Establishment of the Swan Creek Viticultural Area (2005R-414P), 22273-22277 [E8-9106]
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Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Rules and Regulations
designed and installed to ensure that the
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Issued in Kansas City, Missouri on April
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Kim Smith,
Manager, Small Airplane Directorate, Aircraft
Certification Service.
[FR Doc. E8–9024 Filed 4–24–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2007–0012; T.D. TTB–69;
Re: Notice No. 63]
RIN 1513–AB20
Establishment of the Swan Creek
Viticultural Area (2005R–414P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
SUMMARY: This Treasury decision
establishes the ‘‘Swan Creek’’
viticultural area in Wilkes, Yadkin, and
Iredell 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.
DATES: Effective Date: May 27, 2008.
FOR FURTHER INFORMATION CONTACT: N.
A. Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville Street, No.
158, Petaluma, CA 94952; telephone
415–271–1254.
SUPPLEMENTARY INFORMATION:
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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,
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14:51 Apr 24, 2008
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among other things, prohibit consumer
deception and the use of misleading
statements on labels, and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the regulations
promulgated under the FAA Act.
Part 4 of the TTB regulations (27 CFR
part 4) allows the establishment of
definitive viticultural areas and the use
of their names as appellations of origin
on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) contains the
list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region
distinguishable by geographical
features, the boundaries of which have
been recognized and defined in part 9
of the regulations. These designations
allow vintners and consumers to
attribute a given quality, reputation, or
other characteristic of a wine made from
grapes grown in an area to its
geographical origin. The establishment
of viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area is neither an approval nor an
endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
Section 9.3(b) of the TTB regulations
requires the petition to include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
geographical features, such as climate,
elevation, physical features, and soils,
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
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• A copy of the appropriate USGS
map(s) with the proposed viticultural
area’s boundary prominently marked.
Swan Creek Viticultural Area
Background
Raffaldini Vineyards submitted a
petition to establish the 96,000-acre
‘‘Swan Creek’’ viticultural area on
behalf of the Vineyards of Swan Creek,
a trade association representing a group
of vineyards and wineries in
northwestern North Carolina. Three
wineries and 75 acres of vineyards are
located within the proposed Swan Creek
viticulture area. The boundary of the
proposed viticultural area incorporates
portions of Wilkes, Yadkin, and Iredell
Counties and includes a portion of the
established Yadkin Valley viticultural
area (27 CFR 9.174). We summarize
below the evidence submitted in
support of the petition.
Name and Boundary Evidence
The petitioner explains that the
geographical name ‘‘Swan Creek’’ refers
to a village in the approximate center of
the proposed viticultural area, as well as
a Yadkin River tributary creek system.
As shown in the southwest portion of
the provided 1:100,000-scale USGS
Winston-Salem, North Carolina
topographic map, Swan Creek village
sits in the Brushy Mountains south of
the Yadkin River. East and West Swan
Creeks run north from the mountains
before joining together as Swan Creek to
the northwest of the village. The creek
then empties into the Yadkin River
approximately three miles west of
Jonesville. Also, an undated State of
North Carolina Department of
Environment, Health, and Natural
Resources document lists Swan Creek,
West Swan Creek, and East Swan Creek
as streams in the Yadkin-Pee Dee River
Basin.
The DeLorme North Carolina Atlas
and Gazetteer identifies the village as
‘‘Swancreek,’’ with East Swan Creek and
West Swan Creek to its northwest. The
petitioner explains that both names,
‘‘Swan Creek’’ and ‘‘Swancreek,’’
reference the proposed viticultural area
region. However, the two-word spelling
is the more common usage for
businesses, roads, creeks, and historical
documents, which led the petitioner to
identify the proposed viticultural area
as ‘‘Swan Creek.’’
As further evidence of the
significance of the ‘‘Swan Creek’’ name
within the proposed area, the local
Wilkes Telephone Membership Corp.
telephone book, which covers the region
that includes the proposed viticultural
area, lists an airport, a church, and three
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businesses using ‘‘Swan Creek’’ in their
names. Also, the September 7, 2004,
minutes of a Yadkin County
Commission meeting includes a
reference to the Swan Creek area and
improvements to Swan Creek Road.
Additionally, a National Weather
Service bulletin from January 13, 2005,
warns of the possibility of a tornado in
the Swan Creek area. The name is also
repeatedly used in the ‘‘Vineyards of
Swan Creek Wine Trail’’ Web site
(https://www.swancreekvineyards.com).
The petitioner relies on geographical
and man-made elements identifiable on
the supplied USGS maps to define and
draw the boundary for the proposed
viticultural area. Climate data and
historic evidence that documents the
breadth of the ‘‘Swan Creek’’ name also
legitimize the proposed boundary line,
according to the petitioner.
From the regional history of the
Yadkin Valley, the petitioner connects
the ‘‘Swan Creek’’ name to stories of
Revolutionary War soldiers traveling
along the Yadkin River, the proposed
Swan Creek viticultural area’s northern
boundary line, while en route to the
pivotal battle at King’s Mountain in
South Carolina. Also, during the Civil
War, Union Major General George
Stoneman led troops through the Swan
Creek region to Virginia. Historic
manuscripts maintain that frontiersman
Daniel Boone homesteaded in the Swan
Creek region in the 1750s.
According to the petition, farming
become more prominent in the Swan
Creek area after the Civil War, the Swan
Creek area, and agriculture continues to
characterize this rural region. Today,
agriculture in the Swan Creek region
includes viticulture, with 75 acres
within the proposed Swan Creek
viticultural area currently dedicated to
grape growing.
