[Federal Register Volume 70, Number 67 (Friday, April 8, 2005)]
[Proposed Rules]
[Pages 17940-17945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-6994]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 39]
RIN 1513-AA95


Proposed Establishment of the Shawnee Hills Viticultural Area 
(2002R-345P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to 
establish the Shawnee Hills viticultural area in southern Illinois. 
This proposed 1,268,960-acre viticultural area is approximately 80 
miles long east to west and approximately 20 miles wide from north to 
south. 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. We invite comments on this proposed 
addition to our regulations.

DATES: We must receive your written comments on or before June 7, 2005.

ADDRESSES: You may send comments to any of the following addresses:
     Chief, Regulations and Procedures Division, Alcohol and 
Tobacco Tax and Trade Bureau, Attn: Notice No. 39, P.O. Box 14412, 
Washington, DC 20044-4412.
     202-927-8525 (facsimile).
     [email protected] (e-mail).
     http://www.ttb.gov/alcohol/rules/index.htm. An online 
comment form is posted with this notice on our Web site.
     http://www.regulations.gov (Federal e-rulemaking portal; 
follow instructions for submitting comments).
    You may view copies of this notice, the petition, the appropriate 
maps, and any comments we receive about this notice by appointment at 
the TTB Library, 1310 G Street, NW., Washington, DC 20220. To make an 
appointment, call 202-927-2400. You may also access copies of the 
notice and comments online at http://www.ttb.gov/alcohol/rules/index.htm.
    See the Public Participation section of this notice for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing.

FOR FURTHER INFORMATION CONTACT: Rita Butler, Regulations and 
Procedures Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW., Washington, DC 20220; telephone 202-927-8210.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (the FAA 
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels 
provide the consumer with adequate information regarding a product's 
identity and prohibits the use of misleading information on such 
labels. The FAA Act also authorizes the Secretary of the Treasury to 
issue regulations to carry out its provisions. The Alcohol and Tobacco 
Tax and Trade Bureau (TTB) administers these regulations.
    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 geographic origin. The establishment of 
viticultural areas allows vintners to describe more accurately the 
origin of their wines to consumers and helps consumers to identify 
wines they may purchase. Establishment of a viticultural area is 
neither an approval nor an endorsement by TTB of the wine produced in 
that area.

Requirements

    Section 4.25(e)(2) of the TTB regulations outlines the procedure 
for proposing an American viticultural area and provides that any 
interested party may petition TTB to establish a grape-growing region 
as a viticultural area. Section 9.3(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.

Shawnee Hills Petition

    TTB received a petition from Dr. Theodore F. Wichmann, president of 
Owl Creek Vineyard, Inc., and Dr. Imed Dami, Illinois State 
Viticulturist, proposing the establishment of a new viticultural area 
in southern Illinois to be called ``Shawnee Hills.'' The proposed 
Shawnee Hills viticultural area lies largely within the Shawnee 
National Forest in Alexander, Gallatin, Hardin, Jackson, Johnson, Pope, 
Pulaski, Randolph, Saline, Union, and William counties. Encompassing a 
region of unglaciated hills between the Ohio and Mississippi Rivers, 
the proposed viticultural area is about 80 miles long east to west and 
20 miles wide north to south, and it covers about 2,139 square miles or 
1,268,960 acres.
    People have raised grapes, including such important present-day 
wine varieties as Norton, in the proposed Shawnee Hills viticultural 
area since 1860, according to the petition, citing ``Grape Culture'' by 
W.E. Gould (1891). The proposed area contained 1,250 acres of vineyards 
in 1890, and vintners produced 19,750 gallons of wine in 1891, the 
petition adds, citing ``Grape and Wine Production in Illinois from 1983 
to Present,'' by R.M. Skirvin, et al., in ``Illinois Grape Growers and 
Vintners

[[Page 17941]]

Association Conference Proceedings,'' (2000). Currently, there are 
eight wineries and 51 vineyards with approximately 160 acres of planted 
wine varietals within the proposed area, the petition states, citing 
``1999 Grape Growers and Vintner's Survey,'' by Imed Dami, in 
``Illinois Grape Growers and Vintners Association Conference 
Proceedings,'' (2000).

