[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Proposed Rules]
[Pages 69198-69204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28930]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2011-0009; Notice No. 123]
RIN 1513-AB67
Proposed Establishment of the Middleburg Virginia Viticultural
Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the approximately 198-square mile ``Middleburg Virginia''
viticultural area in Loudoun and Fauquier Counties in northern
Virginia. 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: TTB must receive written comments on or before January 9, 2012.
ADDRESSES: You may send comments on this notice to one of the following
addresses:
http://www.regulations.gov (via the online comment form
for this notice as posted within Docket No. TTB-2011-0009 at
``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington,
DC 20044-4412; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW., Suite 200-E, Washington, DC
20005.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
You may view copies of this notice, selected supporting materials,
and any comments TTB receives about this proposal at http://www.regulations.gov within Docket No. TTB-2011-0009. A direct link to
this docket is posted on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 123. You also may view copies
of this notice, all related petitions, maps or other supporting
materials, and any comments TTB receives about this proposal by
appointment at the TTB Information Resource Center, 1310 G Street NW.,
Washington, DC 20005. Please call 202-453-2270 to make an appointment.
FOR FURTHER INFORMATION CONTACT: Elisabeth C. Kann, 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. 002.
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 requires 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
regulations promulgated under the FAA Act.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and 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 and lists
the approved American viticultural areas.
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 its
geographic origin. The establishment of viticultural areas allows
vintners to describe more accurately the origin of their wines to
[[Page 69199]]
consumers and helps consumers to identify wines they may purchase.
Establishment of a viticultural area 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 outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.12 of the TTB regulations (27 CFR
9.12) prescribes standards for petitions for the establishment or
modification of American viticultural areas. Such petitions must
include the following:
Evidence that the area within the proposed viticultural
area boundary is nationally or locally known by the viticultural area
name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed viticultural area;
A narrative description of the features of the proposed
viticultural area that affect viticulture, such as climate, geology,
soils, physical features, and elevation, that make it distinctive and
distinguish it from adjacent areas outside the proposed viticultural
area boundary;
A copy of the appropriate United States Geological Survey
(USGS) map(s) showing the location of the proposed viticultural area,
with the boundary of the proposed viticultural area clearly drawn
thereon; and
A detailed narrative description of the proposed
viticultural area boundary based on USGS map markings.
Middleburg Virginia Petition
In August 2008, TTB first received a petition from Rachel E.
Martin, executive vice president of Boxwood Winery in Middleburg,
Virginia, proposing the establishment of the ``Middleburg Virginia''
American viticultural area in portions of Loudoun and Fauquier Counties
in northern Virginia. The petition states that the proposed
viticultural area derives its name from the Town of Middleburg,
Virginia, and it is bounded by the Potomac River to the north and by
mountains to the east, south, and west. The 2008 petition notes that
the proposed viticultural area covers approximately 190-square miles
(121,600 acres) and contains 229 acres of commercial vineyards and 12
wineries.
In July 2009, Ms. Martin submitted to TTB a modification to the
proposed Middleburg Virginia viticultural area boundary line in order
to include several additional vineyards within the proposed area. The
modification increased the proposed viticultural area by 1,920 acres in
the Burnt Mill Run area, east of Zulla, on the USGS Rectortown map.
According to the petitioner, the additional acreage has the same
distinguishing features as the originally proposed viticultural area.
With the petitioner's modified boundary line, the proposed Middleburg
Virginia viticultural area contains 251 acres of commercial grape
growing in 10 vineyards and 14 wineries. With the petitioner's
agreement, TTB also made several small modifications to the originally-
proposed boundary line in order to better match the provided maps with
the petition's narrative boundary description. These changes were made
in the vicinity of the town of Marshall and Little Cobbler Mountain and
then near the hamlet of Airmont along Route 734. TTB estimates that the
proposed Middleburg Virginia viticultural area, as described in below,
covers approximately 198-square miles (or 126,720 acres). TTB also
notes that the proposed viticultural area does not overlap or otherwise
affect any established or proposed American viticultural area.
Unless otherwise noted, all information and data contained in the
below sections are from the petition for the proposed Middleburg
Virginia viticultural area and its supporting exhibits.
Name Evidence
The Town of Middleburg is located in southern Loudoun County along
U.S. Route 50, to the immediate north of Fauquier County and to the
west of Washington, DC, according to maps submitted with the petition.
