[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Proposed Rules]
[Pages 46842-46849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18535]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 88; Docket No. TTB-2008-0007]
RIN 1513-AB40


Proposed Establishment of the Upper Mississippi River Valley 
Viticultural Area (2007R-055P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to 
establish the 29,914-square mile ``Upper Mississippi River Valley'' 
American viticultural area in portions of southeast Minnesota, 
southwest Wisconsin, northwest Illinois, and northeast Iowa. We 
designate viticultural areas to allow vintners to better describe the 
origin of their wines and to allow consumers to better identify wines 
they may purchase. We invite comments on this proposed addition to our 
regulations.

DATES: We must receive written comments on or before October 14, 2008.

ADDRESSES: You may send comments on this notice to one of the following 
addresses:
    <bullet> http://www.regulations.gov (via the online comment form 
for this notice as posted within Docket No. TTB-2008-0007 at 
``Regulations.gov,'' the Federal e-rulemaking portal); or

[[Page 46843]]

    <bullet> Director, Regulations and Rulings Division, Alcohol and 
Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412.
    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.
    You may view copies of this notice, selected supporting materials, 
and any comments we receive about this proposal at http://www.regulations.gov within Docket No. TTB-2008-0007. A link to that 
docket is posted on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 88. You also may view copies of this 
notice, all related petitions, maps and other supporting materials, and 
any comments we receive about this proposal by appointment at the TTB 
Information Resource Center, 1310 G Street, NW., Washington, DC 20220. 
Please call 202-927-2400 to make an appointment.

FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Regulations and Rulings 
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St., 
No. 158, Petaluma, CA 94952; telephone 415-271-1254.

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 requires that these regulations, 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 
regulations promulgated under the FAA Act.
    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) contains 
the list of approved 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 distinguishable by geographical features, the boundaries 
of which have been recognized and defined 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 geographical 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 grape-growing region 
as a viticultural area. Section 9.3(b) of the TTB regulations requires 
the petition to include--
    <bullet> Evidence that the proposed viticultural area is locally 
and/or nationally known by the name specified in the petition;
    <bullet> Historical or current evidence that supports setting the 
boundary of the proposed viticultural area as the petition specifies;
    <bullet> Evidence relating to the geographical features, such as 
climate, soils, elevation, and physical features that distinguish the 
proposed viticultural area from surrounding areas;
    <bullet> A description of the specific boundary of the proposed 
viticultural area, based on features found on United States Geological 
Survey (USGS) maps; and
    <bullet> A copy of the appropriate USGS map(s) with the proposed 
viticultural area's boundary prominently marked.

Upper Mississippi River Valley Petition

    The Upper Mississippi River Valley AVA Committee submitted a 
petition to TTB proposing the establishment of the 29,914-square mile 
``Upper Mississippi River Valley'' American viticultural area in 
portions of southeast Minnesota, southwest Wisconsin, northwest 
Illinois, and northeast Iowa. A map submitted with the petition 
indicates that the vineyards within the proposed viticultural area are 
geographically disbursed throughout the area. The established 28,000-
acre (43.75-square mile) Lake Wisconsin viticultural area (27 CFR 
9.146) located in Columbia and Dane Counties, Wisconsin, lies entirely 
within the eastern portion of the proposed viticultural area.
    As indicated on the USGS maps included with the petition, the 
Mississippi River runs north-to-south in the approximate middle of the 
proposed viticultural area. St. Paul, Minnesota, is the northernmost 
point of the proposed viticultural area and its southernmost point is 
north of Moline, Illinois. According to the petitioner, the Wisconsin 
ice age and the effects of glaciation on the region provide a basis for 
most of the distinguishing features of the proposed viticultural area.
    We summarize below the supporting evidence submitted with the 
petition.