Viticultural areas
Distinguishing Features
Situated in the moderate elevations of
the Brushy Mountains, and bordering
the Yadkin River on the north, the
proposed Swan Creek viticultural area’s
geographical location is responsible for
the area’s temperate climate and
Overlapping
acres
Total acres
Yadkin Valley ...................................................................................................................
Swan Creek (Proposed) ..................................................................................................
The northern 60 percent of the
proposed Swan Creek viticultural area
sits within the Yadkin Valley
viticultural area, with the remaining 40
percent south of the Yadkin Valley
viticultural area boundary line,
according to the petition maps. The
discussion below includes evidence
regarding the differences between the
established Yadkin Valley viticultural
area and the proposed Swan Creek
viticultural area, which, according to
the petitioner, justifies the proposed
boundary line.
The geology of the Swan Creek region,
along with its minor climatic variation,
also creates distinguishing viticultural
features upon which to base the
proposed Swan Creek viticultural area’s
boundary. The entire proposed
viticultural area lies within the Yadkin
River Basin. The general uniformity in
the Swan Creek region’s soils is
attributable to the natural weathering
process of the Brushy Mountains and
the Brevard Shear Zone, a major fault
system that also defines the Blue Ridge
Escarpment in the area. The
homogeneous soil within the proposed
viticultural area is unlike the varied
soils and rock types found in other parts
of the Yadkin Valley viticultural area.
The proposed Swan Creek viticultural
area boundary overlaps the established
Yadkin Valley viticultural area as
shown in the table below.
homogenous soil as compared to
surrounding areas, according to the
petitioner.
Topography
The Brushy Mountains run through
the center of the Swan Creek region,
with elevations in the proposed Swan
Creek viticultural area varying between
1,000 feet and 2,000 feet, according to
the USGS maps submitted with the
petition. Within the proposed
viticultural area the Brushy Mountains
have elevations lower than the Blue
Ridge Mountains to the west but higher
than the other surrounding areas. The
Blue Ridge Mountain region to the
immediate west of the proposed
boundary line rises to elevations of
3,000 to 5,000 feet. To the east and
south of the proposed viticultural area,
1,416,000
96,000
57,600
57,600
Climate
Both the Yadkin River, which serves
as the proposed Swan Creek viticultural
area’s northern boundary line, and that
portion of the Brushy Mountains located
within the proposed viticultural area
serve as climatically moderating
influences.
The Swan Creek region has an average
annual high temperature of 68.9 °F and
an average annual low temperature of
42.8 °F. The table below shows the
contrasting temperatures in the regions
beyond the proposed viticultural area’s
boundary line, as collected by the
Southeast Regional Climate Center
(SERCC) of the National Climatic Data
Center.
Average annual
maximum temperature in degrees Fahrenheit
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Swan Creek .................................................................................................................................................
West and northwest .....................................................................................................................................
South and east ............................................................................................................................................
Yadkin Valley ...............................................................................................................................................
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east, and slightly cooler than the Yadkin
Valley as a whole. Also, average January
temperatures of 20° F to 25° F make the
Swan Creek region less prone to Pierce’s
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4
60
the elevation drops to between 500 and
1,000 feet.
Region
The SERCC data shows that the Swan
Creek area is generally warmer than the
regions to the west and northwest,
cooler than the regions to the south and
Percent
overlapping
Average annual
minimum temperature in degrees
Fahrenheit
68.9
59.8
70.6
69.5
Disease, which adversely affects
vineyards, than the majority of the
Yadkin Valley viticultural area.
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42.8
40.4
46.6
44.8
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Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Rules and Regulations
The proposed Swan Creek viticultural
area averages 3,576 degree days of heat
accumulation annually, which puts it in
climatic region IV, according to
temperature data collected by the
SERCC. (As a measurement of heat
accumulation during the growing
season, one degree day accumulates for
each degree Fahrenheit that a day’s
mean temperature is above 50 degrees,
which is the minimum temperature
required for grapevine growth. (See
‘‘General Viticulture,’’ by Albert J.
Winkler, University of California Press,
1974.)
The surrounding areas, based on
Amerine and Winkler heat summation
definitions, include climatic regions IV
and V to the east, region V to the south,
and region I to the west-northwest.
The frost-free season of the proposed
Swan Creek viticultural area extends on
average from April 19 to October 17
annually, according to the ‘‘Average
Last Spring Frost Dates for Selected
North Carolina Locations,’’ horticulture
information leaflets (published
December 1996 and revised December
1998), by Katharine Perry, North
Carolina State University. According to
the petition, this frost-free season is
nearly identical to Surry County, which
is part of the Yadkin Valley viticultural
area located immediately northeast of
the proposed Swan Creek viticultural
area. However, southeast of the
proposed viticultural area, but also
within the Yadkin Valley viticultural
area, the Davidson County frost-free
season runs on average from March 31
to October 31, resulting in a month less
frost than in the proposed Swan Creek
viticultural area. The frost-free season
varies in counties outside the Yadkin
Valley viticultural area and the
proposed Swan Creek viticultural area,
extending three weeks longer to the east
and lasting four to six weeks less in
regions to the west and northwest.
