[Federal Register Volume 84, Number 198 (Friday, October 11, 2019)]
[Rules and Regulations]
[Pages 54779-54782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22265]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2018-0010; T.D. TTB-157; Ref: Notice No. 179]
RIN 1513-AC41
Establishment of the Eastern Connecticut Highlands Viticultural
Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes
the approximately 1,246 square-mile ``Eastern Connecticut Highlands''
viticultural area in all or portions of Hartford, New Haven, Tolland,
Windham, New London, and Middlesex Counties in Connecticut. The Eastern
Connecticut Highlands viticultural area is not located within any other
established viticultural area and does not overlap any other
established AVA. 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.
DATES: This final rule is effective November 12, 2019.
FOR FURTHER INFORMATION CONTACT: Kate M. Bresnahan, 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. 151.
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 Order 120-01, dated December 10, 2013
(superseding Treasury Order 120-01, dated January 24, 2003), to the TTB
Administrator to perform the functions and duties in the administration
and enforcement of these laws.
Part 4 of the TTB regulations (27 CFR part 4) authorizes the
establishment of definitive viticultural areas and regulate 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 (AVAs) and
lists the approved AVAs.
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 the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA 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 (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
standards for petitions for the establishment or modification of AVAs.
Petitions to establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Eastern Connecticut Highlands Petition
TTB received a petition from Steven Vollweiler, president of Sharpe
Hill Vineyard, proposing the establishment of the ``Eastern Connecticut
Highlands'' AVA in all or portions of Hartford, New Haven, Tolland,
Windham, New London, and Middlesex Counties in Connecticut. The
proposed Eastern Connecticut Highlands AVA covers approximately 1,246
square-miles and is not located within nor overlaps any other AVA.
There are 16 commercially-producing vineyards covering a total of
approximately 114.75 acres within the proposed AVA, as well as 6 bonded
wineries. According to the petition, an additional 20.5 acres of
commercial vineyards are planned for planting in the next few years.
According to the petition, the distinguishing features of
[[Page 54780]]
the proposed AVA are its geology, topography, soils, and climate.
The petition states that the proposed Eastern Connecticut Highlands
AVA is underlain by Paleozoic formation called Iapetus Terrane, which
is comprised mostly of metamorphic rocks that are difficult to erode,
resulting in the hills and mountains that characterize the proposed
AVA. To the west of the proposed AVA, the Central Valley is comprised
of younger, more easily eroded sandstone, shale, and basalt lava flows
that have a significantly different chemical composition than that of
the proposed AVA. The regions to the east and south of the proposed AVA
are part of the Avalonia Terrane, which consists of older, Pre-Cambrian
rocks.
According to the petition, the proposed Eastern Connecticut
Highlands AVA is characterized by hilly-to-mountainous terrain, with
elevations ranging from 200 to 1,000 feet in elevation. The eastern and
western edges of the proposed AVA are characterized by sharp ridgelines
and high elevations, while the central portion of the proposed AVA is
comprised of rounded hills. By contrast, the region to the west of the
proposed AVA is a broad, flat valley with low elevations. The coastal
region to the south of the proposed AVA also contains generally lower
elevations than those within the proposed AVA. The terrain of the
proposed AVA extends north into Massachusetts and east into Rhode
Island, however, the elevations differ in those locations. The petition
adds that the topography of the proposed AVA affects viticulture
because topography affects climate. Regions with higher elevations,
such as the proposed AVA, generally have a colder climate than regions
with lower elevations, such as the region to the west of the proposed
AVA. Additionally, regions that are closer to the coast, such as the
region to the south of the proposed AVA and the lower elevations of
region to the east, are more significantly affected by maritime climate
than higher inland regions like the proposed AVA.
The petition states that the soils in the proposed AVA developed on
lodgement till, which is material deposited by glaciers as they move
across the landscape. The soils are thick sandy-to-silty loams and
range from well to poorly drained. In contrast, the region to the south
of the proposed AVA contains only a small amount of lodgement till. The
regions to the south and west of the proposed AVA formed on ablation
till, which is material deposited as a stagnant or slow-moving glacier
melts. The petition also provided information on the concentrations of
seven elements found in the soils of the proposed AVA and the regions
to the east, south, and west that play vital roles in vine nutrition:
Calcium, iron, magnesium, potassium, phosphorous, sulfur, and zinc.
When compared to the soils in the region to the west of the proposed
AVA, the proposed AVA has higher levels of calcium, iron, magnesium,
and sulfur, and lower levels of potassium, phosphorous, and zinc.
