2015-16343. Proposed Establishment of the Champlain Valley of New York Viticultural Area  

  • [Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
    [Proposed Rules]
    [Pages 38147-38152]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 2015-16343]
    
    
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    DEPARTMENT OF THE TREASURY
    
    Alcohol and Tobacco Tax and Trade Bureau
    
    27 CFR Part 9
    
    [Docket No. TTB-2015-0010; Notice No. 154]
    RIN 1513-AC19
    
    
    Proposed Establishment of the Champlain Valley of New York 
    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 ``Champlain Valley of New York'' viticultural area in 
    Clinton and Essex Counties, New York. The proposed viticultural area 
    does not lie within or contain any established 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 this proposed addition to 
    its regulations.
    
    DATES: Comments must be received by August 31, 2015.
    
    ADDRESSES: Please send your comments on this notice to one of the 
    following addresses:
         Internet: http://www.regulations.gov (via the online 
    comment form for this notice as posted within Docket No. TTB-2015-0010 
    at ``Regulations.gov,'' the Federal e-rulemaking portal);
         U.S. Mail: Director, Regulations and Rulings Division, 
    Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12, 
    Washington, DC 20005; or
         Hand delivery/courier in lieu of mail: Alcohol and Tobacco 
    Tax and Trade Bureau, 1310 G Street NW., Suite 400, 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 or view or obtain copies 
    of the petition and supporting materials.
    
    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 
    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, dated December 
    10, 2013, 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) 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 the standards for the preparation and submission to TTB of 
    petitions for the establishment or modification of American 
    viticultural areas (AVAs) 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 the 
    wine's geographic origin. The
    
    [[Page 38148]]
    
    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 a viticultural area. Section 9.12 of the TTB regulations (27 CFR 
    9.12) prescribes the 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 viticultural area 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 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.
    
    Champlain Valley of New York Petition
    
        TTB received a petition from Colin Read, owner of North Star 
    Vineyard, on behalf of the Lake Champlain Grape Growers Association, 
    proposing the establishment of the ``Champlain Valley of New York'' 
    AVA. The proposed AVA is located within a long, narrow valley on the 
    western shore of Lake Champlain and is approximately 82 miles long and 
    approximately 20 miles wide at its widest point. The proposed AVA 
    encompasses approximately 500 square miles and has 6 bonded wineries, 
    as well as 11 commercial vineyards covering a total of approximately 
    15.47 acres distributed throughout the proposed AVA. The petition notes 
    that there are an additional 63 acres of vineyards planned for planting 
    within the proposed AVA in the next few years.
        According to the petition, the distinguishing feature of the 
    proposed Champlain Valley of New York AVA is its short growing season, 
    which is conducive to growing cold-hardy North American hybrid 
    varieties of grapes (such as Frontenac, La Crescent, and Marquette) but 
    not Vitis vinifera (V. vinifera) grapes. The petition also included 
    descriptions of the precipitation, topography, soils, and geology of 
    the proposed AVA. However, the petition did not discuss the 
    viticultural significance of these features or provide data from the 
    surrounding regions for contrast. Therefore, TTB does not consider them 
    to be distinguishing features of the proposed AVA, and they are not 
    discussed in this proposed rule. Unless otherwise noted, all 
    information and data pertaining to the proposed AVA contained in this 
    document are from the petition for the proposed Champlain Valley of New 
    York AVA and its supporting exhibits.
    
