Proposed Establishment of the Haw River Valley Viticultural Area (2007R-179P), 16800-16806 [E8-6508]
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Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Proposed Rules
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PART 301—PROCEDURE AND
ADMINISTRATION
Par. 3. The authority citation for part
301 continues to read as follows:
Authority: 26 U.S.C. 7805 * * *
§ 301.9100–4T
[Amended]
Par. 4. Section 301.9100–4T is
amended by removing from the table in
paragraph (a)(1) section 127(a) and
removing paragraph (a)(2)(iv).
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E8–6500 Filed 3–28–08; 8:45 am]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Notice No. 81]
RIN 1513–AB45
Proposed Establishment of the Haw
River Valley Viticultural Area (2007R–
179P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau proposes to establish
the 868-square mile ‘‘Haw River Valley’’
viticultural area in Alamance, Caswell,
Chatham, Guilford, Orange, and
Rockingham Counties, North Carolina.
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. We invite comments on this
proposed addition to our regulations.
DATES: We must receive written
comments on or before May 30, 2008.
ADDRESSES: You may send comments on
this notice to one of the following
addresses:
• https://www.regulations.gov (via the
comment form for this notice posted on
Regulations.gov, the Federal erulemaking portal); or
• Director, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, P.O. Box 14412,
Washington, DC 20044–4412.
See the Public Participation section of
this notice for specific instructions and
requirements for submitting comments,
and for information on how to request
a public hearing.
You may view copies of this notice
and any comments we receive about this
proposal at https://www.regulations.gov.
A direct link to the appropriate
Regulations.gov docket is available
under Notice No. 81 on the TTB Web
site at https://www.ttb.gov/wine/
wine_rulemaking.shtml. You also may
view copies of this notice and any
comments we receive about this
proposal by appointment at the TTB
Information Resource Center, 1310 G
Street, NW., Washington, DC 20220. To
make an appointment, call 202–927–
2400.
FOR FURTHER INFORMATION CONTACT: N.A.
Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., No.
158, Petaluma, CA 94952; phone 415–
271–1254.
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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 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.
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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
geographic 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;
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• Evidence relating to the geographic
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.
Haw River Valley Petition
Patricia McRitchie of McRitchie
Associates, LLC, submitted a petition to
establish the 868-square mile Haw River
Valley viticultural area in North
Carolina on behalf of all the local grape
growers and winemakers.
The proposed Haw River Valley
viticultural area is located in the
Piedmont in north-central North
Carolina. According to the USGS maps
and the written boundary description
submitted with the petition, the Haw
River Valley region lies between the
cities of Greensboro and Chapel Hill,
and includes the southeastern-flowing
Haw River and its accompanying
watershed. The proposed Haw River
Valley viticultural area lies to the east
of the established Yadkin Valley
viticultural area (27 CFR 9.174) and the
proposed Swan Creek viticultural area
(71 FR 53612). According to the
petitioner, the proposed viticultural area
encompasses approximately 868 square
miles, which includes 60 acres of
vineyards and 6 wineries. The petitioner
submitted a map indicating that the 14
vineyards within the proposed
viticultural area are geographically
disbursed throughout the area.
The petitioner explains that the
distinguishing features of the proposed
Haw River Valley viticultural area
include its geology, soils, elevation, and
climate. Its inland location, between the
Atlantic Ocean and the Appalachian
Mountains, and its complex geological
history combine to create a unique
viticultural region. The Haw River
watershed, which comprises 98 percent
of the proposed viticultural area, was
used to determine the proposed
boundary line.
Name Evidence
According to the petitioner, the
‘‘Haw’’ name originated with the
Sissipahaw Indians, Native Americans
living in small villages along the Haw
River. After the arrival of the first
Europeans in the 16th century, the
Sissipahaw Indians eventually
abandoned their villages along the Haw
River and joined other Native
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Americans in other parts of the North
Carolina Piedmont.
The petitioner states that the ‘‘Haw
River’’ and ‘‘Haw River Valley’’ names
both have been used in reference to the
region that this viticultural area petition
describes. In the early 1700’s John
Lawson, an English naturalist and
surveyor, wrote an account of his party
crossing the ‘‘famous Hau-River’’ to get
a safe distance from the Sissipahaw
Indians. Also, in the ‘‘Shuttle & Plow: A
History of Alamance County, North
Carolina’’ (Alamance County Historical
Association, 1999), Carole Troxler and
William Vincent explain that the names
‘‘Hawfields’’ and ‘‘Haw River
Settlement’’ reference the earliest
colonial settlements in the Haw River
Valley. Further, in ‘‘Orange County,
1752–1952’’ (The Journal of Southern
History, May 1954), Hugh Lefler and
Paul Wager reference the Haw River
Valley.
According to evidence presented in
the petition, the Haw River Valley name
continues to be used to describe the
region. The Burlington/Alamance
County Convention Center and Visitors
Bureau Web site (https://
www.burlington-area-nc.org/events.asp)
describes a September 9, 2006,
Paddle[boat] dinner cruise that
experiences the ‘‘richness of the Haw
River Valley.’’ A flyer for the Haw River
Festival for the Community describes a
display of arrowheads and artifacts
found in the Haw River Valley. The
Haw River Valley Web site (https://
www.hawrivervalley.com/) describes the
area as a large, fertile region
encompassing parts of Rockingham,
Caswell, Guilford, Alamance, and
Chatham Counties in North Carolina.
On November 23, 2006, the
Greensboro News Record ran an article
describing a strong storm depositing
‘‘prodigious rain into the Haw River
valley and effectively shutting down
parts of the region.’’
Boundary Evidence
According to the petitioner, the
boundary of the proposed Haw River
Valley viticultural area is based on
nearly the entirety of the Haw River
watershed’s distinctive underlying
geology and soils. The Haw River is
approximately 110 miles long, and the
proposed viticultural area includes that
portion of the Haw River between
Williamsburg and Griffins Crossroad, a
town located approximately 2.5 miles
northwest of Everett Jordan Lake. The
Haw River headwaters start northwest of
Greensboro, and the river travels east
and south-southeast, gaining
momentum in the Piedmont region. The
river eventually flows into the Everett
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Jordan Lake in Chatham County, joins
the Deep River south of the Everett
Jordan Lake dam, and then flows into
the Cape Fear River.
The urban, nonagricultural
Greensboro region lies close to, but
outside of, the proposed northwestern
portion of the boundary. Also, differing
geology, soils, and elevations
distinguish the Haw River watershed
from the Dan River watershed to the
north, the Inner Coastal Province to the
east, the Sandhills to the south, and the
western Piedmont Province to the west.
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Distinguishing Features
According to the petitioner, the
distinguishing features of the proposed
Haw River Valley viticultural area
include its geology, soils, elevation, and
climate. The combination of the
underlying geology of the Haw River
Valley and its inland, nonmountainous
geography influences the soils and the
climate and creates a unique grapegrowing region.
Geology
The petitioner states that Matthew
Mayberry, of the Mayberry Land
Company in Elkin, North Carolina,
provided the geological data and
documentation for the Haw River Valley
viticultural area petition. Citing ‘‘North
Carolina: The Years Before Man,’’ by
Fred Beyer (Carolina Academic Press,
Durham, North Carolina, 1991), Mr.
Mayberry provided an interpretation of
the geology in the Haw River Valley, as
follows.
The Piedmont and Blue Ridge
Provinces share a geologic history
dating back to the formation of the
continental landmasses. The mountain
building of the region is attributed to
plate tectonics, the spectrum of
uplifting, and erosion. Long-term
erosion has reduced the mountains to
lower, more level terrains that gently
slope toward the ocean. The Piedmont
and Coastal Plain landforms are part of
the erosional leveling process of the
third global tectonic cycle.
