[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Proposed Rules]
[Pages 33985-33995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13865]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2012-0004; Notice No. 129]
RIN 1513-AB46


Proposed Establishment of the Indiana Uplands Viticultural Area 
and Modification of the Ohio River Valley Viticultural Area

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

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to 
establish the approximately 4,800-square mile ``Indiana Uplands'' 
viticultural area in south-central Indiana and proposes to modify the 
boundary of the established Ohio River Valley viticultural area, which 
would result in the elimination of a potential overlap with the 
proposed Indiana Uplands viticultural area. These proposals would 
result in an approximately 1,530 square mile region no longer being 
part of the Ohio River Valley viticultural area as the affected region 
would be included in the new Indiana Uplands viticultural area. 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 these proposals.

DATES: TTB must receive written comments on or before August 7, 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-2012-0004 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 200E, 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-2012-0004. 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. 129. 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 St. 
NW.,

[[Page 33986]]

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 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 FAA Act 
pursuant to section 1111(d) of the Homeland Security Act of 2002, 
codified at 6 U.S.C. 531(d). The Secretary has delegated various 
authorities through Treasury Department Order 120-01 (Revised), dated 
January 21, 2003, to the TTB Administrator to perform the functions and 
duties in the administration and enforcement of this law.
    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 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.

Indiana Uplands Petition

    Jim Butler of Butler Winery in Bloomington, Indiana submitted a 
petition to establish the approximately 4,800-square mile Indiana 
Uplands American viticultural area in south-central Indiana. The 
proposed Indiana Uplands viticultural area contains 19 vineyards with 
approximately 200 acres under cultivation, 2 planned vineyards of 15 to 
20 acres each, and 17 wineries; the existing and planned vineyards are 
geographically distributed throughout the proposed viticultural area, 
according to a map submitted with the petition. Unless otherwise noted, 
all information and data set forth below are from the petition for the 
proposed Indiana Uplands viticultural area and its supporting exhibits.
    Spanning 110 miles north to south beginning at the line that 
separates Morgan and Monroe Counties, the proposed Indiana Uplands 
viticultural area extends south to the Ohio River at the Kentucky 
border. The proposed viticultural area extends approximately 63 miles 
east to west at its widest point, from Clark County to Martin County. 
Nineteen Indiana counties are located partially or totally within the 
proposed viticultural area: Monroe, Brown, Morgan, Owens, Greene, 
Lawrence, Bartholomew, Orange, Washington, Floyd, Harrison, Perry, 
Crawford, Jackson, Martin, Daviess, Dubois, Scott, and Spencer.
    TTB notes that approximately 1,530 square miles in the southern 
portion of the proposed Indiana Uplands viticultural area is currently 
within the approximately 26,000-square mile Ohio River Valley 
viticultural area (27 CFR 9.78). The Ohio River Valley viticultural 
area encompasses the broad valley surrounding the Ohio River in 
Indiana, Kentucky, Ohio, and part of West Virginia; see T.D. ATF-144, 
published in the Federal Register (48 FR 40377) on September 7, 1983. 
This issue is addressed in more detail later in this preamble.

Name Evidence

    The ``Indiana Uplands'' geographic name was first commonly used for 
the region in which the proposed viticultural area is located beginning 
in the 1920s, and today that region is still referred to as the 
``Indiana Uplands.'' For example, Paul Harris, the founder of Rotary 
International, wrote that ``[w]e had never even thought it possible 
that there could be country of such remarkable scenic interest so near 
to Chicago and yet so little advertised. Surely the much-heralded 
Berkshire hills have nothing on this wonderful stretch of Indiana 
uplands'' (``A Sentimental Journey through Hoosierdom,'' Rotary Globe 
History Fellowship, 1924, available at www.whatpaulharriswrote.org). A 
1976 article from National Geographic magazine relates the story of the 
``Uplanders,'' the earliest white settlers in the area, and the map 
from that article highlights the Indiana Uplands area (``Indiana's 
Uplands,'' in ``Indiana's Self-Reliant Uplanders,'' James Alexander, 
National Geographic, March 1976).
    Further, some publications have recognized the distinctiveness of 
the Indiana Uplands region as compared to the surrounding areas. As 
stated in a visitors' brochure, ``Bloomington is nestled in the hills 
of the Indiana Uplands. These unglaciated hills extend from north of 
Bloomington southward to the Ohio River'' (Monroe County Convention and 
Visitors Bureau brochure, undated). [TTB notes that Bloomington is 
located in the north-central portion of the proposed viticultural area, 
as shown on the Bloomington USGS map.] An article in the Bloomington 
Herald Times similarly

[[Page 33987]]

states that the Indiana Uplands area contains the unglaciated plateau 
geography of southern Indiana that begins south of Martinsville and 
extends to the Ohio River at the northern border of the State of 
Kentucky (``State of Wine: New designation aimed at creating tourist 
destinations for area wineries,'' Bloomington Herald Times, July 4, 
2004). That same article discusses the Indiana Uplands Wine Trail, 
which was organized in 2003 and founded by 7 wineries located within 
the proposed Indiana Uplands viticultural area.

