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crossing Christensen Creek in section section 1, T3S/R2W, Sherwood map; Brook, section 57, T3S/R2W, Newberg 35, T1S/R3W, and continuing to the then map; then contour line’s intersection with Laurel (30) Proceed southwesterly 0.5 mile (42) Proceed northeasterly 0.05 mile Road West, along the southern boundary on Middleton Road, which becomes along the unnamed tributary of Spring line of section 1, T2S/R3W, Laurelwood Rein Road, to the road’s intersection Brook to its intersection with the 250- map; then with the 200-foot contour line, foot contour line, southwest of the (22) Proceed east 0.15 mile on Laurel immediately south of Cedar Creek, quarries, section 57, T3S/R2W, Newberg Road West to its intersection with the section 1, T3S/R2W, Sherwood map; map; then 200-foot contour line, along the then (43) Proceed northerly 2.2 miles along southern boundary line of section 1, (31) Proceed 1.6 miles generally east the 250-foot contour line to its T2S/R3W, Laurelwood map; then along the 200-foot contour line to its intersection with Corral Creek Road (23) Proceed easterly 17.5 miles along intersection, in the village of Middleton, (misnamed Ladd Hill Road on the the meandering 200-foot contour line, with an unnamed light-duty east-west Newberg map), south of Oregon and, after crossing onto the Scholls map road locally known as Brookman Road, Highway 99W, section 15, T3S/R2W, and crossing over Laurel Road South, section 6, T3S/R1W, Sherwood map; Newberg map; then McCormick Hill Road four times, and then (44) Proceed north 0.5 mile along Midway Road, and after crossing over (32) Proceed easterly 0.7 mile on Corral Creek Road to its western-most and back on the Newberg map (crossing Brookman Road to its intersection with intersection with an unnamed light-duty road locally known as Veritas Lane, Heaton Creek) in section 28, T2S/R2W, the Washington-Clackamas County line, section 15, T3S/R2W, Newberg map; continue to the contour line’s at the northwest corner of section 5, T3S/R1W, Sherwood map; then then intersection with Mountain Home Road, (45) Proceed north-northwesterly in a east of Heaton Creek, section 21, T2S/ (33) Proceed east 1 mile along the Washington-Clackamas County line to straight line approximately 0.05 mile R2W, Scholls map; then and return to the beginning point. (24) Continue easterly and then its intersection with Brown Road, at the southerly 8.9 miles along the 200-foot northeast corner of section 5, T3S/R1W, Signed: September 8, 2006. contour line and, after crossing Baker Sherwood map; then John J. Manfreda, Creek, skirting Laurel Ridge to the (34) Proceed southerly 1 mile on Administrator. north, crossing onto the Beaverton map, Brown Road to its second intersection Approved: October 27, 2006. with the 250-foot contour line, crossing over and back on the Sherwood Timothy E. Skud, map, crossing over in the northwest immediately south of an intermittent stream, in section 4, T3S/R1W, Deputy Assistant Secretary (Tax, Trade, and corner of the Beaverton map, and Tariff Policy). returning to the Scholls map, continue Sherwood map; then (35) Proceed southerly 2.8 miles along [FR Doc. E6–20018 Filed 11–24–06; 8:45 am] to the contour line’s intersection with the meandering 250-foot contour line, BILLING CODE 4810–31–P the middle tributary of an unnamed skirting Hoodview, to the contour line’s creek, along the western boundary line intersection with Baker Road, section of section 24, T2S/R2W, Scholls map; DEPARTMENT OF THE TREASURY 16, T3S/R1W, Sherwood map; then then (36) Proceed south 0.15 mile on Baker (25) Proceed southeast along the Alcohol and Tobacco Tax and Trade Road to its intersection with the 200- Bureau meandering 200-foot contour line and, foot contour line, section 16, T3S/R1W, after crossing over to the northeast Sherwood map; then 27 CFR Part 9 corner of the Newberg map to the (37) Proceed southwesterly 13.1 miles Sherwood map, continue to the contour along the meandering 200-foot contour [T.D. TTB–57; Re: Notice No. 39] line’s intersection with Edy Road, line and, after crossing onto the RIN 1513–AA70 section 25, T2S/R2W, Sherwood map; Newberg map, continue to the contour then line’s intersection with Wilsonville Establishment of the Shawnee Hills (26) Proceed southwest along the Road, north of Willamette Greenway Viticultural Area (2002R–345P) meandering 200-foot contour line and, State Park, section 60, T3S/R2W, AGENCY: after crossing onto the Newberg map, Newberg map; then Alcohol and Tobacco Tax and skirting part of Chicken Creek, and (38) Proceed northwesterly 2 miles on Trade Bureau, Treasury. returning to the Sherwood map, Wilsonville Road to its intersection with ACTION: Final rule; Treasury decision. continue to the contour line’s an unnamed tributary of Spring Brook, intersection with Elwert Road, along the SUMMARY: This Treasury decision east-northeast of Grouse Butte, section establishes the Shawnee Hills eastern boundary line of section 25, 57, T3S/R2W, Newberg map; then T2S/R2W, Sherwood map; then viticultural area in the Shawnee (39) Proceed southwesterly 0.25 mile National Forest region of southern (27) Proceed south 0.85 mile on along the unnamed tributary of Spring Elwert Road to its intersection with Illinois. We designate viticultural areas Brook to its intersection with the 200- to allow vintners to better describe the Oregon Highway 99W, along the eastern foot contour line, section 57, T3S/R2W, boundary line of section 36, T2S/R2W, origin of their wines and to allow Newberg map; then consumers to better identify wines they Sherwood map; then (40) Proceed westerly and then may purchase. (28) Proceed south-southwest 0.45 northerly 0.45 mile along the 200-foot mile on Oregon Highway 99W to its contour line, following the base of DATES: Effective Date: December 27, intersection with the 250-foot contour Grouse Butte, to the contour line’s 2006. line immediately south of an unnamed intersection with Wilsonville Road, FOR FURTHER INFORMATION CONTACT: Rita Cedar Creek tributary, section 36, T2S/ section 57, T3S/R2W, Newberg map; Butler, Regulations and Rulings R2W, Sherwood map; then then Division, Alcohol and Tobacco Tax and (29) Proceed southerly 1 mile along (41) Proceed east 0.45 mile on Trade Bureau, 1310 G Street, NW., the meandering 250-foot contour line to Wilsonville Road to its intersection with Washington, DC 20220; telephone 202– its intersection with Middleton Road, the same unnamed tributary of Spring 927–8210.

