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 permeability. To the east of the proposed AVA is the Atlantic Ocean. To the west of the proposed AVA are the Hopewell fault and the Atlantic Seaboard Fall Line, which mark the beginning of the Piedmont and Blue Ridge regions of Virginia. The geology of these regions to the west consists of igneous and metamorphic rock, including granite and gneiss. The bedrock is less porous and less fractured than the bedrock of the proposed AVA.
As a result, neither grapevine roots nor rain can penetrate as deeply as within the more fractured bedrock of the proposed AVA.
The proposed Virginia Peninsula AVA is characterized by a humid subtropical climate, with long, humid summers and moderate to mild winters.
Average growing season temperatures within the proposed AVA range from an average low of 65 degrees Fahrenheit F
to an average high of 84 degrees F. The average maximum high temperature is 100 degrees F, while the average minimum low temperature is 35 degrees F. The proposed AVA averages 57 days with temperatures over 90 degrees F and 2.6 days with temperatures over 100
degrees F. According to the petition, temperatures above 90 degrees F reduce photosynthesis in grapevines. Because photosynthesis is the process which produces sugar, reduced photosynthesis rates would require fruit to hang longer to achieve optimal sugar levels. The longer hang time increases the risk of disease or animals destroying a crop before it can be harvested.
The regions to the north and south of the proposed AVA have lower average growing season high temperatures, lower average growing season low temperatures, and lower average maximum high temperatures than the proposed AVA. Average minimum low growing season temperatures to the north are lower than within the proposed Virginia Peninsula AVA, while average minimum low growing season temperatures to the south are the same as within the proposed AVA. The regions to the north and south both have significantly fewer days with temperatures over 90 degrees F than the proposed AVA, and neither region has any days with temperatures over 100
degrees. The petition did not include temperature information for the region to the west of the proposed AVA.
According to the petition, the proposed Virginia Peninsula receives an average of 40.4 inches of rain a year, with an average of 7 inches occurring during the harvest season period of August 21 to November 8. During the harvest period, the proposed AVA has an average of 21 days with rain, and an
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average of 4.8 days with over 12 inch of rain. The average annual and growing season rainfall amounts of the proposed AVA are higher than the amounts for the region to the north and less than the amounts for the region to the south. The proposed AVA also has more average harvest days with rain and more average harvest days with over 12 inch of rain than the region to the north, and fewer average harvest days with rain and fewer average harvest days with over 12
inch of rain than the region to the south.
The petition did not include rainfall information from the region to the west of the proposed AVA. According to the petition, frequent rainfall during the harvest season, particularly daily amounts over 12 inch, can cause ripening fruits to split and can dilute flavors. The high growing season temperatures combined with frequent rainfall during the typical harvest season mean that vineyard managers within the proposed Virginia Peninsula AVA frequently face the decision whether to pick grapes before theyve reached peak ripeness, or to let the fruit continue to ripen but potentially spoil.
Notice of Proposed Rulemaking and Comments Received TTB published Notice No. 195 in the Federal Register on October 1, 2020 85
FR 61895, proposing to establish the Virginia Peninsula AVA. In the notice, TTB summarized the evidence from the petition regarding the name, boundary, and distinguishing features for the proposed AVA. The notice also compared the distinguishing features of the proposed AVA to the surrounding areas. For a detailed description of the evidence relating to the name, boundary, and distinguishing features of the proposed AVA, and for a detailed comparison of the distinguishing features of the proposed AVA to the surrounding areas, see Notice No. 195.
In Notice No. 195, TTB solicited comments on the accuracy of the name, boundary, and other required information submitted in support of the petition. The comment period closed on November 30, 2020. TTB did not receive any comments in response to Notice No.
195.
TTB Determination After careful review of the petition, TTB finds that the evidence provided by the petitioner supports the establishment of the Virginia Peninsula AVA. Accordingly, under the authority of the FAA Act, section 1111d of the Homeland Security Act of 2002, and parts 4 and 9 of the TTB regulations, TTB establishes the Virginia Peninsula AVA in southeastern
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Virginia, effective 30 days from the publication date of this document.
Boundary Description See the narrative description of the boundary of the Virginia Peninsula AVA
in the regulatory text published at the end of this final rule.
Maps The petitioner provided the required maps, and they are listed below in the regulatory text. The Virginia Peninsula AVA boundary may also be viewed on the AVA Map Explorer on the TTB
website, at https www.ttb.gov/wine/
ava-map-explorer.
Impact on Current Wine Labels Part 4 of the TTB regulations prohibits any label reference on a wine that indicates or implies an origin other than the wines true place of origin. For a wine to be labeled with an AVA name or with a brand name that includes an AVA name, at least 85 percent of the wine must be derived from grapes grown within the area represented by that name, and the wine must meet the other conditions listed in 27 CFR
4.25e3. If the wine is not eligible for labeling with an AVA name and that name appears in the brand name, then the label is not in compliance and the bottler must change the brand name and obtain approval of a new label.
Similarly, if the AVA name appears in another reference on the label in a misleading manner, the bottler would have to obtain approval of a new label.
Different rules apply if a wine has a brand name containing an AVA name that was used as a brand name on a label approved before July 7, 1986. See 27 CFR 4.39i2 for details.
With the establishment of the Virginia Peninsula AVA, its name, Virginia Peninsula, will be recognized as a name of viticultural significance under 4.39i3 of the TTB regulations 27
CFR 4.39i3. The text of the regulations clarifies this point.
Consequently, wine bottlers using the name Virginia Peninsula in a brand name, including a trademark, or in another label reference to the origin of the wine, will have to ensure that the product is eligible to use the AVA name as an appellation of origin.
The establishment of the Virginia Peninsula AVA will not affect any existing AVA. The establishment of the Virginia Peninsula AVA will allow vintners to use Virginia Peninsula as an appellation of origin for wines made primarily from grapes grown within the Virginia Peninsula AVA if the wines meet the eligibility requirements for the appellation.
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