The growing season of the proposed
Swan Creek viticultural area averages
170 to 190 days annually, according to
Perry’s ‘‘Average Growing Seasons for
Selected North Carolina Locations,’’
horticulture information leaflets
(published December 1996 and revised
December 1998). Again, this growing
season is almost identical to Surry
County, located immediately northeast
within the Yadkin Valley viticultural
area. However, according to Perry’s
data, Davidson County averages a 214day growing season annually, or
between 24 and 44 more growing days
than the proposed Swan Creek
viticultural area. Similarly, the petition
shows that Guilford County to the east
has an annual growing season of
between 199 and 210 days. Counties to
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the west and northwest of the Swan
Creek region have a significantly shorter
growing season, lasting an average of
139 to 162 days.
Precipitation
The petitioner attributes the moderate
rainfall within the proposed viticultural
area to the protective influence of the
Brushy Mountains. Rainfall within the
proposed Swan Creek viticultural area
averages 48.6 inches annually, based on
SERCC data, with the local grape
growers surveyed by the petitioner
recording less rainfall at their own
weather stations. The areas to the west
and northwest of the proposed
viticultural area average 57 inches each
year, while regions to the south and east
average 44.4 inches of rain annually.
Furthermore, snowfall within the
proposed Swan Creek viticultural area
averages 6.3 inches annually, based on
SERCC records, which is far less than
the data recorded at weather stations in
surrounding areas.
Geology
The documentation and evidence
provided for the petition by Matthew
Mayberry of the Mayberry Land
Company, Elkin, North Carolina,
indicate that the geology of the
proposed Swan Creek viticultural area is
shaped by plate tectonics and a
spectrum of uplift and erosion for the
entire Appalachian Mountains building
cycle. The Swan Creek region is part of
the larger Appalachian Mountain Range
area that has gone through at least three
cycles of uplift and erosion, with each
cycle lasting around 300 million years.
Also, the weathering and erosion cycles
created the resulting Piedmont and Blue
Ridge surfaces found in the proposed
viticultural area today.
Mr. Mayberry explains that the four
predominant rock types in the proposed
viticultural area are Henderson Gneiss,
Granite, Biotite Gneiss and Biotite
Amphibolite Gneiss, and Sillimanite
Mica Schist. These types underlay more
than 90 percent of the Swan Creek area,
with the latter three predominant in the
southern half of the area. Along the
proposed north boundary line at the
Yadkin River the predominant rock
types include Ashe Formation,
Utramafics, and Granitic Rocks of the
Crossnore Group.
Soil
The soil information in the Swan
Creek viticultural area petition is
compiled from the published soil
surveys of Wilkes, Yadkin, and Iredell
Counties in North Carolina. Roy Mathis,
Soil Specialist for Correlations, Natural
Resources Conservation Service, United
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States Department of Agriculture,
provided the soil information included
in the petition.
The areas surrounding the proposed
Swan Creek viticultural area have soils
with differing characteristics, Mr.
Mathis explains. The areas to the south
and east have high shrink-swell clayey
soils, which are less desirable for
agriculture. To the west and north are
the mountainous rocks and soils of the
encroaching Blue Ridge Mountains.
Also, the Yadkin Valley viticultural
area, which surrounds the proposed
Swan Creek viticultural area to the west,
north, and east, has a greater variety of
soil types and temperature regimes.
The proposed Swan Creek viticultural
area mesic temperature regime has soil
temperatures of 47 °F to 59 °F at the
depth of 20 inches, according to Mr.
Mathis. In comparison, the Yadkin
Valley viticultural area is in both the
mesic and thermic temperature regimes,
with much warmer soil temperatures at
the same depth that range from 59 °F to
72 °F at the same soil depth.
Mr. Mathis explains that the soils in
the proposed Swan Creek viticultural
area are primarily saprolite, a soft, clayrich soil derived from weathered felsic
(acidic) metamorphic rocks of the Inner
Piedmont Belt such as granites, schists,
and gneisses. The region includes a
small area of Sauratown Belt with the
rocks being primarily metagraywacke. In
contrast, the surrounding west and
north areas include residuum (saprolite)
weathered from felsic metamorphic
rocks such as gneisses, schists, and
phyllites of the Blue Ridge Geologic Belt
and Smith River Allochothon. The
saprolite in the surrounding area to the
east is composed of weathered igneous
intrusive rocks like granites, gabbros,
and diorites, as well as some gneisses
and schists of the Charlotte Belt.
Evard and Cowee soils, which have
moderate permeability and are welldrained with a loamy surface and subsoil layer, predominate in the Brushy
Mountains. The dominant ridge top
soils of the proposed Swan Creek
viticultural area also include the
Fairview and Clifford series. These soils
have sandy clay loam or clay loam
surface layers with red clayey sub-soils,
and are well-drained with moderate
permeability.
Rhodhiss series is the dominant soil
on the steep side slopes within the
proposed viticultural area boundary.
This well-drained soil has a loamy
surface and moderate permeability at
the sub-soil level. Mr. Mathis notes that
Fairview, Clifford, and Rhodhiss soils
all have bedrock deeper than 60 inches.
The Yadkin River, at the northern
boundary of the proposed Swan Creek
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Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Rules and Regulations
viticultural area, has alluvial soil
diversity with textures and drainage. In
general, most of the proposed Swan
Creek viticultural area soils are acidic
and low in natural fertility.
Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 63
regarding the proposed Swan Creek
viticultural area in the Federal Register
on September 12, 2006 (71 FR 53612).
In response to that notice, we received
one comment supporting establishment
of the proposed Swan Creek viticultural
area from U.S. Representative Virginia
Foxx of North Carolina.
