[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Rules and Regulations]
[Pages 8018-8022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02454]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2012-0004; T.D. TTB-110; Re: Notice No. 129]
RIN 1513-AB46
Establishment of the Indiana Uplands Viticultural Area and
Modification of the Ohio River Valley 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 4,800-square mile ``Indiana Uplands'' viticultural
area in south-central Indiana. TTB also modifies the boundary of the
established 26,000-square mile Ohio River Valley viticultural area to
eliminate a potential overlap with the Indiana Uplands viticultural
area. The modification decreases the size of the Ohio River Valley
viticultural area by approximately 1,530 square miles. 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: Effective March 7, 2013.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
[[Page 8019]]
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 (Revised), dated
January 21, 2003, to the TTB Administrator to perform the functions and
duties in the administration and enforcement of this law.
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
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.
Indiana Uplands Petition
Jim Butler of Butler Winery in Bloomington, Indiana submitted a
petition to establish the approximately 4,800-square mile Indiana
Uplands viticultural area in south-central Indiana. The proposed
Indiana Uplands viticultural area contains 19 vineyards with
approximately 200 acres under cultivation, 2 planned vineyards of 15 to
20 acres each, and 17 wineries; the existing and planned vineyards are
geographically distributed throughout the proposed viticultural area,
according to a map submitted with the petition.
Spanning 110 miles north to south beginning at the line that
separates Morgan and Monroe Counties, the proposed Indiana Uplands
viticultural area extends south to the Ohio River at the Kentucky
border. The proposed viticultural area extends approximately 63 miles
east to west at its widest point, from Clark County to Martin County.
Nineteen Indiana counties are located partially or totally within the
proposed viticultural area: Monroe, Brown, Morgan, Owens, Greene,
Lawrence, Bartholomew, Orange, Washington, Floyd, Harrison, Perry,
Crawford, Jackson, Martin, Daviess, Dubois, Scott, and Spencer.
Proposed Modification of the Ohio River Valley Viticultural Area
Boundary
TTB notes that approximately 1,530 square miles in the southern
portion of the Indiana Uplands viticultural area as originally proposed
in the petition overlapped the approximately 26,000-square mile Ohio
River Valley viticultural area (27 CFR 9.78). The Ohio River Valley
viticultural area encompasses the broad valley surrounding the Ohio
River in Indiana, Kentucky, Ohio, and part of West Virginia; see T.D.
ATF-144, published in the Federal Register (48 FR 40377) on September
7, 1983. Seven Indiana counties are partially or totally within the
area overlapping the Ohio River Valley viticultural area: Washington,
Clark, Floyd, Harrison, Perry, Crawford, Scott, and Spencer Counties.
The Indiana Uplands petition presents evidence that the geology,
soils, topography, and climate of the overlapping portion of the
proposed viticultural area are largely consistent with the rest of the
proposed viticultural area and are distinctive when compared to the
larger Ohio River Valley viticultural area. TTB concluded that the
features of the portion of the proposed Indiana Uplands viticultural
area that overlaps the Ohio River Valley viticultural area are
sufficiently distinct from those within the Ohio River Valley
viticultural area as to warrant proposing a boundary adjustment to
eliminate the two areas' potential overlap.
In communications with TTB, the Indiana Uplands petitioner agreed
that the distinguishing features of the larger Ohio River Valley
viticultural area and the overlapping portion of the proposed Indiana
Uplands viticultural area differ significantly, and he concluded that
modifying the boundary of the Ohio River Valley viticultural area to
exclude the overlapping region would be warranted if the proposed
Indiana Uplands viticultural area were to be established. At TTB's
request, the petitioner obtained letters from the owners of the 11
wineries and vineyards that would be affected by the proposed
modification of the Ohio River Valley viticultural area, all of which
indicate agreement by the owners with the proposed modification. In the
letters, the vineyard owners also indicate their willingness to no
longer to use ``Ohio River Valley'' as an appellation of origin for
wine produced from their grapes if the boundary is modified.
[[Page 8020]]
Notice of Proposed Rulemaking and Comments Received
On June 8, 2012, TTB published Notice No. 129 in the Federal
Register (77 FR 33985) proposing to establish the Indiana Uplands
viticultural area and to modify the boundary of the existing Ohio River
Valley viticultural area to eliminate any potential overlap of the two
areas, as discussed above. In the notice, TTB summarized the evidence
from the petition regarding the name, boundary, and distinguishing
features for the proposed Indiana Uplands viticultural area. The
distinguishing features of the proposed viticultural area include
geology, topography, climate, and soil. The notice included a
comparison of the distinguishing features within the proposed
viticultural area to the immediately surrounding areas. Notice No. 129
also included an overview of the Ohio River Valley viticultural area
and a detailed discussion of the differences between the distinguishing
features within the existing Ohio River Valley viticultural area and
those of the proposed Indiana Uplands viticultural area. For a
description of the evidence relating to the name, boundary, and
distinguishing features of the proposed viticultural area, as well as
overview of the Ohio River Valley viticultural area and the comparison
of the distinguishing features of the two areas, see Notice No. 129.
