47380 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 

0.2 mile to its intersection with the 

western boundary of Section 21, T18S/ 

R6E. 

(16) Then follow a straight line southsouthwest for 0.3 mile to the 

intersection of Clark Road and the 

southern boundary of Section 21, T18S/ 

R6E. 

(17) Then follow Clark Road westsouthwest for 0.2 mile to its intersection 

with an unnamed, light-duty road. 

* * * * * 

Signed: May 24, 2021. 

Mary G. Ryan, 

Administrator. 

Approved: May 28, 2021. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2021–18208 Filed 8–24–21; 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–2020–0010; T.D. TTB–173; 

Ref: Notice No. 195] 

RIN 1513–AC71 

Establishment of the Virginia 

Peninsula 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 

673,059-acre ‘‘Virginia Peninsula’’ 

viticultural area (AVA) in southeastern 

Virginia. The Virginia Peninsula 

viticultural area is not located within, 

nor does it contain, any other 

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. 

DATES: This final rule is effective 

September 24, 2021. 

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 the functions 

and duties in the administration and 

enforcement of these provisions to the 

TTB Administrator through Treasury 

Order 120–01, dated December 10, 2013 

(superseding Treasury Order 120–01, 

dated January 24, 2003). 

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 to TTB 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 grapegrowing 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 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. 

Virginia Peninsula AVA Petition 

TTB received a petition from the 

Williamsburg Winery proposing the 

establishment of the ‘‘Virginia 

Peninsula’’ AVA in southeastern 

Virginia. The proposed AVA covers 

673,059 acres and includes the counties 

of James City, York, New Kent, and 

Charles City, as well as the independent 

cities of Poquoson, Hampton, Newport 

News, and Williamsburg. The proposed 

Virginia Peninsula is not located within 

any other AVA. At the time the petition 

was submitted, the proposed AVA 

contained five commercial vineyards 

covering a total of approximately 112 

acres. The petition states that vineyard 

owners plan to plant an additional 61 

acres of vineyards in the next few years. 

There are also five wineries within the 

proposed AVA. The petition identifies 

the distinguishing features of the 

proposed Virginia Peninsula AVA as its 

geology and climate. 

The proposed Virginia Peninsula 

AVA, along with the regions to the 

north and south, is located on the 

Atlantic Coastal Plain, a region of low 

topographic relief with elevations 

ranging from sea level to approximately 

250 feet. The York River, along with the 

Pamunkey River that feeds it, forms the 

northern boundary of the proposed 

AVA, and the James River forms the 

southern boundary. The Atlantic Coastal 

Plain is underlain by Cenozoic-era sand, 

mud, and gravel that were deposited 

during periods of higher sea levels. 

According to the petition, the geological 

formations of the proposed AVA are 

ideal for viticulture, as the bedrock 

tends to be fractured, allowing for 

greater root depth and greater rainfall 


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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 47381 

permeability. To the east of the 

proposed AVA is the Atlantic Ocean. To 

the west of the proposed AVA are the 

Hopewell fault and the Atlantic 

Seaboard Fall Line, which mark the 

beginning of the Piedmont and Blue 

Ridge regions of Virginia. The geology of 

these regions to the west consists of 

igneous and metamorphic rock, 

including granite and gneiss. The 

bedrock is less porous and less fractured 

than the bedrock of the proposed AVA. 

As a result, neither grapevine roots nor 

rain can penetrate as deeply as within 

the more fractured bedrock of the 

proposed AVA. 

The proposed Virginia Peninsula 

AVA is characterized by a humid 

subtropical climate, with long, humid 

summers and moderate to mild winters. 

Average growing season temperatures 

within the proposed AVA range from an 

average low of 65 degrees Fahrenheit (F) 

to an average high of 84 degrees F. The 

average maximum high temperature is 

100 degrees F, while the average 

minimum low temperature is 35 degrees 

F. The proposed AVA averages 57 days 

with temperatures over 90 degrees F and 

2.6 days with temperatures over 100 

degrees F. According to the petition, 

temperatures above 90 degrees F reduce 

photosynthesis in grapevines. Because 

photosynthesis is the process which 

produces sugar, reduced photosynthesis 

rates would require fruit to hang longer 

to achieve optimal sugar levels. The 

longer hang time increases the risk of 

disease or animals destroying a crop 

before it can be harvested. 