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SUPPLEMENTARY INFORMATION: elevation, and physical features, that Illinois [and] the 204,000 acre Shawnee distinguish the proposed viticultural National Forest. (pg. 11.) Background on Viticultural Areas area from surrounding areas; The Illinois State Geological Survey TTB Authority • A description of the specific map ‘‘Landforms of Illinois’’ (1980) boundary of the proposed viticultural Section 105(e) of the Federal Alcohol labels the hills within the proposed area, based on features found on United Administration Act (the FAA Act, 27 viticultural area as the Shawnee Hills. States Geological Survey (USGS) maps; U.S.C. 201 et seq.) requires that alcohol In addition, an Illinois Department of and Natural Resources brochure titled beverage labels provide consumers with • A copy of the appropriate USGS adequate information regarding a ‘‘Illinois’ Natural Divisions and map(s) with the proposed viticultural Biodiversity’’ (April 2002) describes the product’s identity and prohibits the use area’s boundary prominently marked. of misleading information on those State’s 14 unique natural regions. These labels. The FAA Act also authorizes the Rulemaking Proceedings regions are based upon such natural features as topology, geology, soils, and Secretary of the Treasury to issue Shawnee Hills Petition regulations to carry out its provisions. climate, as well as their unique flora The Alcohol and Tobacco Tax and TTB received a petition from Dr. and fauna. According to the brochure, Trade Bureau (TTB) administers these Theodore F. Wichmann, president of the Shawnee Hills natural region regulations. Owl Creek Vineyard, Inc., and Dr. Imed consists of two sections, the Greater and Part 4 of the TTB regulations (27 CFR Dami, Illinois State Viticulturist, the Lesser Shawnee Hills. ‘‘Shawnee’’ also appears in many part 4) allows the establishment of proposing the establishment of the other political and geographic names definitive viticultural areas and the use ‘‘Shawnee Hills’’ American viticultural within the proposed viticultural area, of their names as appellations of origin area in southern Illinois. The proposed Shawnee Hills viticultural area lies including Shawneetown, Shawneetown on wine labels and in wine Ridge, and the Shawnee National Forest, advertisements. Part 9 of the TTB within portions of Alexander, Gallatin, Hardin, Jackson, Johnson, Pope, Pulaski, which lies largely within the proposed regulations (27 CFR part 9) contains the area. Furthermore, five wineries within list of approved viticultural areas. Randolph, Saline, Union, and William counties. The Shawnee National Forest the proposed viticultural area formed Definition is located largely within the proposed the ‘‘Shawnee Hills Wine Trail’’ in 1996, which is described in a brochure Section 4.25(e)(1)(i) of the TTB area. The proposed viticultural area of the same name. According to the regulations (27 CFR 4.25(e)(1)(i)) defines covers about 2,140 square miles or 1.37 petition, the names ‘‘Shawnee Hills’’ a viticultural area for American wine as million acres between the Ohio and and ‘‘Shawnee Hills Wine Trail’’ have a delimited grape-growing region Mississippi Rivers, and is approximately 80 miles long east to been used numerous times in other distinguishable by geographical national, State, and local publications. features, the boundaries of which have west and 20 miles wide north to south. been recognized and defined in part 9 The proposed Shawnee Hills Boundary Evidence of the regulations. These designations viticultural area encompasses a region People have raised grapes in southern allow vintners and consumers to of unglaciated hills and ridges that are Illinois and the Shawnee Hills since attribute a given quality, reputation, or from 400 to 800 feet higher in elevation 1860, according ‘‘Grape Culture’’ by other characteristic of a wine made from than the flatter, glaciated land to the W.E. Gould (1891) as cited in the grapes grown in an area to its north and the river flood plains to the petition. The region contained 1,250 geographic origin. The establishment of south. acres of vineyards in 1890, and vintners viticultural areas allows vintners to Below, we discuss the evidence produced 19,750 gallons of wine in describe more accurately the origin of presented in the Shawnee Hills 1891, the petition adds, citing ‘‘Grape their wines to consumers and helps viticultural area petition. and Wine Production in Illinois from consumers to identify wines they may Name Evidence 1983 to Present,’’ by R.M. Skirvin, et al., purchase. Establishment of a viticultural in ‘‘Illinois Grape Growers and Vintners area is neither an approval nor an The Shawnee Indian Nation, led by Chief Tecumseh and his brother, The Association Conference Proceedings’’ endorsement by TTB of the wine (2000). Currently, there are eight Prophet, occupied the southern Illinois produced in that area. wineries and 51 vineyards with hill country in the early 1800s in an approximately 160 acres planted to Requirements attempt to stem the flow of white wine varietals within the proposed settlers from the east. As a result, the Section 4.25(e)(2) of the TTB Shawnee Hills viticultural area, the petition states, the Shawnee name regulations outlines the procedure for petition states, citing ‘‘1999 Grape became attached to the hills, and proposing an American viticultural area Growers and Vintner’s Survey,’’ in academic and State government and provides that any interested party ‘‘Illinois Grape Growers and Vintners publications document the continued may petition TTB to establish a grape- Association Conference Proceedings’’ use of the name. For example, the book growing region as a viticultural area. (2000). Section 9.3(b) of the TTB regulations ‘‘Land Between the Rivers’’ (C.W. Academic and Illinois State requires the petition to include— Horrell, et al., 1973), as cited in the government publications describe the • Evidence that the proposed petition, describes the region as follows: boundaries of the Shawnee Hills viticultural area is locally and/or South of the Mount Vernon hill country landform, and the petition included nationally known by the name specified you come next to the Shawnee Hills [which copies of these publications. As in the petition; mark] the southernmost limit of the described by Horrell, et al., the Shawnee • Historical or current evidence that prehistoric ice sheets. The Shawnee Hills Hills is a region of unglaciated hills and culminate in Shawneetown Ridge, a heavily supports setting the boundary of the timbered wilderness of bluffs and knobs ridges that extends across southern proposed viticultural area as the reaching up to an elevation of over a Illinois, about 80 miles long, from the petition specifies; thousand feet, with rocky cliffs towering Ohio River in the east to the Mississippi • Evidence relating to the geographic hundreds of feet above the valley floor. The River in the west, and approximately 20 features, such as climate, soils, Shawnee Hills are the heart of Southern miles wide from north to south. The

