16674 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

Signed: July 27, 2011. 

John J. Manfreda, 

Administrator. 

Approved: September 29, 2011. 

Timothy E. Skud, 

Deputy Assistant Secretary, Tax, Trade, and 

Tariff Policy. 

[FR Doc. 2012–6930 Filed 3–21–12; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2011–0007; T.D. TTB–102; 

Re: Notice No. 121] 

RIN 1513–AB82 

Establishment of the Wisconsin Ledge 

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 establishes the 

approximately 3,800 square-mile 

‘‘Wisconsin Ledge’’ viticultural area in 

northeast Wisconsin. 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: Effective Date: April 23, 2012. 

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 (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 grapegrowing 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 the proposed 

viticultural area 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. 

Wisconsin Ledge Petition 

TTB received a petition from Steven 

J. DeBaker of Trout Springs Winery in 

Green Leaf, Wisconsin, to establish the 

‘‘Wisconsin Ledge’’ American 

viticultural area. The proposed 

viticultural area contains approximately 

3,800 square miles, with approximately 

320 acres of vineyards in at least 14 

commercially-producing vineyards and 

wineries, and an additional 70 acres 

projected to be planted within the next 

two years. A map that was submitted 

with the petition shows that the 

commercial vineyards and wineries are 

geographically dispersed throughout the 

proposed viticultural area. The 

proposed Wisconsin Ledge viticultural 

area lies in Door, Kewaunee, 

Manitowoc, Sheboygan, Ozaukee, 

Washington, Dodge, Fond du Lac, 

Calumet, Outagamie, and Brown 

Counties of northeast Wisconsin and 

does not overlap, or otherwise involve, 

any existing or proposed viticultural 

area. 

The proposed Wisconsin Ledge 

viticultural area is largely surrounded 

by water, including Lake Winnebago, 

the Fox River, Green Bay, and Lake 

Michigan. According to the petition, the 

region is heavily affected by the lasting 

effects of ancient glacial activity and the 

moderating marine influence of the 

surrounding bodies of water. 

TTB published Notice No. 121 in the 

Federal Register on October 14, 2011 

(76 FR 63852), proposing to establish 

the Wisconsin Ledge viticultural area. In 

the notice, TTB summarized the 

evidence from the petition regarding the 

name, boundary, and distinguishing 

features for the proposed viticultural 

area. The distinguishing features of the 

proposed area are its geology, 

geography, climate, hydrology, and 

soils. The notice also included a 

comparison of the distinguishing 

features to the surrounding area. For a 

description of the evidence relating to 

the name, boundary, and distinguishing 

features of the proposed viticultural 

area, see Notice No. 121. 

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Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 16675 

Notice of Proposed Rulemaking and 

Comments Received 

In Notice No. 121, TTB solicited 

comments on the accuracy of the name, 

boundary, climactic, and other required 

information submitted in support of the 

petition. The comment period closed on 

December 13, 2011. 

TTB received 29 comments in 

response to Notice No. 121. The 

commenters included 12 self-identified 

wine industry members, 2 Wisconsin 

wine industry associations, a Wisconsin 

State representative, 2 local planning 

commissions, a local environmental 

group, a local science museum, and 10 

commenters who did not list any 

affiliation. All of the comments 

expressed support for the proposed 

Wisconsin Ledge viticultural area. 

TTB Determination 

After careful review of the petition 

and the comments received in response 

to Notice No. 121, TTB finds that the 

evidence provided by the petitioner 

supports the establishment of the 

approximately 3,800 square mile 

Wisconsin Ledge viticultural area, as 

proposed in Notice No. 121. 

Accordingly, under the authority of the 

Federal Alcohol Administration Act and 

part 4 of the TTB regulations, TTB 

establishes the ‘‘Wisconsin Ledge’’ 

viticultural area in Door, Kewaunee, 

Manitowoc, Sheboygan, Ozaukee, 

Washington, Dodge, Fond du Lac, 

Calumet, Outagamie, and Brown 

Counties of northeast Wisconsin, 

effective 30 days from the publication 

date of this document. 

Boundary Description 

In this final rule, TTB made minor 

editorial changes to clarify some of the 

language in the written boundary 

description published as part of Notice 

No. 121. See the narrative boundary 

description of the viticultural area in the 

regulatory text published at the end of 

this notice. 