In Notice No. 129, TTB solicited comments on the accuracy of the
name, boundary, climatic, and other required information submitted in
support of the establishment of the Indiana Uplands viticultural area.
TTB also asked for comments on whether the geographical features of the
proposed Indiana Uplands viticultural area are so distinguishable from
the existing Ohio River Valley viticultural area that the boundary of
the Ohio River Valley viticultural area should be modified to exclude
the overlapping portion of the proposed viticultural area. In addition,
TTB specifically asked for comments from industry members whose wine
labels would potentially be affected by the proposed Ohio River Valley
viticultural area boundary modification. The comment period closed on
August 7, 2012.
During the comment period, TTB received 5 comments in response to
Notice No. 129. All 5 comments are from growers and winery owners
within the proposed viticultural area who support the proposed Indiana
Uplands viticultural area and the proposed modification of the Ohio
River Valley viticultural area boundary. TTB received no comments
opposing either the establishment of the Indiana Uplands viticultural
area as proposed or the proposed modification of the Ohio River Valley
viticultural area boundary.
TTB Determination Regarding the Proposed Indiana Uplands Viticultural
Area and Proposed Modification of the Ohio River Valley Viticultural
Area
After careful review of the petition and the comments received in
response to Notice No. 129, TTB finds that the evidence provided by the
petitioner supports the establishment of the approximately 4,800-square
mile Indiana Uplands viticultural area. TTB also finds that the
evidence submitted supports the modification of the boundary of the
established Ohio River viticultural area so that the Ohio River Valley
viticultural area and the new established Indiana Uplands viticultural
area will not overlap. Accordingly, under the authority of the FAA Act,
section 1111(d) of the Homeland Security Act of 2002, and part 4 of the
TTB regulations, TTB establishes the ``Indiana Uplands'' viticultural
area in Monroe, Brown, Morgan, Owens, Greene, Lawrence, Bartholomew,
Orange, Washington, Floyd, Harrison, Perry, Crawford, Jackson, Martin,
Daviess, Dubois, Scott, and Spencer Counties, Indiana. TTB also
modifies the Ohio River Valley boundary as described in Notice No. 129.
These changes are effective 30 days from the publication date of this
document.
Boundary Description
In this final rule, TTB made minor editorial changes to clarify
some of the language in the written boundary description for the
Indiana Uplands viticultural area, but the boundary's location is not
changed from that proposed in Notice No. 121. See the narrative
boundary description of the Indiana Uplands viticultural area and the
modification of the Ohio River Valley viticultural area boundary in the
regulatory texts published at the end of this final rule.
Maps
The Indiana Uplands petitioner provided the required maps, and TTB
lists them below in the regulatory text.
Impact on Current Wine Labels
General
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. With the establishment of this viticultural area, its
name, ``Indiana Uplands,'' is recognized as a name of viticultural
significance under 27 CFR 4.39(i)(3). The text of the final regulation
clarifies this point. Once this final rule becomes effective, wine
bottlers using ``Indiana Uplands'' 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 ``Indiana
Uplands'' as an appellation of origin.
For a wine to be labeled with a viticultural area name or with a
brand name that includes a viticultural area name or other term
identified as being viticulturally significant in part 9 of the TTB
regulations, at least 85 percent of the wine must be derived from
grapes grown within the area represented by that name or other term,
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 the
viticultural area name or other viticulturally significant term and
that name or term 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 viticulturally significant term 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.
Transition Period
Once this final rule to establish the Indiana Uplands viticultural
area and to modify the boundary of the Ohio River Valley viticultural
area becomes effective, a transition rule will apply to labels for
wines produced from grapes grown in the approximately 1,530 square mile
area that was formerly within the Ohio River Valley viticultural area.
