[Federal Register Volume 76, Number 199 (Friday, October 14, 2011)]
[Proposed Rules]
[Pages 63852-63858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-26298]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2011-0007; Notice No. 121]
RIN 1513-AB82


Proposed Establishment of the Wisconsin Ledge Viticultural Area

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to 
establish the approximately 3,800 square-mile ``Wisconsin Ledge'' 
viticultural area in northeast Wisconsin. TTB designates viticultural 
areas to allow vintners to better describe the origin of their wines 
and to allow consumers to better identify wines they may purchase. TTB 
invites comments on this proposed addition to its regulations.

DATES: TTB must receive your comments on or before December 13, 2011.

ADDRESSES: Please send your comments on this notice to one of the 
following addresses:
     http://www.regulations.gov (via the online comment form 
for this notice as posted within Docket No. TTB-2011-0007 at 
``Regulations.gov,'' the Federal e-rulemaking portal);
     U.S. Mail: Director, Regulations and Rulings Division, 
Alcohol and Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, 
DC 20044-4412; or
     Hand delivery/courier in lieu of mail: Alcohol and Tobacco 
Tax and Trade Bureau, 1310 G Street, NW., Suite 200-E, Washington, DC 
20005.
    See the Public Participation section of this notice for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing.
    You may view copies of this notice, selected supporting materials, 
and any comments TTB receives about this proposal at http://www.regulations.gov within Docket No. TTB-2011-0007. A link to that 
docket is posted on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 121. You also may view copies of this 
notice, all related petitions, maps, or other supporting materials, and 
any comments TTB receives about this proposal by appointment at the TTB 
Information Resource Center, 1310 G Street, NW., Washington, DC 20220. 
Please call 202-453-2270 to make an appointment.

FOR FURTHER INFORMATION CONTACT: Elisabeth C. Kann, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street, NW., Washington, DC 20220; phone 202-453-1039, ext. 002.

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels, and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the 
regulations promulgated under the FAA Act.
    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) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas and lists 
the approved American 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 having distinguishing features as described in part 9 of 
the regulations and a name and a delineated boundary as established 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 9.12 of the TTB regulations (27 CFR 
9.12) prescribes standards for petitions for the establishment or 
modification of American viticultural areas. Such petitions must 
include the following:
     Evidence that the area within the proposed viticultural 
area boundary is nationally or locally known by the viticultural area 
name specified in the petition;
     An explanation of the basis for defining the boundary of 
the proposed viticultural area;
     A narrative description of the features of the proposed 
viticultural area that affect viticulture, such as climate, geology, 
soils, physical features, and elevation, that make the proposed

[[Page 63853]]

viticultural area distinctive and distinguish it from adjacent areas 
outside the proposed viticultural area boundary;
     A copy of the appropriate United States Geological Survey 
(USGS) map(s) showing the location of the proposed viticultural area, 
with the boundary of the proposed viticultural area clearly drawn 
thereon; and
     A detailed narrative description of the proposed 
viticultural area boundary based on USGS map markings.

Wisconsin Ledge Petition

    TTB received a petition from Steven J. DeBaker of Trout Springs 
Winery in Green Leaf, Wisconsin, to establish the ``Wisconsin Ledge'' 
American viticultural area. The proposed viticultural area contains 
approximately 3,800 square miles, with approximately 320 acres of 
vineyards in at least 14 commercially-producing vineyards and wineries, 
and an additional 70 acres projected to be planted within the next two 
years. A map that was submitted with the petition shows that the 
commercial vineyards and wineries are geographically disbursed 
throughout the proposed viticultural area. The proposed Wisconsin Ledge 
viticultural area lies in Door, Kewaunee, Manitowoc, Sheboygan, 
Ozaukee, Washington, Dodge, Fond du Lac, Calumet, Outagamie, and Brown 
Counties of northeast Wisconsin and does not overlap, or otherwise 
involve, any existing or proposed viticultural area.
    The proposed Wisconsin Ledge viticultural area is largely 
surrounded by water, including Lake Winnebago, the Fox River, Green 
Bay, and Lake Michigan. The distinguishing features of the proposed 
area are its geology, geography, climate, hydrology, and soils. 
According to the petition, the region is heavily affected by the 
lasting effects of ancient glacial activity and the moderating marine 
influence of the surrounding bodies of water.