Boundary Evidence

History of Viticulture in the Proposed Indiana Uplands Viticultural 
Area
    Between 1843 and 1846, Simon Huber planted vineyards and orchards 
in Starlight, Floyd County, Indiana, and he commercially produced wine 
until the early 1900s (Ted Huber, in an April 2006 interview with the 
petitioner). During that same era, five miles south of the Huber 
vineyard, ``Pop'' Stumler also grew grapes and made and marketed wine. 
Each winemaker produced approximately 1,000 gallons of wine annually. 
The 1880 census reported that 26,000 gallons of wine were produced 
within the Indiana Uplands region that year, which constituted 
approximately one quarter of the wine produced in Indiana. Winemaking 
in the region continued in the 1890s and early 1900s, with John 
Sacksteder producing 10,000 gallons of wine annually in Leavenworth, 
Perry County, Indiana (Richard Sacksteder, in a January 2002 letter to 
the petitioner), which included the ceremonial wine for the Roman 
Catholic Diocese of Kentucky.
    Prohibition halted the commercial production of wine in the Indiana 
Uplands region, but grape growing in the region regained popularity 
beginning in the 1960s. In 1966, grapevines were planted at the Oliver 
Winery northwest of Bloomington; in 1971, grapevines were planted at 
the Easley Winery at Cape Sandy near the Ohio River and the Possum Trot 
Winery near Unionville; and, in 1987, the Huber family started 
replanting grapevines.
Proposed Boundary Line of the Proposed Indiana Uplands Viticultural 
Area
    The proposed Indiana Uplands viticultural area encompasses a 
plateau landform that contains elevations between 200 and 600 feet 
above the surrounding regions; the proposed boundary line generally 
follows the contour lines at the base of the plateau. Where the edges 
of the plateau lack sharp changes in elevation, or where contour lines 
greatly meander, the proposed boundary line follows features such as 
county borders, roads, railroad tracks, and rivers, or follows straight 
lines between points found on the appropriate USGS maps. The proposed 
Indiana Uplands viticultural area contains three physiographic 
divisions: the Crawford Upland, the Norman Upland, and the Mitchell 
Plateau (``Map of Indiana Showing Physiographic Divisions,'' Henry H. 
Gray, Indiana Geological Survey, 2001).
    The western portion of the boundary line of the proposed Indiana 
Uplands viticultural area approximates the boundary between the 
physiographic regions of the Crawford Upland on the Indiana Uplands 
plateau within the proposed viticultural area and the Boonville Hills 
and Wabash Lowland to the west outside of the proposed viticultural 
area (id.). The northern portion of the boundary line marks the 
separation of the Indiana Uplands plateau from the Central Till Plain 
Region of central Indiana (id.). The eastern portion of the proposed 
boundary line divides the Norman Uplands immediately inside the eastern 
portion of the proposed Indiana Uplands viticultural area from the 
Scottsburg Lowland of southeastern Indiana (``Map of Indiana Showing 
Bedrock Physiographic Units'' in ``Natural Features of Indiana,'' Alton 
A. Lindsey, editor, Indiana Academy of Science, Indiana State Library, 
1966). The southern boundary line follows the northern bank of the Ohio 
River, which separates Indiana from Kentucky, westward from New Albany 
to the boundary's beginning point at Troy, Indiana.
    Specifically, the proposed Indiana Uplands viticultural area 
boundary begins at the confluence of the Anderson River with the Ohio 
River at Troy, then proceeds north-northwest in a straight line to the 
junction of State Roads 62 and 162, north of Santa Claus. It then 
follows State Road 162 north to Jasper, then U.S. 231 north to 
Bloomfield, where it then largely follows the 180-meter contour line 
northeast along the White River flood plain to the southwest corner of 
Morgan County. The proposed boundary then follows the 200-meter contour 
line easterly along the White River and Indian Creek flood plains to 
State Road 135. The boundary then follows the Brown County line to the 
county's northeastern corner.
    The proposed Indiana Uplands viticultural area boundary then 
proceeds south along several straight lines and State Road 58 to just 
past the Bartholomew-Jackson county line (passing east of Harrison, 
Grandview, and Lutheran Lakes), then follows the 200-meter contour 
line, U.S. 50, and State Road 235 to Medora. The boundary then proceeds 
southwest along a railroad to Sparksville, then runs east to Millport, 
then southeasterly to Pumpkin Center, then follows a straight line 
south to Old State Road 56, then follows that road and S. Bloomington 
Trail to Leota, and then continues in a straight line to Interstate 65 
at Underwood. The proposed boundary then proceeds south-southwest in a 
straight line to State Route 60 at Carwood, and then follows State 
Routes 60 and 111 south to St. Joseph, where it then proceeds southerly 
along straight lines through Bald Knob and Lost Knob before proceeding 
south in a straight line, passing along the western edge of New Albany, 
to the confluence of French Creek with the Ohio River in Franklin 
Township, just southwest of New Albany. The proposed boundary then 
follows the Indiana shoreline of the Ohio River westward (downstream) 
to its beginning point at the mouth of the Anderson River at Troy.

    Note: TTB made several modifications to the petitioned-for 
boundary in order to use more easily-located features that appear on 
the USGS maps used to determine the boundaries of both the proposed 
Indiana Uplands viticultural area and the established Ohio River 
viticultural area, and to more closely conform the proposed boundary 
to the base of the Indiana Uplands plateau. The Indiana Uplands 
petitioner has agreed to the suggested changes.

Distinguishing Features

    The distinguishing features of the proposed Indiana Uplands 
viticultural area include its geology, topography, comparatively high 
plateau elevations, thin residual soils mantled with loess, and a 
distinctively cool growing season climate. In contrast to the proposed 
viticultural area, the surrounding regions outside of it have lower 
elevations, evidence of repeated glacial advances, and different soils 
and topography. In addition, the surrounding regions to the east, 
south, and west of the Indiana Uplands plateau have a warmer growing 
season climate.
Geology
    The underlying bedrock of the proposed Indiana Uplands viticultural 
area is a factor that contributes to its uniqueness as a grape-growing 
area because the bedrock influences the area's distinctive topography, 
climate, and soils. The bedrock, which was formed in a shallow inland 
sea during

[[Page 33988]]

the Mississippian period approximately 345 to 325 million years ago, is 
composed of layers of limestone, shale, and sandstone that tilt west-
southwesterly and descend 25 to 30 feet in elevation per mile. Based on 
its topographic tilt, the bedrock near the surface is more recent from 
east to west across the region.
    During the Illinoian glacial advance, glaciers advanced up to and 
proceeded around the proposed Indiana Uplands viticultural area on its 
west, north, and east sides, leaving relatively higher elevations on 
the plateau landform as compared to the rest of Indiana. Over time, the 
plateau remained free from glacial advances due to the height of the 
plateau. Several studies that attempted to define the perimeter of the 
glacier boundary line surrounding the Indiana Uplands region produced 
somewhat differing results; as a result, the boundary line of the 
proposed Indiana Uplands viticultural area follows a conservative 
estimate of glacial advances and conforms to the physiographic units of 
the region (``Physiography of Eastern United States,'' Nevin Fenneman, 
McGraw-Hill Book Co., 1938).
    Due to the lack of glaciations in the region, the topography of the 
proposed Indiana Uplands viticultural area strongly reflects the 
structure of its bedrock. As a result, the landforms within the Indiana 
Uplands plateau region were primarily created by the weathering and 
stream erosion of the bedrock, which created the steep valleys and high 
ridges that are common throughout the area. Although the Indiana 
Uplands region was generally not glaciated, there was some glacial 
intrusion around the edges of the plateau, resulting in a thin layer of 
glacial drift over the bedrock in those areas.
Topography
    The proposed Indiana Uplands viticultural area plateau landscape 
contains numerous creeks that feed into lakes and rivers, according to 
the USGS maps. The terrain is generally hilly throughout the region, 
especially in the rural forests, parks, and wilderness areas. In 
addition, according to the USGS maps, steep ridges predominate along 
much of the boundary line, marking where the plateau descends to the 
surrounding lower elevations. At the approximate center of the proposed 
Indiana Uplands viticultural area are the Hoosier National Forest and 
Monroe Lake, which are surrounded by other forests, parks, lakes, and 
recreation areas, according to the USGS maps.
    According to USGS maps, the plateau that comprises the proposed 
Indiana Uplands viticultural area gradually descends from an elevation 
of 1,033 feet in the northeast corner to an elevation of 358 feet in 
the southwest corner, although glacial till deposits moderate some 
differences in elevations along the proposed boundary line. The Ohio 
River bluffs rise to a height of 600 feet above the water line in some 
areas within the proposed viticultural area.
    As shown in the below table, which TTB created based on data and 
USGS maps submitted with the petition, elevations generally are higher 
within the proposed viticultural area than in the surrounding areas.