The Town of Middleburg was established in 1787 by Leven Powell, who was
a soldier and statesman (``Colonel John Leven Powell Returns to
Middleburg,'' Audrey Windsor Bergner, Middleburg Press, 1995).
Originally named ``Chinn's Crossroads'' after Joseph Chinn, Lt. Col.
Powell renamed the town Middleburg, most likely because it was the
midpoint on the trade route between the seaport of Alexandria,
Virginia, and inland Winchester, Virginia (ibid.).
The petitioner submitted several documents as evidence of the
Middleburg name and its association with the proposed viticultural
area. In one magazine, the Middleburg area is cited as an
internationally renowned equestrian center (``The Chronicle of the
Horse,'' June 20, 2008). In addition, a June 2011 article from
Washingtonian Magazine that was submitted by the petitioner as a
supplemental exhibit features the Middleburg region in an article
entitled ``Best of Middleburg,'' which includes a ``Grape Adventures''
section that highlights some of the wineries located within the
proposed Middleburg Virginia viticultural area (``Best of Middleburg--
Grape Adventures,'' Lydia Strohl, Washingtonian Magazine, June 2011).
Further, two local monthly newspapers for the Middleburg area,
Middleburg Eccentric and Middleburg Life, contain various news
articles, event listings, advertisements, and real estate listings for
locations within the proposed Middleburg Virginia viticultural area.
Tourism guides for the region also contain references to places
throughout the proposed Middleburg Virginia viticultural area. One
visitors' guide contains information about special events, day trips,
lodging, dining, and shopping in the greater Middleburg area, which
includes areas outside the Town of Middleburg that are located within
the proposed viticultural area (``Visitor's Guide to Middleburg,
Virginia,'' revised in 2006). Another visitor's guide for the
Middleburg region contains photographs of historical buildings, touring
information, and a map of the Middleburg area (``Destination
Middleburg--A Walking Tour into the Past,'' Middleburg Beautification
and Preservation, Inc., October 2001). TTB adds that the official
tourism Web site for the Commonwealth of Virginia lists a variety of
places to visit, dine, and stay that are located throughout the
proposed Middleburg Virginia viticultural area under its listing for
``Middleburg'' (available at http://www.virginia.org/Cities/Middleburg/
).
Boundary Evidence
As noted above, the proposed Middleburg Virginia viticultural area
is located entirely within the Commonwealth of Virginia in portions of
Loudoun and Fauquier Counties. The USGS maps show that the shared
Loudoun-Fauquier County boundary line runs west-northwest to east-
southeast through the proposed viticultural area, south of the Town of
Middleburg. The Potomac River, which separates Maryland from Virginia,
forms the northern portion of the proposed viticultural area's boundary
line. The proposed eastern, southern, and western portions of the
boundary line are based on geographical features that mark the
transition from wooded, rolling hills with many creeks to more
mountainous areas, specifically, Catoctin and Bull Run Mountains to the
east, Watery,
[[Page 69200]]
Swains, Little Cobbler, and Hardscrabble Mountains to the south, and
the Blue Ridge Mountains to the west. The proposed boundary line uses
rivers, creeks, roads, elevation points, a national park boundary line,
and other points shown on the USGS maps.
Distinguishing Features
The distinguishing features of the proposed Middleburg Virginia
viticultural area are its climate, topography, geology, and soils.
Climate
The geographical location and terrain of the proposed Middleburg
Virginia viticultural area result in a unique microclimate within the
larger northern Virginia region. Climatic data for the 2005 and 2006
average growing seasons (April 1 to October 31) for the proposed
viticultural area distinguish it from the surrounding regions (data
compiled by the petitioner from the National Oceanic and Atmospheric
Administration, U.S. Meteorological Department, and Weather
Underground, http://www.wunderground.com). The data are summarized in
the below table.