Name Evidence

    As stated in the petition, the ``Wisconsin Ledge'' name combines 
the state name of ``Wisconsin'' with ``Ledge,'' the geographical name 
commonly used by Wisconsin residents to refer to the region.
    The petition explains that the proposed Wisconsin Ledge 
viticultural area is located in the northern portion of the Niagara 
Cuesta landform, which is the easterly sloping plateau-like surface of 
the western edge of the bowl formed by the Niagara Escarpment. As 
described in the preamble to T.D. TTB-33, which established the 
``Niagara Escarpment'' viticultural area in Niagara County, New York 
(published in the Federal Register at 70 FR 53300 on September 8, 
2005), the Niagara Escarpment is ``a limestone ridge that runs for more 
than 650 miles through the Great Lakes region [and] forms a horseshoe 
that begins near Rochester, New York, and continues west through 
southern Ontario, Canada, Lake Huron, the upper peninsula of Michigan, 
and terminates in eastern Wisconsin.'' The petition states that ``the 
Ledge'' is the name generally used to refer to the specific region in 
which the proposed Wisconsin Ledge viticultural area is located, which 
is in the northeastern part of Wisconsin bordering Lake Michigan and 
Green Bay.
    The Ledge region is widely referenced in local newspaper reports, 
some of which are exhibits to the petition. For example, one report 
entitled ``The Ledge'' details the discoveries of skeletons, pottery, 
and cooking utensils ``on the ledge'' during local explorations (``The 
Ledge,'' Fond du Lac Daily Reporter, Feb. 23, 1907). Another report 
describes horticultural rare blooms and ancient calendars found along 
``the ledge'' landscape (``Ledge discoveries cloud 151 Bypass 
options,'' Fond du Lac Reporter, April 26, 2009). A third report 
discusses the ``limestone backbone of the Niagara Escarpment we fondly 
call the Ledge'' (``We are citizens of the Earth,'' Fond du Lac 
Reporter, April 19, 2009). As described in that report, local residents 
planned to band together and ``tramp the ancient Ledge'' to view the 
effigy mounds and petroform markers left behind long ago by Native 
Americans.
    The petition further notes that ``the Ledge'' is part of the name 
of many local businesses within the proposed viticultural area, 
including LedgeStone Vineyards, Top of the Ledge Campground, and 
Pheasants on the Ledge. In addition, among other name evidence cited in 
the petition, ``the Ledge'' is referenced in local real estate listings 
to describe the location of area properties, it is identified in a fact 
sheet provided by the Niagara Escarpment Resource Network that 
describes the Ledge portion of the Niagara Escarpment, and it is 
described in the Comprehensive Conservation Plan for the Horicon and 
Fox River National Wildlife Refuges.
    Finally, the petition adds that Horicon Ledge Park, Ledge View 
County Park, and Ledge View Nature Center, all of which are county 
parks or nature centers located within the proposed viticultural area, 
include ``ledge'' in their names.

Boundary Evidence

    The petition states that the geographical area encompassing the 
proposed Wisconsin Ledge viticultural area is an upland area between 7 
and 20 miles wide at its northern end on the Door Peninsula and 25 to 
50 miles wide to the south, near Port Washington. In total, the Ledge 
landform is 172 miles long north-to-south, and 50 miles wide east-to-
west, and it is the primary basis for the proposed boundary line. The 
proposed Wisconsin Ledge viticultural area is generally triangular-
shaped, with the west leg of the triangle primarily bounded by Lake 
Winnebago, the Fox River, and Green Bay, and the east leg of the 
triangle bounded by Lake Michigan. The base of the triangle follows 
various state and local roads.
    According to the USGS maps and the proposed boundary description 
submitted with the petition, the proposed boundary line begins at the 
northernmost tip of the Door Peninsula, and it then continues southward 
along the Lake Michigan shorelines of Kewaunee, Manitowoc, and 
Sheboygan Counties, to a point east of Cedarburg in Ozaukee County. The 
boundary line then turns inland and westward away from the Lake 
Michigan shoreline, according to the USGS maps.
    The petition explains that the southern portion of the boundary 
line uses state and local roads that follow terrain changes. The 
proposed boundary line extends through Ozaukee and Washington Counties, 
to a point north of Clyman Junction in Dodge County. The landscape 
within the proposed area contrasts with the areas to the south of the 
boundary line, toward Milwaukee and northern Illinois, where elevations 
decline to a more flat, discontinuous, and dissected topography. The 
area to the south of the proposed Wisconsin Ledge viticultural area has 
been described as generally flatter, more urbanized, densely populated, 
and lacking viticultural potential (``The Physical Geography of 
Wisconsin,'' Lawrence Martin, University of Wisconsin Press, 1965, page 
281).
    The western portion of the proposed boundary line extends north-
northeast into Fond du Lac County, eventually meeting the southern 
shoreline of Lake Winnebago. The proposed boundary line then proceeds 
north-northeast along Lake Winnebago's eastern shoreline to a road that 
then connects the boundary with the Fox River. The boundary then 
follows the river, which flows north-northeast, to Green Bay. The 
proposed boundary line then follows the eastern shoreline of Green Bay 
north to the Porte de Morts Passage and the starting