Name Evidence

    The Shawnee Indian Nation, led by Chief Tecumseh and his brother, 
The Prophet, occupied the southern Illinois hill country in the early 
1800s in an attempt to stem the flow of white settlers from the east. 
As a result, the petition states, the Shawnee name became attached to 
the hills, and its continuing use is documented in academic and State 
government publications. For example, the book ``Land Between the 
Rivers'' (C.W. Horrell, et al., 1973), as cited in the petition, 
describes the region as follows:

    South of the Mount Vernon hill country you come next to the 
Shawnee Hills [which mark] the southernmost limit of the prehistoric 
ice sheets. The Shawnee Hills culminate in Shawneetown Ridge, a 
heavily timbered wilderness of bluffs and knobs reaching up to an 
elevation of over a thousand feet, with rocky cliffs towering 
hundreds of feet above the valley floor. The Shawnee Hills are the 
heart of Southern Illinois [and] the 204,000 acre Shawnee National 
Forest. (pg. 11.)

    The Illinois State Geological Survey map ``Landforms of Illinois'' 
(1980) labels the hills within the proposed viticultural area as the 
Shawnee Hills. In addition, an Illinois Department of Natural Resources 
brochure titled ``Illinois' Natural Divisions and Biodiversity'' (April 
2002) describes the State's 14 unique natural regions. These regions 
are based upon such natural features as topology, geology, soils, and 
climate, as well as their unique flora and fauna. According to the 
brochure, the Shawnee Hills natural region consists of two sections, 
the Greater and the Lesser Shawnee Hills.
    ``Shawnee'' also appears in many other political and geographic 
names within the proposed viticultural area, including Shawneetown, 
Shawneetown Ridge, and the Shawnee National Forest, which lies largely 
within the proposed area. Furthermore, five of the wineries in the 
proposed viticultural area formed the ``Shawnee Hills Wine Trail'' in 
1996, which is described in a brochure of the same name. According to 
the petition, the names ``Shawnee Hills'' and ``Shawnee Hills Wine 
Trail'' have been used numerous times in other national, State, and 
local publications.

Boundary Evidence

    Academic and State government publications describe the boundaries 
of the Shawnee Hills landform, and the petition included copies of 
these publications. As described by Horrell, et al., the Shawnee Hills 
is an unglaciated region, which extends across southern Illinois. The 
region is about 80 miles long, from the Ohio River in the east to the 
Mississippi River in the west, and approximately 20 miles wide from 
north to south. The region's elevation is its most distinguishing 
feature, averaging roughly 400 to 800 feet higher in elevation than the 
glaciated land immediately to the north or the Mississippi and Ohio 
River flood plains immediately to the south.
    According to the petition, and the State of Illinois publications 
and maps submitted with it, the eastern boundary of the Shawnee Hills 
is the bluff line along the Ohio River, while its western boundary is 
the high bluff line above the Mississippi bottomland. The ``Natural 
Divisions and Biodiversity'' brochure notes that the Mt. Vernon Hill 
Country section of the Southern Till Plain division lies north of the 
Shawnee Hills. As noted in the petition and in the accompanying 
publications, the dividing line between the Shawnee and the Mt. Vernon 
Hill Country marks the southernmost advance of Ice Age glaciers. The 
area immediately to the south of the Shawnee Hills consists of the 
lowlands and flood plains found along the Ohio and Mississippi Rivers. 
This region, according to the petition, is commonly called the ``Cairo 
Delta.''
    As proposed, the proposed Shawnee Hills viticultural area 
boundaries largely follow the natural boundaries of the Shawnee Hills 
landform. Differences between the ``natural'' boundaries of the Shawnee 
Hills region and the proposed Shawnee Hills viticultural area are minor 
and largely a matter of convenience, such as using a road at the base 
of the Mississippi River bluff rather than a complex meandering 
elevation line to mark a portion of the proposed area's western 
boundary. The proposed viticultural area also largely follows the 
boundaries of the Shawnee National Forest, which covers much of the 
Shawnee Hills region.