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region’s elevation is its most Hills viticultural area are on ridge tops Chesterian, Grove Church shale up to 65 distinguishing feature, averaging and bench lands ranging between 600 feet thick, and Kinkaid Limestone, roughly 400 to 800 feet higher in and 900 feet in elevation. As such, the which is 110 to 180 feet thick. The elevation than the glaciated land commercial vineyards in the Shawnee bluffs above the Mississippi River immediately to the north and the Hills area have experienced little or no consist primarily of Lower Devonian Mississippi and Ohio River flood plains spring frost or winter freeze injury. An Clear Creek chert and Backbone immediately to the south. additional benefit of the Shawnee Hills limestone. According to the petition, and the topography, the petition notes, is the This underlying mixture of sandstone, State of Illinois publications and maps enhanced air circulation caused by chert, and limestone gives the Shawnee submitted with it, the eastern boundary constant summer breezes, allowing Hills a Karst-like topography, of the Shawnee Hills landform is the faster drying of vineyard leaves and fruit honeycombed with sinkholes and bluff line along the Ohio River, while clusters following rain, thus minimizing limestone caves feeding many surface the landform’s western boundary is the the risk of fungal infections in an springs, the petition states. One of the high bluff line above the Mississippi otherwise humid, wet climate. few such areas in Illinois, the petition bottomland. The ‘‘Illinois’ Natural In contrast, the Mt. Vernon Hill notes that this combination of steep Divisions and Biodiversity’’ brochure County region immediately to the north slopes, rock fissures, sink holes, and notes that the Mt. Vernon Hill Country of the Shawnee Hills was glaciated, and, caves provides the proposed viticultural section of the Southern Till Plain as a result, is 400 to 500 feet lower in area with superior surface and ground division lies north of the Shawnee Hills. elevation than the Shawnee Hills, water drainage in a region that often has As the petition and the accompanying according to the petition, which adds excessive rainfall (38 to 46 inches publications note, the dividing line that the Mt. Vernon region is relatively annually). between the Shawnee Hills region and flatter with no high ridges, cliffs, or In contrast, the petition notes, the Mt. the Mt. Vernon Hill Country marks the gorges. Horrell, et al., describe the Vernon Hill Country to the north of the southernmost advance of Ice Age topography of the Mt. Vernon Hill Shawnee Hills was totally glaciated, glaciers. The area immediately to the Country as ‘‘rolling farmland.’’ resulting in lower elevations, flatter south of the Shawnee Hills consists of The Cairo Delta area to the south of topography, and a different geology. The the lowlands and flood plains found the Shawnee Hills is lower still, southern portion of the Mt. Vernon Hill along the Ohio and Mississippi Rivers. averaging about 300 to 400 feet in Country consists primarily of This region, according to the petition, is elevation, with an extremely flat Pennsylvanian, Spoon Formation, commonly called the ‘‘Cairo Delta.’’ topography that is often totally flooded Curlew limestone layered with DeKoren Differences between the natural by the Mississippi, Ohio, Wabash, and and Davis coal, as well as Carbondale boundaries of the Shawnee Hills region Cache Rivers, which all converge there. Formation, Piasa limestone with and the boundaries of the proposed This delta region comprises all of the number 2, 5, and 6 coals. The northern Shawnee Hills viticultural area are land in Illinois south of the Shawnee part of the Mt. Vernon Hill Country area minor and largely a matter of Hills. Horrell, et al. (1973), describe this consists primarily of Modesto convenience. For example, a road near area as follows: Formation Shoal Creek limestone 200 to 500 feet thick with number 7 and 8 coal the base of the Mississippi River bluff Beyond Shawneetown Ridge the land rather than a complex meandering throughout, as well as Bond Formation, drops away in gentle foothills to the low- Millersville limestone 100 to 350 thick. elevation line is used to mark a portion lying swamps and lakes along the Cache Horrell, et al. (1973), describe this area of the proposed area’s western River—the ancient bed of the Ohio River. as ‘‘a great crescent stretching southeast boundary. The proposed Shawnee Hills Beyond Cache valley you come to the flood from Randolph and Perry counties to viticultural area boundary also follows, plain of the Ohio River itself. Two similar Gallatin county, where coal beds come in places, the boundary of the Shawnee flood plains border Southern Illinois on the east and west, forming the banks of the so close to the surface that they have National Forest, which covers much of Wabash and Mississippi rivers. made this the most heavily mined the Shawnee Hills region. Geology region in the state.’’ Distinguishing Features Also in contrast, the petition notes The petitioners also note that the Elevation that the Cairo Delta area south of the geological characteristics of the Shawnee Hills was flattened by water As noted by the petitioners and by Shawnee Hills are a distinguishing from both glacial melt and the Horrell, et al., in ‘‘Land Between the feature. The ‘‘Illinois Geological tremendous flow and flooding of the Rivers,’’ elevation is the most obvious Survey,’’ compiled by H.B. William, et two largest rivers in the country—the feature distinguishing the Shawnee al. (1967), as cited in the petition, notes Mississippi and the Ohio, which eroded Hills from surrounding areas. As shown that the backbone of the Shawnee Hills and replaced rock with clay, sand, and on the ‘‘Paducah; Kentucky: Illinois- is the Shawneetown Ridge, a high ridge gravel. According to the ‘‘Illinois State Missouri-Indiana’’ USGS map (1987) of Pennsylvanian, Caseyville Formation Geological Survey,’’ the northern part of submitted with the petition, the Battery Rock sandstone up to 600 feet the delta area consists of Cretaceous, Shawnee Hills range from 400 to 800 thick, which runs east to west from the Gulfian McNary sand, and Tuscaloesa feet higher in elevation than the Ohio River south of the village of gravel. The southern part of the delta glaciated land to the north and the river Shawneetown to the Mississippi River region consists of Paleocene and Eocene delta land to the south. Most of the near the town of Chester. This rock is Wilcox Formation, Porters Creek clay 75 highest elevations in Illinois, many very obvious in the ridge’s south-facing to 150 feet thick. above 1,000 feet, are in the Shawnee bluffs, as well as along the north-south Hills. roads cut through it. The ridge’s Climate According to the petition, spectacular northern slope consists primarily of Another distinguishing factor of the hills and ridges and a unique Pennsylvanian, Abbott Formation, proposed Shawnee Hills viticultural mesoclimate characterize the proposed Grindstaff sandstone up to 350 feet area, according to the petitioners, is its Shawnee Hills viticultural area. Nearly thick. The southern slope consists climate. While the Shawnee Hills area all vineyards in the proposed Shawnee primarily of Mississippian Upper generally has a continental climate, as

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does all of the Midwestern United buds and damage wood on many grape Shawnee Hills, Mt. Vernon, and Cairo States, the hills climatically separate the varieties, according to the petition. temperature data. The table shows that upper Midwest from the South. The As evidence of this unique climate, the Shawnee Hills could be classified as petition states that the Shawnee Hills the petition included data from the a mid-Region IV climate in the Winkler region is warmer than the adjacent areas Midwestern Climate Center (http:// heat summation climate classification to the north but cooler than the adjacent mcc.sws.uiuc.edu/summary) for Mt. system, with 3,770 growing degree-days. areas to the south, which are often too Vernon, Anna, and Cairo, Illinois. Anna (During the growing season, one degree hot in the summer to grow quality is located within the proposed Shawnee day accumulates for each degree Hills viticultural area; Mt. Vernon, grapes. This climate provides a longer Fahrenheit that a day’s median which is within the Mt. Vernon Hill growing season for ripening late temperature is above 50 degrees, which Country region, is approximately 50 varieties of grapes, higher degree-days miles north of Anna; while Cairo, which is the minimum temperature required for optimum ripeness, and fewer winter is within the Cairo Delta region, is for grapevine growth. See ‘‘General occurrences of below-zero degree approximately 35 miles south of Anna. Viticulture,’’ by Albert J. Winkler, Fahrenheit temperatures, which can kill The table shown below, which the University of California Press, 1974.) petitioners provided, compares

HEAT SUMMATION AS DEGREE-DAYS ABOVE 50 DEGREES FAHRENHEIT FOR THE PERIOD APRIL 15 TO OCTOBER 15

Degree days over 50° F Climate Winkler climate station Apr 15– region Apr 15–30 May Jun Jul Aug Sept Oct 1–15 Oct 15

Mt. Vernon...... 108 447 706 835 774 550 123 3,543 Low Region IV Anna ...... 127 498 733 868 815 587 142 3,770 Mid Region IV Cairo ...... 159 586 823 950 872 643 168 4,201 Low Region V Source Midwest Climate Center Data: http://mcc.sws.uiuc.edu/summary/data.

For the proposed Shawnee Hills The table below, which the after May 2. Since bud break generally viticultural area, average temperatures petitioners also provided, describes the occurs during the second week of April, are highest from mid-June to mid- length of growing season for the three areas to the north of the Shawnee Hills August during early ripening; then the areas (Mt. Vernon, Anna, and Cairo). For often experience more bud and shoot temperatures taper off in September and the Shawnee Hills, the median last damage due to late frost. Also, since the October, which is the period of late spring frost occurs by April 10. In 10 first frost in the fall occurs one to three ripening and harvest. Typically, the area percent of the years, the last frost weeks later in the Shawnee Hills than experiences warm days and cool nights occurred after April 23. North of this in areas to the north, late varieties such from late August to October. area, the median last spring frost occurs as Chambourcin and Norton ripen more in mid-April, with 10 percent occurring fully before leaf drop.