TTB Finding
After careful review of the petition,
TTB finds that the evidence submitted
supports the establishment of the
proposed viticultural area. Although a
portion of the proposed viticultural area
falls within the boundary of the existing
Yadkin Valley viticultural area, and
notwithstanding the fact that the two
areas share some common features, we
believe that the submitted evidence
regarding climate and soil type and
temperature supports the conclusion
that the proposed new viticultural area
is sufficiently different from the rest of
the Yadkin Valley viticultural area. We
also believe that establishment of the
new viticultural area without changing
the boundary of the existing viticultural
area to exclude the overlap area would
best protect labels and other commercial
interests of existing viticultural entities
within the overlap area. Accordingly,
under the authority of the Federal
Alcohol Administration Act and part 4
of our regulations, we establish the
‘‘Swan Creek’’ American viticultural
area in Wilkes, Yadkin, and Iredell
Counties, North Carolina, effective 30
days from the publication date of this
document.
Boundary Description
See the narrative boundary
description of the viticultural area in the
regulatory text published at the end of
this document.
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Maps
The maps for determining the
boundary of the viticultural area are
listed below in the regulatory text.
14:51 Apr 24, 2008
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Regulatory Flexibility Act
We certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
This regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name is the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. With the
establishment of this viticultural area
and its inclusion in part 9 of the TTB
regulations, its name, ‘‘Swan Creek,’’ is
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recognized under 27 CFR 4.39(i)(3) as a
name of viticultural significance. The
text of the new regulation clarifies this
point. Consequently, wine bottlers using
‘‘Swan Creek’’ in a brand name,
including a trademark, or in another
label reference as to the origin of the
wine, must ensure that the product is
eligible to use the viticultural area’s
name as an appellation of origin.
For a wine to be labeled with a
viticultural area name or with a brand
name that includes a viticultural area
name or other term specified as having
viticultural significance 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 to use the viticultural area name
or other term of viticultural significance
as an appellation of origin and that
name or other 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 term of viticultural
significance 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 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.
This 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
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The Regulatory Amendment
For the reasons discussed in the
preamble, we amend title 27 CFR,
chapter 1, part 9, as follows:
I
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
I
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Amend subpart C by adding § 9.211
to read as follows:
I
§ 9.211
Swan Creek.
(a) Name. The name of the viticultural
area described in this section is ‘‘Swan
Creek’’. For purposes of part 4 of this
chapter, ‘‘Swan Creek’’ is a term of
viticultural significance.
(b) Approved Maps. The appropriate
maps for determining the boundaries of
the Swan Creek viticultural area are
three United States Geological Survey
(USGS) 1:100,000 scale topographic
maps. They are titled:
(1) Winston-Salem, North Carolina,
1984, photoinspected 1982;
(2) Boone, North Carolina-Tennessee,
1985; and
(3) Salisbury, North Carolina, 1985,
photoinspected 1983.
(c) Boundary. The Swan Creek
viticultural area is located in Wilkes,
Yadkin, and Iredell Counties, North
Carolina. The boundary of the Swan
Creek viticultural area is as described
below:
(1) The beginning point is on the
Winston-Salem, North Carolina map at
the intersection of the Yadkin River and
U.S. Highway 21, along the SurryYadkin county line, between Elkin and
Jonesville;
(2) From the beginning point, proceed
24.6 miles generally south on U.S.
Highway 21, crossing onto the
Salisbury, North Carolina map, to the
intersection of U.S. Highway 21 with
Rocky Creek at Turnersburg; then
(3) Proceed 12.3 miles generally north
and west along Rocky Creek, returning
to the Winston-Salem map, to the
intersection of Rocky Creek with State
Highway 115 at New Hope in the
southwest corner of the map; then
(4) Proceed 15.5 miles generally
northwest along State Highway 115,
crossing onto the Boone, North
Carolina-Tennessee map, to the
intersection of State Highway 115 and
the Yadkin River, at North Wilkesboro;
and
(5) Proceed 16.7 miles generally eastnortheast along the Yadkin River,
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crossing onto the Winston-Salem map,
and return to the beginning point.
Signed: January 18, 2008.
John J. Manfreda,
Administrator.
Approved: March 13, 2008.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. E8–9106 Filed 4–24–08; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2008–0001]
Drawbridge Operation Regulations;
Chelsea River, Chelsea and East
Boston, MA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
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ACTION:
SUMMARY: The Commander, First Coast
Guard District, has issued a temporary
deviation from the regulation governing
the operation of the P.J. McArdle Bridge
across the Chelsea River, mile 0.3,
between Chelsea and East Boston,
Massachusetts. This deviation is
necessary to facilitate the annual
Chelsea River Revel and 5K Road Race.
This deviation allows the bridge to
remain in the closed position during the
running of the 5K Road Race. Vessels
that can pass under the draw without a
bridge opening may do so at all times.
DATES: This deviation is effective from
8 a.m. through 5 p.m. on June 14, 2008.
ADDRESSES: Documents indicated in this
preamble as being available in the
docket are part of docket USCG–2008–
0001 and are available online at
www.regulations.gov. They are also
available for inspection or copying at
two locations: The Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays,
and the First Coast Guard District,
Bridge Branch Office, 408 Atlantic
Avenue, Boston, Massachusetts 02110,
between 7 a.m. and 3 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: John
McDonald, Project Officer, First Coast
Guard District, at (617) 223–8364.