Distinguishing Features

Elevation
    As noted by the petitioners and by Horrell, et al., in ``Land 
Between the Rivers,'' elevation is the most obvious feature 
distinguishing the Shawnee Hills from surrounding areas. As shown on 
the ``Paducah; Kentucky: Illinois-Missouri-Indiana'' USGS map (1987) 
submitted with the petition, the Shawnee Hills range from 400 to 800 
feet higher in elevation than the glaciated land to the north and the 
river delta land to the south. Most of the highest elevations in 
Illinois, many above 1,000 feet, are in the Shawnee Hills.
    According to the petition, spectacular hills and ridges and a 
unique mesoclimate characterize the proposed Shawnee Hills viticultural 
area. Nearly all vineyards in the proposed Shawnee Hills viticultural 
area are on ridge tops and bench lands ranging between 600 and 900 feet 
in elevation. As such, the commercial vineyards in the Shawnee Hills 
area have experienced little or no spring frost or winter freeze 
injury. An additional benefit of the Shawnee Hills topography, the 
petition notes, is the enhanced air circulation caused by constant 
summer breezes, allowing faster drying of vineyard leaves and fruit 
clusters following rain, thus minimizing the risk of fungal infections 
in an otherwise humid, wet climate.
    In contrast, the Mt. Vernon Hill County region immediately to the 
north of the Shawnee Hills was glaciated, and, as a result, is 400 to 
500 feet lower in elevation than the Shawnee Hills. The Mt. Vernon 
region also is relatively flatter with no high ridges, cliffs, or 
canyons. Horrell, et al., describe the topography of the Mt. Vernon 
Hill Country as ``rolling farmland.''
    The Cairo Delta area to the south of the Shawnee Hills is lower 
still, averaging about 300 to 400 feet in elevation, with an extremely 
flat topography that is often totally flooded by the Cache, Ohio, 
Wabash, and Mississippi Rivers, which all converge there. This area 
comprises all of the land in Illinois south of the Shawnee Hills. 
Horrell, et al. (1973), describe this area as follows:

    Beyond Shawneetown Ridge the land drops away in gentle foothills 
to the low-lying swamps and lakes along the Cache River--the ancient 
bed of the Ohio River. Beyond Cache valley you come to the flood 
plain of the Ohio River itself. Two similar flood plains border 
Southern Illinois on the east and west, forming the banks of the 
Wabash and Mississippi rivers.
Geology
    The petitioners also note that the geological characteristics of 
the Shawnee Hills are a distinguishing feature. The ``Illinois 
Geological Survey,'' compiled by H.B. William, et al. (1967), as cited 
in the petition, notes that the backbone of the Shawnee Hills is the 
Shawneetown Ridge, a high ridge of Pennsylvanian, Caseyville Formation 
Battery Rock sandstone up to 600 feet

[[Page 17942]]