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Degree days \1\ (difference from Maximum Minimum Average total Wind speed
Middleburg) temperature temperature precipitation average
Area/location relative to Middleburg -------------------------------------------------------------------------------------------------------------
Units [deg]F [deg]F Inches mph
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Proposed Middleburg AVA................... 3,568............................... 83.43 48.2 25.55 2.25
Hagerstown, MD (north).................... 3,412 (156 less).................... 86 38.5 16.60 6.5
Winchester, VA (west)..................... 3,594 (26 more)..................... 86 41 19.92 3.5
Culpeper, VA (south)...................... 3,758 (190 more).................... 85 42 21.03 1.5
Leesburg, VA (east-southeast)............. 3,957 (389 more).................... 91.09 45.6 18.78 3.0
Dulles, VA (east)......................... 3,717 (149 more).................... 89.85 43.4 30.38 6.0
Manassas, VA (southeast).................. 3,688 (120 more).................... 88.8 42.2 17.36 2.6
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\1\ In the Winkler climate classification system, heat accumulation during the grape-growing season measured in growing degree days defines climatic
regions (``General Viticulture,'' by A.J. Winkler, J.A. Cook, W.M. Kliewer, and L.A. Lider, University of California Press, 1974, pp. 61-64). One
degree day accumulates for each degree Fahrenheit that a day's mean temperature is above 50 degrees, the minimum temperature required for grapevine
growth.
As shown by the maximum and minimum temperatures in the above
table, the proposed Middleburg Virginia viticultural area has both
cooler highs and warmer lows than the surrounding regions during the
growing season. As a result, the proposed viticultural area has a more
moderated growing season climate than the surrounding areas. TTB notes
that the moderated growing season temperatures contribute to developing
consistent grape growth and achieving maturity for harvest before the
onset of freezing temperatures. The proposed Middleburg Virginia
viticultural area is generally cooler than the surrounding areas in
Virginia as evidenced by its lower number of growing degree days,
according to the above table.
The table also shows that the average total precipitation for the
proposed Middleburg Virginia viticultural area growing season is 25.55
inches, which is greater than the growing season precipitation totals
for the surrounding Hagerstown, Winchester, Culpeper, Leesburg, Dulles,
and Manassas areas, at 16.60, 19.92, 21.03, 18.78, 30.38, and 17.36
inches, respectively. Based on the data in the table, the Middleburg
Virginia viticultural area receives significantly more growing season
precipitation than the surrounding areas except for the Dulles area the
east, which receives almost 5 inches more precipitation during the
growing season.
The table further shows that the wind speed average for the
proposed Middleburg Virginia viticultural area is 2.25 miles per hour
(mph), which is significantly less than the wind speed averages for the
surrounding Hagerstown, Winchester, Leesburg, Dulles, and Manassas
areas, at 6.5, 3.5, 3.0, 6.0, and 2.6 mph, respectively (although it is
greater than the wind speed average for the Culpeper area to the south,
at 1.5 mph). The moderate winds in the proposed viticultural area,
which consist of gentle western breezes from the Ashby Gap in the Blue
Ridge Mountains, dissipate the morning fog, lessen the effect of frost,
and reduce mildew during the growing season.
Topography
The terrain of the proposed Middleburg Virginia viticultural area
generally contains rolling hills, woods, and many creeks. It is located
within the Blue Ridge Anticlinorium, between the Blue Ridge Mountains
to the west and the Catoctin and Bull Run Mountains to the east. As
shown on the USGS maps, elevations within the proposed viticultural
area range from 220 feet (along the Potomac River shoreline, which
forms the northern portion of the proposed boundary line) to 1,470 feet
(at the peak of Naked Mountain in the southwest corner of the proposed
viticultural area). According to the USGS maps, the southern portion of
the proposed viticultural area trends southeast to southwest toward the
foothills of the Blue Ridge Mountains and gradually gains in elevation.
As shown on the USGS maps submitted with the petition, the steep
slopes of the 600- to 890-foot Catoctin Mountain ridge are located to
the east of the proposed boundary line of the Middleburg Virginia
viticultural area. The 700- to 1,370-foot Bull Run Mountains are
located to the southeast, which contrast with the 450- to 550-foot
gently mounded hills, rolling terrain, and spring-fed ponds and lakes
within the proposed viticultural area, according to the USGS maps.
The USGS maps also show that the 900- to 1,340-foot Watery
Mountains are located to the south of the boundary line of the proposed
viticultural area. By contrast, the land formations within the southern
portion of the proposed viticultural area are less undulating, a
feature that is important for a vineyard site, according to Alex
Blackburn, the certified soil scientist who compiled the soils data for
the petition (see ``Soils,'' below).