A label containing the words ``Ohio River Valley'' in the brand name or
as an appellation of origin may be used on wine bottled within two
years from the effective date of this final rule, provided that such
label was approved prior to the effective date of this final rule and
that the wine conforms to the standards for use of the label set forth
in 27 CFR 4.25 or 4.39(i) in effect prior to the final rule. At the end
of this two-year transition period, if a wine is no longer eligible for
labeling with the Ohio River Valley viticultural area name (e.g., less
than 85 percent of the wine is derived from grapes grown in the Ohio
River Valley viticultural area, as modified in this final rule), then
[[Page 8021]]
a label containing the words ``Ohio River Valley'' in the brand name or
as an appellation of origin would not be permitted on the bottle. TTB
believes that the two-year period should provide affected label holders
with adequate time to use up any existing labels. This transition
period is described in the regulatory text for the Ohio River Valley
viticultural area published at the end of this final rule. TTB notes
that wine eligible for labeling with the Ohio River Valley viticultural
area name under the new boundary of the Ohio River Valley viticultural
area will not be affected by this two-year transition period.
Regulatory Flexibility Act
TTB certifies that this final regulation will not have a
significant economic impact on a substantial number of small entities.
The final 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 final rule is not a significant regulatory action as defined
by Executive Order 12866. Therefore, it requires no regulatory
assessment.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this final rule.
List of Subjects in 27 CFR Part 9
Wine.
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. Amend section 9.78 by:
0
a. Revising paragraph (c) introductory text and paragraphs (c)(5) and
(6);
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b. Redesignating paragraphs (c)(7) through (21) as paragraphs (c)(11)
through (25); and
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c. Adding new paragraphs (c)(7) through (10) and (d).
The revisions and additions read as follows:
Sec. 9.78 Ohio River Valley.
* * * * *
(c) Boundary. The Ohio River Valley viticultural area is located in
portions of Indiana, Ohio, West Virginia, and Kentucky. The boundary
description in paragraphs (c)(1) through (24) of this section includes
for each point, in parentheses, the name of the map sheet(s) on which
the point can be found.
* * * * *
(5) The boundary proceeds in a straight line southeasterly to the
confluence of the Anderson River and the Ohio River at Troy, Indiana
(Evansville map).
(6) The boundary proceeds along the Indiana shoreline of the Ohio
River (Evansville and Vincennes maps) generally easterly to the mouth
of French Creek in Franklin Township, Floyd County, Indiana (Louisville
map).
(7) The boundary proceeds in a straight line northerly to the peak
of Lost Knob, then continues in a straight line north-northeasterly
through the peak of Bald Knob to the junction of State Route 111 and a
road locally known as W. St. Joe Road at St. Joseph in New Albany
Township, Floyd County, Indiana (Louisville map).
(8) The boundary then proceeds on State Route 111 northerly to
State Route 60 at Bennettsville in Clark County, Indiana, then on State
Route 60 westerly to Carwood, and then in a straight line northerly to
the point where the Clark-Scott county line crosses Interstate 65 at
Underwood, Indiana (Louisville map).
(9) The boundary proceeds in a straight line northwesterly to Leota
in Scott County, Indiana (Louisville map).
(10) The boundary proceeds in a straight line northeasterly to the
town of New Marion in Ripley County, Indiana (Cincinnati map).
* * * * *
(d) Transition period. A label containing the words ``Ohio River
Valley'' in the brand name or as an appellation of origin approved
prior to March 7, 2013 may be used on wine bottled before March 9,
2015, if the wine conforms to the standards for use of the label set
forth in Sec. 4.25 or Sec. 4.39(i) of this chapter in effect prior to
March 7, 2013.
0
3. Subpart C is amended by adding Sec. 9.228 to read as follows:
Sec. 9.228 Indiana Uplands.
(a) Name. The name of the viticultural area described in this
section is ``Indiana Uplands''. For purposes of part 4 of this chapter,
``Indiana Uplands'' is a term of viticultural significance.
(b) Approved maps. The six United States Geological Survey
1:100,000-scale metric topographic maps used to determine the boundary
of the Indiana Uplands viticultural area are titled:
(1) Tell City, Indiana--Kentucky, 1991;
(2) Jasper, Indiana--Kentucky, 1994;
(3) Bedford, Indiana, 1990;
(4) Bloomington, Indiana, 1986; Photoinspected 1988;
(5) Madison, Indiana--Kentucky, 1990; and
(6) Louisville, Kentucky--Indiana, 1986.
(c) Boundary. The Indiana Uplands viticultural area is located in
south-central Indiana. The boundary of the Indiana Uplands viticultural
area is described as follows:
(1) The beginning point is on the Tell City map at the confluence
of the Anderson River and the Ohio River near Troy in Perry County.
From the beginning point, proceed north-northwesterly in a straight
line, crossing to the Jasper map, to the intersection of State Roads 62
and 162, approximately 3.5 miles north of Santa Claus; then
(2) Proceed north on State Road 162 to its intersection with U.S.