[[Page 63854]]

point on the Door Peninsula. The USGS maps show a combination of large 
bodies of water and rural areas immediately to the west of the proposed 
Wisconsin Ledge viticultural area. According to the USGS maps, the 
Ledge landform slopes eastward within the proposed viticultural area 
and has decreasing elevations towards the Lake Michigan shoreline.

Distinguishing Features

    According to the petition, the distinguishing features of the 
proposed Wisconsin Ledge viticultural area are its geology, geography, 
climate, hydrology, and soils. Given that the proposed viticultural 
area is surrounded by water to the east, north, and northwest, TTB 
notes that the sections below only contrast the distinguishing features 
of the proposed viticultural area to the surrounding areas to the 
south, southwest, and west.
Geology
    The petition states that the proposed Wisconsin Ledge viticultural 
area is a geomorphologic land mass that formed over 420 million years 
ago. The area was shaped by repeated glaciations, including a 2,000-
meter thick ice sheet and climatic erosion that altered the landform 
and brought in igneous and metamorphic rocks from other places (``The 
Physical Geography of Wisconsin,'' supra, at page 248).
    The petition explains that, in the time between the Jurassic Era 
and today, erosion created much of the Ledge region landscape. During 
the Paleozoic Era, the edges of rock layers (Michigan Basin bowls) were 
leveled off and exposed. The thin outer edges of the hard, resistant 
formations eventually wore away, leaving high cliffs and escarpments, 
according to the petition.
    The petition further explains that the glacial ice sheet left 
deposits of unsorted till (finely ground particles), or boulder clay, 
and stratified gravel, sand, and clay throughout the region 
(``Wisconsin Geological and Natural History Survey Map,'' ``General 
Soils of Wisconsin,'' F. D. Hale, 1973, Figure 8a). The glacial 
deposition of till and rock fragments created massive moraines that 
rise up to 20 meters above the surrounding landscape. As the glaciers 
slowly receded, limestone and till were deposited on the surface to 
form till plains, according to the petition. The petition states that 
the resulting broad sloping cuesta is viticulturally beneficial because 
the glacial till and well-drained strata are well-suited for grape-
growing, especially when combined with the light breezes and moderated 
climate due to the surrounding bodies of water.
    South of the proposed Wisconsin Ledge viticultural area are the 
Southeast Glacial Plains (``Ecological Landscapes of Wisconsin-
Southeast Glacial Plains Landscape,'' Wisconsin Department of Natural 
Resources Web site, http://dnr.wi.gov/landscapes/, January 10, 2009). 
The petition states that, although the southeast plains area received 
glacial deposits, its topography is more discontinuous and its soils 
are more fertile than those of the Wisconsin Ledge region because it is 
covered with silt-loam loess cap.
    The USGS maps submitted with the petition show that the lowlands 
around the Rock River, Lake Winnebago, and Green Bay are to the west of 
the proposed Wisconsin Ledge viticultural area. The floor of the 
lowlands is composed of the back slope of Galena-Black River limestone. 
The limestone is mainly buried beneath glacial drift, but it is evident 
in some surface areas near quarries. The area to the west of the 
proposed Wisconsin Ledge viticultural area is generally flat and 
includes Green Bay, several lakes, and many small ponds and streams, 
according to the USGS maps.
    Further west of the Ledge region and the lowlands, lakes, and Green 
Bay are the Magnesian and Black River Cuestas (``The Physical Geography 