SUPPLEMENTARY INFORMATION: The owner
of the bridge, the City of Boston,
VerDate Aug<31>2005
14:51 Apr 24, 2008
Jkt 214001
requested this temporary deviation. The
P.J. McArdle Bridge, across the Chelsea
River at mile 0.3, between Chelsea and
East Boston, Massachusetts, has a
vertical clearance in the closed position
of 21 feet at mean high water and 30 feet
at mean low water. The bridge opens on
signal as required by 33 CFR 117.593.
This deviation which allows the bridge
to remain closed is effective from 8 a.m.
through 5 p.m. on June 14, 2008. Vessels
able to pass under the closed draw may
do so at any time. Tankers, and tug and
barge units transit Chelsea Creek under
the McArdle Bridge. Waterway users
were advised of the requested bridge
closure period and offered no objection.
In accordance with 33 CFR 117.35(e),
the bridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: April 17, 2008.
Gary Kassof,
Bridge Program Manager, First Coast Guard
District.
[FR Doc. E8–8993 Filed 4–24–08; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 79
[EPA–HQ–OAR–2007–0071; FRL–8557–8]
RIN 2060–AN94
Regulation of Fuels and Fuel
Additives: Revised Definition of
Substantially Similar Rule for Alaska
Environmental Protection
Agency (EPA).
ACTION: Direct final interpretive rule.
AGENCY:
SUMMARY: EPA is taking direct final
action to revise an interpretive rule
defining the term ‘‘substantially
similar’’ for unleaded gasoline as that
phrase is used in section 211(f) of the
Clean Air Act (the Act). To meet the
current definition, fuel or fuel additives
must possess, at the time of
manufacture, all of the physical and
chemical characteristics of an unleaded
gasoline as specified in ASTM Standard
D 4814–88 for at least one of the
Seasonal and Geographical Volatility
Classes specified in the standard. EPA is
amending the definition to allow some
additional flexibility for the vapor/
liquid ratio specification for fuel
introduced into commerce in the state of
Alaska in order to improve cold starting
for vehicles during the winter months in
Alaska.
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
22277
This rule is effective on June 24,
2008 without further notice, unless EPA
receives adverse comment by May 27,
2008. If EPA receives adverse comment,
we will publish a timely withdrawal in
the Federal Register informing the
public that the rule will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OAR–2007–0071, by one of the
following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
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Environmental Protection Agency,
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DC, Attention Air Docket ID No. EPA–
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Instructions: Direct your comments to
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received will be included in the public
docket without change and may be
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Do not submit information that you
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site is an ‘‘anonymous access’’ system,
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DATES:
E:\FR\FM\25APR1.SGM
25APR1
]]>Agencies
[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Rules and Regulations]
[Pages 22273-22277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9106]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2007-0012; T.D. TTB-69; Re: Notice No. 63]
RIN 1513-AB20
Establishment of the Swan Creek Viticultural Area (2005R-414P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This Treasury decision establishes the ``Swan Creek''
viticultural area in Wilkes, Yadkin, and Iredell 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.
DATES: Effective Date: May 27, 2008.
FOR FURTHER INFORMATION CONTACT: N. A. Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville
Street, No. 158, Petaluma, CA 94952; telephone 415-271-1254.
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 geographical origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area is
neither an approval nor an endorsement by TTB of the wine produced in
that area.
Requirements
Section 4.25(e)(2) of the TTB regulations outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a 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 geographical features, such as
climate, elevation, physical features, and soils, 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.
Swan Creek Viticultural Area
Background
Raffaldini Vineyards submitted a petition to establish the 96,000-
acre ``Swan Creek'' viticultural area on behalf of the Vineyards of
Swan Creek, a trade association representing a group of vineyards and
wineries in northwestern North Carolina. Three wineries and 75 acres of
vineyards are located within the proposed Swan Creek viticulture area.
The boundary of the proposed viticultural area incorporates portions of
Wilkes, Yadkin, and Iredell Counties and includes a portion of the
established Yadkin Valley viticultural area (27 CFR 9.174). We
summarize below the evidence submitted in support of the petition.
Name and Boundary Evidence
The petitioner explains that the geographical name ``Swan Creek''
refers to a village in the approximate center of the proposed
viticultural area, as well as a Yadkin River tributary creek system. As
shown in the southwest portion of the provided 1:100,000-scale USGS
Winston-Salem, North Carolina topographic map, Swan Creek village sits
in the Brushy Mountains south of the Yadkin River. East and West Swan
Creeks run north from the mountains before joining together as Swan
Creek to the northwest of the village. The creek then empties into the
Yadkin River approximately three miles west of Jonesville. Also, an
undated State of North Carolina Department of Environment, Health, and
Natural Resources document lists Swan Creek, West Swan Creek, and East
Swan Creek as streams in the Yadkin-Pee Dee River Basin.
The DeLorme North Carolina Atlas and Gazetteer identifies the
village as ``Swancreek,'' with East Swan Creek and West Swan Creek to
its northwest. The petitioner explains that both names, ``Swan Creek''
and ``Swancreek,'' reference the proposed viticultural area region.
However, the two-word spelling is the more common usage for businesses,
roads, creeks, and historical documents, which led the petitioner to
identify the proposed viticultural area as ``Swan Creek.''
As further evidence of the significance of the ``Swan Creek'' name
within the proposed area, the local Wilkes Telephone Membership Corp.
telephone book, which covers the region that includes the proposed
viticultural area, lists an airport, a church, and three
[[Page 22274]]
businesses using ``Swan Creek'' in their names. Also, the September 7,
2004, minutes of a Yadkin County Commission meeting includes a
reference to the Swan Creek area and improvements to Swan Creek Road.