    Name Evidence
    
        The proposed Champlain Valley of New York AVA derives its name from 
    Lake Champlain, which lies on the border between New York and the State 
    of Vermont and extends north into the Canadian Province of Quebec. 
    According to the petition, the long, narrow valley surrounding the lake 
    has been known as the Champlain Valley since the region was explored 
    and settled by French and English explorers. Because the name 
    ``Champlain Valley'' also applies to the portions of the valley that 
    are in Vermont and Canada, the petitioner proposed the name ``Champlain 
    Valley of New York'' to more accurately describe the location of the 
    proposed AVA.
        Federal and State agencies and departments currently refer to the 
    region of the proposed AVA as the ``Champlain Valley.'' In 2005, 
    Congress designated Lake Champlain and Lake George, which is 
    immediately to the south of Lake Champlain, as a single National 
    Heritage Area formally known as the Champlain Valley National Heritage 
    Partnership (CVNHP). The purpose of the CVNHP is ``to promote the 
    Champlain Valley's natural and cultural treasures.'' \1\ The Champlain 
    Valley International Wine Trail was created in 2012 as part of the 
    CVNHP to promote the wineries and vineyards along the lake in Canada, 
    New York, and Vermont and allows visitors ``to learn about the 
    tremendous offering of vineyards and wineries in the unique terroir of 
    the Champlain Valley.'' \2\ The USDA soil survey for Clinton and Essex 
    Counties, where the proposed AVA is located, designates the region of 
    the proposed AVA as ``Champlain Valley.'' Finally, the Essex County 
    Public Health Department published a map of hiking trails and 
    recreational areas in the region of the proposed AVA titled ``The 
    Adirondack Park: Champlain Valley Region.''
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        \1\ www.champlainvalleynhp.org/index.htm.
        \2\ www.lcbp.org/2012/11/champlain-international-wine-trail-announced.
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        The petition also included names of businesses and organizations 
    throughout the proposed AVA that include ``Champlain Valley'' in their 
    names. Examples from Plattsburg, located at the northern end of the 
    proposed AVA, include the Champlain Valley Transportation Museum, 
    Champlain Valley Physicians Hospital, and Champlain Valley Educational 
    Services. Examples from Ticonderoga, at the southern end of the 
    proposed AVA, include Champlain Valley Heating and Plumbing, Champlain 
    Valley Chiropractic Service, and the Champlain Valley Services 
    landscaping company.
    
    Boundary Evidence
    
        The proposed Champlain Valley of New York AVA consists of a long, 
    narrow, relatively flat valley located along the western shore of Lake 
    Champlain in Clinton and Essex Counties, New York. The north-south 
    oriented valley roughly corresponds to the region of New York that was 
    once covered by Lake Vermont, an ancient glacial lake that covered the 
    region approximately 12,000 years ago and was a precursor to Lake 
    Champlain. The proposed AVA encompasses approximately 500 square miles. 
    It stretches approximately 82 miles from the U.S.-Canada border to 
    Ticonderoga, New York, at the southern tip of Lake Champlain. The width 
    of the proposed AVA ranges from approximately 20 miles across at it 
    widest point, which is along the U.S.-Canada border, to less than 5 
    miles wide at its narrowest point, which is the land between State 
    Highway 22 and the shore of Lake Champlain south of Port Henry, New 
    York.
        The northern boundary of the proposed Champlain Valley of New York 
    AVA follows the U.S.-Canada border. The eastern boundary follows the 
    western shoreline of Lake Champlain. To the east of both Lake Champlain 
    and the proposed AVA is the Vermont side of the Champlain Valley, which 
    has physical features similar to those of the New York side, but has a 
    longer growing season. The southern boundary of the proposed AVA 
    follows the Champlain-Hudson Divide, which separates the Champlain 
    Valley from the Hudson River Valley. The western
    
    [[Page 38149]]
    
    boundary follows a series of creeks and roads and separates the valley 
    of the proposed AVA from the foothills of the Adirondack Mountains.
    
