[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Proposed Rules]
[Pages 726-730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00059]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2023-0010; Notice No. 228]
RIN 1513-AD01
Proposed Establishment of the Conneaut Creek Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the 70,437-acre ``Conneaut Creek'' American viticultural area
(AVA) in Ashtabula County, Ohio. The proposed AVA is located entirely
within the boundaries of the existing Lake Erie 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. TTB invites comments on these proposals.
DATES: TTB must receive your comments on or before March 5, 2024.
ADDRESSES: You may electronically submit comments to TTB on this
proposal, and view copies of this document, its supporting materials,
and any comments TTB receives on it within Docket No. TTB-2023-0010 as
posted on Regulations.gov (https://www.regulations.gov), the Federal e-
rulemaking portal. Please see the ``Public Participation'' section of
this document below for full details on how to comment on this proposal
via Regulations.gov or U.S. mail, and for full details on how to obtain
copies of this document, its supporting materials, and any comments
related to this proposal.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, 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. 175.
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
provisions pursuant to section 1111(d) of the Homeland Security Act of
2002, as codified at 6 U.S.C. 531(d). In addition, the Secretary of the
Treasury has delegated certain administrative and enforcement
authorities to TTB through Treasury Order 120-01.
Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to
establish 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, once approved, a name and a delineated boundary
codified 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 allows any interested
party to 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 to establish or modify 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 that affect 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.
If the proposed AVA is to be established within, or
overlapping, an existing AVA, an explanation that both identifies the
attributes of the proposed AVA that are consistent with the existing
AVA and explains how the proposed AVA is sufficiently distinct from the
existing AVA, and therefore appropriate for separate recognition.
Petition To Establish the Conneaut Creek AVA
TTB received a petition from Andrew Kirk, a research specialist at
Ohio State University--Ashtabula Agricultural Research Station,
proposing to establish the ``Conneaut Creek'' AVA on behalf of the
Committee for Establishment of the ``Conneaut Creek AVA,'' comprised of
local industry and institutional stakeholders. The proposed AVA is
located in Ashtabula County, Ohio, and is entirely within the
established Lake Erie AVA (27 CFR 9.83). The proposed AVA consists of
the land within 2 miles of Conneaut Creek within the State of Ohio, for
a total of approximately 37,116 acres. There are six commercial
vineyards covering a total of approximately 45 acres within the
proposed AVA, as well as three wineries. The distinguishing feature of
the proposed Conneaut Creek AVA is its climate.
Proposed Conneaut Creek AVA
Name Evidence
The proposed AVA takes its name from Conneaut Creek, which runs
through the region and empties into Lake Erie near the Ohio-
Pennsylvania border. According to the petition, one of the earliest
examples of the use of the name ``Conneaut Creek'' comes from the diary
of Moses Cleveland, a surveyor who landed at the mouth of the creek on
the Lake Erie shoreline in 1796 and referred to the creek as
``Conneaught Creek,'' an anglicized spelling of the Seneca name for the
creek. The creek also gives its name to the city of Conneaut, Ohio,
which is within the
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proposed AVA. The petition includes several examples of businesses and
organizations within the proposed AVA that use the name ``Conneaut'' or
``Conneaut Creek,'' including Conneaut Creek Veterinary Wellness and
Urgent Care, Conneaut Creek Float and Fly Shop, the Conneaut Creek
Club, Conneaut Creek Ship Repair, Friends of Conneaut Creek, and
Conneaut Creek Fishing Lodge.
Boundary Evidence
The proposed Conneaut Creek AVA encompasses the portion of Conneaut
Creek that is in Ohio. Although the creek originates in Pennsylvania,
the petition states that the Ohio-Pennsylvania border is used as the
eastern boundary of the proposed AVA because at the time the petition
was submitted, commercial viticulture did not exist along Conneaut
Creek in Pennsylvania. The boundary of the proposed AVA begins at the
point where Conneaut Creek intersects the Ohio-Pennsylvania State line.
The proposed AVA then encompasses all land within 2 miles of the creek
within the State of Ohio, to the point where the creek empties into
Lake Erie. The petition states that a 2-mile radius around the creek
encapsulates the climate, topography, and soil type of the proposed
AVA, the primary characteristic being a climate that is strongly
influenced by winds blowing inland from Lake Erie. According to the
petition, the climatic influence of these winds lessens the farther one
travels from both the Lake Erie shoreline and the banks of Conneaut
Creek.