Name Evidence

    According to the petitioner, the Upper Mississippi River Wildlife 
and Fish Refuge Act of 1924 provides a historical perspective in 
support of the ``Upper Mississippi River Valley'' name and its 
boundaries. The Act established what later would be known as the Upper 
Mississippi River National Wildlife and Fish Refuge, an area that 
Congress created to reflect the unique habitat of the Paleozoic Plateau 
(see ``Regional Land Management'' below). The petition documentation 
includes references citing the Upper Mississippi River Valley name 
relevant to the Upper Mississippi River National Wildlife and Fish 
Refuge. The petitioner documents the use of the Upper Mississippi River 
Valley name in Federal and public Web sources.
    A page on the USGS Web site, ``Status and Trends of the Nation's 
Biological Resources, Part 2, Regional Trends of Biological 
Resources,'' (http://biology.usgs.gov/s+t/SNT/index.htm) includes a 
section on the Mississippi River. The ``Geography, Geological History, 
and Human Development'' subsection explains the glacial history of the 
Upper Mississippi River. The Wisconsin Glacier retreating into Canada 
and melting is described as follows: ``The Upper Mississippi River 
valley then began filling with glacial outwash, mainly sand and gravel, 
a process that is still under way * * *. The Upper Mississippi River 
valley widens considerably where it joins the Minnesota River, 13 
kilometers downstream from St. Anthony Falls * * *.'' The petitioner 
explains that at St. Anthony Falls the Mississippi River headwaters 
join the northern boundary of the Upper Mississippi River Valley.
    Regarding the history of the valley, a page on the National Park 
Service Web site (http://www.nps.gov/efmo/parks/hist.htm) states that 
``The Upper Mississippi River valley was not only the home of 
prehistoric Indians for thousands of years, but also has been the scene 
for over 300 years of recorded human history as well. Early explorers 
found the area along the big river

[[Page 46844]]

occupied by groups of Native Americans.''
    The May 6, 1997, NOVA broadcast entitled ``Flood!'' described the 
1993 flooding of the Upper Mississippi River Valley. It included an 
interview with Lynn House of Quincy, Illinois. She and her husband own 
1,400 acres along the Mississippi River. Mrs. House said that during 
the flooding of 1993 her husband exclaimed, ``Levees are going to break 
like guitar strings, up and down the Upper Mississippi River Valley!''
    ``Twelve Millennia: Archaeology of the Upper Mississippi River 
Valley,'' by James Theler and Robert Boszhardt (2003, Iowa State 
University Press), provides an overview of the 12,000-year-old human 
past of the Driftless Area of the Upper Mississippi River Valley, 
according to a description of the book on www.amazon.com. The Driftless 
Area extends from Rock Island Rapids, in the Moline-Rock Island, 
Illinois, area, north to St. Anthony Falls in the Minneapolis-St. Paul, 
Minnesota, area. (It comprises areas that were excluded from glacial 
transport of sediments and other materials.) The petitioner notes that 
the Driftless Area roughly corresponds to the boundary of the proposed 
Upper Mississippi River Valley viticultural area.
    The ``Upper Mississippi River Valley: A Personal Web Site and 
Guide,'' at http://soli.inav.net/~atkinson/k/UpperMissRiver.htm, has 
scenic photographs and information on local tourism, parks and natural 
areas, cities and towns, books, and shopping in the Upper Mississippi 
River Valley.

Boundary Evidence

    The proposed Upper Mississippi River Valley viticultural area 
covers 29,914 square miles, averaging 120 miles east to west and 225 
miles north to south, according to the USGS maps provided with the 
petition. The headwaters of the Mississippi River start at Lake Itasca 
in northwest Minnesota and continue to St. Anthony Falls in 
Minneapolis-St. Paul, Minnesota, the petitioner explains.
    According to the USGS maps included with the petition, the proposed 
northern boundary of the Upper Mississippi River Valley viticultural 
area coincides with the landmark St. Anthony Falls. The proposed 
southern portion of the boundary extends west from north of Moline, 
Illinois, at Lock and Dam 14 on the Mississippi River, to Tiffin, Iowa. 
The USGS maps show that the proposed easternmost point of the proposed 
boundary is in Janesville, Wisconsin, and the westernmost point is 
along Minnesota State Highway 56 in Coates, Minnesota, south of St. 
Paul.
    To define the proposed boundary of the Upper Mississippi River 
Valley viticultural area, the petitioner provided a written boundary 
description and USGS State maps for Minnesota, Wisconsin, Illinois, and 
Iowa. The petitioner also provided Anamosa and Marshalltown, Iowa, 
regional maps, which show highways in more detail.

States and Counties

    The table below lists the counties in four states that are either 
totally or partially within the boundary of the proposed Upper 
Mississippi River Valley viticultural area.