The Little Cobbler, Red Oak, and Hard Scrapple Mountains, which are
heavily wooded with steep slopes ranging in elevation from 800 to 1,300
feet, are located to the southwest of the proposed viticultural area.
This area is not recommended for grape growing because of erosion
hazards and the difficulty of cultivation along the sleep slopes of the
region, according to Mr. Blackburn.
According to the USGS maps, the steep terrain and ridgelines of the
1,200- to 1,800 foot Blue Ridge Mountains are located to the west of
the proposed boundary line. The higher elevations and mountainous
terrain of the Blue
[[Page 69201]]
Ridge Mountains contrast with the lower elevation, rolling terrain
within the proposed viticultural area, as shown on the USGS maps.
The Potomac River is immediately to the north of the northern
portion of the proposed boundary line, flowing eastward into the
Chesapeake Bay, as indicated on the USGS maps. North of the Potomac
River, the terrain in Maryland is similar to that of the proposed
viticultural area.
Geology
A geology map submitted with the petition shows that the proposed
Middleburg Virginia viticultural area is underlain predominantly by
fractured granite and gneiss bedrock with scattered, small greenstone
dykes (``Middleburg Virginia AVA Geology and Soil Association Map,''
Loudoun County Department of Building and Development, National
Resources Division, and the Fauquier County GIS Department, undated).
According to the Mr. Blackburn, the granite and gneiss bedrock
underlying the proposed Middleburg Virginia viticultural area produce
soils that are generally lower in natural fertility and water
availability, which reduces problems related to vine vigor and produces
better fruit quality. The boundary line of the proposed Middleburg
Virginia viticultural area largely follows the distinctive geology of
the area, which contrasts to the geology of the surrounding regions.
The Potomac River and Maryland are located to the north of the
proposed Middleburg Virginia viticultural area. In Maryland, the
intrusions of greenstone resembling Catoctin greenstone are more
numerous than those in the granites and gneisses in the proposed
viticultural area. The greenstone intrusions to the north are so
numerous that they more closely resemble the Catoctin greenstone
formation that is located to the east, southeast, and west of the
proposed viticultural area.
The regions to the east of the proposed Middleburg Virginia
viticultural area are dominated by the Catoctin Formation, which
consists of mostly greenstone and charnokytes, and also some acidic
quartzite. The Catoctin Formation continues to the Antietam Formation,
which underlies the Bull Run Mountains. To the southeast of the
proposed viticultural area, the bedrock consists of schist and phylites
(ibid.). An area of the same granite and gneiss bedrock formations as
those within the proposed viticultural area lies to the southwest of
the proposed boundary line, although those areas are at higher
elevations and are not well-suited for grape growing.
To the west of the proposed Middleburg Virginia viticultural area,
granites and gneisses continue to units of the Catoctin Formation, both
of which form the Blue Ridge Mountains. The Ridge and Valley province,
consisting of folded sedimentary rocks, begins on the western side of
the Blue Ridge Mountains.
Soils
The soils evidence in the petition was documented by Mr. Blackburn,
with contributions from Jim Sawyer, Head Soil Specialist, Fauquier
County, Virginia, and Frederick M. Garst, GIS Specialist, USDA-NRCS,
Harrisonburg, Virginia. The table below, which is based on that
documentation, compares the extent of the dominant soils of the
proposed Middleburg Virginia viticultural area both within and outside
of the proposed viticultural area.
------------------------------------------------------------------------
Percentage in
Percentage the areas
within the around the
Soil series proposed proposed
viticultural viticultural
area area
------------------------------------------------------------------------
Purcellville, Tankerville, and 38.0 22.8
Middleburg.............................
Tankerville and Philomont............... 24.0 1.2
Mongle, Codorus, and Hatboro............ 13.0 5.4
Swampoodle and Purcellville............. 11.0 3.4
Eubanks................................. 6.5 6.0
Cardiff and Glenelg..................... 3.0 2.9
Penn, Nestoria, and Manassas............ 2.5 0.6
------------------------------------------------------------------------
As indicated in the above table and in a map included with the
petition, the Purcellville-Tankerville-Middleburg and the Tankerville-
Philomont soil associations are the dominant soil associations in the
proposed viticultural area. These soils formed in the granite and
gneiss bedrock of the proposed viticultural area, with some occasional
greenstone dyke. Messrs. Sawyer and Garst noted that the dominant soil
characteristics and prevalent geological properties distinguish the
proposed Middleburg Virginia viticultural area from the surrounding
areas.