Maps 

The petitioner provided the required 

maps, and TTB lists them 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. With the 

establishment of this viticultural area, 

its name, ‘‘Wisconsin Ledge,’’ is 

recognized as a name of viticultural 

significance under 27 CFR 4.39(i)(3). 

The text of the new regulation clarifies 

this point. Once this final rule becomes 

effective, wine bottlers using 

‘‘Wisconsin Ledge’’ 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 ‘‘Wisconsin 

Ledge’’ 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. 

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 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 rule is not a significant 

regulatory action as defined by 

Executive Order 12866. Therefore, it 

requires no regulatory assessment. 

Drafting Information 

Karen A. Thornton of the Regulations 

and Rulings Division drafted this 

document. 

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 

■ 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. Subpart C is amended by adding 

§ 9.224 to read as follows: 

§ 9.224 Wisconsin Ledge. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Wisconsin Ledge’’. For purposes of 

part 4 of this chapter, ‘‘Wisconsin 

Ledge’’ is a term of viticultural 

significance. 

(b) Approved maps. The 11 United 

States Geological Survey 1:100,000 scale 

topographic maps used to determine the 

boundary of the Wisconsin Ledge 

viticultural area are titled: 

(1) Door County, Wisconsin, 1986; 

(2) Kewaunee County, Wisconsin, 

1985; 

(3) Manitowoc County, Wisconsin, 

1986; 

(4) Sheboygan County, Wisconsin, 

1986; 

(5) Ozaukee County, Wisconsin, 1986; 

(6) Washington County, Wisconsin, 

1986; 

(7) Dodge County, Wisconsin, 1986; 

(8) Fond du Lac County, Wisconsin, 

1986; 

(9) Calumet County, Wisconsin, 1986; 

(10) Outagamie County, Wisconsin, 

1985; and 

(11) Brown County, Wisconsin, 1984. 

(c) Boundary. The Wisconsin Ledge 

viticultural area is located in northeast 

Wisconsin in Door, Kewaunee, 

Manitowoc, Sheboygan, Ozaukee, 

Washington, Dodge, Fond du Lac, 

Calumet, Outagamie, and Brown 

Counties. The boundary of the 

Wisconsin Ledge viticultural area is as 

described below: 

(1) The beginning point is shown on 

the Door County map and is located at 

the northern end of the Door Peninsula 

at the point where the R28E and R29E 

common boundary line intersects with 

the Lake Michigan shoreline at Gills 

Rock in Hedgehog Harbor. From the 

beginning point, proceed easterly along 

the Lake Michigan shoreline to 

Northport and then continue southerly 

along the meandering shoreline, passing 

in succession over the Kewaunee, 

Manitowoc, and Sheboygan County 

maps and onto the Ozaukee County map 

to the intersection of the Lake Michigan 

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16676 Federal Register / Vol. 77, No. 56 / Thursday, March 22, 2012 / Rules and Regulations 

shoreline with a line drawn as an 

easterly extension of County Highway T 

(locally known as Lakefield Road), east 

of Cedarburg; then 

(2) Proceed west on County Highway 

T through Cedarburg, crossing onto the 

Washington County map, passing over 

the North Western railroad single track, 

and continuing to the intersection of 

County Highway T with U.S. Route 45; 

then 

(3) Proceed north on U.S. Route 45 to 

the intersection of U.S. Route 45 with 

State Road 60, south of Hasmer Lake; 