                    Counties in the Proposed Upper Mississippi River Valley Viticultural Area
----------------------------------------------------------------------------------------------------------------
                                      Minnesota            Wisconsin           Illinois              Iowa
----------------------------------------------------------------------------------------------------------------
1..............................  Dakota               Buffalo             Carroll             Allamakee
2..............................  Dodge                Clark               Jo Davies           Black Hawk
3..............................  Fillmore             Columbia            Lee                 Bremer
4..............................  Goodhue              Crawford            Ogle                Buchanan
5..............................  Houston              Dane                Rock Island         Cedar
6..............................  Mower                Dunn                Stephenson          Chickasaw
7..............................  Olmstead             Eau Claire          Whiteside           Clayton
8..............................  Wabasha              Grant               Winnebago           Clinton
9..............................  Washington           Green               ..................  Delaware
10.............................  Winona               Iowa                ..................  Dubuque
11.............................  ...................  Jackson             ..................  Fayette
12.............................  ...................  Juneau              ..................  Howard
13.............................  ...................  La Crosse           ..................  Jackson
14.............................  ...................  La Fayette          ..................  Johnson
15.............................  ...................  Monroe              ..................  Jones
16.............................  ...................  Pepin               ..................  Linn
17.............................  ...................  Pierce              ..................  Scott
18.............................  ...................  Richland            ..................  Winneshiek
19.............................  ...................  Rock
20.............................  ...................  Sauk
21.............................  ...................  St. Croix
22.............................  ...................  Trempealeau
23.............................  ...................  Vernon
----------------------------------------------------------------------------------------------------------------

Regional History

    The petitioner explains that European explorers Jacques Marquette 
and Louis Joliet first entered the Upper Mississippi River Valley on 
June 17, 1673. The Louisiana Purchase and the resolution of the Black 
Hawk War in 1832 served to open the area to settlers from the eastern 
states.
    According to the petitioner, native grape varieties in the Upper 
Mississippi River Valley thrived in the late 19th and early 20th 
centuries. In 1919, Iowa produced the sixth largest grape crop in the 
United States. However, prohibition, severe freezes, droughts, and wind 
drift from some crop sprays caused native viticulture to dwindle 
throughout much of the 20th century within the proposed viticultural 
area. The disease- and cold-resistant French-American grape hybrids and 
crop spray improvements developed during the 20th century resulted in 
renewed confidence in grape growing as an industry in the Upper 
Mississippi River Valley region.

Regional Land Management

    The petitioner explains that two management areas, Major Land 
Resource Area (MLRA) 105 and the Driftless Area Initiative (DAI), help 
to define the proposed viticultural area. The United States Department 
of Agriculture, Natural Resources Conservation Service (NRCS), oversees

[[Page 46845]]

the management of MLRAs. MLRA 105 comprises the Paleozoic Plateau, 
which more recent glacial incursions surrounded, bypassed, and 
preserved as a rugged, bedrock-controlled environment with soils 
lacking the glacial drift of areas outside the MLRA boundary. Thus, it 
encompasses a vast area that has similar soils, climate, water 
resources, and land uses. It includes portions of four states: 
Southeastern Minnesota, southwestern Wisconsin, northeastern Iowa, and 
northwestern Illinois. It roughly corresponds to the boundary of, but 
is 4 percent smaller than, the proposed viticultural area.
    The DAI, according to the petitioner, comprises the Midwest 
Driftless Area with its atypical lack of glacial till. It was created 
and is managed conjointly by the Resource Conservation and Development 
Councils under the NRCS in the four-state area. The DAI is mandated to 
conserve land, water, and habitat resources that are strongly 
influenced by the dramatic landscape. In some areas the DAI boundary 
slightly extends beyond the MLRA 105 boundary to more fully capture 
included watersheds and transitional areas of increasing glacial drift.
    The petitioner uses State and interstate highways to define the 
boundary of the proposed Upper Mississippi River Valley viticultural 
area. The highways are marked on the USGS maps and form a boundary that 
comprises these important, interrelated components of the proposed 
viticultural area: The Upper Mississippi River National Wildlife and 
Fish Refuge, the Paleozoic Plateau, MLRA 105, the Driftless Area, and 
the Upper Mississippi River watershed.
    According to the petitioner, the proposed Upper Mississippi River 
Valley viticultural area includes steep-sided cliffs, bluffs, deeply 
entrenched stream valleys, and karst features. It has more hills, 
ridges, areas of thinner glacial till, and thus better drainage for 
grapes than areas outside the proposed boundary. Outside the proposed 
boundary, the topography consists of smoother landforms of 
unconsolidated materials, glacial drift that is thicker than that 
within the proposed boundary, and alluvium.
    The petitioner explains that how the Mississippi River is divided 
varies among individuals, commercial entities, and public agencies. The 
petitioner notes that ``* * * the Mississippi River, sometimes in 
conjunction with its valley, is discussed as having upper and lower 
segments.'' Others, however, refer to the upper, middle, and lower 
Mississippi.
    The petitioner explains further that the southern boundary line of 
the proposed Upper Mississippi River Valley viticultural area 
correlates with the southern border of the Upper Mississippi Fish and 
Wildlife Refuge established in 1924. The Wapsipinicon River watershed 
closely parallels the eastern and southern boundary lines of the 
proposed viticultural area. Interstate Highway 80, which serves as a 
portion of the southern boundary line of the proposed viticultural 
area, approximates the Wapsipinicon River watershed boundary line.
    The petitioner explains that the southern boundary of the proposed 
viticultural area correlates with the southern boundary of the U.S. 
Department of Agriculture Hardiness Zone 4b. Also, based on research 
information provided by Professor Paul Domoto, PhD, Department of 
Horticulture, Iowa State University, the average minimum winter 
temperatures within the proposed Upper Mississippi River Valley 
viticultural area are -15 to -20 degrees F. To the south, they are -10 
to -15 degrees F.
    According to the petitioner, the southern portion of the boundary 
of the proposed viticultural area continues for a few miles south of 
the established southern portion of the boundary of MLRA 105. Also, the 
western portion of the boundary of the proposed viticultural area 
includes a portion of the adjacent MLRA 104 to encompass the entire 
watershed of the Wapsipinicon River, a primary tributary of the Upper 
Mississippi River.