Compared to the soils to the east and south, the proposed AVA has
similar levels of calcium, phosphorous, and sulfur, higher levels of
iron, magnesium, and zinc, and lower levels of potassium. The petition
also shows these element levels give soil in the proposed AVA
conditions that provide for grapevine growth, as well as prevent
chlorosis in the vines.
The petition included information of the average annual
temperatures, growing degree days (GDD),\1\ coldest recorded
temperature, average date of the latest spring frost, and average date
of the earliest fall frost for the Eastern Connecticut Highlands AVA
and the surrounding regions. The data was collected from 1996 to 2015.
While the proposed AVA has average annual temperatures that are
generally similar to the surrounding regions, the data shows more
pronounced differences in other climate measurements. The proposed AVA
has significantly higher GDD accumulations than the region to its
north, indicating warmer growing season temperatures. The proposed AVA
also has a shorter growing season than most of the areas to the north,
as indicated by a later last-spring-frost date and earlier first-fall-
frost date for the proposed AVA. The proposed AVA has lower GDD
accumulations and a shorter growing season than the regions to the
south and east. Finally, the proposed AVA has lower GDD accumulations
and a shorter growing season than the region to its west.
---------------------------------------------------------------------------
\1\ See Albert J. Winkler et al., General Viticulture 61-64
(Berkeley: University of California Press, 2nd ed. 1974). In the
Winkler climate classification system, annual heat accumulation
during the growing season, measured in annual growing degree days
(GDD), defines climatic regions. One GDD accumulates for each degree
Fahrenheit that a day's mean temperature is above 50 degrees, the
minimum temperature required for grapevine growth.
---------------------------------------------------------------------------
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 179 in the Federal Register on December
13, 2018 (83 FR 64,047), proposing to establish the Eastern Connecticut
Highlands AVA. In the notice, TTB summarized the evidence from the
petition regarding the name, boundary, and distinguishing features for
the proposed AVA. The notice also compared the distinguishing features
of the proposed AVA to the surrounding areas. For a detailed
description of the evidence relating to the name, boundary, and
distinguishing features of the proposed AVA, and for a detailed
comparison of the distinguishing features of the proposed AVA to the
surrounding areas, see Notice No. 179. In Notice No. 179, TTB solicited
comments on the accuracy of the name, boundary, and other required
information submitted in support of the petition. The comment period
closed on February 11, 2019.
In response to Notice No. 179, TTB received one comment from a
member of the public. The commenter supported the establishment of the
Eastern Connecticut Highlands viticultural area due to the climate and
soil differences between the Eastern Connecticut Highlands AVA and in
the regions surrounding it.
TTB Determination
After careful review of the petition and the comment received in
response to Notice No. 179, TTB finds that the evidence provided by the
petitioner supports the establishment of the Eastern Connecticut
Highlands AVA. Accordingly, under the authority of the FAA Act, section
1111(d) of the Homeland Security Act of 2002, and parts 4 and 9 of the
TTB regulations, TTB establishes the ``Eastern Connecticut Highlands''
AVA in all or portions of Hartford, New Haven, Tolland, Windham, New
London, and Middlesex Counties in Connecticut, effective 30 days from
the publication date of this document.
Boundary Description
See the narrative description of the boundary of the Eastern
Connecticut Highlands AVA in the regulatory text published at the end
of this final rule.
Maps
The petitioner provided the required maps, and they are listed
below in the regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in 27 CFR
4.25(e)(3). If the wine is not eligible for
[[Page 54781]]
labeling with an AVA name and that name 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 AVA name
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 an AVA name that was used
as a brand name on a label approved before July 7, 1986. See 27 CFR
4.39(i)(2) for details.
With the establishment of this AVA, its name, ``Eastern Connecticut
Highlands,'' will be recognized as a name of viticultural significance
under Sec. 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The
text of the regulation clarifies this point. Consequently, wine
bottlers using the name ``Eastern Connecticut Highlands'' 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 AVA name as an appellation of origin. The establishment of the
Eastern Connecticut Highlands AVA will not affect any existing AVA. The
establishment of the Eastern Connecticut Highlands AVA will allow
vintners to use ``Eastern Connecticut Highlands'' as an appellation of
origin for wines made primarily from grapes grown within the Eastern
Connecticut Highlands AVA if the wines meet the eligibility
requirements for the appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of an AVA
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
It has been determined that this final rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Kate M. Bresnahan of the Regulations and Rulings Division drafted
this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.267 to read as follows:
Sec. 9.267 Eastern Connecticut Highlands.
