[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Proposed Rules]
[Pages 69198-69204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28930]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2011-0009; Notice No. 123]
RIN 1513-AB67


Proposed Establishment of the Middleburg Virginia 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 (TTB) proposes to 
establish the approximately 198-square mile ``Middleburg Virginia'' 
viticultural area in Loudoun and Fauquier Counties in northern 
Virginia. 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 written comments on or before January 9, 2012.

ADDRESSES: You may send 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-2011-0009 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-2011-0009. A direct link to 
this docket is posted on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 123. 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 20005. 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., Box 12, Washington, DC 20005; 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 requires 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

[[Page 69199]]

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 it 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.

Middleburg Virginia Petition

    In August 2008, TTB first received a petition from Rachel E. 
Martin, executive vice president of Boxwood Winery in Middleburg, 
Virginia, proposing the establishment of the ``Middleburg Virginia'' 
American viticultural area in portions of Loudoun and Fauquier Counties 
in northern Virginia. The petition states that the proposed 
viticultural area derives its name from the Town of Middleburg, 
Virginia, and it is bounded by the Potomac River to the north and by 
mountains to the east, south, and west. The 2008 petition notes that 
the proposed viticultural area covers approximately 190-square miles 
(121,600 acres) and contains 229 acres of commercial vineyards and 12 
wineries.
    In July 2009, Ms. Martin submitted to TTB a modification to the 
proposed Middleburg Virginia viticultural area boundary line in order 
to include several additional vineyards within the proposed area. The 
modification increased the proposed viticultural area by 1,920 acres in 
the Burnt Mill Run area, east of Zulla, on the USGS Rectortown map. 
According to the petitioner, the additional acreage has the same 
distinguishing features as the originally proposed viticultural area. 
With the petitioner's modified boundary line, the proposed Middleburg 
Virginia viticultural area contains 251 acres of commercial grape 
growing in 10 vineyards and 14 wineries. With the petitioner's 
agreement, TTB also made several small modifications to the originally-
proposed boundary line in order to better match the provided maps with 
the petition's narrative boundary description. These changes were made 
in the vicinity of the town of Marshall and Little Cobbler Mountain and 
then near the hamlet of Airmont along Route 734. TTB estimates that the 
proposed Middleburg Virginia viticultural area, as described in below, 
covers approximately 198-square miles (or 126,720 acres). TTB also 
notes that the proposed viticultural area does not overlap or otherwise 
affect any established or proposed American viticultural area.
    Unless otherwise noted, all information and data contained in the 
below sections are from the petition for the proposed Middleburg 
Virginia viticultural area and its supporting exhibits.

Name Evidence

    The Town of Middleburg is located in southern Loudoun County along 
U.S. Route 50, to the immediate north of Fauquier County and to the 
west of Washington, DC, according to maps submitted with the petition. 
The Town of Middleburg was established in 1787 by Leven Powell, who was 
a soldier and statesman (``Colonel John Leven Powell Returns to 
Middleburg,'' Audrey Windsor Bergner, Middleburg Press, 1995). 
Originally named ``Chinn's Crossroads'' after Joseph Chinn, Lt. Col. 
Powell renamed the town Middleburg, most likely because it was the 
midpoint on the trade route between the seaport of Alexandria, 
Virginia, and inland Winchester, Virginia (ibid.).
    The petitioner submitted several documents as evidence of the 
Middleburg name and its association with the proposed viticultural 
area. In one magazine, the Middleburg area is cited as an 
internationally renowned equestrian center (``The Chronicle of the 
Horse,'' June 20, 2008). In addition, a June 2011 article from 
Washingtonian Magazine that was submitted by the petitioner as a 
supplemental exhibit features the Middleburg region in an article 
entitled ``Best of Middleburg,'' which includes a ``Grape Adventures'' 
section that highlights some of the wineries located within the 
proposed Middleburg Virginia viticultural area (``Best of Middleburg--
Grape Adventures,'' Lydia Strohl, Washingtonian Magazine, June 2011). 
Further, two local monthly newspapers for the Middleburg area, 
Middleburg Eccentric and Middleburg Life, contain various news 
articles, event listings, advertisements, and real estate listings for 
locations within the proposed Middleburg Virginia viticultural area.
    Tourism guides for the region also contain references to places 
throughout the proposed Middleburg Virginia viticultural area. One 
visitors' guide contains information about special events, day trips, 
lodging, dining, and shopping in the greater Middleburg area, which 
includes areas outside the Town of Middleburg that are located within 
the proposed viticultural area (``Visitor's Guide to Middleburg, 
Virginia,'' revised in 2006). Another visitor's guide for the 
Middleburg region contains photographs of historical buildings, touring 
information, and a map of the Middleburg area (``Destination 
Middleburg--A Walking Tour into the Past,'' Middleburg Beautification 
and Preservation, Inc., October 2001). TTB adds that the official 
tourism Web site for the Commonwealth of Virginia lists a variety of 
places to visit, dine, and stay that are located throughout the 
proposed Middleburg Virginia viticultural area under its listing for 
``Middleburg'' (available at http://www.virginia.org/Cities/Middleburg/
).