of Wisconsin,'' supra, at page 214). These cuestas are a part of the 
driftless area of southwest Wisconsin, which escaped the most recent 
glaciations and residual drift (``Dip Slope, West Shore of Green Bay,'' 
site map, ``Geological Features of Wisconsin-Niagara Escarpment,'' 
Steven Dutch, University of Wisconsin Green Bay, 1999). The petition 
notes that the lack of glacial activity to the west contrasts with the 
geological history to the east in the Ledge region.
Geography
    The petition states that the proposed Wisconsin Ledge viticultural 
area has a gently rolling landscape of drifted, mantled plains broken 
by areas of steep slope. The upland elevations mostly contain dolomitic 
limestone and layers of glacial till, which are beneficial for grape-
growing, according to the petition. In addition, the higher elevations 
of the Ledge region prevent other sediments from the lower north, 
south, and west elevations from spreading to the upland area. The 
Niagara Cuesta, which includes the Ledge region, ends at Lake 
Winnebago, Green Bay, and the Fox River, which generally form the 
western portion of the boundary line of the proposed viticultural area. 
To the west is the lower Magnesian Cuesta, which has flat and swampy 
lowland features, according to the petition.
    The USGS maps submitted with the petition show that elevations vary 
by approximately 600 feet within the proposed Wisconsin Ledge 
viticultural area. TTB notes that the lowest elevations, at about 580 
feet, are along the shorelines of Green Bay, which forms much of the 
western portion of the proposed boundary line, and Lake Michigan, which 
forms all of the northern and eastern portions of the proposed boundary 
line. The highest elevations, at approximately 1,060 feet, are located 
in the southwest interior part of the proposed Wisconsin Ledge 
viticultural area, near Herman Center in Dodge County, according to 
USGS maps.
    The petition states that the upland part of the Niagara Cuesta 
landform, which is a geological mass of thick, hard, continuous 
limestone bedrock, extends from the northern tip of Door County 
southward toward the state line. As noted above, the proposed Wisconsin 
Ledge viticultural area is in the northern, higher elevation part of 
the Niagara Cuesta, and the proposed viticultural area includes most of 
the Wisconsin portion of the Niagara Escarpment ridgeline. The Niagara 
Escarpment crest, at 1,060 feet in elevation, distinguishes the Ledge 
region, the petition explains. To the south of the proposed 
viticultural area, the Niagara Escarpment decreases in elevation so 
that it is no longer a conspicuous topographical feature near Waukesha 
and Oconomowoc.
    The petition adds that the broad sloping portion of the Niagara 
Cuesta that is within the proposed viticultural area is the portion 
that is best suited for viticulture, largely because of the glacial 
till covering in the area. According to the petition, the land in the 
surrounding regions does not contain the dolomitic limestone and thin 
layers of glacial till that are found in the proposed Wisconsin Ledge 
viticultural area due to the decreased glaciations and differing 
geological history in the lower elevation regions to the west and 
south.
    The petition further explains that the topography changes 
significantly at Cedarburg, which is to the south of the proposed 
Wisconsin Ledge viticultural area. From that point, the landscape 
slowly declines in elevation to a near-flat, dissected topography that 
includes urban areas. The petition also states that the southwestern 
portion of the proposed boundary line separates the proposed Wisconsin 
Ledge viticultural area from the relatively flat lowlands of the Rock 
River, Lake Winnebago, and the Green Bay area to the west of the

[[Page 63855]]