Distinguishing Feature
According to the petition, the distinguishing feature of the
proposed Conneaut Creek AVA is its climate, which is influenced by air
moving inland from Lake Erie via Conneaut Creek. The headwaters of the
creek are in Pennsylvania, and it primarily flows south to north within
that State. However, within the proposed AVA, Conneaut Creek flows from
east to west for some time, parallel to Lake Erie, before resuming a
northward trajectory into the lake. The proposed AVA is also located
along a considerable northeasterly curve of the shoreline. The petition
states that due to the shape of the shoreline, air flowing into the
proposed AVA has travelled across the waters of Lake Erie for a longer
distance than at locations along the shoreline that are farther to the
west. Therefore, the air has more time to be affected by the
temperature of the water it is passing over. The result is that
temperatures in the proposed AVA are typically cooler for longer in the
spring growing season, when the water temperature is generally cooler
than the air temperature; less extreme in the summer; and warmer in the
winter, when the water temperature is generally warmer than the air
temperature. By comparison, temperatures in locations farther from the
lake are typically warmer in the summer and cooler in the winter than
the proposed AVA.
To demonstrate how airflow over Lake Erie affects temperatures, the
petition included the average growing degree day \1\ (GDD)
accumulations from 2015 to 2020 from within the proposed Conneaut Creek
AVA and from the city of Fremont, Ohio, which is located within the
western portion of the Lake Erie AVA and is not as close to the lake as
the proposed AVA. The average GDD accumulation for the proposed AVA was
2,996.6, while the average GDD accumulation from Fremont was 3,379. The
petition states that the difference of 382.4 GDDs is equivalent to 3.5
to 4 extra weeks of heat accumulation, indicating a warmer climate in
Fremont.
According to the petition, the cooler temperatures of the proposed
Conneaut Creek AVA affect grape maturation and levels of malic acid,
sugar (measured in degrees Brix), and phenols (which affect flavor,
smell, and color). The petition provided information about must from
pinot noir grapes harvested on the same date in 2019 from a vineyard in
the proposed AVA and from two vineyards in the nearby Grand River
Valley AVA (27 CFR 9.87), which is located within the Lake Erie AVA to
the southwest of the proposed AVA. The information is set out in the
following table. The petition notes that within the proposed AVA, the
farthest a vineyard can be from Lake Erie is 6.5 miles, with most
existing vineyards being within three miles of Lake Erie. In the Grand
River Valley AVA, the closest a vineyard could be to the lake is 7.5
miles.
Table 1--Comparison of Proposed AVA and Grand River Valley AVA Pinot Noir Must
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Total
Location Brix phenolics (mg/ Titratable
L) acidity (g/L)
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Proposed AVA.................................................... 17 317 10.4
Grand River Valley AVA Site #1.................................. 20.8 608 7.4
Grand River Valley AVA Site #2.................................. 20 584 8.1
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According to the petition, the cooler growing season temperatures
of the proposed Conneaut Creek AVA are reflected in the higher levels
of acid in the grape must. Malic acid degradation is primarily a
function of temperature, both ambient and in the leaf canopy, with
warmer temperatures reducing acid levels. Cooler growing season
temperatures also slow the development of sugar and phenolic components
in the grapes, resulting in grape must with lower degrees of Brix and
fewer total phenolics.
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\1\ See Albert J. Winkler et al., General Viticulture (Berkeley:
University of California Press, 2nd ed.), pages 61-64 (1974). In the
Winkler climate classification system, annual heat accumulation
during the growing season, measured in annual GDDs, defines climatic
regions. One GDD accumulates for each degree Fahrenheit that a day's
mean temperature is above 50 degrees F, the minimum temperature
required for grapevine growth.
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The petition also included similar information for juice from pinot
noir grapes harvested on the same day in 2018 from a vineyard within
the proposed AVA and from a vineyard in the city of Vermilion, Ohio,
which is located west of the proposed AVA along the central portion of
the Lake Erie shoreline and is also within the Lake Erie AVA. The
information is set out in the following table.
