Rule2021-18209
Establishment of the Virginia Peninsula Viticultural Area
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 25, 2021
Effective
September 24, 2021
Issuing agencies
Treasury DepartmentAlcohol and Tobacco Tax and Trade Bureau
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 162 (Wednesday, August 25, 2021)</title>
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[Federal Register Volume 86, Number 162 (Wednesday, August 25, 2021)]
[Rules and Regulations]
[Pages 47380-47382]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18209]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2020-0010; T.D. TTB-173; Ref: Notice No. 195]
RIN 1513-AC71
Establishment of the Virginia Peninsula Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: 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 202-453-1039, ext. 175.
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 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 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated the functions
and duties in the administration and enforcement of these provisions to
the TTB Administrator through Treasury Order 120-01, dated December 10,
2013 (superseding Treasury Order 120-01, 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 4.25(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 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
wine's 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 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and allows any interested
party to petition TTB to establish a grape-growing 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 establish an
AVA must include the following:
<bullet> Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
<bullet> An explanation of the basis for defining the boundary of
the proposed AVA;
<bullet> 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;
<bullet> The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon; and
<bullet> 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
[[Page 47381]]
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 average of 4.8 days with over \1/2\ 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
\1/2\ inch of rain than the region to the north, and fewer average
harvest days with rain and fewer average harvest days with over \1/2\
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 \1/2\ 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 they've
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
1111(d) of the Homeland Security Act of 2002, and parts 4 and 9 of the
TTB regulations, TTB establishes the ``Virginia Peninsula'' AVA in
southeastern 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 <a href="https://www.ttb.gov/wine/ava-map-explorer">https://www.ttb.gov/wine/ava-map-explorer</a>.
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. 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
4.25(e)(3). 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 4.39(i)(2) for details.
With the establishment of the Virginia Peninsula AVA, its name,
``Virginia Peninsula,'' will be recognized as a name of viticultural
significance under Sec. 4.39(i)(3) of the TTB regulations (27 CFR
4.39(i)(3)). 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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Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of an AVA
name would be 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
It has been determined that this final rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, 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. Add Sec. 9.279 to subpart C to read as follows:
Sec. 9.279 Virginia Peninsula AVA.
(a) Name. The name of the viticultural area described in this
section is ``Virginia Peninsula''. For purposes of part 4 of this
chapter, ``Virginia Peninsula'' is a term of viticultural significance.
(b) Approved maps. The 5 United States Geological Survey (USGS)
1:100,000 scale topographic maps used to determine the boundary of the
Virginia Peninsula viticultural area are titled:
(1) Norfolk, Virginia-North Carolina; 1985;
(2) Petersburg, Virginia, 1984;
(3) Richmond, Virginia, 1984;
(4) Tappahannock, Virginia-Maryland; 1984; and
(5) Williamsburg, Virginia, 1984.
(c) Boundary. The Virginia Peninsula viticultural area is located
in James City, York, New Kent, and Charles City Counties, Virginia, as
well as the independent Virginia cities of Poquoson, Hampton, Newport
News, and Williamsburg. The boundary of the Virginia Peninsula
viticultural area is as described below:
(1) The beginning point is on the Norfolk, Virginia-North Carolina
map at the intersection of the Newport News City boundary and the James
River Bridge. From the beginning point, proceed northwesterly along the
Newport News City boundary to the point in the James River where the
city boundary becomes concurrent with the James City County boundary;
then
(2) Proceed northwesterly along the James City County boundary to
the point where it becomes concurrent with the Charles City County
boundary; then
(3) Proceed along the Charles City County boundary, crossing onto
the Petersburg, Virginia, map and continuing along the Charles City
County boundary to the point where it intersects the Henrico County
boundary at Turkey Island Creek; then
(4) Proceed north-northeasterly along the concurrent Henrico
County-Charles City County boundary to its intersection with the
Chickahominy River, which is concurrent with the New Kent County
boundary; then
(5) Proceed northwesterly along the Chickahominy River-New Kent
County boundary, crossing onto the Richmond, Virginia, map to its
intersection with the Hanover County boundary; then
(6) Proceed northeasterly along the Hanover County-New Kent County
boundary to its intersection with the King William County boundary at
the Pamunkey River; then
(7) Proceed southeasterly along the King William County-New Kent
County boundary, crossing onto the Tappahannock, Virginia-Maryland map,
to the intersection of the concurrent county boundary with the York
River; then
(8) Proceed southeasterly along the York River, crossing onto the
Williamsburg, Virginia map, to the intersection of the river with the
Chesapeake Bay north of Tue Point; then
(9) Proceed southeast in a straight line to the shoreline of Marsh
Point; then
(10) Proceed southeasterly, then southwesterly along the shoreline
to the Hampton Roads Bridge-Tunnel; then
(11) Proceed southwest in a straight line, crossing onto the
Norfolk, Virginia-North Carolina map, to the northeastern terminus of
the Hampton City boundary; then
(12) Proceed southwesterly along the Hampton City boundary to the
point where it intersects with the Newport News City boundary; then
(13) Proceed southwesterly, then northwesterly along the Newport
News City boundary, returning to the beginning point.
Signed: June 9, 2021.
Mary G. Ryan,
Administrator.
Approved: June 11, 2021.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2021-18209 Filed 8-24-21; 8:45 am]
BILLING CODE 4810-31-P
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