               Elevations Relative to the Indiana Uplands
------------------------------------------------------------------------
                 Area                            Location           Feet
------------------------------------------------------------------------
Bloomington...........................  Within north.............    789
Paoli.................................  Within central...........    720
Doolittle Mill........................  Within south.............    656
Martinsville..........................  Outside north............    623
Scottsburg............................  Outside east.............    557
Louisville............................  Outside southeast........    460
Huntingburg...........................  Outside west.............    525
------------------------------------------------------------------------

    Elevations in the northeast portion of the Indiana Uplands plateau 
generally reach 850 to 950 feet, and the Knobstone Escarpment, which 
defines part of the eastern and northern portions of the proposed 
boundary line, reaches an elevation of approximately 1,000 feet, 
according to USGS maps. Elevations in the southeast portion of the 
proposed Indiana Uplands viticultural area generally vary between 450 
and 600 feet. The lowest point in the proposed viticultural area is at 
an elevation of 358 feet at the confluence of the Anderson and Ohio 
Rivers in the southwestern corner of the proposed viticultural area, 
according to USGS maps.
    As noted above, there are three physiographic units within the 
proposed Indiana Uplands viticultural area: The Norman Upland, the 
Mitchell Plateau, and the Crawford Upland (``Natural Features of 
Indiana,'' supra). Each of these physiographic units is underlain by 
different rock materials of different ages (including shale, limestone, 
and sandstone) that have different rates of erosion, resulting in a 
variety of landforms within the Indiana Uplands region: The Norman 
Uplands in the eastern portion of the proposed viticultural area is 
generally characterized by flat-topped ridges with steep slopes that 
form deep V-shaped valleys and strong relief; the Mitchell Plateau in 
the center ranges from relatively steep topography drained by surface 
streams to undulating plains with sinkholes for underground drainage; 
and the Crawford Upland in the west resembles the Norman Upland but 
with greater local relief of 350-500 feet (id., pp. 77-78).
    By contrast, the surrounding areas to the east, north, and west 
contain different physiographic units, which similarly affect the 
topography and soils in those areas. The Illinoian glacial advance 
stopped before reaching the Boonville Hills to the southwest of the 
Indiana Uplands, where windblown sand and silt cover the predominant 
undulating topography. The wider valleys of the Boonville Hills are 
characterized by island-like masses of bedrock covering several square 
miles that rise 100 to 150 feet above the surrounding areas.
    To the east of the proposed viticultural area, relatively 
nonresistant late Devonian and early Mississippian shales underlie the 
low relief of the Scottsburg Lowland, with elevations below the 
proposed viticultural area ranging from approximately 750 feet to the 
northeast of the proposed viticultural area to 500 feet to the 
southeast of the proposed viticultural area. The northern portion of 
the Scottsburg Lowland is partially filled with up to 150 feet of 
glacial drift, which reduces the elevation differential compared to the 
Indiana Uplands plateau to 150 feet in that area.
    The area to the north of the Indiana Uplands area, recently 
designated as the Martinsville Hills, contains thick glacial deposits 
that nearly obscure the general form of the bedrock units (``Natural 
Features of Indiana,'' supra). The Wabash Lowland, a broad lowland with 
an average elevation of 500 feet and a partial blanket of glacial till, 
is located to the west of the proposed viticultural area. Although the 
same three physiographic units of the Indiana Uplands area--the Norman 
Upland, the Mitchell Plateau, and the Crawford Upland--generally extend 
south into Kentucky, the region to the south of the Indiana Uplands 
plateau is separated from the proposed viticultural area by the Ohio 
River Valley (``Handbook of Indiana Geology,'' C.A. Mallot, Publication 
21, part 2, Indiana Department of Conservation, 1922).
Soils
    The proposed Indiana Uplands viticultural area contains soils 
formed predominantly in discontinuous loess over weathered sandstone, 
shale, or limestone (``Map of the Soils Regions of Indiana,'' in 
``Adaptability of Tillage-Planting Systems of Indiana Soils,'' G.C. 
Steinhardt, D.R. Griffith, and J.V. Mannering, Agronomy Department,

[[Page 33989]]