The rock units in the Haw River
Valley region date back approximately
700 million years. In contrast, the age of
the rock units of the Yadkin Valley
region, in the western part of the
Piedmont Province, date back
approximately 1.5 billion years.
The Haw River Valley region,
including its rock units, is the geological
result of volcanic metamorphism and
igneous activity stemming from island
arcs. Island arcs form when a
continental plate overrides an oceanic
plate, resulting in subduction zones that
create volcanoes. In the northeastern
part of the proposed viticultural area a
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caldera formed in an area of formerly
intense volcanic activity. The caldera
collapsed into a 36-by 9-mile ellipseshaped area that igneous rock
eventually filled.
The proposed Haw River Valley
viticultural area lies in the Carolina
Slate Belt, a result of tectonic
movements of the North American and
African continental plates. The slate belt
trends to the northwest and disappears
under the Carolina Coastal Plain, which
extends southeast and eventually dips
under the Atlantic Ocean.
Finally, according to Mr. Mayberry,
the major rock types in the Haw River
Valley include the following: Porpyritic
Granite/Felsic Intrusive Complex, Felsic
Gneiss, Mafic Volcanics, Felsic
Volcanics, Intermediate Intrusive Rocks,
Mica Gneiss, and Mica Schist
(Muscovite and/or Biotite). The Haw
River Valley igneous and metamorphic
rocks, composed of magma, differ from
those rocks formed from magma in the
western Piedmont and Appalachian
Mountains.
Soils
The petitioner states that James Lewis,
soil scientist, Natural Resources
Conservation Service, United States
Department of Agriculture, provided the
soils information for the Haw River
Valley viticultural area petition. In his
research, Mr. Lewis consulted the
published soil surveys of Alamance,
Caswell, Chatham, Guilford, Orange,
and Rockingham Counties, North
Carolina, and available updates to
existing soil surveys.
According to Mr. Lewis, the soils of
the proposed Haw River Valley
viticultural area, compared to those of
the surrounding regions, have unique
and distinguishable characteristics.
Most of the soils in the Haw River
Valley are acidic and low in natural
fertility.
The proposed Haw River Valley
viticultural area is entirely in the udic
soil moisture regime. (The udic
moisture regime is common to soils of
humid climates with well-distributed
rainfall or with enough rain in summer
that the amount of stored moisture plus
rainfall is approximately equal to, or
exceeds, the amount of
evapotranspiration. In most years, at
some time during the year water moves
down through the soil.) Further, the
proposed viticultural area lies
dominantly in the thermic soil
temperature regime, averaging 59 to 72
degrees F at a soil depth of 20 inches.
The soils in the proposed viticultural
area formed primarily in residuum, or
saprolite, weathered from igneous,
intermediate, and mafic intrusive rocks
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and in felsic and intermediate volcanic
rocks of the Carolina Slate Belt.
In the central portion of the proposed
Haw River Valley viticultural area, the
soils formed in residuum from mafic
intrusive rocks. In these areas the soils
have a clayey subsoil of mixed
mineralogy and slightly better natural
fertility than that of the soils to the east
and south. The Mecklenburg soils are on
nearly level and moderately steep
uplands. These soils have moderately
slow permeability. The Enon and Iredell
soils are on uplands and some side
slopes. These soils have a clayey subsoil
and have a high or very high shrinkswell potential, respectively; because of
these properties, they have poor internal
drainage and perch water during wet
periods.
In the western and northeastern
portions of the proposed viticultural
area, the soils formed mainly in igneous
and intermediate intrusive rocks. In
these areas the Cecil, Appling, Vance,
Helena, and Sedgefield soils are
dominant. Typically, these soils are
deep and have a clayey subsoil. Also
scattered throughout these areas are the
Enon and Iredell soils formed in mafic,
intrusive rocks.
In the northwesternmost portion of
the proposed viticultural area, the soils
formed in residuum derived from
metamorphic rocks. In this area the
Fairview, Clifford, Toast, and Rasalo
soils on nearly level to steep uplands
are dominant. Further, except for the
Rasalo soils, these soils are very deep
and well drained, and have a clayey
subsoil, moderate permeability, and
good internal structure. In the Rasalo
soils, because of high shrinking and
swelling in the clayey subsoil and slow
permeability, the soils tend to perch
water during wet periods.
In the eastern and southern portions
of the Haw River Valley and in parts of
the southwestern and northwestern
portions, the soils formed primarily in
residuum derived from felsic and
intermediate volcanic rocks. In these
areas the Georgeville and Herndon soils
are very deep and well drained, and
have a loamy surface layer, a clayey
subsoil, moderate permeability, and
good internal structure. These soils are
on gently sloping to moderately steep
uplands. Also in these areas are the
Callison, Secrest, and Kirksey soils.
These soils are moderately well drained
and have a loamy surface layer and
subsoil. These soils are on level flats
and gently sloping upland ridges, in
depressions, and around heads of
drains. They vary in depth depending
on the underlying soft and hard
bedrock; consequently, they have poor
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internal drainage and perch water
during wet periods.
The soils weathered from rocks
within the proposed Haw River Valley
viticultural area have significant
differences compared to the soils in the
surrounding areas to the east, west, and
south. However, they are similar to the
soils in the surrounding north portion
and in the northwesternmost portion of
the proposed viticultural area.
East of the proposed Haw River Valley
viticultural area, on the Inner Coastal
Plain, the soils, predominantly Udults,
have a thermic temperature regime, a
udic moisture regime, a loamy or sandy
surface layer, and a loamy or clayey
subsoil. The soils are generally deep and
well drained to poorly drained, and
maintain adequate moisture during the
viticultural growing season.
West of the proposed Haw River
Valley viticultural area, most soils
formed in saprolite weathered from
igneous intrusive rocks and some
gneisses and schists of the Charlotte
Belt. However, some soils formed in
residuum derived from intrusions of
mafic rocks and have a clay subsoil of
mixed mineralogy. The Gaston and
Mecklenburg soils have moderate or
moderately slow permeability and are
moderately suitable for viticulture. The
Enon and Irdell soils are also west of the
proposed viticultural area.
According to ‘‘Scientists Study Why
More Storms Form in the Sandhills in
the Summer,’’ a news release dated July
5, 2001, from North Carolina State
University, the soils are deep and sandy
in the Sandhills region south of the
proposed Haw River Valley viticultural
area. Unlike the clay soils in the
Piedmont, these soils, like the sandy
loam of the Inner Coastal Plain, do not
have much clay.
Elevation
The elevations in the proposed Haw
River Valley viticultural area range from
350 feet at the southeastern boundary
corner to over 800 feet at the
northwestern boundary corner,
according to elevation maps by John
Boyer (Virginia Polytechnic Institute
and State University, 2001) that the
North Carolina Grape Council provided.
The four physiographic regions of North
Carolina are the eastern Outer Coastal
Plain, the Inner Coastal Plain, the
central Piedmont Province, and the
western Blue Ridge Province, as shown
on the Physiography of North Carolina
map by M.A. Medina et al. (North
Carolina Geological Survey, Division of
Land Resources, 2004).
The Haw River Valley region lies in
the Piedmont Province near the
demarcation of the fall line with the
Inner Coastal Plain, according to
‘‘History and Environment of North
Carolina’s Piedmont Evolution of a
Value-Added Society,’’ by John Rogers
(University of North Carolina,
Department of Geology, 1999). Areas
near the fall zone vary from 300 to 600
feet in elevation, in contrast with the
approximately 1,500-foot elevation at
the foot of the Blue Ridge Mountains, as
shown on the Boyer maps.