GROWING SEASON SUMMARY, 1961–1990 BASE TEMPERATURE = 32 DEGREES FAHRENHEIT

Date of last spring frost occurrence Date of first fall frost occurrence Length of growing season Station Median 90% 10% Median 90% 10% Median 90% 10%

Mt. Vernon...... 4/12 3/27 5/02 10/16 10/03 10/29 184 207 150 Anna ...... 4/10 3/23 4/23 10/27 10/12 11/07 200 215 186 Cairo ...... 3/24 3/01 4/08 11/13 10/31 11/28 233 260 214 Source Midwest Climate Center Data: http://mcc.sws.uiuc.edu/summary/data.

Because the Midwestern United States table, as provided by the petitioners, days below 30 degrees Fahrenheit and is a continental climate, one of the shows that the Shawnee Hills area 3.5 days below 0 degrees Fahrenheit. limiting factors in growing quality wine averages 81 days below 30 degrees One or two days of extreme cold can grapes is dormant wood and bud Fahrenheit and 1.8 days below 0 degrees mean the difference between a full crop damage due to extreme cold Fahrenheit each year. The region and healthy wood, and a partial crop temperatures in the winter. The next immediately to the north averages 104 and damaged wood.

AVERAGE ANNUAL TEMPERATURE VARIATION [Averages: 1961–1990; Extremes: 1896–2000]

Average annual temperature Annual number of days of Station (degrees fahrenheit) minimum temperature Maximum Minimum Mean <32° F <0° F

Mt. Vernon ...... 65.0 42.9 54.0 104 3.5 Anna ...... 67.1 46.1 56.6 81 1.8

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AVERAGE ANNUAL TEMPERATURE VARIATION—Continued [Averages: 1961–1990; Extremes: 1896–2000]

Average annual temperature Annual number of days of Station (degrees fahrenheit) minimum temperature Maximum Minimum Mean <32° F <0° F

Cairo ...... 67.5 49.9 58.7 64 0.7 Source: Midwest Climate Center Data: http://mcc.sws.uiuc.edu/summary/data.

Rainfall Soil drainage in the Shawnee Hills the Southernmost Illinois Tourism The petitioners note that while area is moderate to excellent. In this Bureau, various wine industry members rainfall does not appear to be a area of Karst topography, the loess soils, with interests within the proposed area, distinguishing feature for the proposed which tend to erode easily, are very and several wine consumers. In Shawnee Hills viticultural area, the good for quality vines and grapes. addition, TTB received a detailed area’s drainage capacity does differ from However, the best vineyard sites within response to the opposing comments that of surrounding areas. Because of its the proposed Shawnee Hills viticultural from one of the original Shawnee Hills well-drained soils, steep topography, area are on flat ridge tops and bench petitioners, Dr. Theodore F. Wichmann, and limestone base, the Shawnee Hills lands with deep soils that are not highly president of Owl Creek Vineyard, Inc. can shed excess water more quickly and eroded. Opposing commenters included completely than adjacent areas. In the In contrast, the soil north of the industry members with interests in Shawnee Hills area, most precipitation Shawnee Hills in the Mt. Vernon Hill southern Illinois outside of the occurs in the spring months of March Country are class II, which are primarily proposed area, the president of the through May. The driest months are thick loess (30 to 70 inches) on Illinois Greater Shawnee Grape Growers generally September and October, drift. The main soils are Stoy, Weir, Association (GSGGA), and the mayors of which receive an average of only 2 to 3 Bluford, Wynoose, Colp, and Del Rey. Pulaski and Benton, Illinois. inches per month. Although the area These soils tend to be much deeper than Below, we discuss the issues raised by receives excessive rainfall on an annual those in the Shawnee Hills, as well as the opposing commenters. We discuss basis, the growing season and the more fertile but with poorer drainage. In some opposing comments individually, harvest months are more moderate in general, these soils are more suited to and where more than one opposing terms of rainfall. The drier harvest growing such crops as corn and comment covers the same issue, we months allow grapes to develop more soybeans, which are the primary crops address those comments as a group. intensity in flavor, color, sugar, and of the Mt. Vernon Hill Country, than to Where applicable, we also discuss Dr. acid. In most years, the petition states, growing apples, peaches, and grapes, Wichmann’s responses to the opposing the Shawnee Hills vineyards produce which are the primary crops in the comments. We do not discuss the 28 wine grapes that are very well balanced Shawnee Hills area. The soils south of supporting comments in detail. the Shawnee Hills in the Cairo Delta, relative to these quality parameters. Opposing Comments in Support of a according to the petition, are primarily Larger Viticultural Area Soils class XV, which are sandy to clay While noting that soils vary in the alluvial sediments on bottomlands. The All commenters opposed to the Shawnee Hills region, the petitioners soils include Lawson, Sawmill, Darwin, establishment of the proposed Shawnee provided a general description Haymond, Perrolia, and Karnak. These Hills viticultural area as outlined in contrasting the soils of the proposed soils tend to be poorly developed and Notice No. 39 express support for area with the soils of adjacent areas. As poorly drained. expanding the proposed viticultural noted on the ‘‘General Soil Map of area and naming it ‘‘Shawnee,’’ ‘‘Greater Illinois,’’ prepared by J.B. Fehrenbacher Notice of Proposed Rulemaking Shawnee,’’ or ‘‘Southern Illinois.’’ For (1982), the soils in the proposed On April 8, 2005, TTB published a example, an industry member Shawnee Hills viticultural area are, notice of proposed rulemaking regarding associated with the Shawnee Winery generally, class XIII and class XIV, the establishment of the Shawnee Hills comments that ‘‘the area should be which tend to be thin loess with or viticultural area in the Federal Register designated as all of Southern Illinois without residuum on limestone or (70 FR 17940) as Notice No. 39. south of Interstate 64 and from the interbedded sandstone, siltstone, and Comments on the proposed Mississippi River to the Wabash River.’’ shale. The main soils are Alford, establishment of the Shawnee Hills A few commenters support an even Hosmer, Wellston, and Zanesville. All viticultural area were due on or before larger viticultural area encompassing all of these soils are light colored, June 7, 2005. of Illinois south of Interstate 70. moderately developed, and moderately well drained. The western and southern Comments Received Economic Consequences, Development, parts of the area tend to have deeper We received 46 comments in response and Support soils, 12 to 20 feet thick, on limestone. to Notice No. 39. Of those, 28 comments Most opposing commenters The central and northern parts of the supported the petition and 18 comments supporting the designation of a larger area tend to have soil that is 20 to 48 opposed the petition, including one viticultural area in southern Illinois inches thick on sandstone, siltstone, and comment with 84 additional signatures note that more growers would reap the shale. The primary viticultural attached. economic benefits from inclusion advantage of the soils within the Supporting commenters included the within a larger viticultural area. One Shawnee Hills is that they are Governor of Illinois, two officers of the commenter states that a viticultural area moderately well drained and are of low Illinois Grape Growers and Vintners encompassing all of Illinois south of fertility. Association (IGGVA), a representative of Interstate 64 would double the number

