[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Rules and Regulations]
[Pages 29395-29401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14574]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules
and Regulations
[[Page 29395]]
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2008-0007; T.D. TTB-77; Re: Notice No. 88]
RIN 1513-AB40
Establishment of the Upper Mississippi River Valley Viticultural
Area (2007R-055P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This Treasury decision establishes the 29,914-square mile
``Upper Mississippi River Valley'' viticultural area in portions of
southeast Minnesota, southwest Wisconsin, northwest Illinois, and
northeast Iowa. We designate 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 Date: July 22, 2009.
FOR FURTHER INFORMATION CONTACT: Karen Welch, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW.,
Washington, DC 20220; phone 202-927-0713.
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, 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) contains
the list of approved 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 distinguishable by geographical features, the boundaries
of which have been recognized and defined 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 geographical 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 9.3(b) of the TTB regulations requires
the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, soils, elevation, and physical features, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
Upper Mississippi River Valley Petition
The Upper Mississippi River Valley AVA Committee submitted a
petition to TTB proposing the establishment of the 29,914-square mile
Upper Mississippi River Valley American viticultural area in portions
of southeast Minnesota, southwest Wisconsin, northwest Illinois, and
northeast Iowa. A map submitted with the petition indicates that the
vineyards within the proposed viticultural area are geographically
dispersed throughout the area. The established 28,000-acre (43.75-
square mile) Lake Wisconsin viticultural area (27 CFR 9.146) located in
Columbia and Dane Counties, Wisconsin, lies entirely within the eastern
portion of the proposed viticultural area.
As indicated on the USGS maps included with the petition, the
Mississippi River runs north-to-south in the approximate middle of the
proposed viticultural area. St. Paul, Minnesota, is the northernmost
point of the proposed viticultural area and its southernmost point is
north of Moline, Illinois. According to the petitioner, the Wisconsin
ice age and the effects of glaciation on the region provide a basis for
most of the distinguishing features of the proposed viticultural area.
We summarize below the supporting evidence submitted with the
petition.
Name Evidence
According to the petitioner, the Upper Mississippi River Wildlife
and Fish Refuge Act of 1924 provides a historical perspective in
support of the ``Upper Mississippi River Valley'' name and its
boundaries. The Act established what later would be known as the Upper
Mississippi River National Wildlife and Fish Refuge, an area that
Congress created to reflect the unique habitat of the Paleozoic Plateau
(see ``Regional Land Management'' below). The petition documentation
includes references citing the Upper Mississippi River Valley name
relevant to the Upper Mississippi River National Wildlife and Fish
Refuge. The petitioner documented the use of the Upper Mississippi
River Valley name in Federal and public Web sources.
[[Page 29396]]
A page on the USGS Web site, ``Status and Trends of the Nation's
Biological Resources, Part 2, Regional Trends of Biological
Resources,'' (http://biology.usgs.gov/s+t/SNT/index.htm) includes a
section on the Mississippi River. The ``Geography, Geological History,
and Human Development'' subsection explains the glacial history of the
Upper Mississippi River. The Wisconsin Glacier retreating into Canada
and melting is described as follows: ``The Upper Mississippi River
valley then began filling with glacial outwash, mainly sand and gravel,
a process that is still under way * * *. The Upper Mississippi River
valley widens considerably where it joins the Minnesota River, 13
kilometers downstream from St. Anthony Falls * * *.'' The petitioner
explained that at St. Anthony Falls the Mississippi River headwaters
join the northern boundary of the Upper Mississippi River Valley.
Regarding the history of the valley, a page on the National Park
Service Web site (http://www.nps.gov/efmo/parks/hist.htm) states that
``The Upper Mississippi River valley was not only the home of
prehistoric Indians for thousands of years, but also has been the scene
for over 300 years of recorded human history as well. Early explorers
found the area along the big river occupied by groups of Native
Americans.''