Boundary Evidence

    As noted above, the proposed Middleburg Virginia viticultural area 
is located entirely within the Commonwealth of Virginia in portions of 
Loudoun and Fauquier Counties. The USGS maps show that the shared 
Loudoun-Fauquier County boundary line runs west-northwest to east-
southeast through the proposed viticultural area, south of the Town of 
Middleburg. The Potomac River, which separates Maryland from Virginia, 
forms the northern portion of the proposed viticultural area's boundary 
line. The proposed eastern, southern, and western portions of the 
boundary line are based on geographical features that mark the 
transition from wooded, rolling hills with many creeks to more 
mountainous areas, specifically, Catoctin and Bull Run Mountains to the 
east, Watery,

[[Page 69200]]

Swains, Little Cobbler, and Hardscrabble Mountains to the south, and 
the Blue Ridge Mountains to the west. The proposed boundary line uses 
rivers, creeks, roads, elevation points, a national park boundary line, 
and other points shown on the USGS maps.

Distinguishing Features

    The distinguishing features of the proposed Middleburg Virginia 
viticultural area are its climate, topography, geology, and soils.
Climate
    The geographical location and terrain of the proposed Middleburg 
Virginia viticultural area result in a unique microclimate within the 
larger northern Virginia region. Climatic data for the 2005 and 2006 
average growing seasons (April 1 to October 31) for the proposed 
viticultural area distinguish it from the surrounding regions (data 
compiled by the petitioner from the National Oceanic and Atmospheric 
Administration, U.S. Meteorological Department, and Weather 
Underground, http://www.wunderground.com). The data are summarized in 
the below table.

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                                              Degree days \1\ (difference from         Maximum           Minimum        Average total      Wind speed
                                                         Middleburg)                 temperature       temperature      precipitation        average
   Area/location relative to Middleburg    -------------------------------------------------------------------------------------------------------------
                                                            Units                      [deg]F            [deg]F            Inches              mph
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed Middleburg AVA...................  3,568...............................             83.43              48.2             25.55              2.25
Hagerstown, MD (north)....................  3,412 (156 less)....................                86              38.5             16.60               6.5
Winchester, VA (west).....................  3,594 (26 more).....................                86                41             19.92               3.5
Culpeper, VA (south)......................  3,758 (190 more)....................                85                42             21.03               1.5
Leesburg, VA (east-southeast).............  3,957 (389 more)....................             91.09              45.6             18.78               3.0
Dulles, VA (east).........................  3,717 (149 more)....................             89.85              43.4             30.38               6.0
Manassas, VA (southeast)..................  3,688 (120 more)....................              88.8              42.2             17.36               2.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ In the Winkler climate classification system, heat accumulation during the grape-growing season measured in growing degree days defines climatic
  regions (``General Viticulture,'' by A.J. Winkler, J.A. Cook, W.M. Kliewer, and L.A. Lider, University of California Press, 1974, pp. 61-64). One
  degree day accumulates for each degree Fahrenheit that a day's mean temperature is above 50 degrees, the minimum temperature required for grapevine
  growth.