Route 231 in Jasper; then
(3) Proceed north on U.S. Route 231, crossing to the Bedford map
and the Bloomington map, to the intersection of U.S. Route 231 with the
180-meter contour line in Bloomfield, approximately 0.3 mile south of
State Road 54; then
(4) From the west side of U.S. Route 231, proceed northerly along
the meandering 180-meter contour line, and, after crossing the Owen-
Greene county boundary line, continue northeasterly along the contour
line to its intersection with the Monroe-Owen county boundary line
approximately 1 mile south of the confluence of Big Creek and the White
River; then
(5) Proceed north, then northeasterly, and then south along the
Monroe-Owen county boundary line to its intersection with the 200-meter
contour line, approximately 0.3 mile south of the White River; then
(6) Proceed easterly along the meandering 200-meter contour line to
its intersection with State Road 135, south of Morgantown and
approximately 0.8 mile north of the Morgan-Brown county boundary line;
then
(7) Proceed south on State Road 135 to the Morgan-Brown county
boundary line; then
(8) Proceed east along the Brown-Morgan country boundary line and
then
[[Page 8022]]
Brown-Johnson county boundary line to its intersection with the Brown-
Bartholomew county boundary line; then
(9) Proceed south-southeasterly in a straight line to the
intersection of State Road 46 and a road locally known as N. County
Club Road, approximately 1 mile north of Harrison Lake in western
Bartholomew County; then
(10) Proceed south-southwesterly in a straight line to the
intersection of State Road 58 and the Bartholomew-Jackson county
boundary line; then
(11) Proceed east along the Bartholomew-Jackson county boundary
line for approximately 0.4 mile to the county boundary line's first
intersection with the meandering 200-meter contour line after crossing
Buck Creek in northwestern Jackson County; then
(12) Proceed easterly then southwesterly along the meandering 200-
meter contour line, crossing to the Bedford map, to the intersection of
the contour line with U.S. Route 50; then
(13) Proceed east on U.S. Route 50 to its intersection with State
Road 235; then
(14) Proceed south on State Road 235 to its intersection with the
railroad tracks in Medora; then
(15) Proceed southwesterly along the railroad tracks to a point
next to the intersection of two roads locally known as Sparksville Pike
Road and Sparks Ferry Road (approximately 0.5 miles east Sparksville)
and then proceed southeasterly less than 250 feet on Sparks Ferry Road
to that road's bridge over the East Fork of the White River; then
(16) Proceed easterly along the East Fork of the White River and
then the Muscatatuck River to the State Road 135 bridge over the
Muscatatuck River at Millport; then
(17) Proceed easterly in a straight line to the confluence of the
Cammie Thomas Ditch and the Muscatatuck River, located on the northern
boundary of Washington County; then
(18) Proceed southeasterly in a straight line, crossing to the
Madison map, to the intersection of two roads locally known as E. Pull
Tight Road and N. Pumpkin Center East Road at Pumpkin Center in Gibson
Township, Washington County; then
(19) Proceed due south in a straight line for approximately 4.5
miles to the line's intersection with a road locally known as E. Old
State Road 56; then
(20) Proceed easterly and then northeasterly on E. Old State Road
56 to its intersection with a road locally known in Scott County as S.
Bloomington Trail, and then continue southeasterly on S. Bloomington
Trail to its intersection with a road locally known as W. Leota Road at
Leota; then
(21) Proceed southeasterly in a straight line to the intersection
of Interstate 65 and the Scott-Clark counties boundary line at
Underwood; then
(22) Proceed south-southwesterly in a straight line, crossing to
the Louisville map, to the intersection of State Road 60 and a road
locally known as Carwood Road at Carwood in Clark County; then
(23) Proceed southeasterly on State Road 60 to its intersection
with State Road 111 at Bennettsville; then
(24) Proceed southerly on State Road 111 for approximately 1.8
miles to its intersection with a road locally known as W. St. Joe Road
at St. Joseph; then
(25) Proceed south-southwesterly in a straight line to the 266-
meter elevation point on Bald Knob, then continue south-southwesterly
in a straight line to the 276-meter elevation point on Lost Knob; then
(26) Proceed southerly in a straight line to the confluence of
French Creek and the Ohio River in eastern Franklin Township, Floyd
County; then
(27) Proceed (downstream) along the Indiana shoreline of the Ohio
River, crossing back and forth between the Tell City and Jasper maps,
returning to the beginning point.
Signed: November 1, 2012.
John J. Manfreda,
Administrator.
Approved: November 23, 2012.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2013-02454 Filed 2-4-13; 8:45 am]
BILLING CODE 4810-31-P