Federal Register - August 25, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 162 / Wednesday, August 25, 2021 / Rules and Regulations
0.2 mile to its intersection with the western boundary of Section 21, T18S/
R6E.
16 Then follow a straight line southsouthwest for 0.3 mile to the intersection of Clark Road and the southern boundary of Section 21, T18S/
R6E.
17 Then follow Clark Road westsouthwest for 0.2 mile to its intersection with an unnamed, light-duty road.
Signed: May 24, 2021.
Mary G. Ryan, Administrator.
Approved: May 28, 2021.
Timothy E. Skud, Deputy Assistant Secretary Tax, Trade, and Tariff Policy.
FR Doc. 202118208 Filed 82421; 8:45 am BILLING CODE 481031P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau 27 CFR Part 9
Docket No. TTB20200010; T.D. TTB173;
Ref: Notice No. 195
RIN 1513AC71
Establishment of the Virginia Peninsula Viticultural Area Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax and Trade Bureau TTB establishes the 673,059-acre Virginia Peninsula viticultural area AVA in southeastern Virginia. The Virginia Peninsula viticultural area is not located within, nor does it contain, any other established viticultural area. TTB
designates viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase.
DATES: This final rule is effective September 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005;
phone 2024531039, ext. 175.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background on Viticultural Areas TTB Authority Section 105e of the Federal Alcohol Administration Act FAA Act, 27
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U.S.C. 205e, authorizes the Secretary of the Treasury to prescribe regulations for the labeling of wine, distilled spirits, and malt beverages. The FAA Act provides that these regulations should, among other things, prohibit consumer deception and the use of misleading statements on labels and ensure that labels provide the consumer with adequate information as to the identity and quality of the product. The Alcohol and Tobacco Tax and Trade Bureau TTB administers the FAA Act pursuant to section 1111d of the Homeland Security Act of 2002, codified at 6 U.S.C. 531d. The Secretary has delegated the functions and duties in the administration and enforcement of these provisions to the TTB Administrator through Treasury Order 12001, dated December 10, 2013
superseding Treasury Order 12001, dated January 24, 2003.
Part 4 of the TTB regulations 27 CFR
part 4 authorizes TTB to establish definitive viticultural areas and regulate the use of their names as appellations of origin on wine labels and in wine advertisements. Part 9 of the TTB
regulations 27 CFR part 9 sets forth standards for the preparation and submission to TTB of petitions for the establishment or modification of American viticultural areas AVAs and lists the approved AVAs.
Definition Section 4.25e1i of the TTB
regulations 27 CFR 4.25e1i defines a viticultural area for American wine as a delimited grape-growing region having distinguishing features as described in part 9 of the regulations and, once approved, a name and a delineated boundary codified in part 9 of the regulations. These designations allow vintners and consumers to attribute a given quality, reputation, or other characteristic of a wine made from grapes grown in an area to the wines geographic origin. The establishment of AVAs allows vintners to describe more accurately the origin of their wines to consumers and helps consumers to identify wines they may purchase.
Establishment of an AVA is neither an approval nor an endorsement by TTB of the wine produced in that area.
Requirements Section 4.25e2 of the TTB
regulations 27 CFR 4.25e2 outlines the procedure for proposing an AVA
and allows any interested party to petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations 27 CFR 9.12
prescribes standards for petitions to establish or modify AVAs. Petitions to
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establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of the proposed AVA;
A narrative description of the features of the proposed AVA affecting viticulture, such as climate, geology, soils, physical features, and elevation, that make the proposed AVA distinctive and distinguish it from adjacent areas outside the proposed AVA boundary;
The appropriate United States Geological Survey USGS maps showing the location of the proposed AVA, with the boundary of the proposed AVA clearly drawn thereon;
and A detailed narrative description of the proposed AVA boundary based on USGS map markings.
Virginia Peninsula AVA Petition TTB received a petition from the Williamsburg Winery proposing the establishment of the Virginia Peninsula AVA in southeastern Virginia. The proposed AVA covers 673,059 acres and includes the counties of James City, York, New Kent, and Charles City, as well as the independent cities of Poquoson, Hampton, Newport News, and Williamsburg. The proposed Virginia Peninsula is not located within any other AVA. At the time the petition was submitted, the proposed AVA
contained five commercial vineyards covering a total of approximately 112
acres. The petition states that vineyard owners plan to plant an additional 61
acres of vineyards in the next few years.
There are also five wineries within the proposed AVA. The petition identifies the distinguishing features of the proposed Virginia Peninsula AVA as its geology and climate.
The proposed Virginia Peninsula AVA, along with the regions to the north and south, is located on the Atlantic Coastal Plain, a region of low topographic relief with elevations ranging from sea level to approximately 250 feet. The York River, along with the Pamunkey River that feeds it, forms the northern boundary of the proposed AVA, and the James River forms the southern boundary. The Atlantic Coastal Plain is underlain by Cenozoic-era sand, mud, and gravel that were deposited during periods of higher sea levels.
According to the petition, the geological formations of the proposed AVA are ideal for viticulture, as the bedrock tends to be fractured, allowing for greater root depth and greater rainfall
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