    Distinguishing Feature
    
        The distinguishing feature of the proposed Champlain Valley of New 
    York AVA is a short growing season that is suitable for growing North 
    American hybrid varieties of grapes but is too short for reliable 
    cultivation of V. vinifera grapes. Although the proposed AVA extends 
    approximately 82 miles from the U.S.-Canada border to the southern tip 
    of Lake Champlain, temperatures within the proposed AVA are relatively 
    uniform. The following table, derived from data included in the 
    petition, lists the monthly maximum, minimum, and mean temperatures for 
    four communities within the proposed AVA: Ticonderoga, located at the 
    southernmost point of the proposed AVA; Peru, located approximately 50 
    miles north of Ticonderoga, in the middle of the proposed AVA; 
    Plattsburgh, located approximately 10 miles north of Peru; and Chazy, 
    located approximately 14 miles north of Plattsburgh and approximately 8 
    miles south of the U.S.-Canada border.
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        \3\ Source: National Climate Data Center, http://cdo.ncdc.noaa.gov/climatenormals/clim20/ny. Data is from monthly 
    climate normals gathered by the National Oceanic and Atmospheric 
    Administration from 1971-2000. Climate normal are gathered in 30-
    year increments. At the time the petition was submitted, the 1971-
    2000 climate normal was the most recent climate normal available for 
    the region.
    
                                                   Average Daily Maximum, Minimum, and Mean Temperatures (Degrees Fahrenheit) Within Proposed AVA \3\
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                                                                                                                                 Month
                              Location                           -----------------------------------------------------------------------------------------------------------------------------------
                                                                     Jan.       Feb.       Mar.       Apr.       May        June       July       Aug.       Sep.       Oct.       Nov.       Dec.
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                                                                                               Ticonderoga
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    Maximum.....................................................       29.5       29.3       40.8       53.5         68       75.7       82.1       78.2         72       59.2       44.7       32.7
    Minimum.....................................................         10        8.8       22.4       33.6         46       54.5         61       57.9       50.8         40       29.5       15.9
    Mean........................................................       19.8         19       31.6       43.6         57       65.1       71.5         68       61.4       49.6       37.2       24.2
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                                                                                                  Peru
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    Maximum.....................................................       28.1       31.1       40.9       55.1       68.3       77.4       81.8       79.6         71       59.1       45.8       32.7
    Minimum.....................................................        7.9       10.2       20.6       32.5       43.5       53.2       57.7       55.6       47.7       37.2       28.1         15
    Mean........................................................         18       20.7       30.7       43.8       55.9       65.2       69.7       67.6       59.3       48.1       36.9       23.9
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                                                                                               Plattsburgh
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    Maximum.....................................................       27.9       29.1       39.8       54.1       67.2       76.7       81.4       78.4       70.4       58.8         45       32.2
    Minimum.....................................................          9        9.4       21.1         34       44.5       54.2       59.4       57.3       49.9       39.1       29.5       15.5
    Mean........................................................       18.5       19.2       30.4         44       55.9       65.4       70.4       67.8       60.2         49       37.2       23.9
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                                                                                                  Chazy
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    Maximum.....................................................       26.9       28.4         39         54       67.5       76.3       80.9       78.7       70.3       58.3       44.6       31.3
    Minimum.....................................................        7.1          8       19.8         33       44.1       53.7       58.9       56.6       48.7       38.6       28.6       14.3
    Mean........................................................         17       18.1       29.4       43.5       55.8       64.9       69.9       67.7       59.5       48.4       36.6       22.8
    ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
    