thick, which runs east to west from the Ohio River south of Shawneetown 
to the Mississippi River near Chester. This rock is very obvious in the 
ridge's south-facing bluffs, as well as along the north-south roads cut 
through it. The ridge's northern slope consists primarily of 
Pennsylvania, Abbott Formation, Grindstaff sandstone up to 350 feet 
thick. The southern slope consists primarily of Mississippian Upper 
Chesterian, Grove Church shale up to 65 feet thick, and Kinkaid 
Limestone, which is 110 to 180 feet thick. The bluffs above the 
Mississippi River consist primarily of Lower Devonian Clear Creek chert 
and Backbone limestone.
    This underlying mixture of sandstone, chert, and limestone gives 
the Shawnee Hills a Karst-like topography, honeycombed with sinkholes 
and limestone caves feeding many surface springs. One of the few such 
areas in Illinois, the petition notes that this combination of steep 
slopes, rock fissures, sink holes, and caves provides the proposed 
viticultural area with superior surface and ground water drainage in a 
region that often has excessive rainfall (38 to 46 inches annually).
    In contrast, the petition notes, the Mt. Vernon Hill Country to the 
north of the Shawnee Hills was totally glaciated, resulting in much 
lower elevation, flatter topography, and a very different geology. The 
southern portion of the Mt. Vernon Hill Country consists primarily of 
Pennsylvanian, Spoon Formation, Curlew limestone layered with DeKoren 
and Davis coal, as well as Carbondale Formation, Piasa limestone with 
number 2, 5, and 6 coal. The northern part of the Mt. Vernon Hill 
Country area consists primarily of Modesto Formation Shoal Creek 
limestone 200 to 500 feet thick with number 7 and 8 coal throughout, as 
well as Bond Formation, Millersville limestone 100 to 350 thick. 
Horrell, et al. (1973), describe this area as `` a great crescent 
stretching southeast from Randolph and Perry counties to Gallatin 
county, where coal beds come so close to the surface that they have 
made this the most heavily mined region in the state.''
    Also in contrast, the Cairo Delta area south of the Shawnee Hills 
was not flattened by ice but by water from both glacial melt and the 
tremendous flow and flooding of the two largest rivers in the country--
the Mississippi and the Ohio Rivers, which eroded and replaced rock 
with clay, sand, and gravel. According to the ``Illinois State 
Geological Survey,'' the northern part of the delta area consists of 
Cretaceous, Gulfian McNary sand and Tuscaloesa gravel. The southern 
part of this area consists of Paleocene and Eocene Wilcox Formation, 
Porters Creek clay 75 to 150 feet thick.
Climate
    Another distinguishing factor of the proposed Shawnee Hills 
viticultural area, according to the petitioners, is its climate. While 
the Shawnee Hills area generally has a continental climate, as does all 
of the Midwestern United States, the hills climatically separate the 
upper Midwest from the South. As a result, the Shawnee Hills region is 
a unique grape-growing area that is significantly cooler than adjacent 
areas to the south, which are often too hot in the summer to grow 
quality grapes. The Shawnee Hills area is also significantly warmer 
than adjacent areas to the north. This provides a longer growing season 
for ripening late varieties of grapes, higher degree-days for optimum 
ripeness, and fewer winter occurrences of below-zero degree Fahrenheit 
temperatures, which can kill buds and damage wood on many grape 
varieties.
    As evidence of this unique climate, the petition included data from 
the Midwestern Climate Center (http://mcc.sws.uiuc.edu/summary) for Mt. 
Vernon, Anna, and Cairo, Illinois. Anna is located within the proposed 
Shawnee Hills viticultural area, Mt. Vernon, which is within the Mt. 
Vernon Hill Country region, is approximately 50 miles north of Anna, 
while Cairo, which is within the Cairo Delta region, is approximately 
35 miles south of Anna.
    The table shown below, which the petitioners provided, compares 
Shawnee Hills, Mt. Vernon, and Cairo temperature data. The table shows 
that the Shawnee Hills could be classified as a mid-Region IV climate 
in the Winkler heat summation climate classification system, with 3,770 
growing degree-days. (During the growing season, one degree day 
accumulates for each degree Fahrenheit that a day's average temperature 
is above 50 degrees, which is the minimum temperature required for 
grapevine growth. See ``General Viticulture,'' by Albert J. Winkler, 
University of California Press, 1974.)

                             Heat Summation as Degree-Days Above 50 Degrees Fahrenheit for the Period April 15 to October 15
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                                                                   Degree days over 50 [deg]F
                                           --------------------------------------------------------------------------
              Climate station               Apr. 15-                                              Oct.  1- Apr.  15-        Winkler climate region
                                               30      May      June     July     Aug.    Sept.      15      Oct. 15
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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 Shawnee Hills area, the average temperatures are highest 
from mid-June to mid-August during verasion and early ripening; then 
the temperatures taper off in September and October, which is the 
period of late ripening and harvest. Typically, the area experiences 
warm days and cool nights from late August to October.
    The table below, which the petitioners also provided, describes the 
length of growing season for the three areas (Mt. Vernon, Anna, and 
Cairo). For the Shawnee Hills, the median last spring frost occurs by 
April 10. In 10 percent of the years, the last frost occurred after 
April 23. North of this area, the median last spring frost occurs in 
mid-April, with 10 percent occurring after May 2. Since bud break 
generally occurs during the second week of April, areas to the north of 
the Shawnee Hills often experience more bud and shoot damage due to 
late frost. Also, since the first frost in the fall occurs one to three 
weeks later in the Shawnee Hills than in areas to the north, late 
varieties such as Chambourcin and Norton ripen more fully before leaf 
drop.