    As shown by the maximum and minimum temperatures in the above 
table, the proposed Middleburg Virginia viticultural area has both 
cooler highs and warmer lows than the surrounding regions during the 
growing season. As a result, the proposed viticultural area has a more 
moderated growing season climate than the surrounding areas. TTB notes 
that the moderated growing season temperatures contribute to developing 
consistent grape growth and achieving maturity for harvest before the 
onset of freezing temperatures. The proposed Middleburg Virginia 
viticultural area is generally cooler than the surrounding areas in 
Virginia as evidenced by its lower number of growing degree days, 
according to the above table.
    The table also shows that the average total precipitation for the 
proposed Middleburg Virginia viticultural area growing season is 25.55 
inches, which is greater than the growing season precipitation totals 
for the surrounding Hagerstown, Winchester, Culpeper, Leesburg, Dulles, 
and Manassas areas, at 16.60, 19.92, 21.03, 18.78, 30.38, and 17.36 
inches, respectively. Based on the data in the table, the Middleburg 
Virginia viticultural area receives significantly more growing season 
precipitation than the surrounding areas except for the Dulles area the 
east, which receives almost 5 inches more precipitation during the 
growing season.
    The table further shows that the wind speed average for the 
proposed Middleburg Virginia viticultural area is 2.25 miles per hour 
(mph), which is significantly less than the wind speed averages for the 
surrounding Hagerstown, Winchester, Leesburg, Dulles, and Manassas 
areas, at 6.5, 3.5, 3.0, 6.0, and 2.6 mph, respectively (although it is 
greater than the wind speed average for the Culpeper area to the south, 
at 1.5 mph). The moderate winds in the proposed viticultural area, 
which consist of gentle western breezes from the Ashby Gap in the Blue 
Ridge Mountains, dissipate the morning fog, lessen the effect of frost, 
and reduce mildew during the growing season.
Topography
    The terrain of the proposed Middleburg Virginia viticultural area 
generally contains rolling hills, woods, and many creeks. It is located 
within the Blue Ridge Anticlinorium, between the Blue Ridge Mountains 
to the west and the Catoctin and Bull Run Mountains to the east. As 
shown on the USGS maps, elevations within the proposed viticultural 
area range from 220 feet (along the Potomac River shoreline, which 
forms the northern portion of the proposed boundary line) to 1,470 feet 
(at the peak of Naked Mountain in the southwest corner of the proposed 
viticultural area). According to the USGS maps, the southern portion of 
the proposed viticultural area trends southeast to southwest toward the 
foothills of the Blue Ridge Mountains and gradually gains in elevation.
    As shown on the USGS maps submitted with the petition, the steep 
slopes of the 600- to 890-foot Catoctin Mountain ridge are located to 
the east of the proposed boundary line of the Middleburg Virginia 
viticultural area. The 700- to 1,370-foot Bull Run Mountains are 
located to the southeast, which contrast with the 450- to 550-foot 
gently mounded hills, rolling terrain, and spring-fed ponds and lakes 
within the proposed viticultural area, according to the USGS maps.
    The USGS maps also show that the 900- to 1,340-foot Watery 
Mountains are located to the south of the boundary line of the proposed 
viticultural area. By contrast, the land formations within the southern 
portion of the proposed viticultural area are less undulating, a 
feature that is important for a vineyard site, according to Alex 
Blackburn, the certified soil scientist who compiled the soils data for 
the petition (see ``Soils,'' below).
    The Little Cobbler, Red Oak, and Hard Scrapple Mountains, which are 
heavily wooded with steep slopes ranging in elevation from 800 to 1,300 
feet, are located to the southwest of the proposed viticultural area. 
This area is not recommended for grape growing because of erosion 
hazards and the difficulty of cultivation along the sleep slopes of the 
region, according to Mr. Blackburn.
    According to the USGS maps, the steep terrain and ridgelines of the 
1,200- to 1,800 foot Blue Ridge Mountains are located to the west of 
the proposed boundary line. The higher elevations and mountainous 
terrain of the Blue