Cooperative Extension Service, Purdue University, 1990). The thin 
residual soils formed in loess overlying the parent material contrast 
with the surrounding glacial deposits to the west, north, and east of 
the Indiana Uplands plateau.
    The predominant soil types in the proposed Indiana Uplands 
viticultural area belong to the red-yellow podzolic soil group 
(``Natural Features of Indiana,'' supra, pp. 65-66). These soils are 
more common on the unglaciated Indiana Uplands than in other areas of 
Indiana, and the subsoil of these soils varies from red through 
yellowish-red and a brighter yellowish-brown silt loam to silty clay 
loam. Due to the relatively low fertility of these soils, applications 
of lime and fertilizer and good vineyard management practices are 
needed in this area.
    The erosion rate of the soils in the Indiana Uplands region exceeds 
that of soils located in other areas of Indiana (``Climate of 
Indiana,'' S.S. Visher, Science Series No. 13, Indiana University 
Publications, 1944, pp. 373-374). Erosion is a significant problem in 
the Indiana Uplands region due to: (1) Its commonly steep, rugged 
terrain; (2) the greater incidence of heavy rains than in other areas 
of the state; and (3) poor farming practices in the 1800s. These 
factors have caused a depletion in the quantity of topsoil in the 
ridges and hilltops in the region, which results in a significant 
decrease in the potential productivity of the soils in the proposed 
Indiana Uplands viticultural area for general agricultural purposes.
    Two general soil associations formed in the region encompassed by 
the proposed Indiana Uplands viticultural area (``Natural Features of 
Indiana,'' supra, pp. 77-80). One soil association, consisting of 
Zanesville, Tilsit, Wellston, Gilpin, Berks, Montevallo, Ramsey, and 
Muskingum soils, is located on the Norman Upland on the east side of 
the Indiana Uplands plateau and on the Crawford Upland on the west 
side. The second soil association consists of Frederick, Bewleyville, 
and Crider soils, which are located on the Mitchell Plateau in the 
middle of the Indiana Uplands region.
    To the east of the proposed Indiana Uplands viticultural area, the 
soils formed in moderately thick loess over weathered loamy glacial 
till (``Natural Features of Indiana,'' supra, pp. 83-84). The 
predominant soils include the well-drained Cincinnati and Hickory 
soils, the moderately well-drained Ross and Moyne soils, and the poorly 
drained Avonburg soils. To the west and north of the proposed Indiana 
Uplands viticultural area, the soils of the western lobe of the 
Illinoian Till Plain range from thick to moderately thick loess 
deposits over weathered loamy glacial till (``Natural Features of 
Indiana,'' supra, pp. 81-82). The well drained-Cincinnati soils, the 
moderately well-drained Ave soils, and the poorly drained Vigo soils 
are predominant in these areas. Only to the south of the proposed 
Indiana Uplands viticultural area, across the Ohio River in Kentucky, 
are adjacent soils similar to those on the Indiana Uplands.
    Although the thin, acidic, and in some places poorly drained soils 
of the Indiana Uplands region are not suited to most types of farming 
without liming, deep plowing, or installation of tile drainage in areas 
with hardpans, these soils are not incompatible with grape growing. As 
Albert J. Winkler stated, ``[t]he largest vines and the heaviest crops 
are produced on deep, fertile soils. The quality of fruit is better, 
although the yields are usually lower, on soils of lower fertility or 
soils limited in depth by hardpan, rocks, or clay strata'' (``General 
Viticulture,'' Albert J. Winkler, University of California Press, 1974, 
p. 71). Similarly, although the soils in the proposed Indiana Uplands 
viticultural area are thinner and less productive than those in 
surrounding regions, the petitioner notes that they should produce 
quality fruit and wines of a distinctive character.
Climate
    The elevations and topography of the proposed Indiana Uplands 
viticultural area contribute to the unique climatic conditions within 
the proposed viticultural area. Cold air drainage from vineyards on the 
hilltops and ridges of the elevated plateau landform flows as much as 
350 feet to the valleys below, creating air movement, limiting frost 
accumulation in the vineyards, and extending the growing season in 
spring and fall. In addition, the hilltops and ridges in the area catch 
breezes that keep the fruit dry and free of fungus and mildew. 
Consequently, as described below, air temperature and precipitation are 
distinguishing climatic features of the proposed Indiana Uplands 
viticultural area.
    Temperature: Summer and winter temperatures in the proposed Indiana 
Uplands viticultural area normally are cooler than those in areas to 
the east, south, and west of the plateau. The cooler temperatures 
result in lower total accumulated growing degree days (GDD) \1\ during 
the growing season (April through October), as compared to most 
surrounding areas.
---------------------------------------------------------------------------

    \1\ In the Winkler climate classification system, heat 
accumulation during the grape-growing season measured in GDD defines 
climatic regions (``General Viticulture,'' A.J. Winkler, 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. 
Climatic region I has less than 2,500 GDD per year; region II, 2,501 
to 3,000; region III, 3,001 to 3,500; region IV, 3,501 to 4,000; and 
region V, 4,001 or more.
---------------------------------------------------------------------------

    As shown in the below table, which TTB prepared based on data and a 
map submitted with the petition, temperatures and GDDs on the Indiana 
Uplands plateau are generally lower than in most areas outside the 
plateau; only the adjacent northwest area has cooler growing 
conditions. According to this data, most of the proposed viticultural 
area is located in climatic region III, with some region IV areas on 
the western and southern margins. By contrast, the surrounding areas 
outside of the proposed viticultural area generally are in region IV.

 Annual Growing Degree Days and Climatic Regions of Locations Within and
                Outside of the Indiana Uplands, 1961-90 *
------------------------------------------------------------------------
                                                      Annual
                                                     growing    Climatic
            Location of weather station               degree     region
                                                       days
------------------------------------------------------------------------
Within north-central..............................      3,405        III
Within central....................................      3,318        III
Within south-central..............................      3,426        III
Outside northwest.................................      3,227        III
Outside west......................................      3,889         IV
Outside northeast.................................      3,536         IV
Outside east......................................      3,554         IV
Outside south.....................................      3,597         IV
------------------------------------------------------------------------
* Based on National Climatic Data Center (NCDC) data, as represented in
  ``Indiana and Kentucky Growing Degree Days'' map, Jim Butler,
  unpublished, 2007, submitted with the petition.

    Precipitation: The comparatively high level of precipitation in the 
proposed Indiana Uplands viticultural area results from moist air 
masses flowing from the southwest and passing over the Indiana Uplands 
plateau. The proposed Indiana Uplands viticultural area receives more 
annual rainfall than other regions of Indiana, as shown in the table 
below, which TTB prepared based on data submitted with the petition.

 Annual Rainfall Within and Outside of the Proposed Viticultural Area *
------------------------------------------------------------------------
                      Region of Indiana                          Inches
------------------------------------------------------------------------
Locations within the proposed viticultural area..............         47

[[Page 33990]]

 
Outside, southern part of the State..........................         44
Outside, central part of the State...........................         42
Outside, northeastern part of the State......................         37
------------------------------------------------------------------------
* Based on NCDC data for Indiana for 1971-2000 (http://www.ncdc.noaa.gov/oa/ncdc.html), submitted with the petition.

    As previously noted, over time, the heavier precipitation in the 
region has contributed to greater soil erosion on the Indiana Uplands 
plateau than in other parts of the state as well as an increased 
breakdown of organic material in the soil. The increased precipitation 
does not negatively affect grape-growing in the region, however, 
because the heaviest precipitation occurs from November through May 
(according to data from the National Climactic Data Center (1971-
2000)). The annual rainfall in the proposed Indiana Uplands 
viticultural area is approximately the same from June through October 
as compared to the rest of Indiana, resulting in relatively dry soils 
for the important grape ripening months of August, September, and 
October.

TTB Determination Regarding the Proposed Indiana Uplands Viticultural 
Area

    TTB concludes that the petition to establish the approximately 
4,800-square mile Indiana Uplands viticultural area merits 
consideration and public comment as invited in this notice. Consistent 
with 27 CFR 9.12(b), however, TTB considered whether the features of 
the portion of the proposed Indiana Uplands viticultural area that 
overlaps the established Ohio River viticultural area are so clearly 
distinguished from the larger Ohio River Valley viticultural area that 
wine produced from grapes grown within the overlap area should no 
longer be entitled to use the name of the Ohio River Valley 
viticultural area as an appellation of origin or in a brand name if the 
proposed Indiana Uplands viticultural area is established. Accordingly, 
the following sections of this preamble: (1) Provide an overview of the 
existing Ohio River Valley viticultural area; (2) contrast the 
distinguishing features of the Ohio River Valley viticultural area to 
those of the proposed Indiana Uplands viticultural area; and (3) 
discuss a proposed modification of the boundary of the Ohio River 
Valley viticultural area.