proposed Wisconsin Ledge viticultural area.
Climate
    According to the petition, the proposed Wisconsin Ledge 
viticultural area has a significant marine influence, which results in 
moderated climatic conditions that are conducive to viticulture. The 
marine influence from Lake Michigan, Lake Winnebago, and Green Bay, 
along with the elevated ledge landform, creates a growing season that 
is generally longer and warmer than in areas outside of the proposed 
viticultural area, the petition explains.
    As described in the petition, the large bodies of water that 
surround much of the proposed Wisconsin Ledge viticultural area serve 
as heat storage tanks that moderate the near-shore land climates 
(``Confront Climate Change in the Great Lakes Region,'' a consensus 
opinion by the Union of Concerned Scientists-The Ecological Society of 
America). The petition further explains that the waters of the lakes 
and Green Bay warm and cool more slowly with the changing seasons than 
the surrounding land, moderating the summer mean maximum and winter 
mean minimum temperatures in the proposed Wisconsin Ledge viticultural 
area. The petition notes that climatic conditions to the west of the 
proposed Wisconsin Ledge viticultural area are not temperature-
moderated by the warm winds from Lake Michigan, Lake Winnebago, and 
Green Bay because the wind speeds west of the Ledge region drop 
significantly further inland to the west of Lake Winnebago and Green 
Bay.
    The petition also states that the slow seasonal changes in water 
temperatures surrounding the Ledge region reduce the chance for late 
spring frosts or early fall freezes. In addition, according to the 
petition, the slope and elevation changes of the Ledge create an air 
circulation movement pattern that reduces frost damage occurrences, 
mildew, and other humidity-related grape-growing problems. By contrast, 
to the south of the Ledge area, cold air masses pool on the flat, low 
terrain and are unable to drain eastward into Lake Michigan, and the 
areas to the west of the proposed viticultural area lack the 
elevational differences that are necessary for climate migration, 
according to the petition.
    The table below shows temperature, growing degree day \1\ (GDD), 
and growing season information for locations within the proposed 
Wisconsin Ledge viticultural area and in other parts of Wisconsin 
(based on a data provided by the State of Wisconsin Climatology Office, 
1971-2000).
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    \1\ In the Winkler climatic classification system, annual heat 
accumulation during the growing season, measured in annual GDD, 
defines climatic regions. One GDD accumulates for each degree 
Fahrenheit that a day's mean temperature is above 50 degrees, the 
minimum temperature required for grapevine growth (``General 
Viticulture,'' by Albert J. Winkler, University of California Press, 
1974, pages 61-64).

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                                                                                                      Annual
                                   Average                       Spring start     Fall end date       average
       Weather stations            annual       September GDD    date average-       average-     number of days-
                                 temperature                    growing season    growing season  growing season
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                           Locations Within Proposed Wisconsin Ledge Viticultural Area
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Sturgeon Bay (north--Lake                43.6             306  May 10..........  October 8......             150
 Michigan shore).
Kewaunkee (central--Lake                 44.1             294  May 3...........  October 8......             159
 Michigan shore).
Manitowoc (south--inland)....            45.4             334  May 5...........  October 9......             161
Sheboygan (south--Lake                   47.1             391  April 23........  October 19.....             184
 Michigan shore).
    Averages.................           45.05             331  May 3...........  October 11.....             164
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                          Locations Outside Proposed Wisconsin Ledge Viticultural Area
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Lakewood (northeast WI)......            41.7             215  May 29..........  September 20...             140
Rosholt (central WI).........            41.5             246  May 21..........  September 22...             126
Marshfield (central WI)......            42.8             289  May 13..........  September 25...             138
Baraboo (south central WI)...            43.4             287  May 19..........  September 23...             128
Burlington (southeast corner             45.8             348  May 10..........  September 20...             150
 of WI).
    Averages.................           43.04             277  May 18..........  September 22...             136
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    As shown in the table, the climate in the proposed Wisconsin Ledge 
viticultural area provides an average annual temperature that is only 
about 2 degrees Fahrenheit higher than the other listed locations in 
the State, but the temperatures in the proposed viticultural area are 
significantly warmer than the surrounding areas in September, with an 
average of 54 GDD units more than the locations outside of the proposed 
viticultural area during the month.
    The petition explains that the cumulative effect of the moderated 
climate and warm September temperatures in the proposed viticultural 
area creates an average grape growing season that is longer than in 
other parts of Wisconsin. The petition states that the data in the 
above table illustrates this point, with an average growing season in 
the proposed viticultural area of 164 days that on average runs from 
May 3 to October 11 annually, whereas in the rest of Wisconsin, the 
growing season averages only 136 days, running on average from May 18 
to September 22 annually. As a result, according to the petition, the 
growing season continues in the proposed Wisconsin Ledge viticultural 
area for an average of three weeks longer than in other areas, 
resulting in additional hang time for grapes to reach maturity prior to 
harvest.
Hydrology
    The proposed Wisconsin Ledge viticultural area is primarily 
underlain by the Eastern Dolomite Aquifer (``The Physical Geography of 
Wisconsin,'' supra, at pages 12 and 21). The petition states that 
Dolomite resembles limestone and contains ground water.