The May 6, 1997, NOVA broadcast entitled ``Flood!'' described the
1993 flooding of the Upper Mississippi River Valley. It included an
interview with Lynn House of Quincy, Illinois. She and her husband own
1,400 acres along the Mississippi River. Mrs. House said that during
the flooding of 1993 her husband exclaimed, ``Levees are going to break
like guitar strings, up and down the Upper Mississippi River Valley!''
``Twelve Millennia: Archaeology of the Upper Mississippi River
Valley,'' by James Theler and Robert Boszhardt (2003, Iowa State
University Press), provides an overview of the 12,000-year-old human
past of the Driftless Area of the Upper Mississippi River Valley,
according to a description of the book on http://www.amazon.com. The
Driftless Area extends from Rock Island Rapids, in the Moline-Rock
Island, Illinois, area, north to St. Anthony Falls in the Minneapolis-
St. Paul, Minnesota, area. (It comprises areas that were excluded from
glacial transport of sediments and other materials.) The petitioner
noted that the Driftless Area roughly corresponds to the boundary of
the proposed Upper Mississippi River Valley viticultural area.
The ``Upper Mississippi River Valley: A Personal Web Site and
Guide,'' at http://soli.inav.net/~atkinson/k/UpperMissRiver.htm, has
scenic photographs and information on local tourism, parks and natural
areas, cities and towns, books, and shopping in the Upper Mississippi
River Valley.
Boundary Evidence
The proposed Upper Mississippi River Valley viticultural area
covers 29,914 square miles, averaging 120 miles east to west and 225
miles north to south, according to the USGS maps provided with the
petition. The headwaters of the Mississippi River start at Lake Itasca
in northwest Minnesota and continue to St. Anthony Falls in
Minneapolis-St. Paul, Minnesota, the petitioner explained.
According to the USGS maps included with the petition, the proposed
northern boundary of the Upper Mississippi River Valley viticultural
area coincides with the landmark St. Anthony Falls. The proposed
southern portion of the boundary extends west from north of Moline,
Illinois, at Lock and Dam 14 on the Mississippi River, to Tiffin, Iowa.
The USGS maps show that the proposed easternmost point of the proposed
boundary is in Janesville, Wisconsin, and the westernmost point is
along Minnesota State Highway 56 in Coates, Minnesota, south of St.
Paul.
To define the proposed boundary of the Upper Mississippi River
Valley viticultural area, the petitioner provided a written boundary
description and USGS State maps for Minnesota, Wisconsin, Illinois, and
Iowa. The petitioner also provided Anamosa and Marshalltown, Iowa,
regional maps, which show highways in more detail.
States and Counties
The table below lists the counties in four States that are either
totally or partially within the boundary of the proposed Upper
Mississippi River Valley viticultural area.
Counties in the Proposed Upper Mississippi River Valley Viticultural
Area
------------------------------------------------------------------------
Minnesota Wisconsin Illinois Iowa
------------------------------------------------------------------------
1. Dakota Buffalo Carroll Allamakee
2. Dodge Clark Jo Davies Black Hawk
3. Fillmore Columbia Lee Bremer
4. Goodhue Crawford Ogle Buchanan
5. Houston Dane Rock Island Cedar
6. Mower Dunn Stephenson Chickasaw
7. Olmstead Eau Claire Whiteside Clayton
8. Wabasha Grant Winnebago Clinton
9. Washington Green ................ Delaware
10. Winona Iowa ................ Dubuque
11. Jackson ................ Fayette
12. Juneau ................ Howard
13. La Crosse ................ Jackson
14. La Fayette ................ Johnson
15. Monroe ................ Jones
16. Pepin ................ Linn
17. Pierce ................ Scott.
18. Richland ................ Winneshiek
19. Rock.
20. Sauk.
21. St. Croix.
22. Trempealeau.
23. Vernon.
------------------------------------------------------------------------
[[Page 29397]]
Regional History
The petitioner explained that European explorers Jacques Marquette
and Louis Joliet first entered the Upper Mississippi River Valley on
June 17, 1673. The Louisiana Purchase and the resolution of the Black
Hawk War in 1832 served to open the area to settlers from the eastern
States.
