[Federal Register Volume 71, Number 227 (Monday, November 27, 2006)]
[Rules and Regulations]
[Pages 68463-68472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20023]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[T.D. TTB-57; Re: Notice No. 39]
RIN 1513-AA70


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

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

ACTION: Final rule; Treasury decision.

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SUMMARY: This Treasury decision establishes the Shawnee Hills 
viticultural area in the Shawnee National Forest region of southern 
Illinois. We designate viticultural areas to allow vintners to better 
describe the origin of their wines and to allow consumers to better 
identify wines they may purchase.

DATES: Effective Date: December 27, 2006.

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

[[Page 68464]]


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 consumers with adequate information regarding a product's 
identity and prohibits the use of misleading information on those 
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 geographic 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.

Rulemaking Proceedings

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 the ``Shawnee Hills'' 
American viticultural area in southern Illinois. The proposed Shawnee 
Hills viticultural area lies within portions of Alexander, Gallatin, 
Hardin, Jackson, Johnson, Pope, Pulaski, Randolph, Saline, Union, and 
William counties. The Shawnee National Forest is located largely within 
the proposed area. The proposed viticultural area covers about 2,140 
square miles or 1.37 million acres between the Ohio and Mississippi 
Rivers, and is approximately 80 miles long east to west and 20 miles 
wide north to south. The proposed Shawnee Hills viticultural area 
encompasses a region of unglaciated hills and ridges that are from 400 
to 800 feet higher in elevation than the flatter, glaciated land to the 
north and the river flood plains to the south.
    Below, we discuss the evidence presented in the Shawnee Hills 
viticultural area petition.
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 academic and State government publications document the 
continued use of the name. 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 wineries within 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
    People have raised grapes in southern Illinois and the Shawnee 
Hills since 1860, according ``Grape Culture'' by W.E. Gould (1891) as 
cited in the petition. The region 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 Association Conference Proceedings'' (2000). Currently, there 
are eight wineries and 51 vineyards with approximately 160 acres 
planted to wine varietals within the proposed Shawnee Hills 
viticultural area, the petition states, citing ``1999 Grape Growers and 
Vintner's Survey,'' in ``Illinois Grape Growers and Vintners 
Association Conference Proceedings'' (2000).
    Academic and Illinois 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 a region of unglaciated hills and ridges that extends 
across southern Illinois, 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

[[Page 68465]]

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 and 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 
landform is the bluff line along the Ohio River, while the landform's 
western boundary is the high bluff line above the Mississippi 
bottomland. The ``Illinois' 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 the petition 
and the accompanying publications note, the dividing line between the 
Shawnee Hills region 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.''
    Differences between the natural boundaries of the Shawnee Hills 
region and the boundaries of the proposed Shawnee Hills viticultural 
area are minor and largely a matter of convenience. For example, a road 
near the base of the Mississippi River bluff rather than a complex 
meandering elevation line is used to mark a portion of the proposed 
area's western boundary. The proposed Shawnee Hills viticultural area 
boundary also follows, in places, the boundary 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, according to the 
petition, which adds that the Mt. Vernon region is relatively flatter 
with no high ridges, cliffs, or gorges. 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 Mississippi, Ohio, 
Wabash, and Cache Rivers, which all converge there. This delta region 
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 thick, which runs east to west 
from the Ohio River south of the village of Shawneetown to the 
Mississippi River near the town of 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 
Pennsylvanian, 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, the petition states. 
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 lower 
elevations, flatter topography, and a 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 coals. 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 petition notes that the Cairo Delta area 
south of the Shawnee Hills was flattened 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, 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 the delta region 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

[[Page 68466]]

does all of the Midwestern United States, the hills climatically 
separate the upper Midwest from the South. The petition states that the 
Shawnee Hills region is warmer than the adjacent areas to the north but 
cooler than the adjacent areas to the south, which are often too hot in 
the summer to grow quality grapes. This climate 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, according to the petition.
    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 median 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
                                   ------------------------------------------------------------------------------------------------    Winkler climate
         Climate  station                                                                                               Apr 15-Oct         region
                                     Apr 15-30      May         Jun         Jul         Aug        Sept      Oct 1-15       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
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Source Midwest Climate Center Data: http://mcc.sws.uiuc.edu/summary/data.