The Piedmont Province consists of
generally rolling, well rounded hills and
ridges with a difference in elevation of
a few hundred feet between the hills
and valleys, according to the Boyer
maps. The Inner Coastal Plain, which
has stair-step planar terraces that dip
gently toward the ocean, ranges from 25
to 600 feet in elevation, the petitioner
explains.
Climate
The climatic features that distinguish
the proposed Haw River Valley
viticultural area are precipitation, air
temperature, and growing season,
according to the petitioner. The Haw
River Valley has more moderate
temperatures and greater precipitation
than those in the surrounding areas
outside the proposed boundary line.
The climate within the Haw River
Valley, which is generally similar
throughout, varies from the surrounding
regions outside the proposed
viticultural area, according to data
obtained from the Southeast Regional
Climate Center (SRCC) and from
horticultural information leaflets by
Katharine Perry (North Carolina State
University, revised December 1998).
The data from SRCC includes those
from stations within and outside of the
boundary line of the proposed Haw
River Valley viticultural area, according
to the petitioner. The table below lists
the SRCC weather stations consulted
and the direction and distance of the
location of each weather station in
relation to the Haw River Valley.
Weather station
Brookneal, Virginia ........................................................................................................
Louisburg, North Carolina .............................................................................................
Pinehurst, North Carolina ..............................................................................................
Mocksville, North Carolina ............................................................................................
North ............................................
East ..............................................
South ...........................................
West .............................................
The air temperatures in the Haw River
Valley region are generally warmer than
those in the area to the north, cooler
than those in the areas to the south and
east, and similar to those in the area to
the west on the Piedmont Province, the
petitioner explains using SRCC data.
The petitioner also provides, in the table
below, the SRCC average annual high
and low air temperatures, snow
84
52
70
50
miles.
miles.
miles.
miles.
accumulation, and rainfall for the Haw
River Valley and the areas outside the
proposed boundary line.
Average annual
Relation to the proposed Haw River Valley
viticultural area
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Approximate
distance from
Haw River Valley
Compass direction from
Haw River Valley
High air temperature
Low air temperature
Snow accumulation
Inside the boundary line ............................................
To the north ...............................................................
To the east .................................................................
To the south ...............................................................
To the west ................................................................
69.8 °F ....................
67 °F .......................
71.4 °F ....................
72.7 °F ....................
70 °F .......................
46.6 °F ....................
42 °F .......................
46 °F .......................
49.2 °F ....................
45.1 °F ....................
5.9 in .......................
11.3 in .....................
4.1 in .......................
4.1 in .......................
9.9 in .......................
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Rainfall
45.27
41.65
45.98
49.11
44.57
in.
in.
in.
in.
in.
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According to the petitioner, the
annual frost-free growing season of the
proposed Haw River Valley viticultural
area runs from April 1 to November 1
and totals 214 days. The growing season
is 2 to 4 weeks longer than that for the
region to the west, and is similar to
those for the regions to the immediate
south and to the east of the proposed
boundary line. The growing season
length and frost-free dates fall within
the parameters for successful viticulture
of vinifera, hybrid, and Muscadine
grapes, according to the ‘‘Analysis for
Viticultural Suitability in North
Carolina,’’ a map prepared by John
Boyer (Virginia Polytechnic Institute
and State University, 2001).
TTB Determination
TTB concludes that this petition to
establish the 868-square-mile Haw River
Valley viticultural area merits
consideration and public comment as
invited in this notice.
Boundary Description
See the narrative boundary
description of the petitioned-for
viticultural area in the proposed
regulatory text published at the end of
this notice.
jlentini on PROD1PC65 with PROPOSALS
Maps
The petitioner provided the required
maps, and we list them below in the
proposed 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. If we
establish this proposed viticultural area,
its name, ‘‘Haw River Valley,’’ will be
recognized as a name of viticultural
significance under 27 CFR 4.39(i)(3). In
addition, with the establishment of the
Haw River Valley viticultural area, the
name ‘‘Haw River’’ standing alone will
be considered a term of viticultural
significance because consumers and
vintners could reasonably attribute the
quality, reputation, or other
characteristic of wine made from grapes
grown in the proposed Haw River
Valley viticultural area to the name Haw
River itself. A name has viticultural
significance when determined by a TTB
officer (see 27 CFR 4.39(i)(3)). Therefore,
the proposed part 9 regulatory text set
forth in this document specifies both
‘‘Haw River Valley’’ and ‘‘Haw River’’ as
terms of viticultural significance for
purposes of part 4 of the TTB
regulations.
If this proposed text is adopted as a
final rule, wine bottlers using ‘‘Haw
River Valley’’ or ‘‘Haw River’’ in a brand
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16:12 Mar 28, 2008
Jkt 214001
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 or ‘‘Haw River’’ 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 label uses the
name ‘‘Haw River Valley’’ or ‘‘Haw
River’’ for a wine that does not meet the
85 percent standard, the label will be
subject to revocation upon the effective
date of the approval of the Haw 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.
Public Participation
Comments Invited
We invite comments from interested
members of the public on whether we
should establish the proposed
viticultural area. We are interested in
receiving comments on the sufficiency
and accuracy of the name, climatic,
boundary and other required
information submitted in support of the
petition. In addition, we are interested
in receiving comments on the proposal
to identify ‘‘Haw River’’ as a term of
viticultural significance. Please provide
any available specific information in
support of your comments.
Because of the potential impact of the
establishment of the proposed Haw
River Valley viticultural area on wine
labels that include the words ‘‘Haw
River Valley’’ or the words ‘‘Haw River’’
as discussed above under ‘‘Impact on
Current Wine Labels,’’ we are
particularly interested in comments
regarding whether there will be a
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Fmt 4702
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conflict between the proposed
viticulturally significant terms and
currently used brand names. If a
commenter believes that a conflict will
arise, the comment should describe the
nature of that conflict, including any
anticipated negative economic impact
that approval of the proposed
viticultural area will have on an existing
viticultural enterprise. We are also
interested in receiving suggestions for
ways to avoid conflicts, for example by
adopting a modified or different name
for the viticultural area.
Submitting Comments
You may submit comments on this
notice by using one of the following two
methods:
• Federal e-Rulemaking Portal: You
may electronically submit comments on
this notice through Regulations.gov, the
Federal e-rulemaking portal. A direct
link to the Regulations.gov page
containing this notice and its related
comment submission form is available
on the TTB Web site at https://
www.ttb.gov/wine/
wine_rulemaking.shtml under Notice
No. 81. You may also reach this notice
and its related comment form via the
Regulatons.gov search page at https://
www.regulations.gov. Supplemental
files may be attached to comments
submitted via Regulations.gov. For
complete instructions on how to use
Regulations.gov, visit the site and click
on ‘‘User Guide’’ under ‘‘How to Use
this Site.’’
• Mail: You may send written
comments to the Director, Regulations
and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, P.O.
Box 14412, Washington, DC 20044–
4412.
Please submit your comments by the
closing date shown above in this notice.
Your comments must reference Notice
No. 81 and include your name and
mailing address. Your comments also
must be made in English, be legible, and
be written in language acceptable for
public disclosure. We do not
acknowledge receipt of comments, and
we consider all comments as originals.