Lake Wisconsin AVA (27 CFR 9.146)

    The proposed Upper Mississippi River Valley viticultural area 
includes the established 28,000-acre Lake Wisconsin viticultural area, 
the petitioner explains. The Wisconsin River, which forms Lake 
Wisconsin, is a major tributary to the Upper Mississippi River.
    The petitioner states that the Lake Wisconsin viticultural area is 
comprised of soil orders and Driftless Area topography similar to those 
of the proposed Upper Mississippi River Valley viticultural area. 
Regarding the Lake Wisconsin viticultural area, which has a few glacial 
deposits at the higher elevations, according to the petitioner, 
geologists view that area as a transitional glacial area. (The original 
Lake Wisconsin viticultural area (T.D. ATF-352, 59 FR 537, January 5, 
1994) describes the area as a transitional zone between the glaciated 
topography to its east and the unglaciated, driftless topography to its 
west.)

Distinguishing Features

    The petitioner asserts that the distinguishing features of the 
proposed Upper Mississippi River Valley viticultural area include its 
geology, unglaciated topography, climate, soils, and hydrology. The 
Wisconsin ice age affected the region and provided a basis for most of 
the distinguishing features of the proposed viticultural area, 
specifically topography, soils, and hydrology.

Geology

    The petitioner explains that a significant event in the geologic 
history of the proposed Upper Mississippi River Valley viticultural 
area was the impact of the massive Wisconsin Glacier during the 
Wisconsin ice age. The glacier, which had lobes in Minnesota and Iowa, 
started melting 15,000 years ago and retreated northward toward Canada. 
The resulting glacial water flows combined with the Glacial St. Croix 
River and drained Glacial Lake Duluth, known now as Lake Superior. The 
relatively sediment-free drainage of Glacial Lake Duluth helped carve 
the Upper Mississippi River Valley channel to a depth of about 250 
meters, or 820 feet. Eventually, alluvial deposits started refilling 
the river channel, beginning a process that has continued into modern 
times.
    According to the petitioner, the development of the Upper 
Mississippi River impacted the regional topography and landforms. The 
tributary valleys include terraces, older flood plain deposits, and 
entrenched and hanging meanders (streams). These features show the 
complexity of the alluvial history and river development associated 
with glacial melting and drainage diversions.
    The petitioner states that surface materials, especially along the 
Paleozoic Plateau, date to 100,000 years in age. The younger materials 
that are outside the proposed boundary and that are largely the result 
of glacial erosion and glacial till date to 10,000 years in age, or 
90,000 years younger than the surface materials on the Paleozoic 
Plateau.
    The petitioner explains that streams in the proposed Upper 
Mississippi River Valley viticultural area cut deep dissections through 
the inclined landforms and exposed Paleozoic rock. The exposed rock, 
which varies in age from 350 to 600 million years old, is predominantly 
dolomite, limestone, and sandstone.

Topography

    The Driftless Area of the Upper Mississippi River Valley has a 
unique

[[Page 46846]]

