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Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15091 DEPARTMENT OF THE TREASURY Background on Viticultural Areas the procedure for proposing an AVA and provides that any interested party TTB Authority Alcohol and Tobacco Tax and Trade may petition TTB to establish a grape- Bureau Section 105(e) of the Federal Alcohol growing region as an AVA. Section 9.12 Administration Act (FAA Act), 27 of the TTB regulations (27 CFR 9.12) 27 CFR Part 9 U.S.C. 205(e), authorizes the Secretary prescribes standards for petitions for the of the Treasury to prescribe regulations establishment or modification of AVAs. [Docket No. TTB–2018–0005; Notice No. for the labeling of wine, distilled spirits, 174] Petitions to establish an AVA must and malt beverages. The FAA Act include the following: RIN 1513–AC38 provides that these regulations should, • Evidence that the area within the among other things, prohibit consumer proposed AVA boundary is nationally Proposed Establishment of the Upper deception and the use of misleading or locally known by the AVA name Hudson Viticultural Area statements on labels and ensure that specified in the petition; labels provide the consumer with • An explanation of the basis for AGENCY: Alcohol and Tobacco Tax and adequate information as to the identity defining the boundary of the proposed Trade Bureau, Treasury. and quality of the product. The Alcohol AVA; ACTION: Notice of proposed rulemaking. and Tobacco Tax and Trade Bureau • A narrative description of the (TTB) administers the FAA Act features of the proposed AVA affecting SUMMARY: The Alcohol and Tobacco Tax pursuant to section 1111(d) of the viticulture, such as climate, geology, and Trade Bureau (TTB) proposes to Homeland Security Act of 2002, soils, physical features, and elevation, establish the approximately 1,500- codified at 6 U.S.C. 531(d). The that make the proposed AVA distinctive square mile ‘‘Upper Hudson’’ Secretary has delegated various and distinguish it from adjacent areas viticultural area in all or portions of authorities through Treasury outside the proposed AVA boundary; Albany, Montgomery, Rensselaer, Department Order 120–01, dated • The appropriate United States Saratoga, Schenectady, Schoharie, and December 10, 2013, (superseding Geological Survey (USGS) map(s) Washington Counties in New York. The Treasury Order 120–01, dated January showing the location of the proposed proposed viticultural area does not lie 24, 2003), to the TTB Administrator to AVA, with the boundary of the within, nor does it contain, any other perform the functions and duties in the proposed AVA clearly drawn thereon; established viticultural area. TTB administration and enforcement of these and designates viticultural areas to allow provisions. • A detailed narrative description of vintners to better describe the origin of Part 4 of the TTB regulations (27 CFR the proposed AVA boundary based on their wines and to allow consumers to part 4) authorizes TTB to establish USGS map markings. better identify wines they may definitive viticultural areas and regulate Upper Hudson Petition purchase. TTB invites comments on this the use of their names as appellations of proposed addition to its regulations. origin on wine labels and in wine TTB received a petition from Andrew DATES: Comments must be received by advertisements. Part 9 of the TTB and Kathleen Weber, owners of June 8, 2018. regulations (27 CFR part 9) sets forth Northern Cross Vineyard, on behalf of ADDRESSES: Please send your comments standards for the preparation and local grape growers and vintners, on this proposed rule to one of the submission of petitions for the proposing to establish the following addresses: establishment or modification of approximately 1,500-square mile • Internet: http://www.regulations.gov American viticultural areas (AVAs) and ‘‘Upper Hudson’’ AVA. Nineteen (via the online comment form for this lists of the approved AVAs. commercial vineyards, covering approximately 67.5 acres, are proposed rule as posted within Docket Definition No. TTB–2018–0005 at distributed across the proposed AVA. ‘‘Regulations.gov,’’ the Federal e- Section 4.25(e)(1)(i) of the TTB According to the petition, several rulemaking portal); regulations (27 CFR 4.25(e)(1)(i)) defines vineyard owners are planning to expand • U.S. Mail: Director, Regulations and a viticultural area for American wine as their vineyards by a total of 14 Rulings Division, Alcohol and Tobacco a delimited grape-growing region having additional acres in the near future, and Tax and Trade Bureau, 1310 G Street distinguishing features, as described in 4 new vineyards are also planned. All NW, Box 12, Washington, DC 20005; or part 9 of the regulations, and a name 19 of the vineyards within the proposed • Hand delivery/courier in lieu of and a delineated boundary, as AVA also have attached wineries. mail: Alcohol and Tobacco Tax and established in part 9 of the regulations. The distinguishing