[[Page 69201]]

Ridge Mountains contrast with the lower elevation, rolling terrain 
within the proposed viticultural area, as shown on the USGS maps.
    The Potomac River is immediately to the north of the northern 
portion of the proposed boundary line, flowing eastward into the 
Chesapeake Bay, as indicated on the USGS maps. North of the Potomac 
River, the terrain in Maryland is similar to that of the proposed 
viticultural area.
Geology
    A geology map submitted with the petition shows that the proposed 
Middleburg Virginia viticultural area is underlain predominantly by 
fractured granite and gneiss bedrock with scattered, small greenstone 
dykes (``Middleburg Virginia AVA Geology and Soil Association Map,'' 
Loudoun County Department of Building and Development, National 
Resources Division, and the Fauquier County GIS Department, undated). 
According to the Mr. Blackburn, the granite and gneiss bedrock 
underlying the proposed Middleburg Virginia viticultural area produce 
soils that are generally lower in natural fertility and water 
availability, which reduces problems related to vine vigor and produces 
better fruit quality. The boundary line of the proposed Middleburg 
Virginia viticultural area largely follows the distinctive geology of 
the area, which contrasts to the geology of the surrounding regions.
    The Potomac River and Maryland are located to the north of the 
proposed Middleburg Virginia viticultural area. In Maryland, the 
intrusions of greenstone resembling Catoctin greenstone are more 
numerous than those in the granites and gneisses in the proposed 
viticultural area. The greenstone intrusions to the north are so 
numerous that they more closely resemble the Catoctin greenstone 
formation that is located to the east, southeast, and west of the 
proposed viticultural area.
    The regions to the east of the proposed Middleburg Virginia 
viticultural area are dominated by the Catoctin Formation, which 
consists of mostly greenstone and charnokytes, and also some acidic 
quartzite. The Catoctin Formation continues to the Antietam Formation, 
which underlies the Bull Run Mountains. To the southeast of the 
proposed viticultural area, the bedrock consists of schist and phylites 
(ibid.). An area of the same granite and gneiss bedrock formations as 
those within the proposed viticultural area lies to the southwest of 
the proposed boundary line, although those areas are at higher 
elevations and are not well-suited for grape growing.
    To the west of the proposed Middleburg Virginia viticultural area, 
granites and gneisses continue to units of the Catoctin Formation, both 
of which form the Blue Ridge Mountains. The Ridge and Valley province, 
consisting of folded sedimentary rocks, begins on the western side of 
the Blue Ridge Mountains.
Soils
    The soils evidence in the petition was documented by Mr. Blackburn, 
with contributions from Jim Sawyer, Head Soil Specialist, Fauquier 
County, Virginia, and Frederick M. Garst, GIS Specialist, USDA-NRCS, 
Harrisonburg, Virginia. The table below, which is based on that 
documentation, compares the extent of the dominant soils of the 
proposed Middleburg Virginia viticultural area both within and outside 
of the proposed viticultural area.

------------------------------------------------------------------------
                                                           Percentage in
                                            Percentage       the areas
                                            within the      around the
               Soil series                   proposed        proposed
                                           viticultural    viticultural
                                               area            area
------------------------------------------------------------------------
Purcellville, Tankerville, and                      38.0            22.8
 Middleburg.............................
Tankerville and Philomont...............            24.0             1.2
Mongle, Codorus, and Hatboro............            13.0             5.4
Swampoodle and Purcellville.............            11.0             3.4
Eubanks.................................             6.5             6.0
Cardiff and Glenelg.....................             3.0             2.9
Penn, Nestoria, and Manassas............             2.5             0.6
------------------------------------------------------------------------