topography and subsurface structure because a direct glacial incursion 
did not occur in that area during the most recent Wisconsin ice age, 
the petitioner explains. Consequently, the topography does not have 
substantial amounts of materials deposited by glaciers. The petitioner 
notes that the proposed boundary divides the rugged, dissected, 
bedrock-controlled landscapes within the Upper Mississippi River Valley 
from the gently rolling landscapes that have lower relief and 
glaciated, erosional surfaces and that are outside the valley.
    Bedrock control in the proposed area, the petitioner explains, 
refers to the entrenched valleys and karst that constitute an 
integrated drainage network. The karst topography of the proposed 
viticultural area includes underground caves, sinkholes, springs, and 
subsurface caverns. According to the petitioner, rivers and underground 
water flows are general features throughout the proposed Upper 
Mississippi River Valley viticultural area, which has none of the 
natural lakes that direct glacial movement normally creates. Outside 
the boundary of the proposed Upper Mississippi River Valley 
viticultural area, the petitioner continues, the topography consists of 
unconsolidated, heavily dissected soil material along substantial 
deposits of glacial materials on smooth, rolling hills.
    The elevations of the Upper Mississippi River Valley viticultural 
area, the petitioner states, range from 660 feet on valley floors to 
1,310 feet on high ridges. Outside the boundary of the proposed 
viticultural area, elevations average 250 feet higher to the northwest 
and 165 feet lower to the southeast.
    The petitioner explains that north of the boundary of the proposed 
Upper Mississippi River Valley viticultural area, loess covers the 
level-to-rolling till plains. Elevations change little on the plains.
    East of the boundary of the proposed Upper Mississippi River Valley 
viticultural area, the landscape is dominated by a glaciated plain that 
has belts of morainic hills, ridges, and washout terraces. (TTB notes 
that morainic hills are accumulations of soil and stones that glacial 
activity has left.) Also, elevations generally vary several feet, 
except for the 80- to 330-foot-high moraines, drumlins, and bedrock 
escarpments.
    South of the boundary of the proposed Upper Mississippi River 
Valley viticultural area are rolling, hilly, loess-covered plains and 
some broad, level uplands in the southwest region. Elevations there 
also generally vary by only several feet, except on the upland flats, 
where elevation changes up to 200 feet.
    West of the boundary of the proposed Upper Mississippi River Valley 
viticultural area the landscape is a nearly level to gently sloping 
till plain. Elevations generally vary by several feet.

Soils

    The soils common to the proposed Upper Mississippi River Valley 
viticultural area, the petitioner states, are stony or rocky soils on 
steep slopes. The petitioner provides comparative soil data for the 
proposed viticultural area and the surrounding regions. The data, which 
show differences and similarities of the soils, are listed in the table 
below.

       Differences and Similarities of the Soils Within and Outside of the Upper Mississippi River Valley
----------------------------------------------------------------------------------------------------------------
                                                                    Temperature and      Mineralogy, soil depth,
              Location *                Dominant soil  orders      moisture  regimes       drainage, and texture
----------------------------------------------------------------------------------------------------------------
Within...............................  Alfisols, Entisols, and  Mesic, Udic............  Mixed mineralogy;
                                        Mollisols.                                        moderately deep to
                                                                                          very deep; well
                                                                                          drained or moderately
                                                                                          well drained; loamy
                                                                                          with little clay.
North Outside........................  Entisols, Alfisols,      Frigid, Udic...........  Mixed mineralogy;
                                        Histosols, Spodosols,                             moderately deep to
                                        and Inceptisols.                                  very deep; well
                                                                                          drained to poorly
                                                                                          drained; sandy to
                                                                                          loamy.
East Outside.........................  Alfisols, Histosols,     Mesic, Udic............  Mixed mineralogy; very
                                        and Mollisols.                                    deep; well drained to
                                                                                          poorly drained; silty,
                                                                                          loamy, or clayey.
South Outside........................  Mollisols, Alfisols,     Mesic, Udic............  Mixed mineralogy; very
                                        Entisols, and                                     deep; well drained to
                                        Inceptisols.                                      poorly drained; loamy.
West Outside.........................  Mollisols and Alfisols.  Mesic, Udic............  Mixed mineralogy; very
                                                                                          deep; well drained to
                                                                                          very poorly drained;
                                                                                          loamy.
----------------------------------------------------------------------------------------------------------------
* In relation to the proposed Upper Mississippi River Valley viticultural area.

    The petitioner explains that within the boundary of the proposed 
Upper Mississippi River Valley viticultural area, Argiudolls (Tama, 
Dodgeville, Richwood, and Dakota series) and Hapludolls (Muscatine 
series) are on nearly level to gently sloping benches and broad ridge 
tops. Hapludolls (Frontenac, Broadale, and Bellechester series) are on 
steep slopes bordering major valleys. Well drained Udifluvents 
(Dorchester, Chaseburg, and Arenzville series) are along stream 
bottoms. Quartzipsamments (Boone series) are on steep slopes. Also, 
Udipsamments (Plainfield and Gotham series) are on nearly level stream 
benches.
    Overall, the soils on steep hills and ridges and those formed in 
comparatively thinner glacial till within the proposed viticultural 
area have good natural drainage for grapes. Although they have much 
clay, generally they have access to water and in numerous areas are on 
south-facing slopes, creating microclimates beneficial to grapes. The 
soils outside the proposed boundary generally formed in deeply 
dissected, thicker glacial drift and alluvium over unconsolidated 
materials on smooth, gently rolling landscapes. After precipitation 
they require tile drainage because of glacial pools and the generally 
lower relief.