The Purcellville soils are very deep and well-drained, with
moderate available water capacity, or water available to plants.
Tankerville soils are moderately deep and well-drained to excessively
drained, with a lower available water capacity than Purcellville soils.
Philomont soils, formed in relatively coarser granite than that in
which Purcellville and Tankerville soils formed, are very deep and
well-drained, with low available water capacity. Compared to the
surrounding areas, the soils in the proposed viticultural area are
generally lower in natural fertility and in available water capacity.
According to Mr. Blackburn, these four soils are among the best in the
Blue Ridge Physiographic Province for fruit production, and grapevines
grown in these soils have better quality fruit with few vigor problems.
However, vineyard blocks containing these soils must be sited on
specific landforms with good natural drainage that are not easily
erodible or susceptible to frost.
The soils of lesser extent in the proposed Middleburg Virginia
viticultural area include Mongle, Codorus, and Hatboro soils (13
percent of the total land area); Swampoodle and Purcellville soils (11
percent); and Eubanks soils (6.5 percent). The Mongle, Codorus,
Hatboro, and Swampoodle soils are moderately well-drained to very
poorly drained and are located in flood plains or other low-lying areas
that are generally unsuited to grape production. The Eubanks soils are
very deep and well-drained, with moderate available water capacity.
Most of the soils outside of the proposed viticultural area are
different because they formed in rocks that are different from those in
the proposed Middleburg Virginia viticultural area. To the north, in
Maryland, the soils formed in bedrock with increased greenstone
intrusions. The greenstone intrusions affect soil fertility and
[[Page 69202]]
available water capacity, which, in turn, affects vineyard management,
vine growth, and fruit quality. To the south, toward and through
Culpepper County, the soils formed in granite and gneisses, with fewer
greenstone intrusions than in the proposed viticultural area. The soils
in that region more closely resemble Philomont soils than the
Purcellville, Tankerville, and Swampoodle soils in the proposed
viticultural area. To the east, the dominant Airmont, Weverton, and
Stumptown soils formed in the mainly quartzite Antietam Formation,
which is a continuation of the Catoctin Formation. To the west, the
soils formed in granite and gneiss, which continue as units of the
Catoctin Formation.
Thus, as compared to the soils in the proposed viticultural area,
the soils in the surrounding areas would require different vineyard
management, produce different yields, and result in different vine
growth and fruit quality.
TTB Determination
TTB concludes that the petition to establish the approximately 190-
square mile ``Middleburg Virginia'' viticultural area merits
consideration and public comment as invited in this notice.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required maps, and TTB lists them 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. If TTB establishes this proposed viticultural area,
its name, ``Middleburg Virginia,'' will be recognized as a name of
viticultural significance under 27 CFR 4.39(i)(3). The text of the
proposed regulation clarifies this point. Consequently, wine bottlers
using ``Middleburg Virginia'' 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 viticultural area's
name as an appellation of origin.
On the other hand, TTB does not believe that any single part of the
proposed viticultural area name standing alone, that is, ``Middleburg''
or ``Virginia,'' would have viticultural significance in relation to
this proposed viticultural area because: (1) According to Geographic
Names Information Service, the ``Middleburg'' area name refers to 73
locations in 14 States, including 22 populated places within the United
States, so TTB believes that a determination of ``Middleburg'' as a
term of viticultural significance could lead to consumer and industry
confusion and should be avoided; and (2) ``Virginia,'' standing alone,
is locally and nationally known as referring to the Commonwealth of
Virginia, which is already a term of viticultural significance as a
state-wide appellation of origin under 27 CFR 4.25(a)(1)(ii), which
provides that a State is an American appellation of origin, and 27 CFR
4.39(i)(3), which states that ``[a] name has viticultural significance
when it is the name of a state * * *.'' Therefore, the proposed part 9
regulatory text set forth in this document specifies only ``Middleburg
Virginia'' as a term of viticultural significance for purposes of part
4 of the TTB regulations.