According to the petitioner, native grape varieties in the Upper
Mississippi River Valley thrived in the late 19th and early 20th
centuries. In 1919, Iowa produced the sixth largest grape crop in the
United States. However, prohibition, severe freezes, droughts, and wind
drift from some crop sprays caused native viticulture to dwindle
throughout much of the 20th century within the proposed viticultural
area. The disease- and cold-resistant French-American grape hybrids and
crop spray improvements developed during the 20th century resulted in
renewed confidence in grape growing as an industry in the Upper
Mississippi River Valley region.
Regional Land Management
The petitioner explained that two management areas, Major Land
Resource Area (MLRA) 105 and the Driftless Area Initiative (DAI), help
to define the proposed viticultural area. The United States Department
of Agriculture, Natural Resources Conservation Service (NRCS), oversees
the management of MLRAs. MLRA 105 comprises the Paleozoic Plateau,
which more recent glacial incursions surrounded, bypassed, and
preserved as a rugged, bedrock-controlled environment with soils
lacking the glacial drift of areas outside the MLRA boundary. Thus, it
encompasses a vast area that has similar soils, climate, water
resources, and land uses. It includes portions of four States:
Southeastern Minnesota, southwestern Wisconsin, northeastern Iowa, and
northwestern Illinois. It roughly corresponds to the boundary of, but
is 4 percent smaller than, the proposed viticultural area.
The DAI, according to the petitioner, comprises the Midwest
Driftless Area with its atypical lack of glacial till. It was created
and is managed conjointly by the Resource Conservation and Development
Councils under the NRCS in the four-State area. The DAI is mandated to
conserve land, water, and habitat resources that are strongly
influenced by the dramatic landscape. In some areas the DAI boundary
slightly extends beyond the MLRA 105 boundary to more fully capture
included watersheds and transitional areas of increasing glacial drift.
The petitioner used State and interstate highways to define the
boundary of the proposed Upper Mississippi River Valley viticultural
area. The highways are marked on the USGS maps and form a boundary that
comprises these important, interrelated components of the proposed
viticultural area: The Upper Mississippi River National Wildlife and
Fish Refuge, the Paleozoic Plateau, MLRA 105, the Driftless Area, and
the Upper Mississippi River watershed.
According to the petitioner, the proposed Upper Mississippi River
Valley viticultural area includes steep-sided cliffs, bluffs, deeply
entrenched stream valleys, and karst features. It has more hills,
ridges, areas of thinner glacial till, and thus better drainage for
grapes than areas outside the proposed boundary. Outside the proposed
boundary, the topography consists of smoother landforms of
unconsolidated materials, glacial drift that is thicker than that
within the proposed boundary, and alluvium.
The petitioner explained that how the Mississippi River is divided
varies among individuals, commercial entities, and public agencies. The
petitioner noted that ``* * * the Mississippi River, sometimes in
conjunction with its valley, is discussed as having upper and lower
segments.'' Others, however, refer to the upper, middle, and lower
Mississippi.
The petitioner explained further that the southern boundary line of
the proposed Upper Mississippi River Valley viticultural area
correlates with the southern border of the Upper Mississippi Fish and
Wildlife Refuge established in 1924. The Wapsipinicon River watershed
closely parallels the eastern and southern boundary lines of the
proposed viticultural area. Interstate Highway 80, which serves as a
portion of the southern boundary line of the proposed viticultural
area, approximates the Wapsipinicon River watershed boundary line.
The petitioner explained that the southern boundary of the proposed
viticultural area correlates with the southern boundary of the U.S.
Department of Agriculture Hardiness Zone 4b. Also, based on research
information provided by Professor Paul Domoto, PhD, Department of
Horticulture, Iowa State University, the average minimum winter
temperatures within the proposed Upper Mississippi River Valley
viticultural area are -15 to -20 degrees F. To the south, they are -10
to -15 degrees F.
According to the petitioner, the southern portion of the boundary
of the proposed viticultural area continues for a few miles south of
the established southern portion of the boundary of MLRA 105. Also, the
western portion of the boundary of the proposed viticultural area
includes a portion of the adjacent MLRA 104 to encompass the entire
watershed of the Wapsipinicon River, a primary tributary of the Upper
Mississippi River.