Climate

    The petitioner states that steep slopes, bluffs, numerous rock 
outcrops, waterfalls and rapids, sinkholes, springs, and entrenched 
stream valleys combine to create multiple microclimates within the 
proposed Upper Mississippi River Valley viticultural area. Also, the 
combination of microclimates and diverse settings supports varied flora 
and fauna communities not found outside the boundary of the proposed 
viticultural area.
    The petitioner provides temperature and precipitation data for the 
proposed Upper Mississippi River Valley viticultural area and its 
surrounding regions. Those climatic differences are presented in the 
table below.

[[Page 46847]]



           Temperature and Precipitation for Within and Outside of the Upper Mississippi River Valley
----------------------------------------------------------------------------------------------------------------
                                                                                              Amount of  annual
                                     Annual average     Annual average     Annual average          average
            Location *             temperature range  frost-free period    precipitation        precipitation
                                        (degrees            (days)            (inches)       received during the
                                      Fahrenheit)                                              growing season
----------------------------------------------------------------------------------------------------------------
Within...........................              42-50            145-205              30-38  \2/3\ or more.
North Outside....................              40-46            135-180              27-33  Most.
East Outside.....................              43-48            150-190              30-38  Most.
South Outside....................              46-51            170-205              33-38  Most.
West Outside.....................              44-50            160-195              29-37  More than \2/3\.
----------------------------------------------------------------------------------------------------------------
* In relation to the proposed Upper Mississippi River Valley viticultural area.

    According to petition data, the proposed Upper Mississippi River 
Valley viticultural area has, on average, a warmer annual temperature 
range than that of the surrounding locations to the north and east. In 
the areas to south and west, the annual average temperature range is 
several degrees higher than that in the proposed viticultural area.
    The annual average frost-free period within the proposed Upper 
Mississippi River Valley viticultural area is longer than that in the 
area to the north and shorter than that in the area to the south, 
according to petition data. The range of the annual frost-free period 
in the proposed viticultural area is greater than in the neighboring 
areas to the east and west.
    The petition data show the precipitation range of the proposed 
Upper Mississippi River Valley viticultural area as compared to that in 
the surrounding areas. The annual average precipitation range is higher 
in the proposed Upper Mississippi River Valley viticultural area than 
in the area to its north. The areas to the south, west, and east 
receive approximately the same annual average precipitation, in the 
same pattern, as the proposed viticultural area. The precipitation 
during the growing season is greater in the areas to the north, south, 
and east than in the proposed viticultural area, and approximately the 
same in the area to the west of the proposed viticultural area.

Hydrology

    The petitioner provides hydrological data that show the growing 
conditions, including the relationship between the soils and the 
hydrological characteristics of the proposed Upper Mississippi River 
Valley viticultural area and its surrounding regions. The hydrological 
data are presented in the table below.

   Hydrological Data and Drainage Needed for Crop Production Within and Outside of the Upper Mississippi River
                                                     Valley
----------------------------------------------------------------------------------------------------------------
                                                                                              Soils and crop
              Location *                     Ground water           Other resources             production
----------------------------------------------------------------------------------------------------------------
Within...............................  Abundant in valleys and  Use of springs,          Minimal need for a tile
                                        variable on uplands.     streams, and farm        drainage system in
                                                                 ponds, and extensive     soils.
                                                                 use of bedrock
                                                                 aquifers.
Outside North........................  Abundant in deep         Lakes and streams......  Artificial drainage
                                        glacial drift                                     required for soils on
                                        deposits, but scarce                              lowlands.
                                        in thin ones.
Outside East.........................  Abundant in areas        Inland lakes, streams,   Artificial drainage
                                        underlain by drift.      and sandstone and        required for fine-
                                                                 limestone bedrock        textured soils with
                                                                 formations below the     poor drainage.
                                                                 glacial drift.
Outside South........................  Abundant in areas of     Perennial streams and    Favorable precipitation
                                        glacial drift.           the Mississippi River.   pattern; drainage not
                                                                                          required.
Outside West.........................  Adequate...............  Extensive use of         Artificial drainage
                                                                 bedrock aquifers.        required for the
                                                                                          seasonal high water
                                                                                          table.
----------------------------------------------------------------------------------------------------------------
* In relation to the proposed Upper Mississippi River Valley viticultural area.