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of growers able to benefit from inclusion by a few miles or, in some cases, ‘‘by a topographical hurdle for the large in a viticultural area. Another matter of a few hundred feet!’’ Others continental air masses that dominate the commenter believes that the number of contend the proposed viticultural area climate of the region.’’ This commenter benefiting growers could triple. Several boundary is arbitrary since it does not notes that the relative flatness and opposing commenters also add that, encompass most growers in southern location in the center of the continent with a larger viticultural area, wineries Illinois or does not include all of the gives southern Illinois ‘‘very uniform would have more grapes to choose from. historic grape growing areas within climatic characteristics.’’ Some opposing commenters also state southern Illinois. For example, the Other commenters also contend that that exclusion from the proposed mayor of Benton, Illinois, comments there is little difference in the climate of Shawnee Hills viticultural area would that ‘‘[t]here are just too many vineyards the proposed Shawnee Hills viticultural have negative economic consequences scattered through [southern Illinois] to area when compared with the climate of for their operations and those of other pretend to draw an artificial line * * * the surrounding region of southern excluded southern Illinois growers. For along the bottom of ditches, unnamed Illinois, particularly as measured in example, the owner of the Flint Hill dirt roads, and through the center of average temperatures, last and first frost Vineyard near Muddy, Illinois, states communities like Carbondale and dates, heat accumulation as measured in that exclusion from the proposed area Marion.’’ degree days,1 or in average rainfall. One would ‘‘negatively affect the price of my While most opposing commenters grower notes, ‘‘Every year, the trees bud grapes,’’ and that as a result he could be expressed their support for a larger and turn at the same time, the farmers displaced by novice growers. A viticultural area in general terms, plant and harvest at the same time, Carbondale-area grower also notes that several other industry members sought [and] the rivers are all high or low at the exclusion from the proposed Shawnee the addition of specific vineyard same time.’’ Hills viticultural area ‘‘would put my properties to the viticultural area as A few opposing commenters also grapes in a competitive disadvantage proposed. For example, the owner of the questioned the soil differences outlined and impose economic hardship on my Flint Hill Vineyard notes that while by the original petitioners. One existing enterprise.’’ members of his family have grown commenter notes that soils in southern In addition, several opposing grapes on the same ridge since the Illinois ‘‘are mostly all acidic, heavy commenters state that the creation of a 1920s, that ridge was excluded from the soils, with organic content in the 1 to smaller, rather than a larger, viticultural proposed viticultural area by a few 2% range or less, and although they may area in southern Illinois would miles. The president of the GSGGA exhibit differences in texture, this negatively affect economic development states that his vineyard is outside of the texture can change within a single efforts in the region. A commenter proposed Shawnee Hills viticultural vineyard.’’ This commenter adds ‘‘these associated with the Office of Economic area ‘‘by less than one-quarter mile.’’ marginal differences will be and Regional Development at Southern undetectable in the wine.’’ Illinois University states, ‘‘The future of Lack of Distinguishing Characteristics the viticultural industry in southern A few opposing commenters also state Other Issues Illinois is dependent upon a whole that the boundary of the proposed Some opposing commenters believe region, not the gerrymandered version Shawnee Hills viticultural area is inclusion within a viticultural area is a being proposed.’’ The owners of the Lost arbitrary since the proposed area is not judgment of the quality of an area’s fruit Creek Vineyard near Benton, Illinois, truly distinguishable from the rest of and that grapes from vineyards outside believe that the development of grape southern Illinois based on its geography, of the proposed area will be regarded as growing in southern Illinois should be climate, or soils. substandard. The mayor of Pulaski, given the same consideration in setting In his comment, the president of the Illinois, states in his comment that the the boundaries of the proposed GSGGA included a table showing the Shawnee Hills petition ‘‘simply viticultural area as soil and climate elevation of various southern Illinois assumes’’ that the hills surrounding the conditions. communities in support of his village are ‘‘substandard for grapes.’’ Several opposing commenters fear contention that the elevations found One opposing commenter questioned that economic development incentives inside and outside the proposed the value of establishing a viticultural and technical assistance offered by the Shawnee Hills viticultural area are not area in a region that grows only French- State of Illinois to viticulturists, as well significantly different. These elevation American hybrids and North American as U.S. Department of Agriculture differences between the proposed varieties since these ‘‘do not aspire to assistance and loans, could be denied to viticultural area and the surrounding the flavor complexities’’ usually found growers outside of the proposed region, this opposing commenter in wines from viticultural areas growing viticultural area. In particular, three concludes, ‘‘are not significant enough vinifera grapes. In addition, a few growers who identified themselves as to warrant a case for different growing opposing commenters note that the minority group members commented on conditions,’’ and thus will not result in petitioners did not consult with growers this concern. Noting his exclusion from ‘‘detectable flavor differences’’ in the outside the proposed Shawnee Hills the proposed Shawnee Hills viticultural resulting wine. viticultural area in developing their area, one such grower from Carrier The GSGGA president notes in proposal. Mills, Illinois, believes that it is ‘‘highly particular that, given the 30-mile likely in the future I will hear that the distance between them, the difference in Petitioner’s Response location of my vineyard does not justify elevation between Alto Vineyards, one Regarding the economic issues raised any State support’’ or support from the of the highest vineyards within the by the opposing commenters, the lead banking establishment. proposed Shawnee Hills viticultural area, and his Monte Alegre Vineyard, 1 As a measurement of heat accumulation during Arbitrary Boundaries outside of the proposed area, results in the growing season, one degree day accumulates for Some opposing commenters state that only a slope of 0.20 percent. In terms of each degree Fahrenheit that a day’s mean temperature is above 50 degrees, which is the the proposed Shawnee Hills viticultural climate, he states that ‘‘elevation minimum temperature required for grapevine area boundaries are arbitrary, leaving differences of the order or 300 feet for growth. See ‘‘General Viticulture,’’ by Albert J. some growers outside the proposed area over 30 to 40 miles do not present a Winkler, University of California Press, 1974.