        Because of the cool climate, the proposed AVA has a shorter growing 
    season when compared to most of the surrounding regions. The following 
    table, which was derived from information included in the petition, 
    compares the probability of the last spring frost and the first fall 
    frost within the proposed AVA and the surrounding regions. Peru, New 
    York, was chosen as the representative location within the proposed AVA 
    because of its central location. The two locations east of the proposed 
    AVA are both located in Vermont: South Hero, which is located on Grand 
    Isle in the middle of Lake Champlain, and Burlington, which is located 
    on the eastern shore of Lake Champlain southeast of South Hero. 
    Whitehall, New York, is located south of the proposed AVA, in the 
    Hudson River Valley. Lake Placid is located approximately 40 miles west 
    of Peru, within the Adirondack Mountains. Comparison data was not 
    provided for the region to the north of the proposed AVA because the 
    land is within Canada and is therefore ineligible for inclusion within 
    an AVA.
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        \4\ Sources: 1971-2000 climate normal from http://cdo.ncdc.noaa.gov/climatenormals/clim20supp1/states/VT.pdf and 
    http://cdo.ncdc.noaa.gov/climatenormals/clim20supp1/states/NY.pdf. 
    The baseline temperature for frost is considered to be 32 degrees 
    Fahrenheit.
        \5\ The date at which there is a 10 percent probability of the 
    last spring frost occurring later.
        \6\ The date at which there is a 10 percent probability of the 
    first fall frost occurring earlier.
        \7\ The probability level that the growing season will be longer 
    is 10 percent.
    
                                      Comparison of Annual Frost Probabilities \4\
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                                                                                                      Growing season
     Location (direction from proposed AVA)   Last spring frost date \5\   First fall frost date \6\   length (days)
                                                                                                            \7\
    ----------------------------------------------------------------------------------------------------------------
    Peru, NY (within).......................  May 25....................  September 21..............             159
    Whitehall, NY (south)...................  May 11....................  September 24..............             173
    Lake Placid, NY (west)..................  June 22...................  August 30.................             116
    South Hero, VT (east)...................  May 9.....................  September 27..............             183
    Burlington, VT airport (east)...........  April 26..................  September 23..............             164
    ----------------------------------------------------------------------------------------------------------------
    
    
    [[Page 38150]]
    
        The data shows that the proposed AVA has a later last-frost date, 
    an earlier first-frost date, and a shorter growing season than the 
    surrounding regions to the north, east, and south. The region east of 
    the proposed AVA has a longer growing season due to the presence of 
    Lake Champlain. According to the petition, as air moves eastward over 
    the lake, it warms and increases in humidity. The warm, humid air 
    reduces the risk of frost and contributes to a longer growing season on 
    the Vermont side of the lake. Even though the lake is narrow, its 
    moderating effect on surrounding temperatures is significant. The 
    petition notes that South Hero, located on an island in Lake Champlain, 
    is only one mile east of Peru, yet its growing season is almost 4 weeks 
    longer than that of the proposed AVA.
        The region to the south of the proposed Champlain Valley of New 
    York AVA also has a longer growing season. The growing season in 
    Whitehall, within the Hudson River Valley, is two weeks longer than 
    that of the proposed AVA. The petition attributes the longer growing 
    season to the warm, moist winds that flow upward along the Hudson River 
    and the Mohawk Valley. These winds are blocked from entering the 
    proposed AVA by the Champlain-Hudson Divide, which is the slight ridge 
    that separates the two valley systems.
        To the west of the proposed AVA, in Lake Placid within the 
    Adirondack Mountains, the higher elevations bring colder temperatures 
    and a growing season that is much shorter than that of the proposed 
    AVA. According to the petition, the growing season within the 
    Adirondack Mountains is too short for the commercial cultivation of 
    grapes.
        Because of the short growing season within the proposed Champlain 
    Valley of New York AVA, V. vinifera grapes do not ripen reliably, so 
    vineyard owners primarily grow cold-hardy North American hybrids. By 
    contrast, V. vinifera grapes are commonly grown in the Vermont portion 
    of the Champlain Valley, in the Hudson River Valley, and in the Upper 
    Mohawk Valley near Lake Ontario.
    
    TTB Determination
    
        TTB concludes that the petition to establish the Champlain Valley 
    of New York viticultural area merits consideration and public comment, 
    as invited in this notice of proposed rulemaking.
    
    Boundary Description
    
        See the narrative description of the boundary of the petitioned-for 
    viticultural area in the proposed regulatory text published at the end 
    of this proposed rule.
    
    Maps
    
        The petitioner provided the required maps, and they are listed 
    below in the proposed regulatory text.
    