If you are commenting on behalf of an
association, business, or other entity,
your comment must include the entity’s
name as well as your name and position
title. If you comment via https://
www.regulations.gov, please enter the
entity’s name in the ‘‘Organization’’
blank of the comment form. If you
comment via mail, please submit your
entity’s comment on letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
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Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Proposed Rules
Executive Order 12866
determine whether to hold a public
hearing.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
jlentini on PROD1PC65 with PROPOSALS
Regulatory Flexibility Act
We certify that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area 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.
16:12 Mar 28, 2008
Drafting Information
N.A. Sutton of the Regulations and
Rulings Division drafted this notice.
List of Subjects in 27 CFR Part 9
Wine.
On the Federal e-rulemaking portal,
Regulations.gov, we will post, and you
may view, copies of this notice and any
electronic or mailed comments we
receive about this proposal. A direct
link to the Regulations.gov docket
containing this notice and the posted
comments received on it is available on
the TTB Web site at https://www.ttb.gov/
wine/wine_rulemaking.shtml under
Notice No. 81. You may also reach the
docket containing this notice and the
posted comments received on it through
the Regulatons.gov search page at
https://www.regulations.gov. For
instructions on how to use
Regulations.gov, visit the site and click
on ‘‘User Guide’’ under ‘‘How to Use
this Site.’’
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including e-mail addresses.
We may omit voluminous attachments
or material that we consider unsuitable
for posting.
You also may view copies of this
notice and any electronic or mailed
comments we receive about this
proposal by appointment at the TTB
Information Resource Center, 1310 G
Street, NW., Washington, DC 20220.
You may also obtain copies at 20 cents
per 8.5 x 11-inch page. Contact our
information specialist at the above
address or by telephone at 202–927–
2400 to schedule an appointment or to
request copies of comments or other
materials.
VerDate Aug<31>2005
This proposed rule is not a significant
regulatory action as defined by
Executive Order 12866. Therefore, it
requires no regulatory assessment.
Jkt 214001
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, we propose to amend title 27,
chapter 1, part 9, Code of Federal
Regulations, 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. Amend subpart C by adding § 9.l
to read as follows:
§ 9.l
Haw River Valley.
(a) Name. The name of the viticultural
area described in this section is ‘‘Haw
River Valley’’. For purposes of part 4 of
this chapter, ‘‘Haw River Valley’’ and
‘‘Haw River’’ are terms of viticultural
significance.
(b) Approved maps. The two United
States Geological Survey 1:100,000-scale
metric topographic maps used to
determine the boundary of the Haw
River Valley viticultural area are titled:
(1) Greensboro, North Carolina, 1984;
and
(2) Chapel Hill, North Carolina, 1984.
(c) Boundary. The Haw River Valley
viticultural area is located in all of
Alamance County and portions of
Caswell, Chatham, Guilford, Orange,
and Rockingham Counties. The
boundary of the Haw River Valley
viticultural area is as described below:
(1) Begin at a point on the Greensboro
map at the intersection of the Caswell
and Orange Counties boundary line
with Lynch Creek, southeast of Corbett
and the Corbett Ridge, and then proceed
in a straight line southeast 2 miles to the
intersection of North Carolina State
Highway 49 and an unnamed, light-duty
road, known locally as McCulloch Road,
located approximately 1 mile northeast
of Carr, in west Orange County; then
(2) Proceed in a straight line southsouthwest 11.9 miles, crossing over U.S.
Interstate 85, to Buckhorn at Turkey Hill
Creek in west Orange County; then
PO 00000
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Fmt 4702
Sfmt 4702
16805
(3) Proceed in a straight line southeast
5.2 miles, crossing onto the Chapel Hill
map, to its intersection with Dodsons
Crossroad and an unnamed, light-duty
road that runs generally north-northeastsouth-southwest in west Orange County;
then
(4) Proceed south-southwest on the
unnamed, light-duty road 3.4 miles to
its intersection with North Carolina
State Highway 54, also known as Star
Route 54, east of White Cross in west
Orange County; then
(5) Proceed southeast in a straight line
14.1 miles, crossing over Terrells
Mountain, Wilkinson Creek and several
of its eastern tributaries, and U.S. Route
15–501, to its intersection with an
unnamed road, known locally as Gilead
Church Road, and U.S. Route 64 at
Griffins Crossroads in Chatham County;
then
(6) Proceed generally west along U.S.
Route 64 approximately 20.7 miles to its
intersection with U.S. Route 421 in Siler
City, Chatham County; then
(7) Proceed generally northwest on
U.S. Route 421 approximately 5.6 miles
to its intersection with the Randolph
County line, southeast of Staley; then
(8) Proceed straight north along the
Randolph County line 7.4 miles to its
intersection with the Guilford County
line; then
(9) Proceed straight west along the
Randolph County line 5.8 miles to its
intersection with U.S. Route 421; then
(10) Proceed in a straight line northnorthwest 20.5 miles, crossing onto the
Greensboro map, to its intersection with
U.S. Route 29 and North Carolina State
Highway 150, between Browns Summit
and Monticello in Guilford County; then
(11) Proceed generally east and north
on North Carolina State Highway 150
approximately 4.3 miles to its
intersection with North Carolina State
Highway 87, east-northeast of
Williamsburg in southeast Rockingham
County; then
(12) Proceed in a straight line eastnortheast 8.3 miles, crossing over the
Caswell County line to a point at the
intersection of the 236-meter elevation
line, as marked on the map, and an
unnamed road, known locally as Cherry
Grove Road; then
(13) Proceed east and southeast along
the unnamed road, known locally as
Cherry Grove Road, 5 miles to its
intersection with North Carolina State
Highway 62 at Jericho in Caswell
County; then
(14) Proceed generally southeast on
North Carolina State Highway 62
approximately 1.8 miles to its
intersection with an unnamed road,
known locally as Bayne’s Road at
Anderson in Caswell County; then
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Federal Register / Vol. 73, No. 62 / Monday, March 31, 2008 / Proposed Rules
(15) Proceed generally east on the
unnamed road known locally as Bayne’s
Road 2 miles to its intersection with
North Carolina State Highway 119 at
Baynes in Caswell County; then
(16) Proceed generally southsoutheast along North Carolina State
Highway 119 approximately 1.7 miles to
its intersection with the Caswell County
line; then
(17) Proceed straight east along the
Caswell County line 4.3 miles to the
beginning point.
Signed: March 1, 2008.
John J. Manfreda,
Administrator.
[FR Doc. E8–6508 Filed 3–28–08; 8:45 am]
BILLING CODE 4810–31–P
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
29 CFR Part 1611
Privacy Act Regulations
Equal Employment
Opportunity Commission.
ACTION: Proposed rule.
jlentini on PROD1PC65 with PROPOSALS
AGENCY:
SUMMARY: The Equal Employment
Opportunity Commission is proposing
to revise its regulations at 29 CFR Part
1611, which implement the Privacy Act
of 1974, to exempt one of its systems of
records from one of the Act’s
requirements.
DATES: Written comments on the
proposed rule must be received on or
before May 30, 2008. The Commission
proposes to consider any comments
received and thereafter adopt final
regulations.
ADDRESSES: Written comments should
be submitted to Stephen Llewellyn,
Executive Officer, Equal Employment
Opportunity Commission, 1801 L Street,
NW., Washington, DC 20507. As a
convenience to commentators, the
Executive Secretariat will accept
comments transmitted by facsimile
(‘‘FAX’’) machine. The telephone
number of the FAX receiver is (202)
663–4114. (This is not a toll-free
number.) Only comments of six or fewer
pages will be accepted via FAX
transmittal. This limitation is necessary
to assure access to the equipment.