[[Page 17943]]



                                        Growing Season Summary, 1961-1990
                                   [Base Temperature = 32 Degrees Fahrenheit]
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                                 Date of last spring frost   Date of first fall frost   Length of growing season
                                         occurrence                 occurrence        --------------------------
            Station             ------------------------------------------------------
                                  Median    90%      10%     Median    90%      10%     Median    90%      10%
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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 is a continental climate, one 
of the limiting factors in growing quality wine grapes is dormant wood 
and bud damage due to extreme cold temperatures in the winter. The next 
table, as provided by the petitioners, shows that the Shawnee Hills 
area averages 81 days below 30 degrees Fahrenheit and 1.8 days below 0 
degrees Fahrenheit each year. The region immediately to the north 
averages 104 days below 30 degrees Fahrenheit and 3.5 days below 0 
degrees Fahrenheit. One or two days of extreme cold can mean the 
difference between a full crop and healthy wood, and a partial crop and 
damaged wood.

                                      Average Annual Temperature Variation
                                   [Averages: 1961-1990; Extremes: 1896-2000]
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                                                  Average annual temperature  (degrees  Annual number of days of
                                                              fahrenheit)                  minimum temperature
                    Station                     ----------------------------------------------------------------
                                                   Maximum      Minimum        Mean      <32[deg] F   <0[deg] F
----------------------------------------------------------------------------------------------------------------
Mt. Vernon.....................................         65.0         42.9         54.0          104          3.5
Anna...........................................         67.1         46.1         56.6           81          1.8
Cairo..........................................         67.5         49.9         58.7           64         0.7
----------------------------------------------------------------------------------------------------------------
Source Midwest Climate Center Data: http://mcc.sws.uiuc.edu/summary/data.

Rainfall
    The petitioners note that while rainfall does not appear to be a 
distinguishing feature for the proposed Shawnee Hills viticultural 
area, the area's drainage capacity does differ from that of surrounding 
areas.
    Because of its well-drained soils, steep topography, and limestone 
base, the Shawnee Hills can shed excess water more quickly and 
completely than adjacent areas. In the Shawnee Hills area, most 
precipitation occurs in the spring months of March through May. The 
driest months are generally September and October, which receive an 
average of only 2 to 3 inches per month. Although the area receives 
excessive rainfall on an annual basis, the growing season and the 
harvest months are more moderate in terms of rainfall. The drier 
harvest months allow grapes to develop more intensity in flavor, color, 
sugar, and acid. In most years, the petition states, the Shawnee Hills 
vineyards produce wine grapes that are very well balanced relative to 
these quality parameters.
Soils
    While noting that soils vary in the large Shawnee Hills area, which 
includes 11 counties, the petitioners offer a general description 
contrasting the soils of the proposed area with the soils of adjacent 
areas. As noted on the ``General Soil Map of Illinois,'' prepared by 
J.B. Fehrenbacher (1982), the soils in the proposed Shawnee Hills 
viticultural area are, generally, class XIII and class XIV, which tend 
to be thin loess with or without residuum on limestone or interbedded 
sandstone, siltstone, and shale. The main soils are Alford, Hosmer, 
Wellston, and Zanesville. All of these soils are light colored, 
moderately developed, and moderately well drained. The western and 
southern parts of the area tend to have deeper soils, 12 to 20 feet 
thick, on limestone. The central and northern parts of the area tend to 
have soil that is 20 to 48 inches thick on sandstone, siltstone, and 
shale. The primary viticultural advantage of the soils within the 
Shawnee Hills is that they are moderately well drained and are of low 
fertility.
    Soil drainage in the Shawnee Hills area is moderate to excellent. 
In this area of Karst topography, the loess soils, which tend to erode 
easily, are very good for quality vines and grapes. However, the best 
vineyard sites within the proposed Shawnee Hills viticultural area are 
on flat ridge tops and bench lands with deep soils that are not highly 
eroded.
    In contrast, the soil north of the Shawnee Hills in the Mt. Vernon 
Hill Country is class II, which is primarily thick loess (30 to 70 
inches) on Illinois drift. The main soils are Stoy, Weir, Bluford, 
Wynoose, Colp, and Del Rey. These soils tend to be much deeper than 
those in the Shawnee Hills, as well as more fertile but with much 
poorer drainage. In general, these soils are more suited to growing 
such crops as corn and soybeans, which are the primary crops of the Mt. 
Vernon Hill Country, than to growing apples, peaches, and grapes, which 
are the primary crops in the Shawnee Hills area.
    In contrast, the soils south of the Shawnee Hills in the Cairo 
Delta are primarily class XV, which are sandy to clay alluvial 
sediments on bottomlands. The soils include Lawson, Sawmill, Darwin, 
Haymond, Perrolia, and Karnak. These soils tend to be poorly developed 
and poorly drained. These bottomlands, which dominate this area, are 
not suitable for growing grapes, according to the petition.