Lake Wisconsin AVA (27 CFR 9.146)
The proposed Upper Mississippi River Valley viticultural area
includes the established 28,000-acre Lake Wisconsin viticultural area,
the petitioner explained. The Wisconsin River, which forms Lake
Wisconsin, is a major tributary of the Upper Mississippi River.
The petitioner stated that the Lake Wisconsin viticultural area is
comprised of soil orders and Driftless Area topography similar to those
of the proposed Upper Mississippi River Valley viticultural area.
Regarding the Lake Wisconsin viticultural area, which has a few glacial
deposits at the higher elevations, according to the petitioner,
geologists view that area as a transitional glacial area. (The original
Lake Wisconsin viticultural area (T.D. ATF-352, 59 FR 537, January 5,
1994) describes the area as a transitional zone between the glaciated
topography to its east and the unglaciated, driftless topography to its
west.)
Distinguishing Features
The petitioner asserted that the distinguishing features of the
proposed Upper Mississippi River Valley viticultural area include its
geology, unglaciated topography, climate, soils, and hydrology. The
Wisconsin ice age affected the region and provided a basis for most of
the distinguishing features of the proposed viticultural area,
specifically topography, soils, and hydrology.
Geology
The petitioner explained that a significant event in the geologic
history of the proposed Upper Mississippi River Valley viticultural
area was the impact of the massive Wisconsin Glacier during the
Wisconsin ice age. The glacier, which had lobes in Minnesota and Iowa,
started melting 15,000 years ago and retreated northward toward Canada.
The resulting glacial water flows combined with the Glacial St. Croix
River and drained Glacial Lake Duluth, known now as Lake Superior. The
relatively sediment-free drainage of Glacial Lake Duluth helped carve
the Upper Mississippi River Valley channel to a depth of about 250
meters, or 820 feet. Eventually, alluvial deposits started
[[Page 29398]]
refilling the river channel, beginning a process that has continued
into modern times.
According to the petitioner, the development of the Upper
Mississippi River impacted the regional topography and landforms. The
tributary valleys include terraces, older flood plain deposits, and
entrenched and hanging meanders (streams). These features show the
complexity of the alluvial history and river development associated
with glacial melting and drainage diversions.
The petitioner stated that surface materials, especially along the
Paleozoic Plateau, date to 100,000 years in age. The younger materials
that are outside the proposed boundary and that are largely the result
of glacial erosion and glacial till date to 10,000 years in age, or
90,000 years younger than the surface materials on the Paleozoic
Plateau.
The petitioner explained that streams in the proposed Upper
Mississippi River Valley viticultural area cut deep dissections through
the inclined landforms and exposed Paleozoic rock. The exposed rock,
which varies in age from 350 to 600 million years old, is predominantly
dolomite, limestone, and sandstone.
Topography
The Driftless Area of the Upper Mississippi River Valley has a
unique topography and subsurface structure because a direct glacial
incursion did not occur in that area during the most recent Wisconsin
ice age, the petitioner explained. Consequently, the topography does
not have substantial amounts of materials deposited by glaciers. The
petitioner noted that the proposed boundary divides the rugged,
dissected, bedrock-controlled landscapes within the Upper Mississippi
River Valley from the gently rolling landscapes that have lower relief
and glaciated, erosional surfaces and that are outside the valley.
Bedrock control in the proposed area, the petitioner explained,
refers to the entrenched valleys and karst that constitute an
integrated drainage network. The karst topography of the proposed
viticultural area includes underground caves, sinkholes, springs, and
subsurface caverns. According to the petitioner, rivers and underground
water flows are general features throughout the proposed Upper
Mississippi River Valley viticultural area, which has none of the
natural lakes that direct glacial movement normally creates. Outside
the boundary of the proposed Upper Mississippi River Valley
viticultural area, the petitioner continued, the topography consists of
unconsolidated, heavily dissected soil material along substantial
deposits of glacial materials on smooth, rolling hills.