Receipt of FAX transmittals will not be
acknowledged, except that the sender
may request confirmation of receipt by
calling the Executive Secretariat staff at
(202) 663–4070 (voice) or (202) 663–
4074 (TTD). (These are not toll-free
telephone numbers.) You may also
submit comments and attachments
electronically at https://
VerDate Aug<31>2005
16:12 Mar 28, 2008
Jkt 214001
www.regulations.gov, which is the
Federal eRulemaking Portal. Follow the
instructions online for submitting
comments. Copies of comments
submitted by the public will be
available to review at the Commission’s
library, Room 6502, 1801 L Street, NW.,
Washington, DC 20507 between the
hours of 9:30 a.m. and 5 p.m. or can be
reviewed at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Thomas J. Schlageter, Assistant Legal
Counsel, or Kathleen Oram, Senior
Attorney, at (202) 663–4640 (voice) or
(202) 663–7026 (TTY). Copies of this
final rule are also available in the
following alternate formats: large print,
braille, audiotape and electronic file on
computer disk. Requests for this notice
in an alternative format should be made
to EEOC’s Publication Center at 1–800–
669–3362 (voice) or 1–800–800–3302
(TTY).
SUPPLEMENTARY INFORMATION: The Equal
Employment Opportunity Commission
proposes to add a new section 1611.15
to its Privacy Act regulations to exempt
records contained in EEOC–22, EEOC
Personnel Security Files, from the
accounting and disclosure provisions of
the Privacy Act in accordance with
section k(5) of the Act, but only to the
extent that an accounting of disclosures
or a disclosure itself identifies witnesses
promised confidentiality as a condition
of providing information during the
course of a background investigation.
The Commission also proposes to
amend sections 1611.5(a)(5) and
1611.5(b) to conform them to the
addition of the new exemption.
Regulatory Procedures
Executive Order 12866
Pursuant to Executive Order 12866,
EEOC has determined that the
regulation will not have an annual effect
on the economy of $100 million or more
or adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities. Therefore, a detailed costbenefit assessment of the regulation is
not required.
Paperwork Reduction Act
This rule contains no new
information collection requirements
subject to review by the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Regulatory Flexibility Act
The Commission, in accordance with
the Regulatory Flexibility Act (5 U.S.C.
PO 00000
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Fmt 4702
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606(b)), has reviewed this regulation
and by approving it certifies that this
regulation will not have a significant
economic impact on a substantial
number of small entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the
expenditure by State, local, or tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Congressional Review Act
This action concerns agency
organization, procedure or practice that
does not substantially affect the rights or
obligations of non-agency parties and,
accordingly, is not a ‘‘rule’’ as that term
is used by the Congressional Review Act
(Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996 (SBREFA)). Therefore, the
reporting requirement of 5 U.S.C. 801
does not apply.
List of Subjects in 29 CFR Part 1611
Privacy Act.
Dated: March 25, 2008.
For the Commission,
Naomi C. Earp,
Chair.
Accordingly, it is proposed to amend
chapter XIV of title 29 of the Code of
Federal Regulations as follows:
PART 1611—PRIVACY ACT
REGULATIONS
1. The authority citation for part 1611
continues to read as follows:
Authority: 5 U.S.C. 552a.
2. In § 1611.5, revise paragraphs (a)(5)
and (b) to read as follows:
§ 1611.5 Disclosure of requested
information to individuals.
(a) * * *
(5) The Commission shall not deny
any request under § 1611.3 concerning
the existence of records about the
requester in any system of records it
maintains, or any request for access to
such records, unless that system is
exempted from the requirements of 5
U.S.C. 552a in §§ 1611.13, 1611.14, or
1611.15.
*
*
*
*
*
(b) Upon request, the appropriate
Commission official shall make
available an accounting of disclosures
pursuant to 5 U.S.C. 552a(c)(3), unless
that system is exempted from the
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Agencies
[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Proposed Rules]
[Pages 16800-16806]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6508]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 81]
RIN 1513-AB45
Proposed Establishment of the Haw River Valley Viticultural Area
(2007R-179P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
establish the 868-square mile ``Haw River Valley'' viticultural area in
Alamance, Caswell, Chatham, Guilford, Orange, and Rockingham Counties,
North Carolina. 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. We invite comments on this
proposed addition to our regulations.
DATES: We must receive written comments on or before May 30, 2008.
ADDRESSES: You may send comments on this notice to one of the following
addresses:
https://www.regulations.gov (via the comment form for this
notice posted on Regulations.gov, the Federal e-rulemaking portal); or
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
You may view copies of this notice and any comments we receive
about this proposal at https://www.regulations.gov. A direct link to the
appropriate Regulations.gov docket is available under Notice No. 81 on
the TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml. You
also may view copies of this notice and any comments we receive about
this proposal by appointment at the TTB Information Resource Center,
1310 G Street, NW., Washington, DC 20220. To make an appointment, call
202-927-2400.
FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St.,
No. 158, Petaluma, CA 94952; phone 415-271-1254.
[[Page 16801]]
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
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 geographic 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--
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 geographic 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.
Haw River Valley Petition
Patricia McRitchie of McRitchie Associates, LLC, submitted a
petition to establish the 868-square mile Haw River Valley viticultural
area in North Carolina on behalf of all the local grape growers and
winemakers.
The proposed Haw River Valley viticultural area is located in the
Piedmont in north-central North Carolina. According to the USGS maps
and the written boundary description submitted with the petition, the
Haw River Valley region lies between the cities of Greensboro and
Chapel Hill, and includes the southeastern-flowing Haw River and its
accompanying watershed. The proposed Haw River Valley viticultural area
lies to the east of the established Yadkin Valley viticultural area (27
CFR 9.174) and the proposed Swan Creek viticultural area (71 FR 53612).
According to the petitioner, the proposed viticultural area encompasses
approximately 868 square miles, which includes 60 acres of vineyards
and 6 wineries. The petitioner submitted a map indicating that the 14
vineyards within the proposed viticultural area are geographically
disbursed throughout the area.
The petitioner explains that the distinguishing features of the
proposed Haw River Valley viticultural area include its geology, soils,
elevation, and climate. Its inland location, between the Atlantic Ocean
and the Appalachian Mountains, and its complex geological history
combine to create a unique viticultural region. The Haw River
watershed, which comprises 98 percent of the proposed viticultural
area, was used to determine the proposed boundary line.
Name Evidence
According to the petitioner, the ``Haw'' name originated with the
Sissipahaw Indians, Native Americans living in small villages along the
Haw River. After the arrival of the first Europeans in the 16th
century, the Sissipahaw Indians eventually abandoned their villages
along the Haw River and joined other Native Americans in other parts of
the North Carolina Piedmont.
The petitioner states that the ``Haw River'' and ``Haw River
Valley'' names both have been used in reference to the region that this
viticultural area petition describes. In the early 1700's John Lawson,
an English naturalist and surveyor, wrote an account of his party
crossing the ``famous Hau-River'' to get a safe distance from the
Sissipahaw Indians. Also, in the ``Shuttle & Plow: A History of
Alamance County, North Carolina'' (Alamance County Historical
Association, 1999), Carole Troxler and William Vincent explain that the
names ``Hawfields'' and ``Haw River Settlement'' reference the earliest
colonial settlements in the Haw River Valley. Further, in ``Orange
County, 1752-1952'' (The Journal of Southern History, May 1954), Hugh
Lefler and Paul Wager reference the Haw River Valley.