    For the proposed Shawnee Hills viticultural area, average 
temperatures are highest from mid-June to mid-August during 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.

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

[[Page 68467]]

 
Cairo...........................            67.5            49.9            58.7              64             0.7
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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 Shawnee Hills region, the 
petitioners provided 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 are class II, which are 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 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. The soils south of the 
Shawnee Hills in the Cairo Delta, according to the petition, 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.

Notice of Proposed Rulemaking

    On April 8, 2005, TTB published a notice of proposed rulemaking 
regarding the establishment of the Shawnee Hills viticultural area in 
the Federal Register (70 FR 17940) as Notice No. 39. Comments on the 
proposed establishment of the Shawnee Hills viticultural area were due 
on or before June 7, 2005.

Comments Received

    We received 46 comments in response to Notice No. 39. Of those, 28 
comments supported the petition and 18 comments opposed the petition, 
including one comment with 84 additional signatures attached.
    Supporting commenters included the Governor of Illinois, two 
officers of the Illinois Grape Growers and Vintners Association 
(IGGVA), a representative of the Southernmost Illinois Tourism Bureau, 
various wine industry members with interests within the proposed area, 
and several wine consumers. In addition, TTB received a detailed 
response to the opposing comments from one of the original Shawnee 
Hills petitioners, Dr. Theodore F. Wichmann, president of Owl Creek 
Vineyard, Inc.
    Opposing commenters included industry members with interests in 
southern Illinois outside of the proposed area, the president of the 
Greater Shawnee Grape Growers Association (GSGGA), and the mayors of 
Pulaski and Benton, Illinois.
    Below, we discuss the issues raised by the opposing commenters. We 
discuss some opposing comments individually, and where more than one 
opposing comment covers the same issue, we address those comments as a 
group. Where applicable, we also discuss Dr. Wichmann's responses to 
the opposing comments. We do not discuss the 28 supporting comments in 
detail.

Opposing Comments in Support of a Larger Viticultural Area

    All commenters opposed to the establishment of the proposed Shawnee 
Hills viticultural area as outlined in Notice No. 39 express support 
for expanding the proposed viticultural area and naming it ``Shawnee,'' 
``Greater Shawnee,'' or ``Southern Illinois.'' For example, an industry 
member associated with the Shawnee Winery comments that ``the area 
should be designated as all of Southern Illinois south of Interstate 64 
and from the Mississippi River to the Wabash River.'' A few commenters 
support an even larger viticultural area encompassing all of Illinois 
south of Interstate 70.
Economic Consequences, Development, and Support
    Most opposing commenters supporting the designation of a larger 
viticultural area in southern Illinois note that more growers would 
reap the economic benefits from inclusion within a larger viticultural 
area. One commenter states that a viticultural area encompassing all of 
Illinois south of Interstate 64 would double the number

[[Page 68468]]

