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Rules and Regulations Federal Register

29395 

Vol. 74, No. 118 

Monday, June 22, 2009 

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 grapegrowing region as a viticultural area. 

Section 9.3(b) of the TTB regulations 

requires the petition to include— 

• Evidence that the proposed 

viticultural area is locally and/or 

nationally known by the name specified 

in the petition; 

• Historical or current evidence that 

supports setting the boundary of the 

proposed viticultural area as the 

petition specifies; 

• Evidence relating to the 

geographical features, such as climate, 

soils, elevation, and physical features, 

that distinguish the proposed 

viticultural area from surrounding areas; 

• A description of the specific 

boundary of the proposed viticultural 

area, based on features found on United 

States Geological Survey (USGS) maps; 

and 

• 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. 


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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. 


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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 coldresistant 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 steepsided 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 


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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

Location * Dominant soil orders Temperature and moisture 

regimes Mineralogy, soil depth, drainage, and texture 

Within ................................... Alfisols, Entisols, and 

Mollisols.

Mesic, Udic ........................ Mixed mineralogy, moderately deep to very deep; well 

drained or moderately well drained; loamy with little 

clay. 

North Outside ...................... Entisols, Alfisols, Histosols, 

Spodosols, and 

Inceptisols.

Frigid, Udic ........................ Mixed mineralogy; ≤moderately deep to very deep; 

well drained to poorly drained; sandy to loamy. 

East Outside ........................ Alfisols, Histosols, and 

Mollisols.

Mesic, Udic ........................ Mixed mineralogy; very deep; well drained to poorly 

drained; silty, loamy, or clayey. 

South Outside ...................... Mollisols, Alfisols, Entisols, 

and Inceptisols.

Mesic, Udic ........................ Mixed mineralogy; very deep; well drained to 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 


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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

Location * 

Annual average 

temperature range 

(degrees 

fahrenheit) 

Annual average 

frost-free period 

(days) 

Annual average 

precipitation 

(inches) 

Amount of annual 

average precipitation 

received during the 

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 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

Location* Ground water Other resources Soils and crop production 

Within ............................................. Abundant in valleys and variable 

on uplands.

Use of springs, streams, and farm 

ponds, and extensive use of 

bedrock aquifers.

Minimal need for a tile drainage 

system in soils. 

Outside North ................................. Abundant in deep glacial drift deposits, but scarce in thin ones.Lakes and streams ....................... Artificial drainage required for 

soils on lowlands. 

Outside East .................................. Abundant in areas underlain by 

drift.

Inland lakes, streams, and sandstone and limestone bedrock 

formations below the glacial 

drift.

Artificial drainage required for 

fine-textured soils with poor 

drainage. 

Outside South ................................ Abundant in areas of glacial drift Perennial streams and the Mississippi River.Favorable precipitation pattern; 

drainage not required. 

Outside West ................................. Adequate ...................................... Extensive use of bedrock aquifers Artificial drainage 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 


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29400 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Rules and Regulations 

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 

■ For the reasons discussed in the 

preamble, we amend 27 CFR, chapter I, 

part 9, as follows: 

PART 9—AMERICAN VITICULTURAL 

AREAS 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 27 U.S.C. 205. 

Subpart C—Approved American 

Viticultural Areas 

■ 2. Subpart C is amended by adding 

§ 9.216 to read as follows: 

§ 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. 


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

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Parts 40, 41, 44, and 45 

[Docket No. TTB–2009–0002; T.D. TTB–78; 

Re: Notice No. 95] 

RIN 1513–AB72 

Implementation of Statutory 

Amendments Requiring the 

Qualification of Manufacturers and 

Importers of Processed Tobacco and 

Other Amendments Related to Permit 

Requirements, and the Expanded 

Definition of Roll-Your-Own Tobacco 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Temporary rule; Treasury 

decision. 

SUMMARY: This temporary rule amends 

the Alcohol and Tobacco Tax and Trade 

Bureau regulations to implement certain 

changes made to the Internal Revenue 

Code of 1986 by the Children’s Health 

Insurance Program Reauthorization Act 

of 2009. The principal changes involve 

permit and related requirements for 

manufacturers and importers of 

processed tobacco and an expansion of 

the definition of roll-your-own tobacco. 

We also are soliciting comments from 

all interested parties on these 

amendments through a notice of 

proposed rulemaking published 

elsewhere in this issue of the Federal 

Register. 

DATES: Effective Dates: This temporary 

rule is effective June 22, 2009, through 

June 22, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Amy R. Greenberg, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau (202–927–8210). 

SUPPLEMENTARY INFORMATION: 

TTB Authority 

Chapter 52 of the Internal Revenue 

Code of 1986 (IRC) sets forth the Federal 

excise tax and related provisions that 

apply to manufacturers and importers of 

tobacco products and cigarette papers 

and tubes and to export warehouse 

proprietors who hold such products, 

upon which tax has not been paid, 

pending export. Section 5702(c) of the 

IRC (26 U.S.C. 5702(c)) defines tobacco 

products as cigars, cigarettes, smokeless 

tobacco, pipe tobacco, and roll-yourown tobacco. Each of these terms is also 

separately defined in section 5702. 

Sections 5712 and 5713 of the IRC (26 

U.S.C. 5712 and 5713) require 

manufacturers and importers of tobacco 

products and export warehouse 


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