The elevations of the Upper Mississippi River Valley viticultural
area, the petitioner stated, range from 660 feet on valley floors to
1,310 feet on high ridges. Outside the boundary of the proposed
viticultural area, elevations average 250 feet higher to the northwest
and 165 feet lower to the southeast.
The petitioner explained that north of the boundary of the proposed
Upper Mississippi River Valley viticultural area loess covers the
level-to-rolling till plains. Elevations change little on the plains.
East of the boundary of the proposed Upper Mississippi River Valley
viticultural area, the landscape is dominated by a glaciated plain that
has belts of morainic hills, ridges, and washout terraces. (TTB notes
that morainic hills are accumulations of soil and stones that glacial
activity has left.) Also, elevations generally vary several feet,
except for the 80- to 330-foot-high moraines, drumlins, and bedrock
escarpments.
South of the boundary of the proposed Upper Mississippi River
Valley viticultural area are rolling, hilly, loess-covered plains and
some broad, level uplands in the southwest region. Elevations there
also generally vary by only several feet, except on the upland flats,
where elevation changes up to 200 feet.
West of the boundary of the proposed Upper Mississippi River Valley
viticultural area the landscape is a nearly level to gently sloping
till plain. Elevations generally vary by several feet.
Soils
The soils common to the proposed Upper Mississippi River Valley
viticultural area, the petitioner stated, are stony or rocky soils on
steep slopes. The petitioner provided comparative soil data for the
proposed viticultural area and the surrounding regions. The data, which
show differences and similarities of the soils, are listed in the table
below.
Differences and Similarities of the Soils Within and Outside of the Upper Mississippi River Valley
----------------------------------------------------------------------------------------------------------------
Temperature and Mineralogy, soil depth,
Location * Dominant soil orders moisture regimes drainage, and texture
----------------------------------------------------------------------------------------------------------------
Within............................. Alfisols, Entisols, Mesic, Udic........... Mixed mineralogy,
and Mollisols. moderately deep to very
deep; well drained or
moderately well drained;
loamy with little clay.
North Outside...................... Entisols, Alfisols, Frigid, Udic.......... Mixed mineralogy;
Histosols, Spodosols, >moderately deep to very
and Inceptisols. deep; well drained to
poorly drained; sandy to
loamy.
East Outside....................... Alfisols, Histosols, Mesic, Udic........... Mixed mineralogy; very
and Mollisols. deep; well drained to
poorly drained; silty,
loamy, or clayey.
South Outside...................... Mollisols, Alfisols, Mesic, Udic........... Mixed mineralogy; very
Entisols, and deep; well drained to
Inceptisols. poorly drained; loamy.
West Outside....................... Mollisols and Alfisols Mesic, Udic........... Mixed mineralogy; very
deep; well drained to very
poorly drained; loamy.
----------------------------------------------------------------------------------------------------------------
* In relation to the proposed Upper Mississippi River Valley viticultural area.
The petitioner explained that within the boundary of the proposed
Upper Mississippi River Valley viticultural area, Argiudolls (Tama,
Dodgeville, Richwood, and Dakota series) and Hapludolls (Muscatine
series) are on nearly level to gently sloping benches and broad ridge
tops. Hapludolls (Frontenac, Broadale, and Bellechester series) are on
steep slopes bordering major valleys. Well drained Udifluvents
(Dorchester, Chaseburg, and Arenzville series) are along stream
bottoms. Quartzipsamments (Boone series) are on steep slopes. Also,
Udipsamments (Plainfield and Gotham series) are on nearly level stream
benches.
Overall, the soils on steep hills and ridges and those formed in
comparatively thinner glacial till within the proposed viticultural
area have good
[[Page 29399]]
natural drainage for grapes. Although they have much clay, generally
they have access to water and in numerous areas are on south-facing
slopes, creating microclimates beneficial to grapes. The soils outside
the proposed boundary generally formed in deeply dissected, thicker
glacial drift and alluvium over unconsolidated materials on smooth,
gently rolling landscapes. After precipitation they require tile
drainage because of glacial pools and the generally lower relief.