    In most years the moderate precipitation of the proposed Upper 
Mississippi River Valley viticultural area, the petitioner explains, is 
usually adequate for both the human population and agriculture. Ground 
water, the petitioner states, remains abundant in outwash deposits of 
valleys, but on uplands it varies in quantity. Bedrock aquifers also 
provide extensive ground water resources within the proposed 
viticultural area and in the area to its west.

TTB Determination

    TTB concludes that this petition to establish the 29,914-square-
mile Upper Mississippi River Valley American viticultural area merits 
consideration and public comment as invited in this notice.

Boundary Description

    See the narrative boundary description of the petitioned-for 
viticultural area in the proposed regulatory text published at the end 
of this notice.

Maps

    The petitioner provided the required maps, and we list them 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. If we establish this proposed viticultural area, its 
name, ``Upper Mississippi River Valley,'' will be recognized under 27 
CFR 4.39(i)(3) as a name of viticultural significance. The text of the 
proposed regulation clarifies this point.

[[Page 46848]]

Consequently, wine bottlers using ``Upper Mississippi River Valley'' in 
a brand name, including a trademark, or in another label reference as 
to the origin of the wine, will have to ensure that the product is 
eligible to use the viticultural area's name as an appellation of 
origin.
    For a wine to be eligible to use a viticultural area name as an 
appellation of origin or a term of viticultural significance in a brand 
name, 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 to use the viticultural area name as an appellation of 
origin and that name or other term of viticultural significance 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 term of viticultural 
significance appears in another reference on the label in a misleading 
manner, the bottler would have to obtain approval of a new label. 
Accordingly, if a previously approved label uses the name ``Upper 
Mississippi River Valley'' for a wine that does not meet the 85 percent 
standard, the previously approved label will be subject to revocation 
upon the effective date of the approval of the Upper Mississippi River 
Valley viticultural area.
    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.

Public Participation

Comments Invited

    We invite comments from interested members of the public on whether 
we should establish the proposed viticultural area. We are interested 
in receiving comments on the sufficiency and accuracy of the name, 
climatic, boundary, 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 Upper Mississippi River Valley viticultural area on wine 
labels that include the words ``Upper Mississippi River Valley'' as 
discussed above under Impact on Current Wine Labels, we are 
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. We are 
particularly interested in any comments on whether the evidence 
regarding name and distinguishing geographical features is sufficient 
to warrant the establishment of this new viticultural area that 
entirely encompasses the existing Lake Wisconsin viticultural area. We 
are 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 two methods:
    <bullet> Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this notice within Docket No. TTB-2008-
0007 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under 
Notice No. 88 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 ``User Guide'' under ``How 
to Use this Site.''
    <bullet> U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, P.O. Box 14412, Washington, DC 20044-4412.
    Please submit your comments by the closing date shown above in this 
notice. Your comments must reference Notice No. 88 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.
    If you are commenting on behalf of an association, 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

    We will post, and you may view, copies of this notice, selected 
supporting materials, and any online or mailed comments we receive 
about this proposal within Docket No. TTB-2008-0007 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. 88. You may 
also reach the relevant docket through the Regulations.gov search page 
at http://www.regulations.gov. For instructions on how to use 
Regulations.gov, visit the site and click on ``User Guide'' under ``How 
to Use this Site.''
    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 e-mail addresses. We may omit voluminous 
attachments or material that we consider unsuitable for posting.
    You also may view copies of this notice, all related petitions, 
maps and other supporting materials, and any electronic or mailed 
comments we receive about this proposal by appointment at the TTB 
Information Resource Center, 1310 G Street, NW., Washington, DC 20220. 
You may also obtain copies at 20 cents per 8.5- x 11-inch page. Contact 
our information specialist at the above address or by telephone at 202-
927-2400 to schedule an appointment or to request copies of comments or 
other materials.

Regulatory Flexibility Act

    We certify 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.

[[Page 46849]]

Therefore, no regulatory flexibility analysis is required.

Executive Order 12866

    This proposed rule is not a significant regulatory action as 
defined by Executive Order 12866. Therefore, it requires no regulatory 
assessment.

Drafting Information

    N.A. Sutton of the Regulations and Rulings Division drafted this 
notice.

