[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.''
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\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.
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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