    Impact on Current Wine Labels
    
        Part 4 of the TTB regulations prohibits any label reference on a 
    wine that indicates or implies an origin other than the wine's true 
    place of origin. For a wine to be labeled with a viticultural area 
    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 Sec.  4.25(e)(3) of the TTB regulations (27 
    CFR 4.25(e)(3)). If the wine is not eligible for labeling with a 
    viticultural area 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 viticultural 
    area 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 a 
    viticultural area name that was used as a brand name on a label 
    approved before July 7, 1986. See Sec.  4.39(i)(2) of the TTB 
    regulations (27 CFR 4.39(i)(2)) for details.
        If TTB establishes this proposed viticultural area, its name, 
    ``Champlain Valley of New York,'' 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 the name ``Champlain Valley of 
    New York'' in a brand name, including a trademark, or in another label 
    reference as to the origin of the wine, would have to ensure that the 
    product is eligible to use the viticultural name as an appellation of 
    origin if this proposed rule is adopted as a final rule.
        TTB does not believe that ``Champlain Valley,'' standing alone, 
    should have viticultural significance if the proposed viticultural area 
    is established, due to the fact that the feature known as the Champlain 
    Valley extends into Vermont. Accordingly, the proposed part 9 
    regulatory text set forth in this document specifies only the full name 
    ``Champlain Valley of New York'' as a term of viticultural significance 
    for purposes of part 4 of the TTB regulations.
    
    Public Participation
    
    Comments Invited
    
        TTB invites comments from interested members of the public on 
    whether it should establish the proposed viticultural area. TTB is also 
    interested in receiving comments on the sufficiency and accuracy of the 
    name, boundary, soils, climate, and other required information 
    submitted in support of the petition. Please provide any available 
    specific information in support of your comments.
        Because of the potential impact of the establishment of the 
    proposed Champlain Valley of New York AVA on wine labels that include 
    the term ``Champlain Valley of New York'' 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. If a commenter 
    believes that a conflict will arise, the comment should describe the 
    nature of that conflict, including any anticipated negative economic 
    impact that approval of the proposed viticultural area will have on an 
    existing viticultural enterprise. TTB is also interested in receiving 
    suggestions for ways to avoid conflicts, for example, by adopting a 
    modified or different name for the viticultural area.
    
    Submitting Comments
    
        You may submit comments on this notice by using one of the 
    following three methods:
         Federal e-Rulemaking Portal: You may send comments via the 
    online comment form posted with this notice within Docket No. TTB-2015-
    0010 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under 
    Notice No. 154 on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be attached to comments 
    submitted via Regulations.gov. For complete instructions on how to use 
    Regulations.gov, visit the site and click on the ``Help'' tab.
         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.
         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 400, Washington, DC 20005.
    
    [[Page 38151]]
    
        Please submit your comments by the closing date shown above in this 
    notice. Your comments must reference Notice No. 154 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.
        In your comment, please clearly indicate if you are commenting on 
    your own behalf or on behalf of an association, business, or other 
    entity. If you are commenting on behalf of an 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 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
    
        TTB will post, and you may view, copies of this notice, selected 
    supporting materials, and any online or mailed comments received about 
    this proposal within Docket No. TTB-2015-0010 on the Federal e-
    rulemaking portal, Regulations.gov, at http://www.regulations.gov. A 
    direct link to that docket is available on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 154. You may 
    also reach the relevant docket through the Regulations.gov search page 
    at http://www.regulations.gov. For information on how to use 
    Regulations.gov, click on the site's ``Help'' tab.
        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 the Bureau considers unsuitable for 
    posting.
        You may also view copies of this notice, all related petitions, 
    maps and other supporting materials, and any electronic or mailed 
    comments that TTB receives about this proposal by appointment at the 
    TTB Information Resource Center, 1310 G Street NW., Washington, DC 
    20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page. 
    Please note that TTB is unable to provide copies of USGS maps or other 
    similarly-sized documents that may be included as part of the AVA 
    petition. Contact TTB's information specialist at the above address or 
    by telephone at 202-453-2270 to schedule an appointment or to request 
    copies of comments or other materials.
    