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Table 2--Comparison of Proposed AVA and Lake Erie AVA Pinot Noir Juice
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GDD on date of Total
Location harvest Brix phenolics
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Proposed AVA.................................................... 2,407 16 406
Vermilion, OH................................................... 2,703 19.8 669
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The data indicates that Brix levels and the number of total
phenolics in the juice from grapes grown in the proposed AVA are lower
than those in the juice from the Vermilion vineyard grapes. The lower
sugar and phenolics levels, along with the lower GDD accumulations,
demonstrate that the proposed AVA has cooler temperatures, even though
the proposed AVA and the city of Vermilion are both close to the Lake
Erie shore. The data also supports the petition's claim that the
proposed Conneaut Creek AVA's location on the northeasterly curve of
Lake Erie shoreline allows the air passing over the lake during the
growing season to cool for a greater length of time than air that
reaches the shoreline farther to the west.
The petition states that lower sugar and phenolic levels and higher
acid levels can also be found when comparing cabernet franc grapes
grown in the proposed Conneaut Creek AVA to the same varietal grown in
the Grand River Valley AVA and the western end of the Lake Erie AVA.
The petition notes that cabernet franc grapes typically ripen later
than pinot noir, regardless of where they are grown. The following
table sets out the information.
Table 3--Comparison of Cabernet Franc Fruit Maturity
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Proposed Western
Year Harvest date Grape components Conneaut Creek Grand River portion of
AVA Valley AVA Lake Erie AVA
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2018.................... October 10........ Brix.............. 19.6 20.2 21
Total phenolics 399 544 488
(mg/L). 6 4.6 N/A
Titratable acidity
(mg/L).
2019.................... October 10........ Brix.............. 20.4 22.2 N/A
Total phenolics 469 531 N/A
(mg/L). 9.6 6 N/A
Titratable acidity
(mg/L).
2020.................... October 9......... Brix.............. 21.8 22 N/A
Total phenolics 320 380 N/A
(mg/L). 10.1 7.9 N/A
Titratable acidity
(mg/L).
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The petition did not include data related to growing season
temperatures within the region to the east of the proposed AVA, in
Pennsylvania, because the region lacked viticulture at the time the
petition was submitted.
Comparison of the Proposed Conneaut Creek AVA to the Existing Lake Erie
AVA
The Lake Erie AVA was established by T.D. ATF-156, which was
published in the Federal Register on October 21, 1983 (48 FR 48819).
T.D. ATF-156 states that the AVA is distinguished by its proximity to
Lake Erie, which ``exerts a moderating influence'' on temperatures.
Locations adjacent to the lake are more protected from extreme minimum
and maximum temperatures than regions farther from the lake. T.D. ATF-
156 also states that ``[s]oils, elevations, and other physiographic
features are diverse and * * * do not directly form the basis'' for
distinguishing the AVA.
The proposed Conneaut Creek AVA also has the lake-influenced
climate that is the primary feature of the Lake Erie AVA. However, due
to its location on the northeastern edge of the Lake Erie AVA and its
maximum distance of 6.5 miles from the lake, the proposed AVA has a
cooler growing season than locations within the Lake Erie AVA that are
farther west or farther inland.
TTB Determination
TTB concludes that the petition to establish the approximately
37,116-acre ``Conneaut Creek'' AVA merits consideration and public
comment, as invited in this document.
Boundary Description
See the narrative boundary descriptions of the petitioned-for AVA
in the proposed regulatory text published at the end of this document.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text. You may also view the proposed
Conneaut Creek AVA boundary on the AVA Map Explorer on the TTB website,
at https://www.ttb.gov/wine/ava-map-explorer.
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 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.