Additionally, a National Weather Service bulletin from January 13,
2005, warns of the possibility of a tornado in the Swan Creek area. The
name is also repeatedly used in the ``Vineyards of Swan Creek Wine
Trail'' Web site (https://www.swancreekvineyards.com).
The petitioner relies on geographical and man-made elements
identifiable on the supplied USGS maps to define and draw the boundary
for the proposed viticultural area. Climate data and historic evidence
that documents the breadth of the ``Swan Creek'' name also legitimize
the proposed boundary line, according to the petitioner.
From the regional history of the Yadkin Valley, the petitioner
connects the ``Swan Creek'' name to stories of Revolutionary War
soldiers traveling along the Yadkin River, the proposed Swan Creek
viticultural area's northern boundary line, while en route to the
pivotal battle at King's Mountain in South Carolina. Also, during the
Civil War, Union Major General George Stoneman led troops through the
Swan Creek region to Virginia. Historic manuscripts maintain that
frontiersman Daniel Boone homesteaded in the Swan Creek region in the
1750s.
According to the petition, farming become more prominent in the
Swan Creek area after the Civil War, the Swan Creek area, and
agriculture continues to characterize this rural region. Today,
agriculture in the Swan Creek region includes viticulture, with 75
acres within the proposed Swan Creek viticultural area currently
dedicated to grape growing.
The geology of the Swan Creek region, along with its minor climatic
variation, also creates distinguishing viticultural features upon which
to base the proposed Swan Creek viticultural area's boundary. The
entire proposed viticultural area lies within the Yadkin River Basin.
The general uniformity in the Swan Creek region's soils is attributable
to the natural weathering process of the Brushy Mountains and the
Brevard Shear Zone, a major fault system that also defines the Blue
Ridge Escarpment in the area. The homogeneous soil within the proposed
viticultural area is unlike the varied soils and rock types found in
other parts of the Yadkin Valley viticultural area.
The proposed Swan Creek viticultural area boundary overlaps the
established Yadkin Valley viticultural area as shown in the table
below.
----------------------------------------------------------------------------------------------------------------
Overlapping Percent
Viticultural areas Total acres acres overlapping
----------------------------------------------------------------------------------------------------------------
Yadkin Valley............................................. 1,416,000 57,600 4
Swan Creek (Proposed)..................................... 96,000 57,600 60
----------------------------------------------------------------------------------------------------------------
The northern 60 percent of the proposed Swan Creek viticultural
area sits within the Yadkin Valley viticultural area, with the
remaining 40 percent south of the Yadkin Valley viticultural area
boundary line, according to the petition maps. The discussion below
includes evidence regarding the differences between the established
Yadkin Valley viticultural area and the proposed Swan Creek
viticultural area, which, according to the petitioner, justifies the
proposed boundary line.
Distinguishing Features
Situated in the moderate elevations of the Brushy Mountains, and
bordering the Yadkin River on the north, the proposed Swan Creek
viticultural area's geographical location is responsible for the area's
temperate climate and homogenous soil as compared to surrounding areas,
according to the petitioner.
Topography
The Brushy Mountains run through the center of the Swan Creek
region, with elevations in the proposed Swan Creek viticultural area
varying between 1,000 feet and 2,000 feet, according to the USGS maps
submitted with the petition. Within the proposed viticultural area the
Brushy Mountains have elevations lower than the Blue Ridge Mountains to
the west but higher than the other surrounding areas. The Blue Ridge
Mountain region to the immediate west of the proposed boundary line
rises to elevations of 3,000 to 5,000 feet. To the east and south of
the proposed viticultural area, the elevation drops to between 500 and
1,000 feet.
Climate
Both the Yadkin River, which serves as the proposed Swan Creek
viticultural area's northern boundary line, and that portion of the
Brushy Mountains located within the proposed viticultural area serve as
climatically moderating influences.
The Swan Creek region has an average annual high temperature of
68.9 [deg]F and an average annual low temperature of 42.8 [deg]F. The
table below shows the contrasting temperatures in the regions beyond
the proposed viticultural area's boundary line, as collected by the
Southeast Regional Climate Center (SERCC) of the National Climatic Data
Center.
------------------------------------------------------------------------
Average annual Average annual
maximum minimum
Region temperature in temperature in
degrees degrees
Fahrenheit Fahrenheit
------------------------------------------------------------------------
Swan Creek........................ 68.9 42.8
West and northwest................ 59.8 40.4
South and east.................... 70.6 46.6
Yadkin Valley..................... 69.5 44.8
------------------------------------------------------------------------
The SERCC data shows that the Swan Creek area is generally warmer
than the regions to the west and northwest, cooler than the regions to
the south and east, and slightly cooler than the Yadkin Valley as a
whole. Also, average January temperatures of 20[deg] F to 25[deg] F
make the Swan Creek region less prone to Pierce's Disease, which
adversely affects vineyards, than the majority of the Yadkin Valley
viticultural area.
[[Page 22275]]
The proposed Swan Creek viticultural area averages 3,576 degree
days of heat accumulation annually, which puts it in climatic region
IV, according to temperature data collected by the SERCC. (As a
measurement of heat accumulation during the growing season, one degree
day accumulates for each degree Fahrenheit that a day's mean
temperature is above 50 degrees, which is the minimum temperature
required for grapevine growth. (See ``General Viticulture,'' by Albert
J. Winkler, University of California Press, 1974.)
The surrounding areas, based on Amerine and Winkler heat summation
definitions, include climatic regions IV and V to the east, region V to
the south, and region I to the west-northwest.