    As indicated in the above table and in a map included with the 
petition, the Purcellville-Tankerville-Middleburg and the Tankerville-
Philomont soil associations are the dominant soil associations in the 
proposed viticultural area. These soils formed in the granite and 
gneiss bedrock of the proposed viticultural area, with some occasional 
greenstone dyke. Messrs. Sawyer and Garst noted that the dominant soil 
characteristics and prevalent geological properties distinguish the 
proposed Middleburg Virginia viticultural area from the surrounding 
areas.
    The Purcellville soils are very deep and well-drained, with 
moderate available water capacity, or water available to plants. 
Tankerville soils are moderately deep and well-drained to excessively 
drained, with a lower available water capacity than Purcellville soils. 
Philomont soils, formed in relatively coarser granite than that in 
which Purcellville and Tankerville soils formed, are very deep and 
well-drained, with low available water capacity. Compared to the 
surrounding areas, the soils in the proposed viticultural area are 
generally lower in natural fertility and in available water capacity. 
According to Mr. Blackburn, these four soils are among the best in the 
Blue Ridge Physiographic Province for fruit production, and grapevines 
grown in these soils have better quality fruit with few vigor problems. 
However, vineyard blocks containing these soils must be sited on 
specific landforms with good natural drainage that are not easily 
erodible or susceptible to frost.
    The soils of lesser extent in the proposed Middleburg Virginia 
viticultural area include Mongle, Codorus, and Hatboro soils (13 
percent of the total land area); Swampoodle and Purcellville soils (11 
percent); and Eubanks soils (6.5 percent). The Mongle, Codorus, 
Hatboro, and Swampoodle soils are moderately well-drained to very 
poorly drained and are located in flood plains or other low-lying areas 
that are generally unsuited to grape production. The Eubanks soils are 
very deep and well-drained, with moderate available water capacity.
    Most of the soils outside of the proposed viticultural area are 
different because they formed in rocks that are different from those in 
the proposed Middleburg Virginia viticultural area. To the north, in 
Maryland, the soils formed in bedrock with increased greenstone 
intrusions. The greenstone intrusions affect soil fertility and

[[Page 69202]]

available water capacity, which, in turn, affects vineyard management, 
vine growth, and fruit quality. To the south, toward and through 
Culpepper County, the soils formed in granite and gneisses, with fewer 
greenstone intrusions than in the proposed viticultural area. The soils 
in that region more closely resemble Philomont soils than the 
Purcellville, Tankerville, and Swampoodle soils in the proposed 
viticultural area. To the east, the dominant Airmont, Weverton, and 
Stumptown soils formed in the mainly quartzite Antietam Formation, 
which is a continuation of the Catoctin Formation. To the west, the 
soils formed in granite and gneiss, which continue as units of the 
Catoctin Formation.
    Thus, as compared to the soils in the proposed viticultural area, 
the soils in the surrounding areas would require different vineyard 
management, produce different yields, and result in different vine 
growth and fruit quality.

TTB Determination

    TTB concludes that the petition to establish the approximately 190-
square mile ``Middleburg Virginia'' 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, ``Middleburg Virginia,'' 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. Consequently, wine bottlers 
using ``Middleburg Virginia'' 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, TTB does not believe that any single part of the 
proposed viticultural area name standing alone, that is, ``Middleburg'' 
or ``Virginia,'' would have viticultural significance in relation to 
this proposed viticultural area because: (1) According to Geographic 
Names Information Service, the ``Middleburg'' area name refers to 73 
locations in 14 States, including 22 populated places within the United 
States, so TTB believes that a determination of ``Middleburg'' as a 
term of viticultural significance could lead to consumer and industry 
confusion and should be avoided; and (2) ``Virginia,'' standing alone, 
is locally and nationally known as referring to the Commonwealth of 
Virginia, 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 states that ``[a] name has viticultural significance 
when it is the name of a state * * *.'' Therefore, the proposed part 9 
regulatory text set forth in this document specifies only ``Middleburg 
Virginia'' as a term of viticultural significance for purposes of part 
4 of the TTB regulations.
    For a wine to be eligible to use a viticultural area name as an 
appellation of origin or a term of viticultural significance in a brand 
name, at least 85 percent of the wine must be derived from grapes grown 
within the area represented by that name or 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 as an appellation of 
origin and that name or other term of viticultural significance 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 of viticultural 
significance 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 TTB should establish the proposed viticultural area. TTB is 
also interested in receiving comments on the sufficiency and accuracy 
of the name, boundary, climatic, 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 Middleburg Virginia viticultural area on wine labels that 
include the words ``Middleburg Virginia'' as discussed above under 
Impact on Current Wine Labels, TTB is also particularly interested in 
comments regarding whether there will be a conflict between the 
proposed viticulturally significant terms 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 linked to this notice in Docket No. TTB-2011-0009 
on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A link to the docket is available under Notice No. 
123 on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml">http://www.ttb.gov/wine/wine_rulemaking.shtml. Supplemental files may be attached to comments 
submitted via Regulations.gov. For information on how to use 
Regulations.gov, click on the site's Help or FAQ tabs.
     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. 123 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