Overview of the Ohio River Valley Viticultural Area

    According to T.D. ATF-144, the currently established approximately 
26,000-square mile Ohio River Valley viticultural area includes 
extensive valley areas on both sides of the Ohio River, covering 
portions of Indiana, Kentucky, Ohio, and West Virginia, extending from 
Valley Grove, West Virginia to the convergence of the Kentucky, 
Illinois, and Indiana state lines at the confluence of the Wabash and 
Ohio Rivers. In Indiana, the boundary line of the Ohio River Valley 
viticultural area runs diagonally northeast-to-southwest, and in some 
areas the boundary line extends approximately 32 miles northward from 
the Ohio River, as shown on USGS maps.
    TTB notes that the 943-mile-long Ohio River starts at the 
confluence of the Allegheny and Monongahela Rivers at Point State Park 
in Pittsburgh, Pennsylvania and flows generally southwest, joining the 
Mississippi River at Cairo, Illinois. According to T.D. ATF-144, the 
Ohio River Valley viticultural area is characterized by a distinctive 
rainfall pattern that includes accumulations in excess of 2.5 inches 
within a 24-hour period each month, except in October. T.D. ATF-144 
further states that the moderate to slow permeability of the dominant, 
gray-brown podzolic soils and the general topography of the valley 
result in rapid runoff during intensive rains.
    In addition, according to T.D. ATF-144, winds that originate in the 
Gulf of Mexico travel up the river valley from the Mississippi Valley, 
resulting in a more moderate climate with less dramatic temperature 
extremes during the growing season than other areas of similar 
latitude. The petition for the establishment of the Ohio River Valley 
viticultural area (ORV petition) notes that the riverine climate and 
upstream winds help prevent excessive moisture from damaging crops, and 
the surrounding areas protect the river valley against weather 
extremes. Vineyards in the Ohio River Valley region are commonly 
located on hillsides that absorb the sun's warmth and provide optimum 
growing conditions, according to the ORV petition.

Differences in Distinguishing Features

    Based on TTB's review of the evidence and other information 
provided in the ORV petition and the petition and evidence submitted in 
support of the proposed Indiana Uplands viticultural area, the geology, 
topography, soils, and climate of each area are distinguishable.
Geology
    Although T.D. ATF-144 does not specifically address the geology of 
the Ohio River Valley viticultural area, the geological history of the 
Ohio River Valley region was discussed in the ORV petition. According 
to the ORV petition, the Ohio River was created by the impact of 
glaciers in the Ohio region during the last Ice Age. Prior to the Ice 
Age, there were only other rivers and streams in the Ohio area, with 
high ridges located between segments of what became the Ohio River. The 
ORV petition explains that glaciers later blocked the northward flow of 
rivers in the region, causing them to form large inland glacial lakes. 
Eventually, the dammed up lakes reached elevations that caused the 
water to start eroding new, southwesterly channels. Then, as the great 
ice sheet began to melt during the Ice Age thaw, enormous amounts of 
water were released into the lakes of Ohio, and the resulting torrent 
of water, ice, sand, gravel, and boulders sculpted wide creek beds and 
crushed the glacial lake dams. The ORV petition states that this deluge 
further deepened and widened the new river valley to approximately the 
current shape and location of the Ohio River.
    In contrast, as noted above, the proposed Indiana Uplands 
viticultural area encompasses a continuous plateau of unglaciated 
bedrock. As described in the Indiana Uplands petition, the Indiana 
Uplands plateau formed 345 to 325 million years ago from an inland sea, 
and, during the last Ice Age, the elevated, bedrock-controlled plateau 
deflected repeated glaciations from the west, north, and east. These 
glaciations reached only to the edges of the plateau, and largely did 
not affect the Indiana Uplands region. The terrain of the Indiana 
Uplands plateau generally was formed by weathering and stream erosion, 
in contrast to the glacial effects that created the Ohio River Valley.
Topography
    Based on a review of the ORV petition, the petition for the 
proposed Indiana Uplands viticultural area, and the relevant USGS maps, 
TTB believes that the topography within the Ohio River Valley 
viticultural area also differs from that within the proposed Indiana 
Uplands viticultural area. The currently approved 26,000-square mile 
Ohio River Valley viticultural area is characterized by a long river 
with many tributaries and an expansive valley; in contrast, the 4,800-
square mile proposed Indiana Uplands viticultural area is

[[Page 33991]]

characterized by a rural and hilly plateau landform.
Soils
    T.D. ATF-144, the ORV petition, and the petition for the proposed 
Indiana Uplands viticultural area provide evidence that the predominant 
soils within the Ohio River Valley viticultural area are significantly 
different from those in the Indiana Uplands plateau. According to T.D. 
ATF-144, gray-brown podzolic soils are predominant on the ridges, 
hills, and slopes of the Ohio River Valley viticultural area. After 
intensive rainfall, the slow to moderate permeability of these soils 
and the valley topography cause rapid runoff and prevent a flood 
hazard.
    In contrast, red-yellow podzolic soils predominate within the 
proposed Indiana Uplands viticultural area, according to the Indiana 
Uplands petition. These soils formed in discontinuous loess over 
weathered sandstone, shale, and limestone, and have moderate 
permeability. In addition, the Indiana Uplands petition states that the 
soil types found in the proposed Indiana Uplands viticultural area are 
more common on the unglaciated Indiana Uplands plateau than they are in 
surrounding areas, and they have a higher erosion rate than soils in 
other, more glaciated areas of Indiana.
Climate
    The climate within the Ohio River Valley viticultural area also 
appears to differ from that of the proposed Indiana Uplands 
viticultural area. According to T.D. ATF-144, the Ohio River Valley 
viticultural area climate is characterized by a distinctive rainfall 
pattern (called ``Ohio Type'') and is influenced by wind. In the ``Ohio 
Type'' climate, the Ohio River Valley can receive accumulations in 
excess of 2.5 inches within a 24-hour period each month, except in 
October. Such rainfalls would cause a severe flood hazard but for the 
moderate to slow permeability of the predominant soils and the 
geography of the river valley, which permits rapid runoff after 
intensive rainfall. T.D. ATF-144 also states that the climate of the 
Ohio River Valley viticultural area is further distinguished by winds 
that originate in the Gulf of Mexico, travel northeast through the 
Mississippi River Valley, and pass through the Ohio River Valley. As a 
result, the climate within a few miles of the river is more moderate 
and has less dramatic temperature extremes during the growing season as 
compared to other areas of similar latitude.
    According to the Indiana Uplands petition, the average annual 
precipitation in the proposed Indiana Uplands viticultural area is 47 
inches, which is higher than in other areas of Indiana. However, this 
represents 13 inches less precipitation annually than the Ohio River 
Valley viticultural area, according to TTB research using the long-term 
database of the Midwestern Regional Climate Center (MRCC) in 
cooperation with the Illinois State Water Survey and National Climatic 
Data Center. TTB further notes that the Indiana Uplands plateau does 
not appear to be affected by the consistent wind pattern and the ``Ohio 
Type'' rainfall pattern that characterize the weather of the Ohio River 
Valley viticultural area.
    In addition, as shown in the below table, growing season 
temperatures are generally significantly lower on the Indiana Uplands 
plateau than in the Ohio River Valley viticultural area.