Climate
The petitioner stated that steep slopes, bluffs, numerous rock
outcrops, waterfalls and rapids, sinkholes, springs, and entrenched
stream valleys combine to create multiple microclimates within the
proposed Upper Mississippi River Valley viticultural area. Also, the
combination of microclimates and diverse settings supports varied flora
and fauna communities not found outside the boundary of the proposed
viticultural area.
The petitioner provided temperature and precipitation data for the
proposed Upper Mississippi River Valley viticultural area and its
surrounding regions. Those climatic differences are presented in the
table below.
Temperature and Precipitation for Within and Outside of the Upper Mississippi River Valley
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual average
temperature range Annual average Annual average Amount of annual average precipitation
Location * (degrees frost-free period precipitation received during the growing season
fahrenheit) (days) (inches)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Within.......................................... 42-50 145-205 30-38 \2/3\ or more.
North Outside................................... 40-46 135-180 27-33 Most.
East Outside.................................... 43-48 150-190 30-38 Most.
South Outside................................... 46-51 170-205 33-38 Most.
West Outside.................................... 44-50 160-195 29-37 More than \2/3\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* In relation to the proposed Upper Mississippi River Valley viticultural area.
According to petition data, the proposed Upper Mississippi River
Valley viticultural area has, on average, a warmer annual temperature
range than that of the surrounding locations to the north and east. In
the areas to the south and west, the annual average temperature range
is several degrees higher than that in the proposed viticultural area.
The annual average frost-free period within the proposed Upper
Mississippi River Valley viticultural area is longer than that in the
area to the north and shorter than that in the area to the south,
according to petition data. The range of the annual frost-free period
in the proposed viticultural area is greater than in the neighboring
areas to the east and west.
The petition data show the precipitation range of the proposed
Upper Mississippi River Valley viticultural area as compared to that in
the surrounding areas. The annual average precipitation range is higher
in the proposed Upper Mississippi River Valley viticultural area than
in the area to its north. The areas to the south, west, and east
receive approximately the same annual average precipitation, in the
same pattern, as the proposed viticultural area. The precipitation
during the growing season is greater in the areas to the north, south,
and east than in the proposed viticultural area, and approximately the
same in the area to the west of the proposed viticultural area.
Hydrology
The petitioner provided hydrological data that show the growing
conditions, including the relationship between the soils and the
hydrological characteristics of the proposed Upper Mississippi River
Valley viticultural area and its surrounding regions. The hydrological
data are presented in the table below.
Hydrological Data and Drainage Needed for Crop Production Within and Outside the Upper Mississippi River Valley
----------------------------------------------------------------------------------------------------------------
Soils and crop
Location* Ground water Other resources production
----------------------------------------------------------------------------------------------------------------
Within............................... Abundant in valleys and Use of springs, Minimal need for a tile
variable on uplands. streams, and farm drainage system in
ponds, and extensive soils.
use of bedrock
aquifers.
Outside North........................ Abundant in deep Lakes and streams...... Artificial drainage
glacial drift required for soils on
deposits, but scarce lowlands.
in thin ones.
Outside East......................... Abundant in areas Inland lakes, streams, Artificial drainage
underlain by drift. and sandstone and required for fine-
limestone bedrock textured soils with
formations below the poor drainage.
glacial drift.
Outside South........................ Abundant in areas of Perennial streams and Favorable precipitation
glacial drift. the Mississippi River. pattern; drainage not
required.
Outside West......................... Adequate............... Extensive use of Artificial drainage
bedrock aquifers. required for the
seasonal high water
table.
----------------------------------------------------------------------------------------------------------------
* In relation to the proposed Upper Mississippi River Valley viticultural area.
In most years the moderate precipitation of the proposed Upper
Mississippi River Valley viticultural area, the petitioner explained,
is usually adequate for both the human population and agriculture.