    Regulatory Flexibility Act
    
        TTB certifies that this proposed regulation, if adopted, would not 
    have a significant economic impact on a substantial number of small 
    entities. The proposed regulation imposes no new reporting, 
    recordkeeping, or other administrative requirement. Any benefit derived 
    from the use of a viticultural area name would be the result of a 
    proprietor's efforts and consumer acceptance of wines from that area. 
    Therefore, no regulatory flexibility analysis is required.
    
    Executive Order 12866
    
        It has been determined that this proposed 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
    
        Karen A. Thornton of the Regulations and Rulings Division drafted 
    this proposed rule.
    
    List of Subjects in 27 CFR Part 9
    
        Wine.
    
        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
    
    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.  9.2__to read as follows:
    
    
    Sec.  9.  Champlain Valley of New York.
    
        (a) Name. The name of the viticultural area described in this 
    section is ``Champlain Valley of New York''. For purposes of part 4 of 
    this chapter, ``Champlain Valley of New York'' is a term of 
    viticultural significance.
        (b) Approved maps. The two United States Geological Survey (USGS) 
    1:100,000 scale topographic maps used to determine the boundary of the 
    Champlain Valley of New York viticultural area are titled:
        (1) Lake Champlain, N.Y.; VT.; N.H.; U.S.; CAN., 1962; revised 
    (U.S. area) 1972; and
        (2) Glens Falls, N.Y.; VT.; N.H., 1956; revised 1972.
        (c) Boundary. The Champlain Valley of New York viticultural area is 
    located in Clinton and Essex Counties, New York. The boundary of the 
    Champlain Valley of New York viticultural area is as described below:
        (1) The beginning point is found on the Lake Champlain map at the 
    intersection of the western shore of Lake Champlain and the U.S.-Canada 
    border, just north of the town of Rouses Point.
        (2) From the beginning point, proceed south along the western shore 
    of Lake Champlain approximately 109.4 miles, crossing onto the Glens 
    Falls map, to a road marked on the map as State Route 73 (now known as 
    State Route 74) and known locally as Fort Ti Road, at the Fort 
    Ticonderoga-Larrabees Point Ferry landing; then
        (3) Proceed west along State Route 73 (State Route 74/Fort Ti Road) 
    approximately 1.6 miles to State Route 22; then
        (4) Proceed north along State Route 22 approximately 21 miles, 
    crossing onto the Lake Champlain map and passing through the town of 
    Port Henry, to an unnamed light-duty road known locally as County Road 
    44 (Stevenson Road); then
        (5) Proceed north along County Road 44 (Stevenson Road) 
    approximately 5.8 miles to a railroad track; then
        (6) Proceed northerly along the railroad track approximately 1.6 
    miles to State Route 9N, west of the town of Westport; then
        (7) Proceed westerly along State Route 9N approximately 4.1 miles 
    to Interstate 87; then
        (8) Proceed north along Interstate 87 approximately 21 miles to the 
    Ausable River, southwest of the town of Keeseville; then
        (9) Proceed west (upstream) along the Ausable River approximately 6 
    miles to a bridge connecting two unnamed light-duty roads known locally 
    as Burke Road and Lower Road in the town of Clintonville, and proceed 
    north along the bridge to Lower Road; then
        (10) Proceed west along Lower Road approximately 0.6 mile to State 
    Route 9N; then
        (11) Proceed west along State Route 9N approximately 0.8 mile to an 
    unnamed light-duty road known locally
    