------------------------------------------------------------------------
                                                                Winkler
                       Area                            GDD      climatic
                                                                 region
------------------------------------------------------------------------
Indiana Uplands plateau...........................      3,383        III
Ohio River Valley AVA * (average).................      4,018          V
------------------------------------------------------------------------
* The 3,383 GDD average is based on the data from the Indiana Uplands
  petition discussed above; the 4,018 GDD average is derived from MRCC
  statistics for Evansville, Illinois (4,063 degrees), Owensboro (4,154
  degrees) and Louisville, Kentucky (4,115 degrees), and Cincinnati,
  Ohio (3,741 degrees), all within the Ohio River Valley viticultural
  area.

Proposed Modification of the Ohio River Valley Viticultural Area 
Boundary

    Based on the evidence summarized above, TTB believes that there are 
significant differences between the distinguishing features of the Ohio 
River Valley viticultural area and those of the proposed Indiana 
Uplands viticultural area. In addition, the Indiana Uplands petition 
presents evidence that the geology, soils, topography, and climate of 
the proposed viticultural area are largely consistent throughout the 
proposed Indiana Uplands viticultural area--including the area that is 
currently within the Ohio River Valley viticultural area--and are 
distinctive when compared to the large Ohio River Valley viticultural 
area.
    Accordingly, TTB believes that there is a valid basis to conclude 
that the features of that portion of the proposed Indiana Uplands 
viticultural area that is currently within the Ohio River Valley 
viticultural area are sufficiently distinct from those of the larger 
Ohio River Valley viticultural area as to no longer warrant the 
inclusion of that portion within the boundary of the Ohio River Valley 
viticultural area. TTB therefore proposes the modification of the 
boundary of the Ohio River Valley viticultural area so as not to 
include the 1,538-square mile area that would overlap the proposed 
Indiana Uplands viticultural area if the Indiana Uplands viticultural 
area were to be established as proposed in the petition.
    The petitioner for the proposed Indiana Uplands viticultural area 
has advised TTB that he supports the proposed modification of the 
boundary of the Ohio River Valley viticultural area. In communications 
with TTB, the Indiana Uplands petitioner agreed that there are 
significant differences between the two areas as regards the 
distinguishing features, and he concluded that a modification of the 
boundary of the Ohio River Valley viticultural area would be warranted 
if the proposed Indiana Uplands viticultural area is established.
    At TTB's request, the petitioner obtained letters from the 11 
wineries and vineyards that would be affected by the proposed 
modification of the Ohio River Valley viticultural area, all of which 
indicate agreement with the proposed modification. In their letters, 
the vineyard owners also indicate their willingness to no longer to use 
``Ohio River Valley'' as an appellation of origin for wine produced 
from their grapes if the boundary is modified as proposed in this 
notice.

Description of Proposed Modification of Ohio River Valley Viticultural 
Area Boundary

    The portion of the proposed Indiana Uplands viticultural area that 
is currently within the Ohio River Valley viticultural area extends, at 
the widest points, approximately 53 miles east-to-west and 42 miles 
north-to-south. Seven Indiana counties are partially or totally within 
the area affected by the proposed modification of the Ohio River Valley 
viticultural area: Washington, Clark, Floyd, Harrison, Perry, Crawford, 
Scott, and Spencer Counties.
    The USGS maps used to define the Ohio River Valley viticultural 
area are regional maps on a scale of 1:250,000 feet. The maps used to 
define the Indiana Uplands viticultural area petition are on a scale of 
1:100,000 meters on 30- x 60-minute quadrangles. For consistency, the 
description of the proposed Ohio River Valley viticultural area 
boundary modification is presented in the below paragraph in the same 
manner and direction as the existing

[[Page 33992]]

boundary description for that area in 27 CFR 9.78.
    The beginning point of the proposed modification of the Ohio River 
Valley viticultural area is on the Vincennes map where State Road 162 
diverges northerly from U.S. Route 460 (locally known today as State 
Road 62) in Spencer County, Indiana. From that point, the proposed 
concurrent boundary line for the Indiana Uplands-Ohio River Valley 
viticultural areas follows a straight line south-southeast onto the 
Evansville map to the confluence of the Anderson River with the Ohio 
River just west of Troy, Indiana. The concurrent boundary line then 
continues generally eastward (upstream) along the Indiana shoreline of 
the Ohio River, crosses over and back on the Vincennes map, and onto 
the Louisville map, to the mouth of French Creek in Franklin Township, 
Floyd County, Indiana (just downstream from New Albany).
    The concurrent boundary line then follows a straight line north 
through Lost Knob and Bald Knob to St. Joseph on State Road 111, where 
it then follows State Road 111 and 60 north to Carwood, Indiana, and 
then goes north-easterly in a straight line to the Interstate 65 exit 
for Underwood, Indiana. From Underwood, the concurrent boundary 
proceeds northwest in a straight line to the cross-roads village of 
Leota. At Leota, the Ohio River Valley viticultural area boundary line 
turns to the northeast and continues in a straight line to New Marion 
in Ripley County, Indiana, while the proposed Indiana Uplands boundary 
proceeds west and then north to Pumpkin Center and then northwesterly 
toward Millport on the Muscatatuck River, which is, at this point, 
concurrent with the boundary between Jackson and Washington Counties, 
Indiana.
    For the reasons stated above, TTB believes that the proposed 
modification of the boundary of the Ohio River Valley viticultural area 
also merits consideration and public comment as invited in this notice. 
The proposed modification of the boundary of the Ohio River Valley 
viticultural area would only take effect upon the establishment of the 
proposed Indiana Uplands viticultural area.