[[Page 63856]]

The yield of water from the aquifer depends on the porosity of the 
carbonate rock and frequency of cracks or fractures. The unique rock 
formations and water patterns of the Eastern Dolomite Aquifer vary from 
other areas of the state, which are primarily covered by the Sand and 
Gravel Aquifer, according to the petition.
    In addition, mineral rich water and dolomite limestone, which the 
petition notes are important factors for viticulture, are common in the 
Wisconsin Ledge region (``The Physical Geography of Wisconsin,'' page 
21). The petition explains that the carbonate rock and porous karst 
features of the Eastern Dolomite Aquifer enhance the delivery and 
availability of water and nutrients to grapevines because nutrients are 
added to the water as it travels through the porous rock, which then 
enriches area soils and grapevines.
    Further, according to the petition, the Eastern Dolomite Aquifer 
has a constant 50 degrees Fahrenheit water temperature, which provides 
a moderating effect that yields more consistent soil temperatures. The 
petition also notes that early spring and late fall fogs form from the 
constant 50 degree Fahrenheit groundwater that reacts to the much 
colder air temperatures; those fogs blanket the area and help protect 
the vineyards from damaging freezes and frosts.
    The petition states that the Eastern Dolomite Aquifer is unique to 
the eastern-most part of Wisconsin, including the Wisconsin Ledge 
region and the adjacent parts of Lake Michigan. As described in the 
petition, the aquifer rock formation rises to the Earth's surface in 
the Ledge region and then eventually dips eastward under the waters of 
Lake Michigan. By comparison, the Sand and Gravel Aquifer that covers 
most of Wisconsin is easily contaminated because the top of the aquifer 
is also the land surface, according to the petition. In addition, the 
petition notes that water flow in the Sand and Gravel Aquifer is highly 
variable due to the spatial variability of the sand and gravel 
deposits, and water from the aquifer contains fewer nutrients because 
it has a short residence time in the aquifer and discharges close to 
the recharge point of the aquifer.
Soils
    According to the petition, the soils deposited in the Ledge region 
by the glacial drift are unsorted till and stratified gravel, sand, and 
clay (``General Soils of Wisconsin,'' supra), which are well-suited for 
viticulture. As stated in the petition, these soils have ample 
permeability with average to steep slopes and contain fragments of 
local limestone, shale, and igneous and metamorphic rocks that the 
glacial ice sheet brought to the region. Although the soils in the 
Ledge region vary somewhat, they generally come from glacial drift, 
with Miami and Coloma loams as the two general soil types in the 
proposed Wisconsin Ledge viticultural area, according to the petition. 
The petition further states that the ground moraine that covers most of 
the proposed Wisconsin Ledge viticultural area has a variable, slightly 
rolling topography of drift-mantled plains. Composed largely of till, 
the ground moraine also contains small amounts of stratified sand, 
gravel, and a base of dolomite bedrock (``Bedrock Geology of 
Wisconsin,'' map, University of Wisconsin-Extension, Geological and 
Natural History Survey, April 1981).
    The petition explains that the soils to the south and west of the 
proposed Wisconsin Ledge viticultural area have less glacial till and 
fewer rock formations. Those soils are sandier with less limestone and 
more organic composition (generally rich fertile black loam) as 
compared to the prairie soils and sandy plains that are common in the 
Wisconsin Ledge.

TTB Determination

    TTB concludes that the petition to establish the approximately 
3,800 square mile Wisconsin Ledge viticultural area merits 
consideration and public comment, as invited in this notice.

Boundary Description

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

Maps

    The petitioner provided the required maps, and TTB lists them below 
in the proposed regulatory text.