According to evidence presented in the petition, the Haw River
Valley name continues to be used to describe the region. The
Burlington/Alamance County Convention Center and Visitors Bureau Web
site (https://www.burlington-area-nc.org/events.asp) describes a
September 9, 2006, Paddle[boat] dinner cruise that experiences the
``richness of the Haw River Valley.'' A flyer for the Haw River
Festival for the Community describes a display of arrowheads and
artifacts found in the Haw River Valley. The Haw River Valley Web site
(https://www.hawrivervalley.com/) describes the area as a large, fertile
region encompassing parts of Rockingham, Caswell, Guilford, Alamance,
and Chatham Counties in North Carolina.
On November 23, 2006, the Greensboro News Record ran an article
describing a strong storm depositing ``prodigious rain into the Haw
River valley and effectively shutting down parts of the region.''
Boundary Evidence
According to the petitioner, the boundary of the proposed Haw River
Valley viticultural area is based on nearly the entirety of the Haw
River watershed's distinctive underlying geology and soils. The Haw
River is approximately 110 miles long, and the proposed viticultural
area includes that portion of the Haw River between Williamsburg and
Griffins Crossroad, a town located approximately 2.5 miles northwest of
Everett Jordan Lake. The Haw River headwaters start northwest of
Greensboro, and the river travels east and south-southeast, gaining
momentum in the Piedmont region. The river eventually flows into the
Everett
[[Page 16802]]
Jordan Lake in Chatham County, joins the Deep River south of the
Everett Jordan Lake dam, and then flows into the Cape Fear River.
The urban, nonagricultural Greensboro region lies close to, but
outside of, the proposed northwestern portion of the boundary. Also,
differing geology, soils, and elevations distinguish the Haw River
watershed from the Dan River watershed to the north, the Inner Coastal
Province to the east, the Sandhills to the south, and the western
Piedmont Province to the west.
Distinguishing Features
According to the petitioner, the distinguishing features of the
proposed Haw River Valley viticultural area include its geology, soils,
elevation, and climate. The combination of the underlying geology of
the Haw River Valley and its inland, nonmountainous geography
influences the soils and the climate and creates a unique grape-growing
region.
Geology
The petitioner states that Matthew Mayberry, of the Mayberry Land
Company in Elkin, North Carolina, provided the geological data and
documentation for the Haw River Valley viticultural area petition.
Citing ``North Carolina: The Years Before Man,'' by Fred Beyer
(Carolina Academic Press, Durham, North Carolina, 1991), Mr. Mayberry
provided an interpretation of the geology in the Haw River Valley, as
follows.
The Piedmont and Blue Ridge Provinces share a geologic history
dating back to the formation of the continental landmasses. The
mountain building of the region is attributed to plate tectonics, the
spectrum of uplifting, and erosion. Long-term erosion has reduced the
mountains to lower, more level terrains that gently slope toward the
ocean. The Piedmont and Coastal Plain landforms are part of the
erosional leveling process of the third global tectonic cycle.
The rock units in the Haw River Valley region date back
approximately 700 million years. In contrast, the age of the rock units
of the Yadkin Valley region, in the western part of the Piedmont
Province, date back approximately 1.5 billion years.
The Haw River Valley region, including its rock units, is the
geological result of volcanic metamorphism and igneous activity
stemming from island arcs. Island arcs form when a continental plate
overrides an oceanic plate, resulting in subduction zones that create
volcanoes. In the northeastern part of the proposed viticultural area a
caldera formed in an area of formerly intense volcanic activity. The
caldera collapsed into a 36-by 9-mile ellipse-shaped area that igneous
rock eventually filled.
The proposed Haw River Valley viticultural area lies in the
Carolina Slate Belt, a result of tectonic movements of the North
American and African continental plates. The slate belt trends to the
northwest and disappears under the Carolina Coastal Plain, which
extends southeast and eventually dips under the Atlantic Ocean.
Finally, according to Mr. Mayberry, the major rock types in the Haw
River Valley include the following: Porpyritic Granite/Felsic Intrusive
Complex, Felsic Gneiss, Mafic Volcanics, Felsic Volcanics, Intermediate
Intrusive Rocks, Mica Gneiss, and Mica Schist (Muscovite and/or
Biotite). The Haw River Valley igneous and metamorphic rocks, composed
of magma, differ from those rocks formed from magma in the western
Piedmont and Appalachian Mountains.
Soils
The petitioner states that James Lewis, soil scientist, Natural
Resources Conservation Service, United States Department of
Agriculture, provided the soils information for the Haw River Valley
viticultural area petition. In his research, Mr. Lewis consulted the
published soil surveys of Alamance, Caswell, Chatham, Guilford, Orange,
and Rockingham Counties, North Carolina, and available updates to
existing soil surveys.
According to Mr. Lewis, the soils of the proposed Haw River Valley
viticultural area, compared to those of the surrounding regions, have
unique and distinguishable characteristics. Most of the soils in the
Haw River Valley are acidic and low in natural fertility.
The proposed Haw River Valley viticultural area is entirely in the
udic soil moisture regime. (The udic moisture regime is common to soils
of humid climates with well-distributed rainfall or with enough rain in
summer that the amount of stored moisture plus rainfall is
approximately equal to, or exceeds, the amount of evapotranspiration.
In most years, at some time during the year water moves down through
the soil.) Further, the proposed viticultural area lies dominantly in
the thermic soil temperature regime, averaging 59 to 72 degrees F at a
soil depth of 20 inches.
The soils in the proposed viticultural area formed primarily in
residuum, or saprolite, weathered from igneous, intermediate, and mafic
intrusive rocks and in felsic and intermediate volcanic rocks of the
Carolina Slate Belt.
In the central portion of the proposed Haw River Valley
viticultural area, the soils formed in residuum from mafic intrusive
rocks. In these areas the soils have a clayey subsoil of mixed
mineralogy and slightly better natural fertility than that of the soils
to the east and south. The Mecklenburg soils are on nearly level and
moderately steep uplands. These soils have moderately slow
permeability. The Enon and Iredell soils are on uplands and some side
slopes. These soils have a clayey subsoil and have a high or very high
shrink-swell potential, respectively; because of these properties, they
have poor internal drainage and perch water during wet periods.
In the western and northeastern portions of the proposed
viticultural area, the soils formed mainly in igneous and intermediate
intrusive rocks. In these areas the Cecil, Appling, Vance, Helena, and
Sedgefield soils are dominant. Typically, these soils are deep and have
a clayey subsoil. Also scattered throughout these areas are the Enon
and Iredell soils formed in mafic, intrusive rocks.
In the northwesternmost portion of the proposed viticultural area,
the soils formed in residuum derived from metamorphic rocks. In this
area the Fairview, Clifford, Toast, and Rasalo soils on nearly level to
steep uplands are dominant. Further, except for the Rasalo soils, these
soils are very deep and well drained, and have a clayey subsoil,
moderate permeability, and good internal structure. In the Rasalo
soils, because of high shrinking and swelling in the clayey subsoil and
slow permeability, the soils tend to perch water during wet periods.
In the eastern and southern portions of the Haw River Valley and in
parts of the southwestern and northwestern portions, the soils formed
primarily in residuum derived from felsic and intermediate volcanic
rocks. In these areas the Georgeville and Herndon soils are very deep
and well drained, and have a loamy surface layer, a clayey subsoil,
moderate permeability, and good internal structure. These soils are on
gently sloping to moderately steep uplands. Also in these areas are the
Callison, Secrest, and Kirksey soils. These soils are moderately well
drained and have a loamy surface layer and subsoil. These soils are on
level flats and gently sloping upland ridges, in depressions, and
around heads of drains. They vary in depth depending on the underlying
soft and hard bedrock; consequently, they have poor
[[Page 16803]]
internal drainage and perch water during wet periods.