Boundary Description

    See the narrative boundary description of the petitioned-for 
Indiana Uplands viticultural area and the proposed modification of the 
Ohio River Valley viticultural area boundary in the proposed regulatory 
texts published at the end of this notice.

Maps

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

Impact on Current Wine Labels

General

    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 this proposed viticultural area is established, its 
name, ``Indiana Uplands,'' 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.
    TTB does not believe that any single part of the proposed 
viticultural area name standing alone, that is, ``Indiana'' or 
``Uplands,'' would have viticultural significance in relation to this 
proposed viticultural area because ``Indiana,'' standing alone, is 
locally and nationally known as referring to the State of Indiana, 
which is already a term of viticultural significance as an appellation 
of origin under 27 CFR 4.25(a)(1)(ii), which provides that a State is 
an American appellation of origin, and under 27 CFR 4.39(i)(3), which 
states that ``[a] name has viticultural significance when it is the 
name of a state * * *'', and because the term ``uplands'' refers to a 
common geographical landform found in many locations in the United 
States and internationally.
    If this proposed regulatory text is adopted as a final rule, wine 
bottlers using ``Indiana Uplands'' 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 ``Indiana 
Uplands'' 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.

Transition Period

    If the proposals to establish the Indiana Uplands viticultural area 
and to modify the boundary of the Ohio River Valley viticultural area 
are adopted as a final rule, a transition rule will apply to labels for 
wines produced from grapes grown in the area removed from the Ohio 
River Valley viticultural area. A label containing the words ``Ohio 
River Valley'' in the brand name or as an appellation of origin may be 
used on wine bottled within two years from the effective date of the 
final rule, provided that such label was approved prior to the 
effective date of the final rule and that the wine conforms to the 
standards for use of the label set forth in 27 CFR 4.25 or 4.39(i) in 
effect prior to the final rule. At the end of this two-year transition 
period, if a wine is no longer eligible for labeling with the Ohio 
River Valley viticultural area name (e.g., it is primarily produced 
from grapes grown in the area removed from the Ohio River Valley 
viticultural area), then a label containing the words ``Ohio River 
Valley'' in the brand name or as an appellation of origin would not be 
permitted on the bottle. TTB believes that the two-year period should 
provide affected label holders with adequate time to use up any old 
labels. This transition period is described in the proposed regulatory 
text for the Ohio River Valley viticultural area published at the end 
of this notice. TTB notes that wine eligible for labeling with the Ohio 
River Valley viticultural area name under the proposed new boundary of 
the Ohio River Valley viticultural area will not be affected by this 
two-year transition period.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether TTB should establish the proposed Indiana Uplands viticultural 
area and modify the boundary of the Ohio River Valley viticultural 
area. TTB is also interested in receiving comments on the sufficiency 
and accuracy of evidence for the Indiana Uplands name, boundary, 
geology, topography, soils, climate, and other required information 
submitted in support of the petition. TTB is

[[Page 33993]]

especially interested in comments on the appropriateness of the 
proposed modification of the Ohio River Valley viticultural area 
boundary, including comments on whether the distinguishing features of 
that portion of the proposed Indiana Uplands viticultural area that 
would have created an overlap are sufficiently distinct from the rest 
of the Ohio River Valley viticultural area to warrant the proposed 
boundary modification. Please provide any available specific 
information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Indiana Uplands viticultural area on wine labels that include 
the words ``Indiana Uplands'' as discussed above under ``Impact on 
Current Wine Labels,'' TTB is particularly interested in comments 
regarding whether there will be a conflict between the proposed area 
name and currently used brand names. Also, those industry members with 
wine labels potentially affected by the modification of the Ohio River 
Valley viticultural area boundary are encouraged to submit comments. If 
a commenter believes that a conflict will arise, the comment should 
describe the nature of that conflict, including any negative economic 
impact that approval of the proposed viticultural area or boundary 
modification will have on an existing viticultural enterprise. TTB is 
also interested in receiving suggestions for ways to avoid any 
conflicts, for example, by adopting a modified or different name or 
boundary for either 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 in Docket No. TTB-2012-0004 
on ``Regulations.gov,'' the Federal e-rulemaking portal, at 
http:[sol][sol]www.regulations.gov. A direct link to that docket is 
available under Notice No. 129 on the TTB Web site at 
http:[sol][sol]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 200E, Washington, DC 20005.
    Please submit your comments by the closing date shown above in this 
notice. Your comments must reference Notice No. 129 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:[sol][sol]www.regulations.gov, please enter the entity's name in 
the ``Organization'' blank of the comment form. If you comment via 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. 129. 
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 email addresses. TTB may omit voluminous 
attachments or material that TTB 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., Box 12, Washington, DC 
20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page. 
Contact our 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.

Subpart C--Approved American Viticultural Areas

    2. Amend section 9.78 by:
    a. Revising the introductory paragraph of paragraph (c) and 
paragraphs (c)(5) and (c)(6);
    b. Redesignating paragraphs (c)(7) through (c)(21) as paragraphs 
(c)(11) through (c)(25); and
    c. Adding new paragraphs (c)(7), (c)(8), (c)(9), (c)(10), and (d).

[[Page 33994]]

    The revisions and additions read as follows:


Sec.  9.78  Ohio River Valley.

* * * * *
    (c) Boundary. The Ohio River Valley viticultural area is located in 
portions of Indiana, Ohio, West Virginia, and Kentucky. The boundary 
description in paragraphs (c)(1) through (c)(24) of this section 
includes for each point, in parentheses, the name of the map sheet(s) 
on which the point can be found.
* * * * *
    (5) The boundary proceeds in a straight line southeasterly to the 
confluence of the Anderson River with the Ohio River at Troy, Indiana 
(Evansville map).
    (6) The boundary proceeds generally eastward along the Indiana 
shoreline of the Ohio River (Evansville and Vincennes maps) to the 
mouth of French Creek in Franklin Township, Floyd County, Indiana 
(Louisville map).
    (7) From the mouth of French Creek, the boundary proceeds northerly 
in a straight line to the peak of Lost Knob, then continues north-
northeasterly in a straight line through the peak of Bald Knob to the 
junction of State Route 111 and a road locally known as W. St. Joe Road 
at St. Joseph in New Albany Township, Floyd County, Indiana (Louisville 
map).
    (8) The boundary then proceeds north on State Route 111 to State 
Route 60 at Bennettsville in Clark County, Indiana, then westerly on 
State Route 60 to Carwood, and then northerly in a straight line to the 
point where the Clark-Scott county line crosses Interstate 65 at 
Underwood, Indiana (Louisville map).
    (9) The boundary proceeds northwesterly in a straight line to Leota 
in Scott County, Indiana (Louisville map).
    (10) The boundary proceeds in a straight northeast line to the town 
of New Marion in Ripley County, Indiana (Cincinnati map).
* * * * *
    (d) Transition period. A label containing the words ``Ohio River 
Valley'' in the brand name or as an appellation of origin approved 
prior to [effective date of the final rule] may be used on wine bottled 
before [date 2 years from effective date of the final rule] if the wine 
conforms to the standards for use of the label set forth in Sec.  4.25 
or Sec.  4.39(i) of this chapter in effect prior to [effective date of 
this final rule].
    3. Subpart C is amended by adding Sec.  9.---- to read as follows:


Sec.  9.----  Indiana Uplands.