Boundary Description

    See the narrative boundary description of the petitioned-for 
viticultural area in the proposed regulatory text published at the end 
of this notice.

[[Page 17944]]

Maps

    The petitioners provided the required maps, and we list them below 
in the proposed regulatory text.

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. If we establish this proposed viticultural area, its 
name, ``Shawnee Hills,'' will be recognized as a name of viticultural 
significance. Consequently, wine bottlers using ``Shawnee Hills'' in a 
brand name, including a trademark, or in another label reference as to 
the origin of the wine, will have to ensure that the product is 
eligible to use the viticultural area's name as an appellation of 
origin. On the other hand, we do not believe that ``Shawnee'' standing 
alone would have viticultural significance if the new area were 
established. We note in this regard that while searches of the 
Geographic Names Information System maintained by the U.S. Geological 
Survey show no entries for ``Shawnee Hills'' in Illinois, there are 
entries for ``Shawnee'' standing alone or in conjunction with words 
such as ``Creek,'' ``Lake,'' ``Peak,'' or ``Valley'' in 29 States. 
Accordingly, the proposed part 9 regulatory text set forth in this 
document specifies only the full ``Shawnee Hills'' name as a term of 
viticultural significance for purposes of part 4 of the TTB 
regulations.
    For a wine to be eligible to use as an appellation of origin the 
name of a viticultural area specified in part 9 of the TTB regulations, 
at least 85 percent of the grapes used to make the wine must have been 
grown within the area represented by that name, and the wine must meet 
the other conditions listed in 27 CFR 4.25(e)(3). If the wine is not 
eligible to use the viticultural area name as an appellation of origin 
and that name 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 
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 
new label or a previously approved label uses the name ``Shawnee 
Hills'' for a wine that does not meet the 85 percent standard, the new 
label will not be approved, and the previously approved label will be 
subject to revocation, upon the effective date of the approval of the 
Shawnee Hills viticultural area.
    Different rules apply if a wine has a brand name containing a 
viticultural area name that was used as a brand name on a label 
approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.

Public Participation

Comments Invited

    We invite comments from interested members of the public on whether 
we should establish the proposed viticultural area. We are also 
interested in receiving comments on the sufficiency and accuracy of the 
name, climactic, boundary, and other required information submitted in 
support of the petition. Please provide any available specific 
information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Shawnee Hills viticultural area on brand labels that include 
the words ``Shawnee Hills'' as discussed above under Impact on Current 
Wine Labels, we are particularly interested in comments regarding 
whether there will be a conflict between the proposed area name and 
currently used brand names. If a commenter believes that a conflict 
will arise, the comment should describe the nature of that conflict, 
including any negative economic impact that approval of the proposed 
viticultural area will have on an existing viticultural enterprise. We 
are also interested in receiving suggestions for ways to avoid any 
conflicts, for example by adopting a modified name for the viticultural 
area.
    Although TTB believes that only the full name ``Shawnee Hills'' 
should be considered to have viticultural significance upon 
establishment of the proposed new viticultural area, we also invite 
comments from those who believe that ``Shawnee'' standing alone would 
have viticultural significance upon establishment of the area. Comments 
in this regard should include documentation or other information 
supporting the conclusion that use of ``Shawnee'' on a wine label could 
cause consumers and vintners to attribute to the wine in question the 
quality, reputation, or other characteristic of wine made from grapes 
grown in the proposed Shawnee Hills viticultural area.