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. If TTB establishes this proposed viticultural area, 
its name, ``Wisconsin Ledge,'' will be recognized as a name of 
viticultural significance under 27 CFR 4.39(i)(3). The text of the 
proposed regulation clarifies this point.
    On the other hand, TTB does not believe that any single part of the 
proposed viticultural area name standing alone, that is, ``Wisconsin'' 
or ``Ledge,'' would have viticultural significance in relation to this 
proposed viticultural area because ``Wisconsin,'' standing alone, is 
locally and nationally known as referring to the State of Wisconsin, 
which is already a term of viticultural significance as a state-wide 
appellation of origin under 27 CFR 4.25(a)(1)(ii), which provides that 
a State is an American appellation of origin, and 27 CFR 4.39(i)(3), 
which notes that ``[a] name has viticultural significance when it is 
the name of a state * * *''; and the term ``ledge'' refers to a common 
geographical landform found in many locations in the United States and 
internationally. Therefore, the proposed part 9 regulatory text set 
forth in this document specifies only ``Wisconsin Ledge'' as a term of 
viticultural significance for purposes of part 4 of the TTB 
regulations.
    If this proposed regulatory text is adopted as a final rule, wine 
bottlers using ``Wisconsin Ledge'' 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 ``Wisconsin 
Ledge'' as an appellation of origin.
    For a wine to be labeled with a viticultural area name or with a 
brand name that includes a viticultural area name or other term 
identified as being viticulturally significant in part 9 of the TTB 
regulations, at least 85 percent of the wine must be derived 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 for labeling with the 
viticultural area name or other viticulturally significant term 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 viticulturally significant 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 term of viticultural significance that 
was used as a brand name on a label approved before July 7, 1986. See 
27 CFR 4.39(i)(2) for details.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether it should establish the proposed Wisconsin Ledge viticultural 
area. TTB

[[Page 63857]]

is interested in receiving comments on the sufficiency and accuracy of 
the name, boundary, climate, and other required information submitted 
in support of the petition. Please provide any available specific 
information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Wisconsin Ledge viticultural area on wine labels that include 
the term ``Wisconsin Ledge'' as discussed above under Impact on Current 
Wine Labels, TTB is also interested in comments as to whether there 
will be a conflict between the proposed viticulturally significant term 
and currently used brand names. If a commenter believes that a conflict 
will arise, the comment should describe the nature of that conflict, 
including any anticipated negative economic impact that approval of the 
proposed viticultural area will have on an existing viticultural 
enterprise. TTB is also interested in receiving suggestions for ways to 
avoid conflicts, for example, by adopting a modified or different name 
for the viticultural area.

Submitting Comments

    You may submit comments on this notice by using one of the 
following three methods:
     Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this notice within Docket No. TTB-2011-
0007 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under 
Notice No. 121 on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments 
submitted via Regulations.gov. For complete instructions on how to use 
Regulations.gov, visit the site and click on ``User Guide'' under ``How 
to Use this Site.''
     U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412.
     Hand Delivery/Courier: You may hand-carry your comments or 
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau, 
1310 G Street, NW., Suite 200-E, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
notice. Your comments must reference Notice No. 121 and include your 
name and mailing address. Your comments also must be made in English, 
be legible, and be written in language acceptable for public 
disclosure. TTB does not acknowledge receipt of comments, and TTB 
considers all comments as originals.
    If you are commenting on behalf of an association, business, or 
other entity, your comment must include the entity's name as well as 
your name and position title. If you comment via http://www.regulations.gov, please enter the entity's name in the 
``Organization'' blank of the online comment form. If you comment via 
postal mail or hand delivery/courier, please submit your entity's 
comment on letterhead.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine whether to hold a public hearing.

Confidentiality

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

Public Disclosure

    On the Federal e-rulemaking portal, Regulations.gov, TTB will post, 
and you may view, copies of this notice, selected supporting materials, 
and any electronic or mailed comments TTB receives about this proposal. 
A direct link to the Regulations.gov docket containing this notice and 
the posted comments received on it is available on the TTB Web site at 
http://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 121. 
You may also reach the docket containing this notice and the posted 
comments received on it through the Regulations.gov search page at 
http://www.regulations.gov. For instructions on how to use 
Regulations.gov, visit the site and click on ``User Guide'' under ``How 
to Use this Site.''
    All posted comments will display the commenter's name, organization 
(if any), city, and state, and, in the case of mailed comments, all 
address information, including e-mail addresses. TTB may omit 
voluminous attachments or material that it considers unsuitable for 
posting.
    You also may view copies of this notice, all related petitions, 
maps and other supporting materials, and any electronic or mailed 
comments TTB receives about this proposal by appointment at the TTB 
Information Resource Center, 1310 G Street, NW., Washington, DC 20220. 
You may also obtain copies at 20 cents per 8.5- x 11-inch page. Contact 
TTB's information specialist at the above address or by telephone at 
202-927-2270 to schedule an appointment or to request copies of 
comments or other materials.