(a) Name. The name of the viticultural area described in this
section is ``Eastern Connecticut Highlands''. For purposes of part 4 of
this chapter, ``Eastern Connecticut Highlands'' is a term of
viticultural significance.
(b) Approved maps. The one United States Geological Survey (USGS)
1:125,000 scale topographic map used to determine the boundary of the
Eastern Connecticut Highlands viticultural area is titled ``State of
Connecticut.''
(c) Boundary. The Eastern Connecticut Highlands viticultural area
is located in Hartford, New Haven, Tolland, Windham, New London, and
Middlesex Counties in Connecticut. The boundary of the Eastern
Connecticut Highlands viticultural area is as described below:
(1) The beginning point is on the State of Connecticut map at the
intersection of State Highway 83 and the Massachusetts-Connecticut
State line in Somers. From the beginning point, proceed east along the
Massachusetts-Connecticut State line approximately 33 miles to the
intersection of the shared State line and an unnamed road, known
locally as Bonnette Avenue, in Thompson; then
(2) Proceed southeast along Bonnette Avenue approximately 0.38 mile
to its intersection with an unnamed road known locally as Sand Dam
Road; then
(3) Proceed southeast along Sand Dam Road approximately 1.5 miles
to its intersection with an unnamed road known locally as Thompson
Road; then
(4) Proceed south along Thompson Road approximately 1,000 feet to
its intersection with an unnamed road known locally as Quaddick Town
Farm Road; then
(5) Proceed east then south along Quaddick Town Farm Road
approximately 5.5 miles into the town of Putnam, where the road becomes
known as East Putnam Road, and continuing south along East Putnam Road
approximately 1 mile to its intersection with U.S. Highway 44; then
(6) Proceed west along U.S. Highway 44 approximately 1 mile to its
intersection with an unnamed road known locally as Tucker Hill Road;
then
(7) Proceed south along Tucker Hill Road approximately 0.38 mile to
its intersection with an unnamed road known locally as Five Mile River
Road; then
(8) Proceed southwest then west along Five Mile River Road 1.75
miles to its intersection with State Highway 21; then
(9) Proceed south along State Highway 21 approximately 2 miles to
its intersection with State Highway 12; then
(10) Proceed south along State Highway 12 approximately 1 mile to
its intersection with Five Mile River; then
(11) Proceed west along Five Mile River approximately 0.13 mile to
its intersection with the highway marked on the map State Highway 52
(also known as Interstate 395); then
(12) Proceed south along State Highway 52/Interstate 395
approximately 14.5 miles to its intersection with State Highway 201;
then
(13) Proceed southeast along State Highway 201 approximately 5.25
miles to its intersection with State Highway 165; then
(14) Proceed southwest along State Highway 165 approximately 10
miles to its intersection with State Highway 2; then
(15) Proceed west along State Highway 2 approximately 1 mile to its
intersection with State Highway 82; then
(16) Proceed southwest, then northwest, then southwest along State
Highway 82 approximately 27.72 miles to its intersection with State
Highway 9; then
(17) Proceed southeast along State Highway 9 approximately 3.7
miles to its intersection with State Highway 80; then
(18) Proceed west along State Highway 80 approximately 15.7 miles
to its intersection with State Highway 77; then
(19) Proceed north along State Highway 77 approximately 8.3 miles
to its intersection with State Highway 17; then
(20) Proceed northeast along State Highway 17 approximately 6.8
miles to the point where it becomes concurrent with State Highway 9;
then
(21) Proceed north along concurrent State Highway 17-State Highway
9 approximately 0.75 mile the point
[[Page 54782]]
where State Highway 17 departs from State Highway 9; then
(22) Proceed east along State Highway 17 approximately 0.25 mile,
crossing over the Connecticut River, to the highway's intersection with
State Highway 17A; then
(23) Proceed north along State Highway 17A approximately 3 miles to
its intersection with State Highway 17; then
(24) Proceed north along State Highway 17 approximately 8 miles to
its intersection with State Highway 94; then
(25) Proceed east along State Highway 94 approximately 4 miles to
its intersection with State Highway 83; then
(26) Proceed north along State Highway 83 approximately 25 miles,
returning to the beginning point.
Signed: July 9, 2019.
Mary G. Ryan,
Acting Administrator.
Approved: September 23, 2019.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2019-22265 Filed 10-10-19; 8:45 am]
BILLING CODE 4810-31-P