feature of the Trade Bureau, 1310 G Street NW, Suite These designations allow vintners and proposed Upper Hudson AVA is its 400, Washington, DC 20005. consumers to attribute a given quality, climate. Unless otherwise noted, all See the Public Participation section of reputation, or other characteristic of a information and data pertaining to the this proposed rule for specific wine made from grapes grown in an area proposed AVA contained in this instructions and requirements for to the wine’s geographic origin. The proposed rule comes from the petition submitting comments, and for establishment of AVAs allows vintners for the proposed Upper Hudson AVA information on how to request a public to describe more accurately the origin of and its supporting exhibits. their wines to consumers and helps hearing or view or request copies of the Name Evidence petition and supporting materials. consumers to identify wines they may purchase. Establishment of an AVA is The proposed Upper Hudson AVA is FOR FURTHER INFORMATION CONTACT: neither an approval nor an endorsement located along the Hudson River. Karen A. Thornton, Regulations and by TTB of the wine produced in that According to the petition, the term Rulings Division, Alcohol and Tobacco area. ‘‘Upper Hudson’’ is used to describe the Tax and Trade Bureau, 1310 G Street non-tidal portion of the river above the NW, Box 12, Washington, DC 20005; Requirements Federal Dam in Troy, New York. For phone (202) 453–1039, ext. 175. Section 4.25(e)(2) of the TTB example, the U.S. Geological Survey has SUPPLEMENTARY INFORMATION: regulations (27 CFR 4.25(e)(2)) outlines a web page with information about the VerDate Sep<11>2014 16:17 Apr 06, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 sradovich on DSK3GMQ082PROD with PROPOSALS 15092 Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules Hudson River watershed in the region of Distinguishing Features conducted at several universities, most ¥ the proposed AVA titled ‘‘USGS Water The distinguishing feature of the of these varietals are cold hardy to 15 Resources Links for the Upper proposed Upper Hudson AVA is its degrees F, while Pinot Noir is cold 1 ¥ Hudson.’’ The petition also included a climate. The petition included hardy only to 8 degrees F. Because ‘‘USA Today’’ article about kayaking information on the USDA plant winter temperatures within the trips within the region that includes the proposed Upper Hudson AVA regularly hardiness zones and the growing degree ¥ proposed AVA and is titled ‘‘Kayaking day accumulations (GDDs) 5 for the drop as low as 20 degrees, these 2 in the Upper Hudson.’’ proposed AVA and the surrounding varietals would not be suitable for The petition included a listing of areas. growing within the proposed AVA. organizations and businesses within the Growing Degree Days proposed AVA that use the name Plant Hardiness Zones ‘‘Upper Hudson.’’ The Phi Beta Kappa The USDA plant hardiness zone map The petition included a graph fraternal organization 3, and the included in the petition divides the showing the average GDD Editorial Freelancers Association 4 both United States into zones based on the accumulations for 19 locations within have chapters within the proposed average annual minimum winter the proposed AVA and the surrounding boundaries of the AVA referred to as temperature. The map is divided into 13 areas. Six of these locations are within ‘‘Upper Hudson.’’ The Upper Hudson zones, from the coolest zone 1 to the the proposed AVA, and the remainder Green Party and the Upper Hudson warmest zone 13. Each zone has a 10- are from the surrounding areas. The Peace Action are two other degree Fahrenheit (F) range and is graph may be viewed in its entirety on organizations located within the further divided into two 5-degree F sub- Regulations.gov as part of the public proposed AVA. The Upper Hudson zones, which are designated ‘‘a’’ and docket, Docket No. TTB–2018–0005. Research Center provides laboratory and ‘‘b’’. According to the map, the The following table lists only the field station facilities within the proposed Upper Hudson AVA falls into locations in the graph for which at least proposed AVA for researchers of zones 5a and 5b. Average minimum 3 years of data was available, as well as Rensselaer Polytechnic Institute who temperatures in these zones range from the location’s direction relevant to the study freshwater habitats. Medical ¥20 to ¥15 degrees F. The petition proposed AVA. facilities within the proposed AVA states that these average minimum include Upper Hudson Dermatology and winter temperatures are cold enough to LOCATIONS WITH GDD DATA Upper Hudson Primary Care. Finally, damage or even kill many varietals of AVAILABLE FROM 2012–2014 Upper Hudson Farm Direct provides grapes. Therefore, vineyard owners deliveries of fresh produce from farms Direction from within the proposed AVA plant cold- Location Proposed AVA within the region of the proposed AVA.
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