The frost-free season of the proposed Swan Creek viticultural area
extends on average from April 19 to October 17 annually, according to
the ``Average Last Spring Frost Dates for Selected North Carolina
Locations,'' horticulture information leaflets (published December 1996
and revised December 1998), by Katharine Perry, North Carolina State
University. According to the petition, this frost-free season is nearly
identical to Surry County, which is part of the Yadkin Valley
viticultural area located immediately northeast of the proposed Swan
Creek viticultural area. However, southeast of the proposed
viticultural area, but also within the Yadkin Valley viticultural area,
the Davidson County frost-free season runs on average from March 31 to
October 31, resulting in a month less frost than in the proposed Swan
Creek viticultural area. The frost-free season varies in counties
outside the Yadkin Valley viticultural area and the proposed Swan Creek
viticultural area, extending three weeks longer to the east and lasting
four to six weeks less in regions to the west and northwest.
The growing season of the proposed Swan Creek viticultural area
averages 170 to 190 days annually, according to Perry's ``Average
Growing Seasons for Selected North Carolina Locations,'' horticulture
information leaflets (published December 1996 and revised December
1998). Again, this growing season is almost identical to Surry County,
located immediately northeast within the Yadkin Valley viticultural
area. However, according to Perry's data, Davidson County averages a
214-day growing season annually, or between 24 and 44 more growing days
than the proposed Swan Creek viticultural area. Similarly, the petition
shows that Guilford County to the east has an annual growing season of
between 199 and 210 days. Counties to the west and northwest of the
Swan Creek region have a significantly shorter growing season, lasting
an average of 139 to 162 days.
Precipitation
The petitioner attributes the moderate rainfall within the proposed
viticultural area to the protective influence of the Brushy Mountains.
Rainfall within the proposed Swan Creek viticultural area averages 48.6
inches annually, based on SERCC data, with the local grape growers
surveyed by the petitioner recording less rainfall at their own weather
stations. The areas to the west and northwest of the proposed
viticultural area average 57 inches each year, while regions to the
south and east average 44.4 inches of rain annually.
Furthermore, snowfall within the proposed Swan Creek viticultural
area averages 6.3 inches annually, based on SERCC records, which is far
less than the data recorded at weather stations in surrounding areas.
Geology
The documentation and evidence provided for the petition by Matthew
Mayberry of the Mayberry Land Company, Elkin, North Carolina, indicate
that the geology of the proposed Swan Creek viticultural area is shaped
by plate tectonics and a spectrum of uplift and erosion for the entire
Appalachian Mountains building cycle. The Swan Creek region is part of
the larger Appalachian Mountain Range area that has gone through at
least three cycles of uplift and erosion, with each cycle lasting
around 300 million years. Also, the weathering and erosion cycles
created the resulting Piedmont and Blue Ridge surfaces found in the
proposed viticultural area today.
Mr. Mayberry explains that the four predominant rock types in the
proposed viticultural area are Henderson Gneiss, Granite, Biotite
Gneiss and Biotite Amphibolite Gneiss, and Sillimanite Mica Schist.
These types underlay more than 90 percent of the Swan Creek area, with
the latter three predominant in the southern half of the area. Along
the proposed north boundary line at the Yadkin River the predominant
rock types include Ashe Formation, Utramafics, and Granitic Rocks of
the Crossnore Group.
Soil
The soil information in the Swan Creek viticultural area petition
is compiled from the published soil surveys of Wilkes, Yadkin, and
Iredell Counties in North Carolina. Roy Mathis, Soil Specialist for
Correlations, Natural Resources Conservation Service, United States
Department of Agriculture, provided the soil information included in
the petition.
The areas surrounding the proposed Swan Creek viticultural area
have soils with differing characteristics, Mr. Mathis explains. The
areas to the south and east have high shrink-swell clayey soils, which
are less desirable for agriculture. To the west and north are the
mountainous rocks and soils of the encroaching Blue Ridge Mountains.
Also, the Yadkin Valley viticultural area, which surrounds the proposed
Swan Creek viticultural area to the west, north, and east, has a
greater variety of soil types and temperature regimes.
The proposed Swan Creek viticultural area mesic temperature regime
has soil temperatures of 47 [deg]F to 59 [deg]F at the depth of 20
inches, according to Mr. Mathis. In comparison, the Yadkin Valley
viticultural area is in both the mesic and thermic temperature regimes,
with much warmer soil temperatures at the same depth that range from 59
[deg]F to 72 [deg]F at the same soil depth.
Mr. Mathis explains that the soils in the proposed Swan Creek
viticultural area are primarily saprolite, a soft, clay-rich soil
derived from weathered felsic (acidic) metamorphic rocks of the Inner
Piedmont Belt such as granites, schists, and gneisses. The region
includes a small area of Sauratown Belt with the rocks being primarily
metagraywacke. In contrast, the surrounding west and north areas
include residuum (saprolite) weathered from felsic metamorphic rocks
such as gneisses, schists, and phyllites of the Blue Ridge Geologic
Belt and Smith River Allochothon. The saprolite in the surrounding area
to the east is composed of weathered igneous intrusive rocks like
granites, gabbros, and diorites, as well as some gneisses and schists
of the Charlotte Belt.