For a wine to be eligible to use a viticultural area name as an
appellation of origin or a term of viticultural significance in a brand
name, at least 85 percent of the wine must be derived from grapes grown
within the area represented by that name or term, and the wine must
meet the other conditions listed in 27 CFR 4.25(e)(3). If the wine is
not eligible to use the viticultural area name as an appellation of
origin and that name or other term of viticultural significance 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 viticultural area name or other term of viticultural
significance 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 a
viticultural area name or other term of viticultural significance that
was used as a brand name on a label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether TTB should establish the proposed viticultural area. TTB is
also interested in receiving comments on the sufficiency and accuracy
of the name, boundary, climatic, 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 Middleburg Virginia viticultural area on wine labels that
include the words ``Middleburg Virginia'' as discussed above under
Impact on Current Wine Labels, TTB is also particularly interested in
comments regarding whether there will be a conflict between the
proposed viticulturally significant terms and currently used brand
names. If a commenter believes that a conflict will arise, the comment
should describe the nature of that conflict, including any anticipated
negative economic impact that approval of the proposed viticultural
area will have on an existing viticultural enterprise. TTB is also
interested in receiving suggestions for ways to avoid conflicts, for
example by adopting a modified or different name for the viticultural
area.
Submitting Comments
You may submit comments on this notice by using one of the
following three methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form linked to this notice in Docket No. TTB-2011-0009
on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A link to the docket is available under Notice No.
123 on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml">http://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments
submitted via Regulations.gov. For information on how to use
Regulations.gov, click on the site's Help or FAQ tabs.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412.
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 200-E, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 123 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.
If you are commenting on behalf of an association, business, or
other entity, your comment must include the entity's name as well as
your name and position
[[Page 69203]]
title. If you comment via Regulations.gov, please include the entity's
name in the ``Organization'' blank of the 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 that is inappropriate
for public disclosure.
Public Disclosure
On the Federal e-rulemaking portal, Regulations.gov, TTB will post,
and the public may view, copies of this notice, selected supporting
materials, and any electronic or mailed comments TTB receives about
this proposal. A direct link to the Regulations.gov docket containing
this notice and the posted comments received on it is available on the
TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml">http://www.ttb.gov/wine/wine_rulemaking.shtml under
Notice No. 123. You may also reach the docket containing this notice
and the posted comments received on it through the Regulations.gov
search page at http://www.regulations.gov. 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
TTB considers unsuitable for posting.
You and other members of the public may view copies of this notice,
all related petitions, maps and other supporting materials, and any
electronic or mailed comments 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. Contact TTB's information specialist at the above address
or by telephone at (202) 453-2270 to schedule an appointment or to
request copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866. Therefore, it requires no regulatory
assessment.
Drafting Information
Elisabeth C. Kann of the Regulations and Rulings Division drafted
this notice.
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.
2. Subpart C is amended by adding Sec. 9.-------- to read as
follows:
Subpart C--Approved American Viticultural Areas
Sec. 9. Middleburg Virginia.
(a) Name. The name of the viticultural area described in this
section is ``Middleburg Virginia''. For purposes of part 4 of this
chapter, ``Middleburg Virginia'' is a term of viticultural
significance.
(b) Approved maps. The 13 United States Geological Survey (scale
1:24,000) topographic maps used to determine the boundary of the
Middleburg Virginia viticultural area are titled:
(1) Harpers Ferry Quadrangle, West Virginia-Virginia-Maryland,
1996;
(2) Point of Rocks Quadrangle, Maryland-Virginia, 1970,
photoinspected 1981;
(3) Waterford Quadrangle, Virginia-Maryland, 1970, photorevised
1984;
(4) Purcellville Quadrangle, Virginia-Loudoun Co., 1970,
photorevised 1984;
(5) Lincoln Quadrangle, Virginia-Loudoun Co., 1970, photoinspected
1981;
(6) Middleburg Quadrangle, Virginia, 1968, photorevised 1978,
photoinspected 1981;
(7) Rectortown Quadrangle, Virginia, 1970, photoinspected 1981;
(8) Marshall Quadrangle, Virginia-Fauquier Co., 1970, photorevised
1983;
(9) Orlean Quadrangle, Virginia, 1970, photorevised 1983;
(10) Upperville Quadrangle, Virginia, 1970, photorevised 1983;
(11) Linden Quadrangle, Virginia, 1994;
(12) Ashby Gap Quadrangle, Virginia, 1970, photorevised 1978,
photoinspected 1981; and
(13) Bluemont Quadrangle, Virginia, 1970, photorevised 1979;
photoinspected 1981.