[[Page 69203]]

title. If you comment via Regulations.gov, please include the entity's 
name in the ``Organization'' blank of the 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 that is inappropriate 
for public disclosure.

Public Disclosure

    On the Federal e-rulemaking portal, Regulations.gov, TTB will post, 
and the public 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">http://www.ttb.gov/wine/wine_rulemaking.shtml under 
Notice No. 123. 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. 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 
email addresses. TTB may omit voluminous attachments or material that 
TTB considers unsuitable for posting.
    You and other members of the public 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 20005. 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) 453-2270 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.

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

Subpart C--Approved American Viticultural Areas


Sec.  9.  Middleburg Virginia.

    (a) Name. The name of the viticultural area described in this 
section is ``Middleburg Virginia''. For purposes of part 4 of this 
chapter, ``Middleburg Virginia'' is a term of viticultural 
significance.
    (b) Approved maps. The 13 United States Geological Survey (scale 
1:24,000) topographic maps used to determine the boundary of the 
Middleburg Virginia viticultural area are titled:
    (1) Harpers Ferry Quadrangle, West Virginia-Virginia-Maryland, 
1996;
    (2) Point of Rocks Quadrangle, Maryland-Virginia, 1970, 
photoinspected 1981;
    (3) Waterford Quadrangle, Virginia-Maryland, 1970, photorevised 
1984;
    (4) Purcellville Quadrangle, Virginia-Loudoun Co., 1970, 
photorevised 1984;
    (5) Lincoln Quadrangle, Virginia-Loudoun Co., 1970, photoinspected 
1981;
    (6) Middleburg Quadrangle, Virginia, 1968, photorevised 1978, 
photoinspected 1981;
    (7) Rectortown Quadrangle, Virginia, 1970, photoinspected 1981;
    (8) Marshall Quadrangle, Virginia-Fauquier Co., 1970, photorevised 
1983;
    (9) Orlean Quadrangle, Virginia, 1970, photorevised 1983;
    (10) Upperville Quadrangle, Virginia, 1970, photorevised 1983;
    (11) Linden Quadrangle, Virginia, 1994;
    (12) Ashby Gap Quadrangle, Virginia, 1970, photorevised 1978, 
photoinspected 1981; and
    (13) Bluemont Quadrangle, Virginia, 1970, photorevised 1979; 
photoinspected 1981.
    (c) Boundary. The Middleburg Virginia viticultural area is located 
in Loudoun and Fauquier Counties, Virginia. The boundary of the 
Middleburg Virginia viticultural area is as described below:
    (1) The beginning point is on the Harpers Ferry map at the 
intersection of the easternmost boundary line of the Harpers Ferry 
National Historical Park and the south bank of the Potomac River in 
Loudoun County, Virginia. From the beginning point, follow the south 
bank of the Potomac River easterly (downstream) for approximately 8.2 
miles, crossing onto the Point of Rocks map, to the mouth of Catoctin 
Creek; then
    (2) Proceed southwesterly (upstream) along the meandering Catoctin 
Creek for approximately 4 miles to State Route 663 (locally known as 
Taylorstown Road) at Taylorstown; then
    (3) Proceed easterly on State Route 663 for approximately 0.1 mile 
to State Route 665 (locally known as Loyalty Road) in Taylorstown; then
    (4) Proceed southerly on State Route 665 for approximately 5.4 
miles, crossing onto the Waterford map, to State Route 662 on the south 
side of Waterford; then
    (5) Proceed southerly on State Route 662 for approximately 2.5 
miles to State Route 9 (locally known as Charles Town Pike) near 
Paeonian Springs; then
    (6) Proceed southerly on State Route 9 (Charles Town Pike) for 
approximately 0.7 mile, crossing over State Route 7 (locally known as 
Harry Byrd Highway), to State Business Route 7 (locally known as E. 
Colonial Highway); then
    (7) Proceed westerly on State Business Route 7 (E. Colonial 
Highway) for approximately 0.4 mile to the road's intersection with the 
continuation of State Route 662 (locally known as Canby Road); then
    (8) Proceed southerly on State Route 662 (Canby Road) for 
approximately 4 miles, crossing over the southwest corner of the 
Purcellville map onto the Lincoln map, to State Route 729; then