    (a) Name. The name of the viticultural area described in this 
section is ``Indiana Uplands''. For purposes of part 4 of this chapter, 
``Indiana Uplands'' is a term of viticultural significance.
    (b) Approved maps. The six United States Geological Survey 
1:100,000-scale metric topographic maps used to determine the boundary 
of the Indiana Uplands viticultural area are titled:
    (1) Tell City, Indiana-Kentucky, 1991;
    (2) Jasper, Indiana-Kentucky, 1994;
    (3) Bedford, Indiana, 1990;
    (4) Bloomington, Indiana, 1986; Photoinspected 1988;
    (5) Madison, Indiana-Kentucky, 1990; and
    (6) Louisville, Kentucky-Indiana, 1986.
    (c) Boundary. The Indiana Uplands viticultural area is located in 
south-central Indiana. The boundary of the Indiana Uplands viticultural 
area is as described below:
    (1) The beginning point is on the Tell City map at the confluence 
of the Anderson River with the Ohio River near Troy in Perry County. 
From the beginning point, proceed north-northwesterly in a straight 
line, crossing to the Jasper map, to the intersection of State Roads 62 
and 162, approximately 3.5 miles north of Santa Claus; then
    (2) Proceed north on State Road 162 to its intersection with U.S. 
Route 231 in Jasper; then
    (3) Proceed north on U.S. Route 231, crossing to the Bedford map 
and the Bloomington map, to the intersection of U.S. Route 231 with the 
180-meter contour line in Bloomfield, approximately 0.3 mile south of 
State Road 54; then
    (4) From the west side of State Road 54, proceed northerly along 
the meandering 180-meter contour line, and, after crossing the Owen-
Greene county boundary line, continue northeasterly along the contour 
line to its intersection with the Monroe-Owen county boundary line 
approximately 1 mile south of the confluence of Big Creek and the White 
River; then
    (5) Proceed north, then northeasterly, and then south along the 
Monroe-Owen county boundary line to its intersection with the 200-meter 
contour line, approximately 0.3 mile south of the White River; then
    (6) Proceed easterly along the meandering 200-meter contour line to 
its intersection with State Road 135, south of Morgantown and 
approximately 0.8 mile north of the Morgan-Brown county boundary line; 
then
    (7) Proceed south on State Road 135 to the Morgan-Brown county 
boundary line; then
    (8) Proceed east along the Brown-Johnson county boundary line to 
its intersection with the Brown-Bartholomew county boundary line; then
    (9) Proceed south-southeasterly in a straight line to the 
intersection of State Road 46 and a road locally known as N. County 
Club Road, approximately 1 mile north of Harrison Lake in western 
Bartholomew County; then
    (10) Proceed south-southwesterly in a straight line to the 
intersection of State Road 58 and the Bartholomew-Jackson county 
boundary line; then
    (11) Proceed east along the Bartholomew-Jackson county boundary 
line for approximately 0.4 mile to the county boundary line's first 
intersection with the meandering 200-meter contour line after crossing 
Buck Creek in northwestern Jackson County; then
    (12) Proceed easterly then southwesterly along the meandering 200-
meter contour line, crossing to the Bedford map, to the intersection of 
the contour line with U.S. Route 50; then
    (13) Proceed east on U.S. Route 50 to its intersection with State 
Road 235; then
    (14) Proceed south on State Road 235 to its intersection with the 
railroad tracks in Medora; then
    (15) Proceed southwesterly along the railroad tracks to their 
closest approach to the bridge over the East Fork of the White River 
located approximately 0.5 miles east (upstream) of Sparksville (locally 
known as the Sparks Ferry Road bridge); then
    (16) Proceed easterly along the East Fork of the White River and 
then the Muscatatuck River to the State Road 135 bridge over the 
Muscatatuck River at Millport; then
    (17) Proceed easterly in a straight line to the confluence of the 
Cammie Thomas Ditch with the Muscatatuck River, located on the northern 
boundary of Washington County; then
    (18) Proceed southeasterly in a straight line, crossing to the 
Madison map, to the intersection of two roads locally known as E. Pull 
Tight Road and N. Pumpkin Center East Road at Pumpkin Center in Gibson 
Township, Washington County; then
    (19) Proceed due south in a straight line for approximately 4.5 
miles to the line's intersection with a road locally known as E. Old 
State Road 56; then
    (20) Proceed easterly and then northeasterly on E. Old State Road 
56 to its intersection with a road locally known in Scott County as S. 
Bloomington Trail, and then continue

[[Page 33995]]

southeasterly on S. Bloomington Trail to its intersection with a road 
locally known as W. Leota Road at Leota; then
    (21) Proceed southeasterly in a straight line to the intersection 
of Interstate 65 and the Scott-Clark counties boundary line at 
Underwood; then
    (22) Proceed south-southwesterly in a straight line, crossing to 
the Louisville map, to the intersection of State Road 60 and a road 
known locally as Carwood Road at Carwood in Clark County; then
    (23) Proceed southeasterly on State Road 60 to its intersection 
with State Road 111 at Bennettsville; then
    (24) Proceed southerly on State Road 111 for approximately 1.8 
miles to its intersection with a road locally known as W. St. Joe Road 
at St. Joseph; then
    (25) Proceed south-southwesterly in a straight line to the 266-
meter elevation point on Bald Knob, then continue south-southwesterly 
in a straight line to the 276-meter elevation point on Lost Knob; then
    (26) Proceed southerly in a straight line to the confluence of 
French Creek with the Ohio River in eastern Franklin Township, Floyd 
County; then
    (27) Proceed (downstream) along the Indiana shoreline of the Ohio 
River, crossing back and forth between the Tell City and Jasper maps, 
returning to the beginning point.

    Signed: June 1, 2012.
John J. Manfreda,
Administrator.
[FR Doc. 2012-13865 Filed 6-7-12; 8:45 am]
BILLING CODE 4810-31-P