(c) Boundary. The Middleburg Virginia viticultural area is located
in Loudoun and Fauquier Counties, Virginia. The boundary of the
Middleburg Virginia viticultural area is as described below:
(1) The beginning point is on the Harpers Ferry map at the
intersection of the easternmost boundary line of the Harpers Ferry
National Historical Park and the south bank of the Potomac River in
Loudoun County, Virginia. From the beginning point, follow the south
bank of the Potomac River easterly (downstream) for approximately 8.2
miles, crossing onto the Point of Rocks map, to the mouth of Catoctin
Creek; then
(2) Proceed southwesterly (upstream) along the meandering Catoctin
Creek for approximately 4 miles to State Route 663 (locally known as
Taylorstown Road) at Taylorstown; then
(3) Proceed easterly on State Route 663 for approximately 0.1 mile
to State Route 665 (locally known as Loyalty Road) in Taylorstown; then
(4) Proceed southerly on State Route 665 for approximately 5.4
miles, crossing onto the Waterford map, to State Route 662 on the south
side of Waterford; then
(5) Proceed southerly on State Route 662 for approximately 2.5
miles to State Route 9 (locally known as Charles Town Pike) near
Paeonian Springs; then
(6) Proceed southerly on State Route 9 (Charles Town Pike) for
approximately 0.7 mile, crossing over State Route 7 (locally known as
Harry Byrd Highway), to State Business Route 7 (locally known as E.
Colonial Highway); then
(7) Proceed westerly on State Business Route 7 (E. Colonial
Highway) for approximately 0.4 mile to the road's intersection with the
continuation of State Route 662 (locally known as Canby Road); then
(8) Proceed southerly on State Route 662 (Canby Road) for
approximately 4 miles, crossing over the southwest corner of the
Purcellville map onto the Lincoln map, to State Route 729; then
[[Page 69204]]
(9) Proceed southwesterly on State Route 729 for approximately 2.8
miles to the State Route 729 bridge at North Fork Creek; then
(10) Proceed southeasterly (downstream) along the meandering North
Fork Creek for approximately 4 miles to the confluence of North Fork
Creek with Goose Creek; then
(11) Proceed southwesterly (upstream) along the meandering Goose
Creek for approximately 5.6 miles to State Route 734 at Carters Bridge;
then
(12) Proceed southeasterly on State Route 734 for approximately 2.4
miles, crossing onto the Middleburg map, to State Route 629; then
(13) Proceed southerly on State Route 629 for approximately 1 mile
to the road's intersection with U.S. Route 50 at BM 341 at Dover, then
continue in a straight line due south for approximately 150 feet to the
Little River; then
(14) Proceed southwesterly (upstream) along the meandering Little
River for approximately 8 miles to the State Route 626 bridge at
Halfway; then
(15) Proceed northwesterly on State Route 626 for approximately 0.3
mile to State Route 706, and then continue northwesterly on State Route
706 for approximately 1.6 miles, crossing onto the Rectortown map, to
Burnt Mill Run; then
(16) Proceed west-southwesterly (upstream) along Burnt Mill Run for
approximately 0.4 mile to State Route 705; then
(17) Proceed south-southwesterly on State Route 705 for
approximately 0.5 mile to State Route 715; then
(18) Proceed west-northwesterly on State Route 715 for
approximately 0.4 mile to State Route 709 at Zulla; then
(19) Proceed south-southwesterly on State Route 709 for
approximately 4.6 miles, crossing onto the Marshall map, to Interstate
Highway 66 (0.6 mile south of Brookes Corner); then
(20) Proceed west-northwesterly on Interstate Highway 66 for
approximately 4.0 miles, crossing onto the Orlean map, to State Route
732 (locally known as Ramey Road); then
(21) Proceed westerly on State Route 732 approximately 2 miles to
State Route 731 (locally known as Ashville Road) near Ashville; then
(22) From the intersection of State Routes 732 and 731, proceed
northwesterly in a straight line, crossing onto the Upperville map, to
the marked 1,304-foot peak on Little Cobbler Mountain, then northerly
in a straight line to the marked 1,117-foot peak on Little Cobbler
Mountain, and then continue northerly in a straight line to the marked
