; then
(11) Proceed southeast in a straight line approximately 1.10 miles
to the intersection of Cathey Creek and the secondary highway marked
Alt. 75; then
(12) Proceed southwest in a straight line approximately 3.77 miles,
crossing into the Cleveland map, to the intersection of two unnamed
light-duty roads known locally as Dockery Road and Town Creek Road;
then
(13) Proceed south in a straight line approximately 0.58 mile to
the marked 1,774-foot elevation point; then
(14) Proceed southwest in a straight line approximately 0.60 mile
to the 1,623-foot benchmark; then
(15) Proceed southwest in a straight line approximately 2.73 miles,
crossing into the Dahlonega map, to the 1,562-foot benchmark, then
(16) Proceed southwest in a straight line approximately 3.46 miles
to the marked 1,480-foot elevation point near the Mt. Sinai Church;
then
(17) Proceed southwest in a straight line approximately 2.13 miles
to the summit of Crown Mountain; then
(18) Proceed west in a straight line approximately 1.28 miles,
crossing onto the Campbell Mountain map, to the intersection of the
1,160-foot elevation contour and Cane Creek; then
(19) Proceed southwest in a straight line approximately 1.61 miles
to the intersection of the 1,300-foot elevation contour and Camp Creek;
then
(20) Proceed southwest in a straight line approximately 2.02 miles,
crossing into the Dawsonville map, to the intersection of the 1,200-
foot elevation contour with the Etowah River, then
(21) Proceed southwest in a straight line approximately 1.29 miles
to the beginning point.
Signed: March 6, 2018.
John J. Manfreda,
Administrator.
Approved: June 25, 2018.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2018-14035 Filed 6-28-18; 8:45 am]
BILLING CODE 4810-31-P