of growers able to benefit from inclusion in a viticultural area. 
Another commenter believes that the number of benefiting growers could 
triple. Several opposing commenters also add that, with a larger 
viticultural area, wineries would have more grapes to choose from.
    Some opposing commenters also state that exclusion from the 
proposed Shawnee Hills viticultural area would have negative economic 
consequences for their operations and those of other excluded southern 
Illinois growers. For example, the owner of the Flint Hill Vineyard 
near Muddy, Illinois, states that exclusion from the proposed area 
would ``negatively affect the price of my grapes,'' and that as a 
result he could be displaced by novice growers. A Carbondale-area 
grower also notes that exclusion from the proposed Shawnee Hills 
viticultural area ``would put my grapes in a competitive disadvantage 
and impose economic hardship on my existing enterprise.''
    In addition, several opposing commenters state that the creation of 
a smaller, rather than a larger, viticultural area in southern Illinois 
would negatively affect economic development efforts in the region. A 
commenter associated with the Office of Economic and Regional 
Development at Southern Illinois University states, ``The future of the 
viticultural industry in southern Illinois is dependent upon a whole 
region, not the gerrymandered version being proposed.'' The owners of 
the Lost Creek Vineyard near Benton, Illinois, believe that the 
development of grape growing in southern Illinois should be given the 
same consideration in setting the boundaries of the proposed 
viticultural area as soil and climate conditions.
    Several opposing commenters fear that economic development 
incentives and technical assistance offered by the State of Illinois to 
viticulturists, as well as U.S. Department of Agriculture assistance 
and loans, could be denied to growers outside of the proposed 
viticultural area. In particular, three growers who identified 
themselves as minority group members commented on this concern. Noting 
his exclusion from the proposed Shawnee Hills viticultural area, one 
such grower from Carrier Mills, Illinois, believes that it is ``highly 
likely in the future I will hear that the location of my vineyard does 
not justify any State support'' or support from the banking 
establishment.
Arbitrary Boundaries
    Some opposing commenters state that the proposed Shawnee Hills 
viticultural area boundaries are arbitrary, leaving some growers 
outside the proposed area by a few miles or, in some cases, ``by a 
matter of a few hundred feet!'' Others contend the proposed 
viticultural area boundary is arbitrary since it does not encompass 
most growers in southern Illinois or does not include all of the 
historic grape growing areas within southern Illinois. For example, the 
mayor of Benton, Illinois, comments that ``[t]here are just too many 
vineyards scattered through [southern Illinois] to pretend to draw an 
artificial line * * * along the bottom of ditches, unnamed dirt roads, 
and through the center of communities like Carbondale and Marion.''
    While most opposing commenters expressed their support for a larger 
viticultural area in general terms, several other industry members 
sought the addition of specific vineyard properties to the viticultural 
area as proposed. For example, the owner of the Flint Hill Vineyard 
notes that while members of his family have grown grapes on the same 
ridge since the 1920s, that ridge was excluded from the proposed 
viticultural area by a few miles. The president of the GSGGA states 
that his vineyard is outside of the proposed Shawnee Hills viticultural 
area ``by less than one-quarter mile.''
Lack of Distinguishing Characteristics
    A few opposing commenters also state that the boundary of the 
proposed Shawnee Hills viticultural area is arbitrary since the 
proposed area is not truly distinguishable from the rest of southern 
Illinois based on its geography, climate, or soils.
    In his comment, the president of the GSGGA included a table showing 
the elevation of various southern Illinois communities in support of 
his contention that the elevations found inside and outside the 
proposed Shawnee Hills viticultural area are not significantly 
different. These elevation differences between the proposed 
viticultural area and the surrounding region, this opposing commenter 
concludes, ``are not significant enough to warrant a case for different 
growing conditions,'' and thus will not result in ``detectable flavor 
differences'' in the resulting wine.
    The GSGGA president notes in particular that, given the 30-mile 
distance between them, the difference in elevation between Alto 
Vineyards, one of the highest vineyards within the proposed Shawnee 
Hills viticultural area, and his Monte Alegre Vineyard, outside of the 
proposed area, results in only a slope of 0.20 percent. In terms of 
climate, he states that ``elevation differences of the order or 300 
feet for over 30 to 40 miles do not present a topographical hurdle for 
the large continental air masses that dominate the climate of the 
region.'' This commenter notes that the relative flatness and location 
in the center of the continent gives southern Illinois ``very uniform 
climatic characteristics.''
    Other commenters also contend that there is little difference in 
the climate of the proposed Shawnee Hills viticultural area when 
compared with the climate of the surrounding region of southern 
Illinois, particularly as measured in average temperatures, last and 
first frost dates, heat accumulation as measured in degree days,\1\ or 
in average rainfall. One grower notes, ``Every year, the trees bud and 
turn at the same time, the farmers plant and harvest at the same time, 
[and] the rivers are all high or low at the same time.''
---------------------------------------------------------------------------

    \1\ As a measurement of heat accumulation during the growing 
season, one degree day accumulates for each degree Fahrenheit that a 
day's mean 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.
---------------------------------------------------------------------------