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Shawnee Hills petitioner, Dr. In terms of soil differences, the TTB also wishes to clarify, as Wichmann, notes in his response that petitioner’s response states that soils previously noted in this document, that some southern Illinois growers may within the proposed Shawnee Hills its establishment of a viticultural area is mistakenly believe that the viticultural area are class XIII and class neither an approval nor an endorsement establishment of a viticultural area XIV, which tend to be thin loess on by TTB of the grapes grown or the wine limits to whom they may sell their limestone, with the main soils being of produced in that area. Therefore, grapes or who may buy their grapes. The the Alford, Hosmer, Wellston, and financial or other assistance to a petitioner dismisses the role of Zanesville series. In contrast, the viticultural enterprise should not be viticultural areas in economic petitioner states, the soils to the north based solely on the enterprise’s location development as being irrelevant since in the Mt. Vernon Hill Country are class inside or outside of a viticultural area. viticultural areas are established only to II, which are primarily thick loess on Opposing comments raised several ‘‘inform consumers of where the grapes Illinois drift. The main soils there are of other issues that do not pertain to the in a given bottle of wine were grown.’’ the Stoy, Weir, Bluford, Wynoose, Colp, approval standards for viticultural areas The petitioner also states that the and Del Rey series. under the TTB regulations. TTB establishment of a viticultural area does understands that these issues are not ‘‘imply or guarantee the quality of TTB Response important to the commenters; grapes grown within or outside its General Discussion: As previously nevertheless, those issues are beyond boundaries.’’ stated, a viticultural area is defined the scope of this rulemaking action. The Shawnee Hills petitioner under the TTB regulations as a Viticultural Area Boundary and contends that, by definition, a delimited grape growing region Distinguishing Characteristics: TTB viticultural area’s boundaries are distinguishable by geographical understands that many growers in restrictive since the boundaries define features. TTB considers evidence southern Illinois support the an area that is different from relating to name, boundaries, and establishment of a larger viticultural surrounding areas. In this case, the geographical features in determining area. By definition, a viticultural area is petitioner states that the proposed whether to approve a petitioned-for a ‘‘delimited grape-growing region Shawnee Hills viticultural area differs viticultural area. Though the distinguishable by geographic features.’’ In other words, by its very nature, a from the surrounding areas of southern establishment of a particular viticultural viticultural area is a limited Illinois in that the Shawnee Hills area may potentially have an economic geographical area that excludes those landform is higher than surrounding impact on local grape growers and growers outside that limited region. It is areas, is warmer, and has different soils. wineries outside the area, viticultural not the intent of TTB to harm any The petitioner’s response notes that the area designations under TTB regulations industry member excluded from the president of the GSGGA compared the are not made on the basis of the petitioned-for viticultural area. Rather, elevations of communities outside of the potential economic impacts in adjacent the designation of a viticultural area proposed Shawnee Hills viticultural localities. We designate viticultural area mostly with communities located at merely signifies that the viticultural area areas in order to allow vintners to better the bottom of valleys and gorges within is different from surrounding areas describe the origin of their wines and to the proposed area, which, the petitioner based on one or more geographic allow consumers to better identify the states, minimizes the elevation factors. These factors may include, but wines they may purchase. differences between the proposed area are not limited to, climate (temperature, and the rest of southern Illinois. The TTB wishes to clarify that the precipitation, fog, winds, etc.), soils, petitioner states that most commercial establishment of a viticultural area, by geology, topography, elevation, or vineyards in the Shawnee Hills are ‘‘on itself, does not prohibit or limit the sale another physical feature that may affect high ridges above 600 feet’’ while of grapes grown outside the established growing conditions within the area. elevations in the Mt. Vernon Hill area to vintners within the established TTB believes the evidence provided Country north of the proposed area area. The designation of a viticultural in the petition shows that the proposed range from 300 to 450 feet and are no area only restricts the use of the name Shawnee Hills viticultural area higher than 500 feet. of the viticultural area and any related encompasses an area that is different In terms of climate, the petitioner term of viticultural significance on wine from the surrounding areas of southern acknowledges that southern Illinois has labels and in wine advertisements. Illinois. We note the evidence available the same overall macroclimate and Requirements for the use of appellations to us shows that the Shawnee Hills agrees that the differences in elevation of origin, including viticultural area landform is generally higher in do not ‘‘present a topographical hurdle’’ names, are contained in § 4.25 of the elevation, has a different underlying for the large continental air masses that TTB regulations (27 CFR 4.25). In order geology, has somewhat warmer vineyard cover the region. Rather, the petitioner to use a viticultural area name on a wine temperatures due to cold air drainage, contends that the opposing commenters label, at least 85 percent of the wine and has different soils when compared ignore how changes in elevation of 100 must be derived from grapes grown to the surrounding areas of southern to 300 feet can change an area’s within the viticultural area and the wine Illinois. While we recognize that grapes mesoclimate and how changes in must be finished within the State or are grown across southern Illinois, to elevation of as little as 10 feet can effect States in which the viticultural area lies. include growers outside the proposed a vineyard’s microclimate. The However, this does not mean that viticultural area would ignore the petitioner’s response specifically notes vintners within a designated viticultural differences between the Shawnee Hills that due to cold air drainage, especially area may only produce wines that are landform and the surrounding region of during times of minimum temperatures, subject to the 85 percent rule. Vintners the State. the ridgetop vineyards within the located within a viticultural area may As required by our regulations, we proposed viticultural area are slightly continue to produce wine from grapes use features (both natural and man- warmer than vineyards to the north of grown outside that area; they simply made) found on the USGS map supplied the proposed area, a difference the would not be able to use the viticultural by the original petitioners to define the petitioners contend is significant for area name on the label of a wine that boundary of the proposed Shawnee growing grapes. does not meet the 85 percent rule. Hills viticultural area. As a result, the

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proposed viticultural area’s boundary A similar comment states that some built around an artificial lake. The may fall slightly inside or outside of the consumers may come to believe that village of Shawnee Hills in Delaware Shawnee Hills landform’s natural only those wineries located along the County, Ohio, is now a suburb of the boundary. As noted in Notice No. 39, Shawnee Hills Wine Trail are included city of Columbus. We do not believe rather than using the exact natural limit in the Shawnee Hills viticultural area. that any of these non-rural places are or of the Shawnee Hills, which is Likewise, the president of the GSGGA will become known as grape-growing delineated by a complex set of elevation notes in his comment that other areas. We also note that our regulations lines, we mark the boundary of the localities in Kentucky and Ohio also are do not require that the name of a proposed viticultural area using more known as ‘‘Shawnee Hills,’’ which he proposed viticultural area be absolutely convenient features, such as nearby believes could cause consumer exclusive to the area in question. roads and streams. This is consistent confusion over the location of a with our past practice regarding the use Shawnee Hills viticultural area. TTB Finding of features different from a viticultural After careful review of the petition Petitioner’s Response area’s natural extent to draw its and the comments received, TTB finds boundary. (For example, see the The lead Shawnee Hills petitioner that the evidence submitted supports Boundary Description section of T.D. sees no potential for consumer the establishment of the proposed TTB–27, Establishment of the Ribbon confusion since Shawnee Hills ‘‘is the Shawnee Hills viticultural area. Ridge Viticultural Area, published in name of the landform itself’’ and that Therefore, under the authority of the the Federal Register on June 1, 2005, at name is used by agencies of the State of Federal Alcohol Administration Act and 70 FR 31342.) Illinois, ‘‘as well as by many others.’’ part 4 of our regulations, we establish However, TTB will entertain a The petitioner adds that ‘‘Southern the ‘‘Shawnee Hills’’ viticultural area in properly prepared and submitted Illinois’’ or ‘‘Little Egypt’’ may be Alexander, Gallatin, Hardin, Jackson, petition from any interested party appropriate for a larger, regional Johnson, Pope, Pulaski, Randolph, regarding the establishment of a larger viticultural area. Saline, Union, and William counties in viticultural area in southern Illinois TTB Response southern Illinois, effective 30 days from under an appropriate name. Section the publication date of this document. 4.25(e)(2) of the TTB regulations After considering the petition outlines the requirements for proposing evidence and the comments received, Boundary Description an American viticultural area. A TTB concludes that the ‘‘Shawnee See the narrative boundary viticultural area petition must include Hills’’ name is appropriate for the description of the viticultural area in the evidence related to the proposed area’s proposed viticultural area. We note that regulatory text published at the end of name, its boundaries, and its the Illinois State Geological Survey’s this document. distinguishing geographic features, as ‘‘Landforms of Illinois’’ map labels the Maps well as a specific description of and landform within the proposed Shawnee maps showing the proposed area’s Hills viticultural area as the Shawnee The maps for determining the boundaries. For details, see the Hills. Other State of Illinois publications boundary of the viticultural area are Requirements section above and § 9.3(b) also use this name for the hills and listed below in the regulatory text. ridges located within the proposed of our regulations. Impact on Current Wine Labels In addition, TTB notes that all Illinois viticultural area. TTB believes the vintners may use ‘‘Illinois’’ or the name names ‘‘Greater Shawnee,’’ ‘‘Southern Part 4 of the TTB regulations prohibits of an Illinois county as an appellation Illinois’’ or ‘‘Little Egypt’’ may best be any label reference on a wine that of origin provided that the wine in associated with a region larger than the indicates or implies an origin other than question meets the requirements of 27 proposed Shawnee Hills viticultural the wine’s true place of origin. With the CFR 4.25. Multistate and multicounty area and, therefore, are not appropriate establishment of this viticultural area appellations can also be claimed for for the smaller proposed viticultural and its inclusion in part 9 of the TTB some wines (see § 4.25(c) and (d) for area. As noted above, we will consider regulations, its name, ‘‘Shawnee Hills,’’ details). a petition to create a larger viticultural is recognized under 27 CFR 4.39(i)(3) as area in southern Illinois under an a name of viticultural significance. The Opposing Comments Regarding Possible appropriate name. text of the new regulation clarifies this Consumer Confusion We also believe that the use of the point. Consequently, wine bottlers using As noted above, all commenters Shawnee Hills name will not cause ‘‘Shawnee Hills’’ in a brand name, opposing the establishment of the consumers to confuse the proposed including a trademark, or in another proposed Shawnee Hills viticultural viticultural area with the wine trail label reference as to the origin of the area express support for a larger within it. We believe that most wine wine, will have to ensure that the viticultural area to be named consumers understand that a product is eligible to use the viticultural ‘‘Shawnee,’’ ‘‘Greater Shawnee,’’ or viticultural area encompasses more land area’s name as an appellation of origin. ‘‘Southern Illinois.’’ In addition, one than the winery or vineyard properties On the other hand, we do not believe commenter states that the Shawnee located along any given winery driving that ‘‘Shawnee’’ standing alone has Hills name is inappropriate and could tour. viticultural significance. A search of the cause consumer confusion since that In addition, we believe that Geographic Names Information System name is associated with a ‘‘small five or consumers will not confuse the maintained by the U.S. Geological six winery wine trail’’ that ‘‘represents proposed Shawnee Hills viticultural Survey shows no entries for ‘‘Shawnee a very small geographic area’’ within the area with similarly named places in Hills,’’ but does show entries for proposed viticultural area. The same Kentucky and Ohio. We note that ‘‘Shawnee’’ standing alone or in commenter adds that the Shawnee Hills Shawnee Hills, Kentucky, is a real estate conjunction with words such as name ignores that the grapegrowing and development on the eastern shore of ‘‘Creek,’’ ‘‘Lake,’’ ‘‘Peak,’’ or ‘‘Valley’’ in winemaking area ‘‘already accepted by Lake Barkley, while the unincorporated 29 States. We therefore conclude that the public’’ includes all of southern community of Shawnee Hills in Greene ‘‘Shawnee’’ standing alone does not Illinois. County, Ohio, is a housing development have a geographical context or meaning