Regulatory Flexibility Act

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

Executive Order 12866

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

Drafting Information

    Elisabeth C. Kann of the Regulations and Rulings Division drafted 
this notice.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, TTB proposes to amend 
title 27, chapter I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

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

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

    2. Subpart C is amended by adding Sec.  9.-------- to read as 
follows:


Sec.  9.----  Wisconsin Ledge.

    (a) Name. The name of the viticultural area described in this 
section is ``Wisconsin Ledge''. For purposes of part 4 of this chapter, 
``Wisconsin Ledge'' is a term of viticultural significance.
    (b) Approved maps. The 11 United States Geological Survey 1:100,000 
scale topographic maps used to determine the boundary of the Wisconsin 
Ledge viticultural area are titled:
    (1) Door County, Wisconsin, 1986;
    (2) Kewaunee County, Wisconsin, 1985;
    (3) Manitowoc County, Wisconsin, 1986;
    (4) Sheboygan County, Wisconsin, 1986;

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    (5) Ozaukee County, Wisconsin, 1986;
    (6) Washington County, Wisconsin, 1986;
    (7) Dodge County, Wisconsin, 1986;
    (8) Fond du Lac County, Wisconsin, 1986;
    (9) Calumet County, Wisconsin, 1986;
    (10) Outagamie County, Wisconsin, 1985; and
    (11) Brown County, Wisconsin, 1984.
    (c) Boundary. The Wisconsin Ledge viticultural area is located in 
northeast Wisconsin in Door, Kewaunee, Manitowoc, Sheboygan, Ozaukee, 
Washington, Dodge, Fond du Lac, Calumet, Outagamie, and Brown Counties. 
The boundary of the Wisconsin Ledge viticultural area is as described 
below:
    (1) The beginning point is shown on the Door County map and is 
located at the northern end of the Door Peninsula at the point where 
the R28E and R29E common boundary line intersects with the Lake 
Michigan shoreline at Gills Rock in Hedgehog Harbor. From the beginning 
point, proceed easterly along the shoreline to Northport and then 
continue southerly along the meandering Lake Michigan shoreline, 
passing in succession over the Kewaunee, Manitowoc, and Sheboygan 
County maps and onto the Ozaukee County map to the intersection of the 
Lake Michigan shoreline with a line drawn as an easterly extension of 
County Highway T (locally known as Lakefield Road), east of Cedarburg; 
then
    (2) Proceed west on County Highway T through Cedarburg, crossing 
onto the Washington County map, passing over the North Western railroad 
single track, and continuing to the intersection of County Highway T 
with U.S. Route 45; then
    (3) Proceed north on U.S. Route 45 to the intersection of U.S. 
Route 45 with State Road 60, south of Hasmer Lake; then
    (4) Proceed westerly on State Road 60, crossing onto the Dodge 
County map, to the intersection of State Road 60 with State Road 26 at 
Casper Creek, north-northwest of Clyman Junction; then
    (5) Proceed northerly on State Road 26 to the intersection of State 
Road 26 with U.S. Route 151, north of Plum Creek in the Chester 
Township; then
    (6) Proceed northerly on U.S. Route 151, passing through Waupun 
onto the Fond du Lac County map, and continue northeasterly into the 
City of Fond du Lac to the point where U.S. Route 151 turns east, and, 
from that point, continue north in a straight line to the south shore 
of Lake Winnebago in Lakeside Park; then
    (7) Proceed northerly along the eastern shoreline of Lake 
Winnebago, crossing onto the Calumet County map, to the intersection of 
the shoreline with a line drawn as a southerly extension of County 
Highway N at Highland Beach in Harrison Township; then
    (8) Proceed north on County Highway N, crossing onto the Outagamie 
County map, to the intersection of County Highway N with the Fox River; 
then
    (9) Proceed northeasterly (downstream) along the Fox River, 
crossing onto the Brown County map, until the Fox River meets the 
southern shoreline of Green Bay; and then
    (10) Proceed northeasterly along the eastern shoreline of Green 
Bay, passing over the Kewaunee County map and onto the Door County map, 
returning to the beginning point.

    Signed: September 13, 2011.
John J. Manfreda,
Administrator.
[FR Doc. 2011-26298 Filed 10-11-11; 8:45 am]
BILLING CODE 4810-31-P