    A few opposing commenters also questioned the soil differences 
outlined by the original petitioners. One commenter notes that soils in 
southern Illinois ``are mostly all acidic, heavy soils, with organic 
content in the 1 to 2% range or less, and although they may exhibit 
differences in texture, this texture can change within a single 
vineyard.'' This commenter adds ``these marginal differences will be 
undetectable in the wine.''
Other Issues
    Some opposing commenters believe inclusion within a viticultural 
area is a judgment of the quality of an area's fruit and that grapes 
from vineyards outside of the proposed area will be regarded as 
substandard. The mayor of Pulaski, Illinois, states in his comment that 
the Shawnee Hills petition ``simply assumes'' that the hills 
surrounding the village are ``substandard for grapes.'' One opposing 
commenter questioned the value of establishing a viticultural area in a 
region that grows only French-American hybrids and North American 
varieties since these ``do not aspire to the flavor complexities'' 
usually found in wines from viticultural areas growing vinifera grapes. 
In addition, a few opposing commenters note that the petitioners did 
not consult with growers outside the proposed Shawnee Hills 
viticultural area in developing their proposal.
Petitioner's Response
    Regarding the economic issues raised by the opposing commenters, 
the lead

[[Page 68469]]

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

[[Page 68470]]

proposed viticultural area's boundary may fall slightly inside or 
outside of the Shawnee Hills landform's natural boundary. As noted in 
Notice No. 39, rather than using the exact natural limit of the Shawnee 
Hills, which is delineated by a complex set of elevation lines, we mark 
the boundary of the proposed viticultural area using more convenient 
features, such as nearby roads and streams. This is consistent with our 
past practice regarding the use of features different from a 
viticultural area's natural extent to draw its boundary. (For example, 
see the Boundary Description section of T.D. TTB-27, Establishment of 
the Ribbon Ridge Viticultural Area, published in the Federal Register 
on June 1, 2005, at 70 FR 31342.)
    However, TTB will entertain a properly prepared and submitted 
petition from any interested party regarding the establishment of a 
larger viticultural area in southern Illinois under an appropriate 
name. Section 4.25(e)(2) of the TTB regulations outlines the 
requirements for proposing an American viticultural area. A 
viticultural area petition must include evidence related to the 
proposed area's name, its boundaries, and its distinguishing geographic 
features, as well as a specific description of and maps showing the 
proposed area's boundaries. For details, see the Requirements section 
above and Sec.  9.3(b) of our regulations.
    In addition, TTB notes that all Illinois vintners may use 
``Illinois'' or the name of an Illinois county as an appellation of 
origin provided that the wine in question meets the requirements of 27 
CFR 4.25. Multistate and multicounty appellations can also be claimed 
for some wines (see Sec.  4.25(c) and (d) for details).

Opposing Comments Regarding Possible Consumer Confusion

    As noted above, all commenters opposing the establishment of the 
proposed Shawnee Hills viticultural area express support for a larger 
viticultural area to be named ``Shawnee,'' ``Greater Shawnee,'' or 
``Southern Illinois.'' In addition, one commenter states that the 
Shawnee Hills name is inappropriate and could cause consumer confusion 
since that name is associated with a ``small five or six winery wine 
trail'' that ``represents a very small geographic area'' within the 
proposed viticultural area. The same commenter adds that the Shawnee 
Hills name ignores that the grapegrowing and winemaking area ``already 
accepted by the public'' includes all of southern Illinois.
    A similar comment states that some consumers may come to believe 
that only those wineries located along the Shawnee Hills Wine Trail are 
included in the Shawnee Hills viticultural area. Likewise, the 
president of the GSGGA notes in his comment that other localities in 
Kentucky and Ohio also are known as ``Shawnee Hills,'' which he 
believes could cause consumer confusion over the location of a Shawnee 
Hills viticultural area.
Petitioner's Response
    The lead Shawnee Hills petitioner sees no potential for consumer 
confusion since Shawnee Hills ``is the name of the landform itself'' 
and that name is used by agencies of the State of Illinois, ``as well 
as by many others.'' The petitioner adds that ``Southern Illinois'' or 
``Little Egypt'' may be appropriate for a larger, regional viticultural 
area.
TTB Response
    After considering the petition evidence and the comments received, 
TTB concludes that the ``Shawnee Hills'' name is appropriate for the 
proposed viticultural area. We note that the Illinois State Geological 
Survey's ``Landforms of Illinois'' map labels the landform within the 
proposed Shawnee Hills viticultural area as the Shawnee Hills. Other 
State of Illinois publications also use this name for the hills and 
ridges located within the proposed viticultural area. TTB believes the 
names ``Greater Shawnee,'' ``Southern Illinois'' or ``Little Egypt'' 
may best be associated with a region larger than the proposed Shawnee 
Hills viticultural area and, therefore, are not appropriate for the 
smaller proposed viticultural area. As noted above, we will consider a 
petition to create a larger viticultural area in southern Illinois 
under an appropriate name.
    We also believe that the use of the Shawnee Hills name will not 
cause consumers to confuse the proposed viticultural area with the wine 
trail within it. We believe that most wine consumers understand that a 
viticultural area encompasses more land than the winery or vineyard 
properties located along any given winery driving tour.
    In addition, we believe that consumers will not confuse the 
proposed Shawnee Hills viticultural area with similarly named places in 
Kentucky and Ohio. We note that Shawnee Hills, Kentucky, is a real 
estate development on the eastern shore of Lake Barkley, while the 
unincorporated community of Shawnee Hills in Greene County, Ohio, is a 
housing development built around an artificial lake. The village of 
Shawnee Hills in Delaware County, Ohio, is now a suburb of the city of 
Columbus. We do not believe that any of these non-rural places are or 
will become known as grape-growing areas. We also note that our 
regulations do not require that the name of a proposed viticultural 
area be absolutely exclusive to the area in question.