[[Page 69204]]

    (9) Proceed southwesterly on State Route 729 for approximately 2.8 
miles to the State Route 729 bridge at North Fork Creek; then
    (10) Proceed southeasterly (downstream) along the meandering North 
Fork Creek for approximately 4 miles to the confluence of North Fork 
Creek with Goose Creek; then
    (11) Proceed southwesterly (upstream) along the meandering Goose 
Creek for approximately 5.6 miles to State Route 734 at Carters Bridge; 
then
    (12) Proceed southeasterly on State Route 734 for approximately 2.4 
miles, crossing onto the Middleburg map, to State Route 629; then
    (13) Proceed southerly on State Route 629 for approximately 1 mile 
to the road's intersection with U.S. Route 50 at BM 341 at Dover, then 
continue in a straight line due south for approximately 150 feet to the 
Little River; then
    (14) Proceed southwesterly (upstream) along the meandering Little 
River for approximately 8 miles to the State Route 626 bridge at 
Halfway; then
    (15) Proceed northwesterly on State Route 626 for approximately 0.3 
mile to State Route 706, and then continue northwesterly on State Route 
706 for approximately 1.6 miles, crossing onto the Rectortown map, to 
Burnt Mill Run; then
    (16) Proceed west-southwesterly (upstream) along Burnt Mill Run for 
approximately 0.4 mile to State Route 705; then
    (17) Proceed south-southwesterly on State Route 705 for 
approximately 0.5 mile to State Route 715; then
    (18) Proceed west-northwesterly on State Route 715 for 
approximately 0.4 mile to State Route 709 at Zulla; then
    (19) Proceed south-southwesterly on State Route 709 for 
approximately 4.6 miles, crossing onto the Marshall map, to Interstate 
Highway 66 (0.6 mile south of Brookes Corner); then
    (20) Proceed west-northwesterly on Interstate Highway 66 for 
approximately 4.0 miles, crossing onto the Orlean map, to State Route 
732 (locally known as Ramey Road); then
    (21) Proceed westerly on State Route 732 approximately 2 miles to 
State Route 731 (locally known as Ashville Road) near Ashville; then
    (22) From the intersection of State Routes 732 and 731, proceed 
northwesterly in a straight line, crossing onto the Upperville map, to 
the marked 1,304-foot peak on Little Cobbler Mountain, then northerly 
in a straight line to the marked 1,117-foot peak on Little Cobbler 
Mountain, and then continue northerly in a straight line to the marked 
771-foot peak near the northern end of Little Cobbler Mountain; then
    (23) Proceed west in a straight line for approximately 2.7 miles to 
the 595-foot elevation point on State Route 724, southeast of Markham, 
and continue west in a straight line for approximately 3.1 miles, 
crossing onto the Linden map, to the point where the line meets the 
intersection of State Route 726 and an unnamed side road (near a 
cemetery), approximately 0.7 mile southwest of the intersection of 
State Route 726 and State Route 55 (near Belle Meade); then
    (24) Proceed northeasterly along State Route 726 for approximately 
0.7 mile to State Route 55; then
    (25) Proceed east-northeast in a straight line for approximately 
1.7 miles to the point where the line meets State Route 688 at BM 629 
in Wildcat Hollow; then
    (26) Proceed northerly and then northeasterly on State Route 688 
for approximately 5.5 miles, crossing over and back between the Linden 