Submitting Comments

    Please submit your comments by the closing date shown above in this 
notice. Your comments must include this notice number and your name and 
mailing address. Your comments must be legible and written in language 
acceptable for public disclosure. We do not acknowledge receipt of 
comments, and we consider all comments as originals. You may submit 
comments in one of five ways:
     Mail: You may send written comments to TTB at the address 
listed in the ADDRESSES section.
     Facsimile: You may submit comments by facsimile 
transmission to 202-927-8525. Faxed comments must--
    (1) Be on 8.5 by 11 inch paper;
    (2) Contain a legible, written signature; and
    (3) Be no more than five pages long. This limitation assures 
electronic access to our equipment. We will not accept faxed comments 
that exceed five pages.
     E-mail: You may e-mail comments to [email protected]. Comments 
transmitted by electronic mail must--
    (1) Contain your e-mail address;
    (2) Reference this notice number on the subject line; and
    (3) Be legible when printed on 8.5 by 11 inch paper.
     Online form: We provide a comment form with the online 
copy of this notice on our Web site at http://www.ttb.gov/alcohol/rules/index.htm. Select the ``Send comments via e-mail'' link under 
this notice number.
     Federal e-rulemaking portal: To submit comments to us via 
the Federal e-rulemaking portal, visit http://www.regulations.gov and 
follow the instructions for submitting comments.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine, in light of all circumstances, whether to hold a public 
hearing.

Confidentiality

    All submitted material is part of the public record and subject to 
disclosure. Do not enclose any material in your comments that you 
consider confidential or inappropriate for public disclosure.

Public Disclosure

    You may view copies of this notice, the petition, the appropriate 
maps, and any comments we receive by appointment at the TTB Library at 
1310 G Street, NW., Washington, DC 20220. You may also obtain copies at 
20 cents per 8.5 x 11 inch page. Contact our librarian at the above 
address or by telephone at 202-927-2400 to schedule an appointment or 
to request copies of comments.
    For your convenience, we will post this notice and any comments we 
receive on this proposal on the TTB Web site. We may omit voluminous 
attachments or material that we consider unsuitable for posting. In all 
cases, the full comment will be available in the TTB Library. To access 
the online

[[Page 17945]]

copies of this notice and the posted comments, visit http://www.ttb.gov/alcohol/rules/index.htm. Select the ``View Comments'' link 
under this notice number to view the posted comments.

Regulatory Flexibility Act

    We certify that this proposed regulation, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The proposed regulation imposes no new reporting, 
recordkeeping, or other administrative requirement. Any benefit derived 
from the use of a viticultural area name would be the result of a 
proprietor's efforts and consumer acceptance of wines from that area. 
Therefore, no regulatory flexibility analysis is required.

Executive Order 12866

    This proposed rule is not a significant regulatory action as 
defined by Executive Order 12866, 58 FR 51735. Therefore, it requires 
no regulatory assessment.

Drafting Information

    Rita Butler of the Regulations and Procedures Division drafted this 
notice.

List of Subjects in 27 CFR Part 9

    Wine.

The Proposed Amendment

    For the reasons discussed in the preamble, we propose to amend 27 
CFR, chapter 1, part 9 as follows:

PART 9--AMERICAN VITICULTURAL AREAS

    1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

    2. Amend subpart C by adding Sec.  9.---- to read as follows:


Sec.  9.----  Shawnee Hills.