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that is generally limited to the location PART 9—AMERICAN VITICULTURAL Saline River, then continue easterly of the Shawnee Hills viticultural area. AREAS (downstream) along the South Fork of Accordingly, the regulatory text set forth the Saline River to its confluence with in this document specifies only the full I 1. The authority citation for part 9 the Saline River, then continue easterly ‘‘Shawnee Hills’’ name as a term of continues to read as follows: and then southeasterly (downstream) viticultural significance for purposes of Authority: 27 U.S.C. 205. along the Saline River to its confluence part 4 of the TTB regulations. with the Ohio River near Saline For a wine to be eligible to use as an Subpart C—Approved American Landing; then appellation of origin the name of a Viticultural Areas (10) Proceed southwesterly viticultural area or other term specified (downstream) along the Ohio River to I 2. Amend subpart C by adding § 9.206 as being viticulturally significant in part the Interstate 24 bridge; then to read as follows: 9 of the TTB regulations, at least 85 (11) Proceed north on Interstate 24 to percent of the wine must derive from § 9.206 Shawnee Hills. its intersection with the New Columbia grapes grown within the area (a) Name. The name of the viticultural Ditch (with the towns of Big Bay to the represented by that name or other term, area described in this section is northeast and New Columbia to the and the wine must meet the other ‘‘Shawnee Hills’’. For purposes of part northwest); then conditions listed in 27 CFR 4.25(e)(3). If 4 of this chapter, ‘‘Shawnee Hills’’ is a (12) Proceed westerly along the New the wine is not eligible to use the term of viticultural significance. Columbia Ditch to its confluence with viticultural area name or other term as (b) Approved maps. The United States the Main Ditch, and continue westerly an appellation of origin and that name Geological Survey (USGS) 1:250,000- along the Main Ditch to its confluence or term appears in the brand name, then scale topographic map used to with the Cache River (near the Cache the label is not in compliance and the determine the boundary of the Shawnee River’s confluence with the Post Creek bottler must change the brand name and Hills viticultural area is titled— Cutoff), approximately 1.5 miles east- obtain approval of a new label. Paducah: Kentucky–Illinois, Missouri– northeast of the village of Karnak; then Similarly, if the viticultural area name Indiana, 1987 edition. (13) Proceed westerly (downstream) or other term appears in another (c) Boundary. The Shawnee Hills along the Cache River, passing under reference on the label in a misleading viticultural area is located in southern Interstate 57 near the village of Ullin, manner, the bottler would have to Illinois between the Ohio and and continue southeasterly along the obtain approval of a new label. Mississippi Rivers, and largely within Cache River to the river’s confluence Different rules apply if a wine has a the Shawnee National Forest. The with Sandy Creek (northeast of the brand name containing a viticultural boundary of the Shawnee Hills village of Sandusky); then area name or other viticulturally viticultural area is described below— (14) Proceed westerly (upstream) significant term that was used as a (1) Beginning at the intersection of along Sandy Creek approximately 4 brand name on a label approved before State Routes 3 and 150 in the town of miles to its junction with an unnamed July 7, 1986. See 27 CFR 4.39(i)(2) for Chester (Randolph County), proceed secondary road (known locally as details. northeast on Route 150 to its Alexander County Road 4); then Regulatory Flexibility Act intersection with the surveyed boundary (15) Proceed south along the unnamed secondary road (Alexander County Road We certify that this regulation will not line between Township 6 South (T6S) and Township 7 South (T7S); then 4) to its junction with State Route 3 at have a significant economic impact on the village of Olive Branch; then a substantial number of small entities. (2) Proceed due east along the T6S/ (16) Proceed northwest on State Route This regulation imposes no new T7S boundary line until it becomes the 3 to its intersection with the Main Ditch reporting, recordkeeping, or other boundary between Perry and Jackson (also known locally as Sexton Creek) at administrative requirement. Any benefit Counties, and continue east along the the village of Gale; then derived from the use of a viticultural Perry-Jackson County line to State Route (17) Proceed northerly along Main area name is the result of a proprietor’s 4; then Ditch and Clear Creek Ditch to a light- efforts and consumer acceptance of (3) Proceed southeast on State Route duty road (known locally as State Forest wines from that area. Therefore, no 4 through the villages of Campbell Hill, Road) near the southwest corner of the regulatory flexibility analysis is Ava, and Oraville to its intersection Trail of Tears State Forest, required. with State Route 13/127; then (4) Proceed south on State Route 13/ approximately 3.75 miles east of the Executive Order 12866 127 to the intersection where State village of Wolf Lake; then This rule is not a significant Routes 13 and 127 divide in the town (18) Proceed west on the light-duty regulatory action as defined by of Murphysboro; then road (State Forest Road) to its Executive Order 12866, 58 FR 51735. (5) Proceed east on State Route 13 intersection with State Route 3 just Therefore, it requires no regulatory through the city of Carbondale to State south of Wolf Lake; then assessment. Route 13’s intersection with Interstate (19) Proceed north on State Route 3 to 57; then its junction with the Big Muddy River Drafting Information (6) Proceed south on Interstate 57 to (near the village of Aldridge), and Rita Butler of the Regulations and its intersection with State Route 148; continue north (upstream) along the Big Rulings Division drafted this notice. then Muddy River to its confluence with (7) Proceed southeast on State Route Kincaid Creek near the village of List of Subjects in 27 CFR Part 9 148 to its intersection with State Route Grimsby; then Wine. 37; then (20) Continue northerly along Kincaid (8) Proceed south on State Highway Creek to its junction with State Route The Amendment 37 to Saline Creek; then 149; then I For the reasons discussed in the (9) Proceed northeasterly (21) Proceed west on State Route 149 preamble, we amend 27 CFR, chapter 1, (downstream) along Saline Creek to its to its junction with State Route 3, and part 9 as follows: confluence with the South Fork of the then continue northwest along State