Evard and Cowee soils, which have moderate permeability and are
well-drained with a loamy surface and sub-soil layer, predominate in
the Brushy Mountains. The dominant ridge top soils of the proposed Swan
Creek viticultural area also include the Fairview and Clifford series.
These soils have sandy clay loam or clay loam surface layers with red
clayey sub-soils, and are well-drained with moderate permeability.
Rhodhiss series is the dominant soil on the steep side slopes
within the proposed viticultural area boundary. This well-drained soil
has a loamy surface and moderate permeability at the sub-soil level.
Mr. Mathis notes that Fairview, Clifford, and Rhodhiss soils all have
bedrock deeper than 60 inches.
The Yadkin River, at the northern boundary of the proposed Swan
Creek
[[Page 22276]]
viticultural area, has alluvial soil diversity with textures and
drainage. In general, most of the proposed Swan Creek viticultural area
soils are acidic and low in natural fertility.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 63 regarding the proposed Swan Creek
viticultural area in the Federal Register on September 12, 2006 (71 FR
53612). In response to that notice, we received one comment supporting
establishment of the proposed Swan Creek viticultural area from U.S.
Representative Virginia Foxx of North Carolina.
TTB Finding
After careful review of the petition, TTB finds that the evidence
submitted supports the establishment of the proposed viticultural area.
Although a portion of the proposed viticultural area falls within the
boundary of the existing Yadkin Valley viticultural area, and
notwithstanding the fact that the two areas share some common features,
we believe that the submitted evidence regarding climate and soil type
and temperature supports the conclusion that the proposed new
viticultural area is sufficiently different from the rest of the Yadkin
Valley viticultural area. We also believe that establishment of the new
viticultural area without changing the boundary of the existing
viticultural area to exclude the overlap area would best protect labels
and other commercial interests of existing viticultural entities within
the overlap area. Accordingly, under the authority of the Federal
Alcohol Administration Act and part 4 of our regulations, we establish
the ``Swan Creek'' American viticultural area in Wilkes, Yadkin, and
Iredell Counties, North Carolina, effective 30 days from the
publication date of this document.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this document.
Maps
The maps for determining the boundary of the viticultural area are
listed below in the regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. With the establishment of this viticultural area and
its inclusion in part 9 of the TTB regulations, its name, ``Swan
Creek,'' is recognized under 27 CFR 4.39(i)(3) as a name of
viticultural significance. The text of the new regulation clarifies
this point. Consequently, wine bottlers using ``Swan Creek'' in a brand
name, including a trademark, or in another label reference as to the
origin of the wine, must ensure that the product is eligible to use the
viticultural area's name as an appellation of origin.
For a wine to be labeled with a viticultural area name or with a
brand name that includes a viticultural area name or other term
specified as having viticultural significance 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 to use the viticultural area
name or other term of viticultural significance as an appellation of
origin and that name or other 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 term of viticultural significance 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 a
viticultural area name or other term of viticultural significance that
was used as a brand name on a label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities. This
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is the result of a proprietor's efforts and
consumer acceptance of wines from that area. Therefore, no regulatory
flexibility analysis is required.
Executive Order 12866
This rule is not a significant regulatory action as defined by
Executive Order 12866. Therefore, it requires no regulatory assessment.
Drafting Information
N. A. Sutton of the Regulations and Rulings Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend title 27 CFR,
chapter 1, part 9, 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. Amend subpart C by adding Sec. 9.211 to read as follows:
Sec. 9.211 Swan Creek.
(a) Name. The name of the viticultural area described in this
section is ``Swan Creek''. For purposes of part 4 of this chapter,
``Swan Creek'' is a term of viticultural significance.
(b) Approved Maps. The appropriate maps for determining the
boundaries of the Swan Creek viticultural area are three United States
Geological Survey (USGS) 1:100,000 scale topographic maps. They are
titled:
(1) Winston-Salem, North Carolina, 1984, photoinspected 1982;
(2) Boone, North Carolina-Tennessee, 1985; and
(3) Salisbury, North Carolina, 1985, photoinspected 1983.
(c) Boundary. The Swan Creek viticultural area is located in
Wilkes, Yadkin, and Iredell Counties, North Carolina. The boundary of
the Swan Creek viticultural area is as described below:
(1) The beginning point is on the Winston-Salem, North Carolina map
at the intersection of the Yadkin River and U.S. Highway 21, along the
Surry-Yadkin county line, between Elkin and Jonesville;
(2) From the beginning point, proceed 24.6 miles generally south on
U.S. Highway 21, crossing onto the Salisbury, North Carolina map, to
the intersection of U.S. Highway 21 with Rocky Creek at Turnersburg;
then
(3) Proceed 12.3 miles generally north and west along Rocky Creek,
returning to the Winston-Salem map, to the intersection of Rocky Creek
with State Highway 115 at New Hope in the southwest corner of the map;
then
(4) Proceed 15.5 miles generally northwest along State Highway 115,
crossing onto the Boone, North Carolina-Tennessee map, to the
intersection of State Highway 115 and the Yadkin River, at North
Wilkesboro; and
(5) Proceed 16.7 miles generally east-northeast along the Yadkin
River,
[[Page 22277]]
crossing onto the Winston-Salem map, and return to the beginning point.
Signed: January 18, 2008.
John J. Manfreda,
Administrator.
Approved: March 13, 2008.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. E8-9106 Filed 4-24-08; 8:45 am]
BILLING CODE 4810-31-P