The soils weathered from rocks within the proposed Haw River Valley
viticultural area have significant differences compared to the soils in
the surrounding areas to the east, west, and south. However, they are
similar to the soils in the surrounding north portion and in the
northwesternmost portion of the proposed viticultural area.
East of the proposed Haw River Valley viticultural area, on the
Inner Coastal Plain, the soils, predominantly Udults, have a thermic
temperature regime, a udic moisture regime, a loamy or sandy surface
layer, and a loamy or clayey subsoil. The soils are generally deep and
well drained to poorly drained, and maintain adequate moisture during
the viticultural growing season.
West of the proposed Haw River Valley viticultural area, most soils
formed in saprolite weathered from igneous intrusive rocks and some
gneisses and schists of the Charlotte Belt. However, some soils formed
in residuum derived from intrusions of mafic rocks and have a clay
subsoil of mixed mineralogy. The Gaston and Mecklenburg soils have
moderate or moderately slow permeability and are moderately suitable
for viticulture. The Enon and Irdell soils are also west of the
proposed viticultural area.
According to ``Scientists Study Why More Storms Form in the
Sandhills in the Summer,'' a news release dated July 5, 2001, from
North Carolina State University, the soils are deep and sandy in the
Sandhills region south of the proposed Haw River Valley viticultural
area. Unlike the clay soils in the Piedmont, these soils, like the
sandy loam of the Inner Coastal Plain, do not have much clay.
Elevation
The elevations in the proposed Haw River Valley viticultural area
range from 350 feet at the southeastern boundary corner to over 800
feet at the northwestern boundary corner, according to elevation maps
by John Boyer (Virginia Polytechnic Institute and State University,
2001) that the North Carolina Grape Council provided. The four
physiographic regions of North Carolina are the eastern Outer Coastal
Plain, the Inner Coastal Plain, the central Piedmont Province, and the
western Blue Ridge Province, as shown on the Physiography of North
Carolina map by M.A. Medina et al. (North Carolina Geological Survey,
Division of Land Resources, 2004).
The Haw River Valley region lies in the Piedmont Province near the
demarcation of the fall line with the Inner Coastal Plain, according to
``History and Environment of North Carolina's Piedmont Evolution of a
Value-Added Society,'' by John Rogers (University of North Carolina,
Department of Geology, 1999). Areas near the fall zone vary from 300 to
600 feet in elevation, in contrast with the approximately 1,500-foot
elevation at the foot of the Blue Ridge Mountains, as shown on the
Boyer maps.
The Piedmont Province consists of generally rolling, well rounded
hills and ridges with a difference in elevation of a few hundred feet
between the hills and valleys, according to the Boyer maps. The Inner
Coastal Plain, which has stair-step planar terraces that dip gently
toward the ocean, ranges from 25 to 600 feet in elevation, the
petitioner explains.
Climate
The climatic features that distinguish the proposed Haw River
Valley viticultural area are precipitation, air temperature, and
growing season, according to the petitioner. The Haw River Valley has
more moderate temperatures and greater precipitation than those in the
surrounding areas outside the proposed boundary line. The climate
within the Haw River Valley, which is generally similar throughout,
varies from the surrounding regions outside the proposed viticultural
area, according to data obtained from the Southeast Regional Climate
Center (SRCC) and from horticultural information leaflets by Katharine
Perry (North Carolina State University, revised December 1998).
The data from SRCC includes those from stations within and outside
of the boundary line of the proposed Haw River Valley viticultural
area, according to the petitioner. The table below lists the SRCC
weather stations consulted and the direction and distance of the
location of each weather station in relation to the Haw River Valley.
----------------------------------------------------------------------------------------------------------------
Compass direction from Haw Approximate distance from Haw River
Weather station River Valley Valley
----------------------------------------------------------------------------------------------------------------
Brookneal, Virginia...................... North....................... 84 miles.
Louisburg, North Carolina................ East........................ 52 miles.
Pinehurst, North Carolina................ South....................... 70 miles.
Mocksville, North Carolina............... West........................ 50 miles.
----------------------------------------------------------------------------------------------------------------
The air temperatures in the Haw River Valley region are generally
warmer than those in the area to the north, cooler than those in the
areas to the south and east, and similar to those in the area to the
west on the Piedmont Province, the petitioner explains using SRCC data.
The petitioner also provides, in the table below, the SRCC average
annual high and low air temperatures, snow accumulation, and rainfall
for the Haw River Valley and the areas outside the proposed boundary
line.
----------------------------------------------------------------------------------------------------------------
Average annual
Relation to the proposed Haw -------------------------------------------------------------------------------
River Valley viticultural area High air Low air
temperature temperature Snow accumulation Rainfall
----------------------------------------------------------------------------------------------------------------
Inside the boundary line........ 69.8 [deg]F....... 46.6 [deg]F....... 5.9 in............ 45.27 in.
To the north.................... 67 [deg]F......... 42 [deg]F......... 11.3 in........... 41.65 in.
To the east..................... 71.4 [deg]F....... 46 [deg]F......... 4.1 in............ 45.98 in.
To the south.................... 72.7 [deg]F....... 49.2 [deg]F....... 4.1 in............ 49.11 in.
To the west..................... 70 [deg]F......... 45.1 [deg]F....... 9.9 in............ 44.57 in.
----------------------------------------------------------------------------------------------------------------
[[Page 16804]]
According to the petitioner, the annual frost-free growing season
of the proposed Haw River Valley viticultural area runs from April 1 to
November 1 and totals 214 days. The growing season is 2 to 4 weeks
longer than that for the region to the west, and is similar to those
for the regions to the immediate south and to the east of the proposed
boundary line. The growing season length and frost-free dates fall
within the parameters for successful viticulture of vinifera, hybrid,
and Muscadine grapes, according to the ``Analysis for Viticultural
Suitability in North Carolina,'' a map prepared by John Boyer (Virginia
Polytechnic Institute and State University, 2001).
TTB Determination
TTB concludes that this petition to establish the 868-square-mile
Haw River Valley viticultural area merits consideration and public
comment as invited in this notice.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the proposed 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. If we establish this proposed viticultural area, its
name, ``Haw River Valley,'' will be recognized as a name of
viticultural significance under 27 CFR 4.39(i)(3). In addition, with
the establishment of the Haw River Valley viticultural area, the name
``Haw River'' standing alone will be considered a term of viticultural
significance because consumers and vintners could reasonably attribute
the quality, reputation, or other characteristic of wine made from
grapes grown in the proposed Haw River Valley viticultural area to the
name Haw River itself. A name has viticultural significance when
determined by a TTB officer (see 27 CFR 4.39(i)(3)). Therefore, the
proposed part 9 regulatory text set forth in this document specifies
both ``Haw River Valley'' and ``Haw River'' as terms of viticultural
significance for purposes of part 4 of the TTB regulations.
If this proposed text is adopted as a final rule, wine bottlers
using ``Haw River Valley'' or ``Haw River'' 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 or ``Haw River'' 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 label uses the name ``Haw
River Valley'' or ``Haw River'' for a wine that does not meet the 85
percent standard, the label will be subject to revocation upon the
effective date of the approval of the Haw 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.
Public Participation
Comments Invited
We invite comments from interested members of the public on whether
we should establish the proposed viticultural area. We are interested
in receiving comments on the sufficiency and accuracy of the name,
climatic, boundary and other required information submitted in support
of the petition. In addition, we are interested in receiving comments
on the proposal to identify ``Haw River'' as a term of viticultural
significance. Please provide any available specific information in
support of your comments.