    (a) Name. The name of the viticultural area described in this 
section is ``Shawnee Hills''. For purposes of part 4 of this chapter, 
``Shawnee Hills'' is a term of viticultural significance.
    (b) Approved Maps. The United States Geological Survey (USGS) 
1:250,000-scale topographic map used to determine the boundary of the 
Shawnee Hills viticultural area is titled: Paducah: Kentucky-Illinois, 
Missouri-Indiana, 1:250,000-scale metric topographic map, 1 x 2 degree 
quadrangle, edition 1987.
    (c) Boundary. The Shawnee Hills viticultural area is located in 
southern Illinois between the Ohio and Mississippi Rivers, and largely 
within the Shawnee National Forest. The area's boundary is defined as 
follows--
    (1) Beginning at the intersection of State Routes 3 and 150 in the 
town of Chester (Randolph County), proceed northeast on Route 150 to 
its intersection with the surveyed boundary line between Township 6 
South (T6S) and Township 7 South (T7S); then
    (2) Proceed due east along the T6S/T7S boundary line until it 
becomes the boundary between Perry and Jackson Counties, and continue 
east along the Perry/Jackson County line to State Route 4; then
    (3) Proceed southeast on State Route 4 through the villages of 
Campbell Hill, Ava, and Oraville to its intersection with State Route 
13/127; then
    (4) Proceed south on State Route 13/127 to the intersection where 
State Routes 13 and 127 divide in the town of Murphysboro; then
    (5) Proceed east on State Route 13 through the city of Carbondale 
to State Route 13's intersection with Interstate 57; then
    (6) Proceed south on Interstate 57 to its intersection with State 
Route 148; then
    (7) Proceed southeast on State Route 148 to its intersection with 
State Route 37; then
    (8) Proceed south on State Highway 37 to Saline Creek; then
    (9) Proceed northeasterly (downstream) along Saline Creek to its 
confluence with the South Fork of the Saline River, then continue 
easterly (downstream) along the South Fork of the Saline River to its 
confluence with the Saline River, then continue easterly and then 
southeasterly (downstream) along the Saline River to its confluence 
with the Ohio River near Saline Landing; then
    (10) Proceed southwesterly (downstream) along the Ohio River to the 
Interstate 24 bridge; then
    (11) Proceed north on Interstate 24 to its intersection with the 
New Columbia Ditch (with the towns of Big Bay to the northeast and New 
Columbia to the northwest); then
    (12) Proceed westerly along the New Columbia Ditch to its 
confluence with the Main Ditch, and continue westerly along the Main 
Ditch to its confluence with the Cache River (near the Cache River's 
confluence with the Post Creek Cutoff), approximately 1.5 miles east-
northeast of the village of Karnak; then
    (13) Proceed westerly (downstream) along the Cache River, passing 
under Interstate 57 near the village of Ullin, and continue 
southeasterly along the Cache River to the river's confluence with 
Sandy Creek (northeast of the village of Sandusky); then
    (14) Proceed westerly (upstream) along Sandy Creek approximately 4 
miles to its junction with an unnamed secondary road (known locally as 
Alexander County Road 4); then
    (15) Proceed south along the unnamed secondary road (Alexander 
County Road 4) to its junction with State Route 3 at the village of 
Olive Branch; then
    (16) Proceed northwest on State Route 3 to its intersection with 
the Main Ditch (also known locally as Sexton Creek) at the village of 
Gale; then
    (17) Proceed northerly along Main Ditch and Clear Creek Ditch to a 
light-duty road (known locally as State Forest Road) near the southwest 
corner of the Trail of Tears State Forest, approximately 3.75 miles 
east of the village of Wolf Lake; then
    (18) Proceed west on the light-duty road (State Forest Road) to its 
intersection with State Route 3 just south of Wolf Lake; then
    (19) Proceed north on State Route 3 to its junction with the Big 
Muddy River (near the village of Aldridge), and continue north 
(upstream) along the Big Muddy River to its confluence with Kincaid 
Creek near the village of Grimsby; then
    (20) Continue northerly along Kincaid Creek to its junction with 
State Route 149; then
    (21) Proceed west on State Route 149 to its junction with State 
Route 3, and then continue northwest along State Route 3 to the 
beginning point in the town of Chester.

    Signed: March 31, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-6994 Filed 4-7-05; 8:45 am]
BILLING CODE 4810-31-P