Ground water, the petitioner stated, remains abundant in outwash
deposits of valleys, but on uplands it varies in quantity. Bedrock
aquifers also provide extensive ground water resources within the
proposed
[[Page 29400]]
viticultural area and in the area to its west.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 88 regarding the proposed Upper
Mississippi River Valley viticultural area in the Federal Register (73
FR 46842) on August 12, 2008. In that notice, TTB invited comments by
October 14, 2008, from all interested persons. We specifically
solicited comments on the sufficiency and accuracy of the name,
climatic, boundary, and other required information submitted in support
of the petition, as well as if the name and distinguishing geographical
feature evidence is sufficient to warrant this new viticultural area
that entirely encompasses the existing Lake Wisconsin viticultural
area. We received one comment in response to Notice No. 88, and that
comment supported the establishment of the Upper Mississippi River
Valley viticultural area.
TTB Finding
After careful review of the petition and the comment received, TTB
finds that the evidence submitted supports the establishment of the
proposed viticultural area. Therefore, under the authority of the
Federal Alcohol Administration Act and part 4 of our regulations, we
establish the 29,914-square mile ``Upper Mississippi River Valley''
viticultural area in portions of southeast Minnesota, southwest
Wisconsin, northwest Illinois, and northeast Iowa, effective 30 days
from the publication date of this document.
As stated above, the proposed Upper Mississippi River Valley AVA
contains multiple microclimates, and none of the natural lakes that
direct glacial movement normally creates. The Lake Wisconsin
viticultural area, established in 1994, contains some geographical
features similar to those of the proposed AVA, such as annual average
frost-free period, elevation, and a mean precipitation of 29 inches,
just 1 inch less than that of the proposed Upper Mississippi River
Valley AVA. At the same time, the Lake Wisconsin AVA is recognized as
benefitting from the microclimate effects of the lower Wisconsin River
Valley. The river moderates winter temperatures and air circulation
within the river valley and helps prevent cold air accumulation and
frost pockets from forming in the vineyards. In the summer, the river
valley and limestone bluffs along the river's edge serve to channel air
currents and increase air circulation, thus protecting the vineyards
from mildew and rot in hot, humid weather. Additionally, the Lake
Wisconsin AVA is recognized as a transitional zone from unglaciated to
glaciated topography, and the soils within the Lake Wisconsin AVA
contain some glacial till. Accordingly, although the Lake Wisconsin
viticultural area shares some of the characteristics of the proposed
AVA, TTB believes that the differences justify the continued
recognition of Lake Wisconsin as a distinct viticultural area within
the proposed Upper Mississippi River Valley viticultural area.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this document.
Maps
The maps for determining the boundary of the viticultural area 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. With the establishment of this viticultural area and
its inclusion in part 9 of the TTB regulations, its name, ``Upper
Mississippi River Valley,'' is recognized under 27 CFR 4.39(i)(3) as a
name of viticultural significance. The text of the new regulation
clarifies this point.
Once this final rule becomes effective, wine bottlers using ``Upper
Mississippi River Valley'' 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 full
name 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. Accordingly, if a previously approved label
uses the name ``Upper Mississippi River Valley'' for a wine that does
not meet the 85 percent standard, the previously approved label will be
subject to revocation, upon the effective date of the establishment of
the ``Upper Mississippi River Valley'' viticultural area.
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.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is 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 rule is not a significant regulatory action as defined by
Executive Order 12866. Therefore, it requires no regulatory assessment.
Drafting Information
Karen Welch of the Regulations and Rulings Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend 27 CFR, chapter I,
part 9, 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. 9.216 to read as follows:
Sec. 9.216 Upper Mississippi River Valley.
(a) Name. The name of the viticultural area described in this
section is ``Upper Mississippi River Valley''. For purposes of part 4
of this chapter, ``Upper Mississippi River Valley'' is a term of
viticultural significance.