771-foot peak near the northern end of Little Cobbler Mountain; then
(23) Proceed west in a straight line for approximately 2.7 miles to
the 595-foot elevation point on State Route 724, southeast of Markham,
and continue west in a straight line for approximately 3.1 miles,
crossing onto the Linden map, to the point where the line meets the
intersection of State Route 726 and an unnamed side road (near a
cemetery), approximately 0.7 mile southwest of the intersection of
State Route 726 and State Route 55 (near Belle Meade); then
(24) Proceed northeasterly along State Route 726 for approximately
0.7 mile to State Route 55; then
(25) Proceed east-northeast in a straight line for approximately
1.7 miles to the point where the line meets State Route 688 at BM 629
in Wildcat Hollow; then
(26) Proceed northerly and then northeasterly on State Route 688
for approximately 5.5 miles, crossing over and back between the Linden
and Upperville maps and then continuing on the Upperville map, to the
road's intersection with U.S. Route 17; then
(27) Proceed northerly on U.S. Route 17 for approximately 2.0
miles, crossing onto the Ashby Gap map, to U.S. Route 50 (just east of
Paris); then
(28) Proceed east-northeasterly in a straight line for
approximately 1.5 miles to the marked 797-foot elevation point located
along State Route 618 at a fork in the road approximately 0.65 miles
north of U.S. Route 50; then
(29) Proceed southeasterly in a straight line for approximately 0.9
mile to U.S. Route 50 at BM 625, which is located at a bridge over an
unnamed branch of Panther Skin Creek; then
(30) Proceed south-southeasterly in a straight line for
approximately 2.9 miles, crossing onto the Upperville map, to the
intersection of State Routes 712 and 710 at Kerfoot; then
(31) Proceed southeasterly on State Route 710 for approximately 2.5
miles, crossing onto the Rectortown map, to the State Route 710 bridge
over Goose Creek; then
(32) Proceed northeasterly (downstream) along the meandering Goose
Creek for approximately 10.9 miles to State Route 626 at Bentons
Bridge; then
(33) Proceed northwesterly on State Route 626 for approximately 4.0
miles, crossing onto the Bluemont map, to State Route 630 at Unison;
then
(34) Proceed northeasterly on State Route 630 for approximately
0.75 mile to Dog Branch; then
(35) Proceed northwesterly along Dog Branch for approximately 1.75
miles to State Route 719; then
(36) Proceed north-northeasterly on State Route 719 for
approximately 2 miles to State Route 734 at Airmont; then
(37) Proceed east-southeasterly on State Route 734 for
approximately 0.7 mile to State Route 735; then
(38) Proceed northeasterly on State Route 735 for approximately 2
miles to State Route 725; then
(39) Proceed north-northeasterly in a straight line for
approximately 4.4 miles, crossing over the northwest corner of the
Lincoln map and then onto the Purcellville map, to the intersection of
State Routes 711 and 690, (northwest of Purcellville); then
(40) Proceed north-northeasterly on State Route 690 for
approximately 3.1 miles to State Route 9, then proceed east on State
Route 9 for approximately 0.2 mile to the continuation of State Route
690, then proceed northerly on State Route 690 for approximately 5.3
miles, crossing onto the Harpers Ferry map, to the road's intersection
with the 600-foot elevation line immediately south of the road's marked
592-foot elevation point (located 0.75 mile east-northeast of the radio
facilities at the 1,424-foot peak of Short Hill Mountain); then
(41) Proceed northerly along the 600-foot elevation line for
approximately 4 miles to the intersection of the 600-foot elevation
line with the Harpers Ferry National Historical Park south boundary,
approximately 0.2 mile south of the point where the Washington and
Frederick Counties, Maryland, boundary line intersects with the south
bank of the Potomac River; then
(42) Proceed east and north approximately 0.75 mile along the
Harpers Ferry National Historical Park boundary line, returning to the
south bank of the Potomac River and the beginning point.
Dated: November 3, 2011.
John J. Manfreda,
Administrator.
[FR Doc. 2011-28930 Filed 11-7-11; 8:45 am]
BILLING CODE 4810-31-P