and Upperville maps and then continuing on the Upperville map, to the 
road's intersection with U.S. Route 17; then
    (27) Proceed northerly on U.S. Route 17 for approximately 2.0 
miles, crossing onto the Ashby Gap map, to U.S. Route 50 (just east of 
Paris); then
    (28) Proceed east-northeasterly in a straight line for 
approximately 1.5 miles to the marked 797-foot elevation point located 
along State Route 618 at a fork in the road approximately 0.65 miles 
north of U.S. Route 50; then
    (29) Proceed southeasterly in a straight line for approximately 0.9 
mile to U.S. Route 50 at BM 625, which is located at a bridge over an 
unnamed branch of Panther Skin Creek; then
    (30) Proceed south-southeasterly in a straight line for 
approximately 2.9 miles, crossing onto the Upperville map, to the 
intersection of State Routes 712 and 710 at Kerfoot; then
    (31) Proceed southeasterly on State Route 710 for approximately 2.5 
miles, crossing onto the Rectortown map, to the State Route 710 bridge 
over Goose Creek; then
    (32) Proceed northeasterly (downstream) along the meandering Goose 
Creek for approximately 10.9 miles to State Route 626 at Bentons 
Bridge; then
    (33) Proceed northwesterly on State Route 626 for approximately 4.0 
miles, crossing onto the Bluemont map, to State Route 630 at Unison; 
then
    (34) Proceed northeasterly on State Route 630 for approximately 
0.75 mile to Dog Branch; then
    (35) Proceed northwesterly along Dog Branch for approximately 1.75 
miles to State Route 719; then
    (36) Proceed north-northeasterly on State Route 719 for 
approximately 2 miles to State Route 734 at Airmont; then
    (37) Proceed east-southeasterly on State Route 734 for 
approximately 0.7 mile to State Route 735; then
    (38) Proceed northeasterly on State Route 735 for approximately 2 
miles to State Route 725; then
    (39) Proceed north-northeasterly in a straight line for 
approximately 4.4 miles, crossing over the northwest corner of the 
Lincoln map and then onto the Purcellville map, to the intersection of 
State Routes 711 and 690, (northwest of Purcellville); then
    (40) Proceed north-northeasterly on State Route 690 for 
approximately 3.1 miles to State Route 9, then proceed east on State 
Route 9 for approximately 0.2 mile to the continuation of State Route 
690, then proceed northerly on State Route 690 for approximately 5.3 
miles, crossing onto the Harpers Ferry map, to the road's intersection 
with the 600-foot elevation line immediately south of the road's marked 
592-foot elevation point (located 0.75 mile east-northeast of the radio 
facilities at the 1,424-foot peak of Short Hill Mountain); then
    (41) Proceed northerly along the 600-foot elevation line for 
approximately 4 miles to the intersection of the 600-foot elevation 
line with the Harpers Ferry National Historical Park south boundary, 
approximately 0.2 mile south of the point where the Washington and 
Frederick Counties, Maryland, boundary line intersects with the south 
bank of the Potomac River; then
    (42) Proceed east and north approximately 0.75 mile along the 
Harpers Ferry National Historical Park boundary line, returning to the 
south bank of the Potomac River and the beginning point.

    Dated: November 3, 2011.
John J. Manfreda,
Administrator.
[FR Doc. 2011-28930 Filed 11-7-11; 8:45 am]
BILLING CODE 4810-31-P