The regions to the north and south of 

the proposed AVA have lower average 

growing season high temperatures, 

lower average growing season low 

temperatures, and lower average 

maximum high temperatures than the 

proposed AVA. Average minimum low 

growing season temperatures to the 

north are lower than within the 

proposed Virginia Peninsula AVA, 

while average minimum low growing 

season temperatures to the south are the 

same as within the proposed AVA. The 

regions to the north and south both have 

significantly fewer days with 

temperatures over 90 degrees F than the 

proposed AVA, and neither region has 

any days with temperatures over 100 

degrees. The petition did not include 

temperature information for the region 

to the west of the proposed AVA. 

According to the petition, the 

proposed Virginia Peninsula receives an 

average of 40.4 inches of rain a year, 

with an average of 7 inches occurring 

during the harvest season period of 

August 21 to November 8. During the 

harvest period, the proposed AVA has 

an average of 21 days with rain, and an 

average of 4.8 days with over 1⁄2 inch of 

rain. The average annual and growing 

season rainfall amounts of the proposed 

AVA are higher than the amounts for 

the region to the north and less than the 

amounts for the region to the south. The 

proposed AVA also has more average 

harvest days with rain and more average 

harvest days with over 1⁄2 inch of rain 

than the region to the north, and fewer 

average harvest days with rain and 

fewer average harvest days with over 1⁄2

inch of rain than the region to the south. 

The petition did not include rainfall 

information from the region to the west 

of the proposed AVA. According to the 

petition, frequent rainfall during the 

harvest season, particularly daily 

amounts over 1⁄2 inch, can cause 

ripening fruits to split and can dilute 

flavors. The high growing season 

temperatures combined with frequent 

rainfall during the typical harvest 

season mean that vineyard managers 

within the proposed Virginia Peninsula 

AVA frequently face the decision 

whether to pick grapes before they’ve 

reached peak ripeness, or to let the fruit 

continue to ripen but potentially spoil. 

Notice of Proposed Rulemaking and 

Comments Received 

TTB published Notice No. 195 in the 

Federal Register on October 1, 2020 (85 

FR 61895), proposing to establish the 

Virginia Peninsula 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. 195. 

In Notice No. 195, 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 

November 30, 2020. TTB did not receive 

any comments in response to Notice No. 

195. 

TTB Determination 

After careful review of the petition, 

TTB finds that the evidence provided by 

the petitioner supports the 

establishment of the Virginia Peninsula 

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 ‘‘Virginia 

Peninsula’’ AVA in southeastern 

Virginia, effective 30 days from the 

publication date of this document. 

Boundary Description 

See the narrative description of the 

boundary of the Virginia Peninsula 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. The Virginia Peninsula 

AVA boundary may also be viewed 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. 

With the establishment of the Virginia 

Peninsula AVA, its name, ‘‘Virginia 

Peninsula,’’ will be recognized as a 

name of viticultural significance under 

§ 4.39(i)(3) of the TTB regulations (27 

CFR 4.39(i)(3)). The text of the 

regulations clarifies this point. 

Consequently, wine bottlers using the 

name ‘‘Virginia Peninsula’’ in a brand 

name, including a trademark, or in 

another label reference 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 Virginia 

Peninsula AVA will not affect any 

existing AVA. The establishment of the 

Virginia Peninsula AVA will allow 

vintners to use ‘‘Virginia Peninsula’’ as 

an appellation of origin for wines made 

primarily from grapes grown within the 

Virginia Peninsula AVA if the wines 

meet the eligibility requirements for the 

appellation. 


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47382 Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations 

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 

Karen A. Thornton 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 

■ 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. Add § 9.279 to subpart C to read as 

follows: 

§ 9.279 Virginia Peninsula AVA. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Virginia Peninsula’’. For purposes of 

part 4 of this chapter, ‘‘Virginia 

Peninsula’’ is a term of viticultural 

significance. 