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 1, 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. Amend subpart C by adding Sec.  9.------ to read as follows:


Sec.  9.------  Upper Mississippi River Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Upper Mississippi River Valley''. For purposes of part 4 
of this chapter, ``Upper Mississippi River Valley'' is a term of 
viticultural significance.
    (b) Approved maps. The six United States Geological Survey 
topographic maps used to determine the boundary of the Upper 
Mississippi River Valley viticultural area are titled:
    (1) State of Minnesota, scale 1:500,000; compiled in 1963; edition 
of 1985;
    (2) State of Wisconsin, scale 1:500,000; compiled in 1966; edition 
of 1984;
    (3) State of Illinois, scale 1:500,000; compiled in 1970; edition 
of 1987;
    (4) State of Iowa, scale 1:500,000; compiled in 1965; edition of 
1984;
    (5) Anamosa, Iowa, 1:100,000 scale; edited 1984; and
    (6) Marshalltown, Iowa, 1:100,000 scale; edited 1984.
    (c) Boundary. The Upper Mississippi River Valley viticultural area 
is located in portions of southeast Minnesota, southwest Wisconsin, 
northwest Illinois, and northeast Iowa. The boundary of the Upper 
Mississippi River Valley viticultural area is as described below:
    (1) The beginning point is on the State of Minnesota map at the 
intersection of Interstate Highways 94 and 494 (beltway), east of St. 
Paul at Oakbury in Washington County. From the beginning point, proceed 
east on Interstate 94, crossing over Lake St. Croix and onto the State 
of Wisconsin map at St. Croix County, and then continuing through Dunn 
County to Eau Claire County, to the intersection of Interstate Highway 
94 with Wisconsin State Highway 85, southwest of the City of Eau 
Claire; then
    (2) Proceed northeast on Wisconsin State Highway 85 toward the City 
of Eau Claire to its intersection with U.S. Highway 12; then
    (3) Proceed southeast on U.S. Highway 12 into Jackson County and 
passing through Clark County, to its intersection with Interstate 
Highway 94 at Black River Falls; then
    (4) Proceed southeast on Interstate Highway 94 into Monroe County 
to its intersection with Interstate Highway 90, east of the Fort McCoy 
Military Reservation; then
    (5) Proceed southeast on Interstate Highway 90 through Juneau, 
Sauk, Columbia, Dane, and Rock Counties, crossing onto the State of 
Illinois map at Winnebago County to its intersection with U.S. Highway 
20 at Cherry Valley; then
    (6) Proceed west on U.S. Highway 20 to its intersection with 
Illinois State Highway 2, west of the Rock River; then
    (7) Proceed southwest on Illinois State Highway 2, passing through 
Ogle County and into Lee County, to its intersection with Illinois 
State Highway 26 at Dixon; then
    (8) Proceed south on Illinois State Highway 26 to its intersection 
with Illinois State Highway 5 (which has been redesignated as 
Interstate Highway 88 on contemporary maps of Illinois); then
    (9) Proceed southwest on Illinois State Highway 5 (Interstate 
Highway 88), passing through Whiteside County and into Rock Island 
County, to its intersection with Interstate Highway 80 at Barstow; then
    (10) Proceed generally northwest on Interstate Highway 80, crossing 
the Mississippi River, onto the State of Iowa map at Scott County, and 
continuing west-northwest through Cedar County and into Johnson County 
to the intersection of Interstate Highways 80 and 380 at Tiffin; then
    (11) Proceed north-northwest on Interstate Highway 380 into Linn 
County and Cedar Rapids on the State of Iowa map. Then using the 
Anamosa map, followed by the Marshalltown map, follow Interstate 
Highway 380, labeled ``Under Construction'' on the Anamosa map, 
northwest through Benton and Buchanan Counties to Black Hawk County, to 
its intersection with U.S. Highway 20, southeast of Waterloo and 
Raymond; then
    (12) Using the State of Iowa map, proceed west-northwest on U.S. 
Highway 20 to Waterloo and its intersection with U.S. Highway 63; then
    (13) Proceed north on U.S. Highway 63 through Bremer, Chicksaw, and 
Howard Counties, skirting the Upper Iowa River at Chester, and crossing 
onto the State of Minnesota map at Fillmore County, to its intersection 
with Minnesota State Highway 56; then
    (14) Proceed northwest and northerly on Minnesota State Highway 56 
through Mower, Dodge, and Goodhue Counties to Dakota County, where it 
joins with State Highway 52 on commercial maps, to its intersection 
with the Interstate Highway 494 (beltway), south of St. Paul; then
    (15) Follow Interstate Highway 494 (beltway) northeast into 
Washington County, returning to the beginning point.

    Signed: June 6, 2008.
John J. Manfreda,
Administrator.

    Editorial Note: This document was received in the Office of the 
Federal Register on August 6, 2008.
[FR Doc. E8-18535 Filed 8-11-08; 8:45 am]
BILLING CODE 4810-31-P