[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Rules and Regulations]
[Pages 29395-29401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14574]



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Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules 
and Regulations

[[Page 29395]]



DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2008-0007; T.D. TTB-77; Re: Notice No. 88]
RIN 1513-AB40


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

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

ACTION: Final rule; Treasury decision.

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

SUMMARY: This Treasury decision establishes the 29,914-square mile 
``Upper Mississippi River Valley'' 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.

DATES: Effective Date: July 22, 2009.

FOR FURTHER INFORMATION CONTACT: Karen Welch, Regulations and Rulings 
Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street, NW., 
Washington, DC 20220; phone 202-927-0713.

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 
dispersed 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 documented the use of the Upper Mississippi 
River Valley name in Federal and public Web sources.

[[Page 29396]]

    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 
explained 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 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 http://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 
noted 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 explained.
    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.
------------------------------------------------------------------------


[[Page 29397]]

Regional History
    The petitioner explained 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 explained 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 
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 used 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 explained that how the Mississippi River is divided 
varies among individuals, commercial entities, and public agencies. The 
petitioner noted 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 explained 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 explained 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 explained. The Wisconsin River, which forms Lake 
Wisconsin, is a major tributary of the Upper Mississippi River.
    The petitioner stated 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 asserted 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 explained 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

[[Page 29398]]

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 stated 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 explained 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 topography and subsurface structure because a direct glacial 
incursion did not occur in that area during the most recent Wisconsin 
ice age, the petitioner explained. Consequently, the topography does 
not have substantial amounts of materials deposited by glaciers. The 
petitioner noted 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 explained, 
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 continued, 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 stated, 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 explained 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 stated, are stony or rocky soils on 
steep slopes. The petitioner provided 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,     Mesic, Udic...........  Mixed mineralogy,
                                      and 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 very
                                      and Inceptisols.                                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 explained 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

[[Page 29399]]

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 stated 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 provided 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.

                               Temperature and Precipitation for Within and Outside of the Upper Mississippi River Valley
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    Annual average
                                                  temperature range    Annual average     Annual average       Amount of annual average precipitation
                   Location *                          (degrees      frost-free period    precipitation          received during the growing season
                                                     fahrenheit)           (days)            (inches)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 the 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 provided 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 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 explained, 
is usually adequate for both the human population and agriculture. 
Ground water, the petitioner stated, 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

[[Page 29400]]

viticultural area and in the area to its west.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 88 regarding the proposed Upper 
Mississippi River Valley viticultural area in the Federal Register (73 
FR 46842) on August 12, 2008. In that notice, TTB invited comments by 
October 14, 2008, from all interested persons. We specifically 
solicited comments on the sufficiency and accuracy of the name, 
climatic, boundary, and other required information submitted in support 
of the petition, as well as if the name and distinguishing geographical 
feature evidence is sufficient to warrant this new viticultural area 
that entirely encompasses the existing Lake Wisconsin viticultural 
area. We received one comment in response to Notice No. 88, and that 
comment supported the establishment of the Upper Mississippi River 
Valley viticultural area.

TTB Finding

    After careful review of the petition and the comment received, TTB 
finds that the evidence submitted supports the establishment of the 
proposed viticultural area. Therefore, under the authority of the 
Federal Alcohol Administration Act and part 4 of our regulations, we 
establish the 29,914-square mile ``Upper Mississippi River Valley'' 
viticultural area in portions of southeast Minnesota, southwest 
Wisconsin, northwest Illinois, and northeast Iowa, effective 30 days 
from the publication date of this document.
    As stated above, the proposed Upper Mississippi River Valley AVA 
contains multiple microclimates, and none of the natural lakes that 
direct glacial movement normally creates. The Lake Wisconsin 
viticultural area, established in 1994, contains some geographical 
features similar to those of the proposed AVA, such as annual average 
frost-free period, elevation, and a mean precipitation of 29 inches, 
just 1 inch less than that of the proposed Upper Mississippi River 
Valley AVA. At the same time, the Lake Wisconsin AVA is recognized as 
benefitting from the microclimate effects of the lower Wisconsin River 
Valley. The river moderates winter temperatures and air circulation 
within the river valley and helps prevent cold air accumulation and 
frost pockets from forming in the vineyards. In the summer, the river 
valley and limestone bluffs along the river's edge serve to channel air 
currents and increase air circulation, thus protecting the vineyards 
from mildew and rot in hot, humid weather. Additionally, the Lake 
Wisconsin AVA is recognized as a transitional zone from unglaciated to 
glaciated topography, and the soils within the Lake Wisconsin AVA 
contain some glacial till. Accordingly, although the Lake Wisconsin 
viticultural area shares some of the characteristics of the proposed 
AVA, TTB believes that the differences justify the continued 
recognition of Lake Wisconsin as a distinct viticultural area within 
the proposed Upper Mississippi River Valley viticultural area.

Boundary Description

    See the narrative boundary description of the viticultural area in 
the regulatory text published at the end of this document.

Maps

    The maps for determining the boundary of the viticultural area are 
listed 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 and 
its inclusion in part 9 of the TTB regulations, its name, ``Upper 
Mississippi River Valley,'' is recognized under 27 CFR 4.39(i)(3) as a 
name of viticultural significance. The text of the new regulation 
clarifies this point.
    Once this final rule becomes effective, 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 full 
name 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. 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 establishment 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.

Regulatory Flexibility Act

    We certify that this regulation will not have a significant 
economic impact on a substantial number of small entities. This 
regulation imposes no new reporting, recordkeeping, or other 
administrative requirement. Any benefit derived from the use of a 
viticultural area name is 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 Welch of the Regulations and Rulings Division drafted this 
notice.

List of Subjects in 27 CFR Part 9

    Wine.

The Regulatory Amendment

0
For the reasons discussed in the preamble, we amend 27 CFR, chapter I, 
part 9, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Subpart C is amended by adding Sec.  9.216 to read as follows:


Sec.  9.216   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.

[[Page 29401]]

    (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 U.S. Highway 12; then
    (3) Proceed southeast on U.S. Highway 12 into Jackson County and 
passing through Clark County, to Interstate Highway 94 at Black River 
Falls; then
    (4) Proceed southeast on Interstate Highway 94 into Monroe County 
to 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 U.S. Highway 20 at Cherry Valley; 
then
    (6) Proceed west on U.S. Highway 20 to 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 Illinois State Highway 26 at Dixon; 
then
    (8) Proceed south on Illinois State Highway 26 to 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 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 
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 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 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 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: April 6, 2009.
John J. Manfreda,
Administrator.
    Approved: May 3, 2009.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. E9-14574 Filed 6-19-09; 8:45 am]
BILLING CODE 4810-31-P