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Route 3 to the beginning point in the the Register’s recommendation.1 This on circumvention remain in force for a town of Chester. notice summarizes the Register’s three–year period and expire at the end Signed: September 25, 2006. recommendation and publishes the of that period. The Librarian is required regulatory text codifying the six to make a determination on potential John J. Manfreda, exempted classes of works. new exemptions every three years. The Administrator. second rulemaking culminated in the I. Background Approved: October 27, 2006. Librarian’s October 28, 2003, Timothy E. Skud, A. Legislative Requirements for announcement that noninfringing users Deputy Assistant Secretary (Tax, Trade, and Rulemaking Proceeding of four classes of works would not be Tariff Policy). In 1998, Congress enacted the Digital subject to the prohibition on 4 [FR Doc. E6–20023 Filed 11–24–06; 8:45 am] Millennium Copyright Act (‘‘DMCA’’), circumvention of access controls. BILLING CODE 4810–31–P which among other things amended title B. Responsibilities of Register of 17, United States Code, to add section Copyrights and Librarian of Congress 1201. Section 1201 prohibits The purpose of the rulemaking LIBRARY OF CONGRESS circumvention of technological proceeding conducted by the Register is measures employed by or on behalf of to determine whether users of particular Copyright Office copyright owners to protect their works classes of copyrighted works are, or in (hereinafter ‘‘access controls’’). In order the next three years are likely to be, 37 CFR Part 201 to ensure that the public will have adversely affected by the prohibition in continued ability to engage in [Docket No. RM 2005–11] their ability to make noninfringing uses noninfringing uses of copyrighted of copyrighted works. In making her Exemption to Prohibition on works, such as fair use, subparagraph recommendation to the Librarian, the Circumvention of Copyright Protection (B) limits this prohibition, exempting Register must carefully balance the Systems for Access Control noninfringing uses of any ‘‘particular availability of works for use, the effect Technologies class of works’’ when users are (or in the of the prohibition on particular uses and next 3 years are likely to be) adversely the effect of circumvention on AGENCY: Copyright Office, Library of affected by the prohibition in their copyrighted works. Section Congress. ability to make noninfringing uses of 1201(a)(1)(C) directs the Register and ACTION: Final rule. that class of works. Identification of the Librarian to examine: ‘‘(i) the such classes of works is made in a SUMMARY: availability for use of copyrighted This notice announces that rulemaking proceeding conducted by works; (ii) the availability for use of during the next three years, the the Register of Copyrights, who is to works for nonprofit archival, prohibition against circumvention of provide notice of the rulemaking, seek preservation, and educational purposes; technological measures that effectively comments from the public, consult with (iii) the impact that the prohibition on control access to copyrighted works the Assistant Secretary for the circumvention of technological shall not apply to persons who engage Communications and Information of the measures applied to copyrighted works in noninfringing uses of six classes of Department of Commerce, and has on criticism, comment, news copyrighted works. recommend final regulations to the reporting, teaching, scholarship, or EFFECTIVE DATE: November 27, 2006. Librarian of Congress. The regulations, research; (iv) the effect of circumvention FOR FURTHER INFORMATION CONTACT: to be issued by the Librarian of of technological measures on the market Congress, announce ‘‘any class of Steven Tepp, Principal Legal Advisor, for or value of copyrighted works; and copyrighted works for which the and David O. Carson, General Counsel, (v) such other factors as the Librarian Librarian has determined, pursuant to Copyright GC/&, P.O. Box 70400, considers appropriate.’’ Southwest Station, Washington, D.C. the rulemaking conducted under 20024–0400. Telephone: (202) 707– subparagraph (C), that noninfringing C. The Purpose and Focus of the 8380; telefax: (202) 707–8366. uses by persons who are users of a Rulemaking SUPPLEMENTARY INFORMATION: In this copyrighted work are, or are likely to be, 1. Purpose of the Rulemaking notice, the Librarian of Congress, upon adversely affected, and the prohibition As originally drafted, section the recommendation of the Register of contained in subparagraph (A) shall not 1201(a)(1) provided simply that ‘‘No Copyrights, announces that during the apply to such users with respect to such person shall circumvent a technological period from the time of this notice class of works for the ensuing 3–year 2 measure that effectively controls access through October 27, 2009, the period.’’ to a work protected under this title.’’ prohibition against circumvention of The first section 1201 rulemaking However, in response to concerns that technological measures that effectively took place in 2000, and on October 27, section 1201, in its original form, might control access to copyrighted works 2000, the Librarian determined that undermine Congress’s commitment to shall not apply to persons who engage noninfringing users of two classes of fair use if developments in the in noninfringing uses of six classes of works would not be subject to the copyrighted works. This announcement prohibition on circumvention of access controls.3 Exemptions to the prohibition 4 The announcement was published in the is the culmination of a rulemaking Federal Register on October 31, 2003. Exemption to proceeding commenced by the Register Prohibition on Circumvention of Copyright 1 on October 3, 2005. A more A copy of the Register’s memorandum may be Protection Systems for Access Control found at http://www.copyright.gov/1201. Technologies, 68 FR 62011 (October 31, 2003); comprehensive statement of the 2 17 U.S.C. 1201(a)(1)(D). http://www.copyright.gov/fedreg/2003/ background and legal requirements of 3 Exemption to Prohibition on Circumvention of 68fr2011.pdf. On October 30, 2006, the Librarian the rulemaking, a discussion of the Copyright Protection Systems for Access Control announced that the existing classes of works were record and the Register’s analysis may Technologies, 65 FR 64555 (October 27, 2000); being extended, on an interim basis, pending the http://www.copyright.gov/fedreg/2000/ conclusion of the current rulemaking proceeding. be found in the Register’s memorandum 65fr64555.pdf. The Federal Register notice Exemption to Prohibition on Circumvention of of November 17, 2006, to the Librarian, contained the recommendation of the Register of Copyright Protection Systems for Access Control which contains the full explanation of Copyrights and the determination of the Librarian. Technologies, 71 FR 63247 (October 30, 2006).

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