If TTB establishes this proposed AVA, its name, ``Conneaut Creek,''
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
proposed regulation clarifies this point. Consequently, wine bottlers
using ``Conneaut Creek'' in a brand name, including a trademark, or in
another label reference as to the origin of the wine, would have to
ensure that
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the product is eligible to use the viticultural area's name ``Conneaut
Creek.'' The approval of the proposed Conneaut Creek AVA would not
affect any existing AVA, and any bottlers using ``Lake Erie'' as an
appellation of origin or in a brand name for wines made from grapes
grown within the Conneaut Creek AVA would not be affected by the
establishment of this new AVA. If approved, the establishment of the
proposed Conneaut Creek AVA would allow vintners to use ``Conneaut
Creek,'' ``Lake Erie,'' or both AVA names as appellations of origin for
wines made from grapes grown within the proposed AVA, if the wines meet
the eligibility requirements for the appellation.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether TTB should establish the proposed Conneaut Creek AVA. TTB is
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, and other required information submitted in support of
the AVA petition. TTB invites comments on whether the boundary
description, which only includes land within the proposed boundary that
is also within 2 statute miles of Conneaut Creek within the AVA, is
sufficient to identify the proposed AVA and different enough from areas
outside that boundary. In addition, because the proposed Conneaut Creek
AVA would be within the existing Lake Erie AVA, TTB is interested in
comments on whether the evidence submitted in the petition regarding
the distinguishing features of the proposed AVA sufficiently
differentiates it from the existing AVA. TTB is also interested in
comments on whether the geographic features of the proposed AVA are so
distinguishable from the Lake Erie AVA that the proposed Conneaut Creek
AVA should not be part of the established AVA. Please provide any
available specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Conneaut Creek AVA on wine labels that include the term
``Conneaut Creek'' 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 names and currently
used brand names. If a commenter believes that a conflict will arise,
the comment should describe the nature of that conflict, including any
anticipated negative economic impact that approval of the proposed AVA
will have on an existing viticultural enterprise. TTB is also
interested in receiving suggestions for ways to avoid conflicts, for
example, by adopting a modified or different name for the proposed AVA.
Submitting Comments
You may submit comments on this proposal by using one of the
following methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this document within Docket No. TTB-
2023-0010 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
https://www.regulations.gov. A direct link to that docket is available
under Notice No. 228 on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking. 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 the ``FAQ''
link at the bottom of the page.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
document. Your comments must reference Notice No. 228 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. We do not acknowledge receipt of comments, and we consider
all comments as originals.
Your comment must clearly state if you are commenting on your own
behalf or on behalf of an organization, business, or other entity. If
you are commenting on behalf of an organization, business, or other
entity, your comment must include the entity's name as well as your
name and position title. If you comment via Regulations.gov, please
enter the entity's name in the ``Organization'' blank of the online
comment form. If you comment via postal mail, 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
TTB will post, and you may view, copies of this document, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2023-0010 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A
direct link to that docket is available on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking under Notice No. 228.
You may also reach the relevant docket through the Regulations.gov
search page at https://www.regulations.gov. For instructions on how to
use Regulations.gov, visit the site and click on the ``FAQ'' link at
the bottom of the page.
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 it considers unsuitable for posting.
You may also obtain copies of this proposed rule, all related
petitions, maps, other supporting materials, and any electronic or
mailed comments that TTB receives about this proposal at 20 cents per
8.5- x 11-inch page. Please note that TTB is unable to provide copies
of USGS maps or any similarly-sized documents that may be included as
part of the AVA petition. Contact TTB's Regulations and Rulings
Division by email using the web form at https://www.ttb.gov/contact-rrd, or by telephone at 202-453-1039, ext. 175, 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.
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Executive Order 12866
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866, as amended. Therefore, it requires no
regulatory assessment.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend
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. Add Sec. 9.__ to read as follows:
Sec. 9.__ Conneaut Creek.
(a) Name. The name of the viticultural area described in this
section is ``Conneaut Creek''. For purposes of part 4 of this chapter,
``Conneaut Creek'' is a term of viticultural significance.
(b) Approved maps. The 4 United States Geological Survey (USGS)
1:24,000 scale topographic map used to determine the boundary of the
viticultural area are as follows:
(1) Conneaut, OH-PA, 2019;
(2) North Kingsville, OH, 2019;
(3) Gageville, OH, 2019; and
(4) Pierpoint, OH, 2019.
(c) Boundary. The Conneaut Creek viticultural area is located in
Ashtabula County, Ohio. The boundary of the Conneaut Creek viticultural
area is as described as follows:
(1) The beginning point is on the Conneaut map at the intersection
of the Ohio-Pennsylvania State line and Conneaut Creek.
(2) From the beginning point, proceed westerly, then easterly, then
northerly along Conneaut Creek, crossing onto the North Kingsville map
and back onto the Conneaut map, to the point where Conneaut Creek flows
into Lake Erie.
(3) The Conneaut Creek viticultural area consists of all land
within 2 statute miles of Conneaut Creek on the Conneaut, North
Kingsville, Gageville, and Pierpoint maps.
Signed: December 19, 2023.
Mary G. Ryan,
Administrator.
Approved: December 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2024-00059 Filed 1-4-24; 8:45 am]
BILLING CODE 4810-31-P