TTB Finding

    After careful review of the petition and the comments received, TTB 
finds that the evidence submitted supports the establishment of the 
proposed Shawnee Hills viticultural area. Therefore, under the 
authority of the Federal Alcohol Administration Act and part 4 of our 
regulations, we establish the ``Shawnee Hills'' viticultural area in 
Alexander, Gallatin, Hardin, Jackson, Johnson, Pope, Pulaski, Randolph, 
Saline, Union, and William counties in southern Illinois, effective 30 
days from the publication date of this document.

Boundary Description

    See the narrative boundary description of the viticultural area in 
the regulatory text published at the end of this document.

Maps

    The maps for determining the boundary of the viticultural area are 
listed below in the regulatory text.

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. With the establishment of this viticultural area and 
its inclusion in part 9 of the TTB regulations, its name, ``Shawnee 
Hills,'' is recognized under 27 CFR 4.39(i)(3) as a name of 
viticultural significance. The text of the new regulation clarifies 
this point. 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 has viticultural significance. A search of the Geographic Names 
Information System maintained by the U.S. Geological Survey shows no 
entries for ``Shawnee Hills,'' but does show entries for ``Shawnee'' 
standing alone or in conjunction with words such as ``Creek,'' 
``Lake,'' ``Peak,'' or ``Valley'' in 29 States. We therefore conclude 
that ``Shawnee'' standing alone does not have a geographical context or 
meaning

[[Page 68471]]

that is generally limited to the location of the Shawnee Hills 
viticultural area. Accordingly, the 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 or other term specified as being 
viticulturally significant in part 9 of the TTB regulations, at least 
85 percent of the wine must derive from grapes grown within the area 
represented by that name or other term, and the wine must meet the 
other conditions listed in 27 CFR 4.25(e)(3). If the wine is not 
eligible to use the viticultural area name or other term as an 
appellation of origin and that name or term appears in the brand name, 
then the label is not in compliance and the bottler must change the 
brand name and obtain approval of a new label. Similarly, if the 
viticultural area name or other term appears in another reference on 
the label in a misleading manner, the bottler would have to obtain 
approval of a new label.
    Different rules apply if a wine has a brand name containing a 
viticultural area name or other viticulturally significant term that 
was used as a brand name on a label approved before July 7, 1986. See 
27 CFR 4.39(i)(2) for details.

Regulatory Flexibility Act

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

Executive Order 12866

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

Drafting Information

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

List of Subjects in 27 CFR Part 9

    Wine.

The Amendment

0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1, 
part 9 as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Amend subpart C by adding Sec.  9.206 to read as follows:


Sec.  9.206  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, 1987 edition.
    (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 boundary of the Shawnee Hills 
viticultural area is described below--
    (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

[[Page 68472]]

Route 3 to the beginning point in the town of Chester.

    Signed: September 25, 2006.
John J. Manfreda,
Administrator.
    Approved: October 27, 2006.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. E6-20023 Filed 11-24-06; 8:45 am]
BILLING CODE 4810-31-P