Because of the potential impact of the establishment of the
proposed Haw River Valley viticultural area on wine labels that include
the words ``Haw River Valley'' or the words ``Haw River'' as discussed
above under ``Impact on Current Wine Labels,'' we are particularly
interested in comments regarding whether there will be a conflict
between the proposed viticulturally significant terms and currently
used brand names. If a commenter believes that a conflict will arise,
the comment should describe the nature of that conflict, including any
anticipated negative economic impact that approval of the proposed
viticultural area will have on an existing viticultural enterprise. We
are also interested in receiving suggestions for ways to avoid
conflicts, for example by adopting a modified or different name for the
viticultural area.
Submitting Comments
You may submit comments on this notice by using one of the
following two methods:
Federal e-Rulemaking Portal: You may electronically submit
comments on this notice through Regulations.gov, the Federal e-
rulemaking portal. A direct link to the Regulations.gov page containing
this notice and its related comment submission form is available on the
TTB Web site at https://www.ttb.gov/wine/wine_rulemaking.shtml under
Notice No. 81. You may also reach this notice and its related comment
form via the Regulatons.gov search page at https://www.regulations.gov.
Supplemental files may be attached to comments submitted via
Regulations.gov. For complete instructions on how to use
Regulations.gov, visit the site and click on ``User Guide'' under ``How
to Use this Site.''
Mail: You may send written comments to the Director,
Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade
Bureau, P.O. Box 14412, Washington, DC 20044-4412.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 81 and include your
name and mailing address. Your comments also must be made in English,
be legible, and be written in language acceptable for public
disclosure. We do not acknowledge receipt of comments, and we consider
all comments as originals.
If you are commenting on behalf of an association, business, or
other entity, your comment must include the entity's name as well as
your name and position title. If you comment via https://
www.regulations.gov, please enter the entity's name in the
``Organization'' blank of the comment form. If you comment via mail,
please submit your entity's comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to
[[Page 16805]]
determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
On the Federal e-rulemaking portal, Regulations.gov, we will post,
and you may view, copies of this notice and any electronic or mailed
comments we receive about this proposal. A direct link to the
Regulations.gov docket containing this notice and the posted comments
received on it is available on the TTB Web site at https://www.ttb.gov/
wine/wine_rulemaking.shtml under Notice No. 81. You may also reach the
docket containing this notice and the posted comments received on it
through the Regulatons.gov search page at https://www.regulations.gov.
For instructions on how to use Regulations.gov, visit the site and
click on ``User Guide'' under ``How to Use this Site.''
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including e-mail addresses. We may omit voluminous
attachments or material that we consider unsuitable for posting.
You also may view copies of this notice and any electronic or
mailed comments we receive about this proposal by appointment at the
TTB Information Resource Center, 1310 G Street, NW., Washington, DC
20220. You may also obtain copies at 20 cents per 8.5 x 11-inch page.
Contact our information specialist at the above address or by telephone
at 202-927-2400 to schedule an appointment or to request copies of
comments or other materials.
Regulatory Flexibility Act
We certify that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area 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
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866. Therefore, it requires no regulatory
assessment.
Drafting Information
N.A. Sutton of the Regulations and Rulings Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend
title 27, chapter 1, part 9, Code of Federal Regulations, 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. Amend subpart C by adding Sec. 9.-- to read as follows:
Sec. 9.-- Haw River Valley.
(a) Name. The name of the viticultural area described in this
section is ``Haw River Valley''. For purposes of part 4 of this
chapter, ``Haw River Valley'' and ``Haw River'' are terms of
viticultural significance.
(b) Approved maps. The two United States Geological Survey
1:100,000-scale metric topographic maps used to determine the boundary
of the Haw River Valley viticultural area are titled:
(1) Greensboro, North Carolina, 1984; and
(2) Chapel Hill, North Carolina, 1984.
(c) Boundary. The Haw River Valley viticultural area is located in
all of Alamance County and portions of Caswell, Chatham, Guilford,
Orange, and Rockingham Counties. The boundary of the Haw River Valley
viticultural area is as described below:
(1) Begin at a point on the Greensboro map at the intersection of
the Caswell and Orange Counties boundary line with Lynch Creek,
southeast of Corbett and the Corbett Ridge, and then proceed in a
straight line southeast 2 miles to the intersection of North Carolina
State Highway 49 and an unnamed, light-duty road, known locally as
McCulloch Road, located approximately 1 mile northeast of Carr, in west
Orange County; then
(2) Proceed in a straight line south-southwest 11.9 miles, crossing
over U.S. Interstate 85, to Buckhorn at Turkey Hill Creek in west
Orange County; then
(3) Proceed in a straight line southeast 5.2 miles, crossing onto
the Chapel Hill map, to its intersection with Dodsons Crossroad and an
unnamed, light-duty road that runs generally north-northeast-south-
southwest in west Orange County; then
(4) Proceed south-southwest on the unnamed, light-duty road 3.4
miles to its intersection with North Carolina State Highway 54, also
known as Star Route 54, east of White Cross in west Orange County; then
(5) Proceed southeast in a straight line 14.1 miles, crossing over
Terrells Mountain, Wilkinson Creek and several of its eastern
tributaries, and U.S. Route 15-501, to its intersection with an unnamed
road, known locally as Gilead Church Road, and U.S. Route 64 at
Griffins Crossroads in Chatham County; then
(6) Proceed generally west along U.S. Route 64 approximately 20.7
miles to its intersection with U.S. Route 421 in Siler City, Chatham
County; then
(7) Proceed generally northwest on U.S. Route 421 approximately 5.6
miles to its intersection with the Randolph County line, southeast of
Staley; then
(8) Proceed straight north along the Randolph County line 7.4 miles
to its intersection with the Guilford County line; then
(9) Proceed straight west along the Randolph County line 5.8 miles
to its intersection with U.S. Route 421; then
(10) Proceed in a straight line north-northwest 20.5 miles,
crossing onto the Greensboro map, to its intersection with U.S. Route
29 and North Carolina State Highway 150, between Browns Summit and
Monticello in Guilford County; then
(11) Proceed generally east and north on North Carolina State
Highway 150 approximately 4.3 miles to its intersection with North
Carolina State Highway 87, east-northeast of Williamsburg in southeast
Rockingham County; then
(12) Proceed in a straight line east-northeast 8.3 miles, crossing
over the Caswell County line to a point at the intersection of the 236-
meter elevation line, as marked on the map, and an unnamed road, known
locally as Cherry Grove Road; then
(13) Proceed east and southeast along the unnamed road, known
locally as Cherry Grove Road, 5 miles to its intersection with North
Carolina State Highway 62 at Jericho in Caswell County; then
(14) Proceed generally southeast on North Carolina State Highway 62
approximately 1.8 miles to its intersection with an unnamed road, known
locally as Bayne's Road at Anderson in Caswell County; then
[[Page 16806]]
(15) Proceed generally east on the unnamed road known locally as
Bayne's Road 2 miles to its intersection with North Carolina State
Highway 119 at Baynes in Caswell County; then
(16) Proceed generally south-southeast along North Carolina State
Highway 119 approximately 1.7 miles to its intersection with the
Caswell County line; then
(17) Proceed straight east along the Caswell County line 4.3 miles
to the beginning point.
Signed: March 1, 2008.
John J. Manfreda,
Administrator.
[FR Doc. E8-6508 Filed 3-28-08; 8:45 am]
BILLING CODE 4810-31-P