[[Page 29401]]
(b) Approved maps. The six United States Geological Survey
topographic maps used to determine the boundary of the Upper
Mississippi River Valley viticultural area are titled:
(1) State of Minnesota, scale 1:500,000; compiled in 1963; edition
of 1985;
(2) State of Wisconsin, scale 1:500,000; compiled in 1966; edition
of 1984;
(3) State of Illinois, scale 1:500,000; compiled in 1970; edition
of 1987;
(4) State of Iowa, scale 1:500,000; compiled in 1965; edition of
1984;
(5) Anamosa, Iowa, 1:100,000 scale; edited 1984; and
(6) Marshalltown, Iowa, 1:100,000 scale; edited 1984.
(c) Boundary. The Upper Mississippi River Valley viticultural area
is located in portions of southeast Minnesota, southwest Wisconsin,
northwest Illinois, and northeast Iowa. The boundary of the Upper
Mississippi River Valley viticultural area is as described below:
(1) The beginning point is on the State of Minnesota map at the
intersection of Interstate Highways 94 and 494 (beltway), east of St.
Paul at Oakbury in Washington County. From the beginning point, proceed
east on Interstate 94, crossing over Lake St. Croix and onto the State
of Wisconsin map at St. Croix County, and then continuing through Dunn
County to Eau Claire County, to the intersection of Interstate Highway
94 with Wisconsin State Highway 85, southwest of the City of Eau
Claire; then
(2) Proceed northeast on Wisconsin State Highway 85 toward the City
of Eau Claire to U.S. Highway 12; then
(3) Proceed southeast on U.S. Highway 12 into Jackson County and
passing through Clark County, to Interstate Highway 94 at Black River
Falls; then
(4) Proceed southeast on Interstate Highway 94 into Monroe County
to Interstate Highway 90, east of the Fort McCoy Military Reservation;
then
(5) Proceed southeast on Interstate Highway 90 through Juneau,
Sauk, Columbia, Dane, and Rock Counties, crossing onto the State of
Illinois map at Winnebago County to U.S. Highway 20 at Cherry Valley;
then
(6) Proceed west on U.S. Highway 20 to Illinois State Highway 2,
west of the Rock River; then
(7) Proceed southwest on Illinois State Highway 2, passing through
Ogle County and into Lee County, to Illinois State Highway 26 at Dixon;
then
(8) Proceed south on Illinois State Highway 26 to Illinois State
Highway 5 (which has been redesignated as Interstate Highway 88 on
contemporary maps of Illinois); then
(9) Proceed southwest on Illinois State Highway 5 (Interstate
Highway 88), passing through Whiteside County and into Rock Island
County, to Interstate Highway 80 at Barstow; then
(10) Proceed generally northwest on Interstate Highway 80, crossing
the Mississippi River, onto the State of Iowa map at Scott County, and
continuing west-northwest through Cedar County and into Johnson County
to the intersection of Interstate Highways 80 and 380 at Tiffin; then
(11) Proceed north-northwest on Interstate Highway 380 into Linn
County and Cedar Rapids on the State of Iowa map. Then using the
Anamosa map, followed by the Marshalltown map, follow Interstate
Highway 380, labeled ``Under Construction'' on the Anamosa map,
northwest through Benton and Buchanan Counties to Black Hawk County, to
U.S. Highway 20, southeast of Waterloo and Raymond; then
(12) Using the State of Iowa map, proceed west-northwest on U.S.
Highway 20 to Waterloo and U.S. Highway 63; then
(13) Proceed north on U.S. Highway 63 through Bremer, Chicksaw, and
Howard Counties, skirting the Upper Iowa River at Chester, and crossing
onto the State of Minnesota map at Fillmore County, to Minnesota State
Highway 56; then
(14) Proceed northwest and northerly on Minnesota State Highway 56
through Mower, Dodge, and Goodhue Counties to Dakota County, where it
joins with State Highway 52 on commercial maps, to Interstate Highway
494 (beltway), south of St. Paul; then
(15) Follow Interstate Highway 494 (beltway) northeast into
Washington County, returning to the beginning point.
Signed: April 6, 2009.
John J. Manfreda,
Administrator.
Approved: May 3, 2009.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. E9-14574 Filed 6-19-09; 8:45 am]
BILLING CODE 4810-31-P