    [[Page 38152]]
    
    as County Route 39 (Clintonville Road); then
        (12) Proceed north along County Route 39 (Clintonville Road) 
    approximately 1.5 miles to the second crossing of the Little Ausable 
    River, west of Cook Mountain; then
        (13) Proceed northeast along the Little Ausable River approximately 
    3.5 miles to the confluence of the river with Furnace Brook, near the 
    town of Harkness; then
        (14) Proceed west along Furnace Brook approximately 0.17 mile to an 
    unnamed light-duty road known locally as County Route 40 (Calkins 
    Road); then
        (15) Proceed north along County Route 40 (Calkins Road) 
    approximately 5.8 miles to an unnamed light-duty road known locally as 
    County Route 35 (Peasleeville Road), south of an unnamed creek known 
    locally as Arnold Brook; then
        (16) Proceed west along County Route 35 (Peasleeville Road) 
    approximately 0.1 mile to an unnamed light-duty road known locally as 
    Connors Road; then
        (17) Proceed north along Connors Road approximately 2.1 miles, 
    crossing the Salmon River, to an unnamed light-duty road known locally 
    as County Route 33 (Norrisville Road); then
        (18) Proceed west along County Route 33 (Norrisville Road) 
    approximately 1.2 miles to an unnamed light-duty road known locally as 
    Shingle Street; then
        (19) Proceed north along Shingle Street approximately 4 miles to an 
    unnamed light-duty road known locally as County Route 31 (Rabideau 
    Street); then
        (20) Proceed west along County Route 31 (Rabideau Street) 
    approximately 0.4 mile to an unnamed light-duty road known locally as 
    Goddeau Street; then
        (21) Proceed north along Goddeau Street approximately 0.9 mile, 
    crossing the Saranac River, to State Route 3 just east of the town of 
    Cadyville; then
        (22) Proceed east along State Route 3 approximately 0.5 mile to an 
    unnamed light-duty road known locally as Akey Road; then
        (23) Proceed north on Akey Road approximately 0.2 mile to State 
    Route 374; then
        (24) Proceed east along State Route 374 approximately 3.6 miles to 
    State Route 190, also known locally as Military Turnpike; then
        (25) Proceed northwest along State Route 190 (Military Turnpike) 
    approximately 15.2 miles to an unnamed light-duty road just east of 
    Park Brook known locally as County Route 12 (Alder Bend Road), 
    northwest of Miner Lake State Park; then
        (26) Proceed north along County Route 12 (Alder Bend Road) 
    approximately 3 miles to U.S. Highway 11; then
        (27) Proceed west along U.S. Highway 11 approximately 1.7 miles to 
    an unnamed light-duty road known locally as County Route 10 (Cannon 
    Corners Road); then
        (28) Proceed north along County Route 10 (Cannon Corners Road) 
    approximately 6 miles to the U.S.-Canada border; then
        (29) Proceed east along the U.S.-Canada border approximately 19.8 
    miles, returning to the beginning point.
    
        Dated: June 24, 2015.
    John J. Manfreda,
    Administrator.
    [FR Doc. 2015-16343 Filed 7-1-15; 8:45 am]
     BILLING CODE 4810-31-P
    
    
    

Document Information

Published:
07/02/2015
Department:
Alcohol and Tobacco Tax and Trade Bureau
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking.
Document Number:
2015-16343
Dates:
Comments must be received by August 31, 2015.
Pages:
38147-38152 (6 pages)
Docket Numbers:
Docket No. TTB-2015-0010, Notice No. 154
RINs:
1513-AC19: Establishment of the Champlain Valley of New York Viticultural Area
RIN Links:
https://www.federalregister.gov/regulations/1513-AC19/establishment-of-the-champlain-valley-of-new-york-viticultural-area
Topics:
Wine
PDF File:
2015-16343.pdf
Supporting Documents:
» Exhibit: Champlain Valley of New York Vineyards Data
» Exhibit: Champlain Valley References in Clinton and Essex Counties
» Revised Champlain Valley Petition (05-29-2015)
CFR: (1)
27 CFR 9