then 

(4) Proceed westerly on State Road 60, 

crossing onto the Dodge County map, to 

the intersection of State Road 60 with 

State Road 26 at Casper Creek, northnorthwest of Clyman Junction; then 

(5) Proceed northerly on State Road 

26 to the intersection of State Road 26 

with U.S. Route 151, north of Plum 

Creek in Chester Township; then 

(6) Proceed northerly on U.S. Route 

151, passing through Waupun onto the 

Fond du Lac County map, and continue 

northeasterly into the City of Fond du 

Lac to the point where U.S. Route 151 

turns east, and, from that point, 

continue north in a straight line to the 

south shore of Lake Winnebago in 

Lakeside Park; then 

(7) Proceed easterly along the 

southern shoreline of Lake Winnebago, 

then northerly along the eastern 

shoreline, crossing onto the Calumet 

County map, to the intersection of the 

shoreline with a line drawn as a 

southerly extension of County Highway 

N at Highland Beach in Harrison 

Township; then 

(8) Proceed north on County Highway 

N, crossing onto the Outagamie County 

map, to the intersection of County 

Highway N with the Fox River; then 

(9) Proceed northeasterly 

(downstream) along the Fox River, 

crossing onto the Brown County map, 

until the Fox River meets the southern 

shoreline of Green Bay; and then 

(10) Proceed northeasterly along the 

eastern shoreline of Green Bay, passing 

over the Kewaunee County map and 

onto the Door County map, to Sister 

Bay, where the eastern shoreline of 

Green Bay becomes the shoreline of 

Lake Michigan, and then continue 

northeasterly along the shoreline of 

Lake Michigan, returning to the 

beginning point. 

Signed: February 8, 2012. 

John J. Manfreda, 

Administrator. 

Approved: March 5, 2012. 

Timothy E. Skud, 

Deputy Assistant Secretary, Tax, Trade, and 

Tariff Policy. 

[FR Doc. 2012–6927 Filed 3–21–12; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 311 

[Docket ID DOD–2012–OS–0027] 

Privacy Act of 1974; Implementation; 

Correction 

AGENCY: Office of the Secretary, DoD. 

ACTION: Direct final rule with request for 

comments; correction. 

SUMMARY: On March 16, 2012, the 

Department of Defense published a 

direct final rule titled Privacy Act of 

1974; Implementation. This rule 

corrects a system identifier error in the 

amended text. 

DATES: Effective May 25, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Toppings, (571) 372–0485. 

SUPPLEMENTARY INFORMATION: On March 

16, 2012, the Department of Defense 

published a direct final rule titled 

Privacy Act of 1974; Implementation. 

Subsequent to the publication of that 

direct final rule, Department of Defense 

discovered that the system identifier 

‘‘DMDC 13’’ in § 311.8(c)(17) should 

have read ‘‘DMDC 11’’. 

Correction 

In the final rule (FR Doc. 2012–6167) 

published on March 16, 2012 (77 FR 

15587–15588), make the following 

correction: 

§ 311.8 [Corrected] 

■ On page 15588, in § 311.8, in the first 

column, in paragraph (c)(17), ‘‘DMDC 

13, Investigative Records Repository’’ 

should read ‘‘DMDC 11, Investigative 

Records Repository’’. 

Dated: March 19, 2012. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2012–6925 Filed 3–21–12; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R02–OAR–2012–0032, FRL–9645–8] 

Approval and Promulgation of 

Implementation Plans and Operating 

Permits Program; Commonwealth of 

Puerto Rico; Administrative Changes 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving revisions to 

the Puerto Rico Regulations for the 

Control of Atmospheric Pollution, 

submitted to EPA by the Puerto Rico 

Environmental Quality Board on July 

13, 2011. This action approves revisions 

to Rules 102, 111, 115, 116, 609 and 

Appendix A. Generally the revisions to 

the regulations involve administrative 

changes which improve the clarity of 

the rules contained in the 

Commonwealth’s Implementation Plan 

and Operating Permits Program. They 

do not change the emission limitations 

nor add significant new requirements. 

DATES: This direct final rule is effective 

on May 21, 2012 without further notice, 

unless EPA receives adverse comment 

by April 23, 2012. If EPA receives such 

comment, EPA will publish a timely 

withdrawal in the Federal Register 

informing the public that this rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R02– 

OAR–2012–0032, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: Werner.Raymond@epa.gov. 

• Fax: (212) 637–3901. 

• Mail: Raymond Werner, Chief, Air 

Programs Branch, Environmental 

Protection Agency, Region 2 Office, 290 

Broadway, 25th Floor, New York, New 

York 10007–1866. 

• Hand Delivery: Raymond Werner, 

Chief, Air Programs Branch, 

Environmental Protection Agency, 

Region 2 Office, 290 Broadway, 25th 

Floor, New York, New York 10007– 

1866. Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R02–OAR–2012– 

0032. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

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