(b) Approved maps. The 5 United 

States Geological Survey (USGS) 

1:100,000 scale topographic maps used 

to determine the boundary of the 

Virginia Peninsula viticultural area are 

titled: 

(1) Norfolk, Virginia-North Carolina; 

1985; 

(2) Petersburg, Virginia, 1984; 

(3) Richmond, Virginia, 1984; 

(4) Tappahannock, Virginia-Maryland; 

1984; and 

(5) Williamsburg, Virginia, 1984. 

(c) Boundary. The Virginia Peninsula 

viticultural area is located in James City, 

York, New Kent, and Charles City 

Counties, Virginia, as well as the 

independent Virginia cities of 

Poquoson, Hampton, Newport News, 

and Williamsburg. The boundary of the 

Virginia Peninsula viticultural area is as 

described below: 

(1) The beginning point is on the 

Norfolk, Virginia-North Carolina map at 

the intersection of the Newport News 

City boundary and the James River 

Bridge. From the beginning point, 

proceed northwesterly along the 

Newport News City boundary to the 

point in the James River where the city 

boundary becomes concurrent with the 

James City County boundary; then 

(2) Proceed northwesterly along the 

James City County boundary to the 

point where it becomes concurrent with 

the Charles City County boundary; then 

(3) Proceed along the Charles City 

County boundary, crossing onto the 

Petersburg, Virginia, map and 

continuing along the Charles City 

County boundary to the point where it 

intersects the Henrico County boundary 

at Turkey Island Creek; then 

(4) Proceed north-northeasterly along 

the concurrent Henrico County-Charles 

City County boundary to its intersection 

with the Chickahominy River, which is 

concurrent with the New Kent County 

boundary; then 

(5) Proceed northwesterly along the 

Chickahominy River-New Kent County 

boundary, crossing onto the Richmond, 

Virginia, map to its intersection with the 

Hanover County boundary; then 

(6) Proceed northeasterly along the 

Hanover County-New Kent County 

boundary to its intersection with the 

King William County boundary at the 

Pamunkey River; then 

(7) Proceed southeasterly along the 

King William County-New Kent County 

boundary, crossing onto the 

Tappahannock, Virginia-Maryland map, 

to the intersection of the concurrent 

county boundary with the York River; 

then 

(8) Proceed southeasterly along the 

York River, crossing onto the 

Williamsburg, Virginia map, to the 

intersection of the river with the 

Chesapeake Bay north of Tue Point; 

then 

(9) Proceed southeast in a straight line 

to the shoreline of Marsh Point; then 

(10) Proceed southeasterly, then 

southwesterly along the shoreline to the 

Hampton Roads Bridge-Tunnel; then 

(11) Proceed southwest in a straight 

line, crossing onto the Norfolk, VirginiaNorth Carolina map, to the northeastern 

terminus of the Hampton City boundary; 

then 

(12) Proceed southwesterly along the 

Hampton City boundary to the point 

where it intersects with the Newport 

News City boundary; then 

(13) Proceed southwesterly, then 

northwesterly along the Newport News 

City boundary, returning to the 

beginning point. 

Signed: June 9, 2021. 

Mary G. Ryan, 

Administrator. 

Approved: June 11, 2021. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 2021–18209 Filed 8–24–21; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0638] 

RIN 1625–AA00 

Safety Zone; Monongahela River, Miles 

5.8–6.3, Pittsburgh, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Monongahela 

River from Mile 5.8 to Mile 6.3. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment from potential hazards 

created by a fireworks display. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by Captain of the Port 

Marine Safety Unit Pittsburgh. 

DATES: This rule is effective from 10:30 

p.m. through 11:30 p.m. on September 

10, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0638 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MST2 David Deaton, Marine 

Safety Unit Pittsburgh, U.S. Coast 

Guard, at telephone 412–221–0807 ext 

226, email David.M.Deaton@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 


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