Proposed Establishment of the Upper Hiwassee Highlands Viticultural Area, 41891-41898 [2013-16725]
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Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Proposed Rules
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
Section 106 describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it would
amend controlled airspace at Mandan
Municipal Airport, Mandan, ND.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1E,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR Part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
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■
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9W,
Airspace Designations and Reporting
Points, dated August 8, 2012, and
effective September 15, 2012, is
amended as follows:
■
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Paragraph 6005: Class E Airspace areas
extending upward from 700 feet or more
above the surface of the earth.
*
*
*
*
*
AGL ND E5 Mandan, ND [Amended]
Mandan Municipal Airport, ND
(Lat. 46°46′05″ N., long. 100°53′40″ W.)
That airspace extending upward from 700
feet above the surface within a 9.6-mile
radius of Mandan Municipal Airport, and
that airspace extending upward from 1,200
feet above the surface within a 30-mile radius
of lat. 46°35′58″ N., long. 100°43′26″ W.
Issued in Fort Worth, TX on July 8, 2013.
David P. Medina,
Manager, Operations Support Group, ATO
Central Service Center.
[FR Doc. 2013–16439 Filed 7–11–13; 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–2013–0008: Notice No.
139]
RIN 1513–AC02
Proposed Establishment of the Upper
Hiwassee Highlands Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of Proposed Rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 692-square
mile ‘‘Upper Hiwassee Highlands’’
viticultural area in Cherokee and Clay
Counties, North Carolina, and Towns,
Union, and Fannin Counties, Georgia.
The proposed viticultural area does not
lie within or contain any other
established viticultural area. TTB
designates viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
better identify wines they may
purchase. TTB invites comments on this
proposed addition to its regulations.
DATES: Comments must be received by
September 10, 2013.
ADDRESSES: Please send your comments
on this notice to one of the following
addresses (please note that TTB has a
new address for comments submitted by
U.S. mail):
• Internet: https://www.regulations.gov
(via the online comment form for this
notice as posted within Docket No.
TTB–2013–0008 at ‘‘Regulations.gov,’’
the Federal e-rulemaking portal);
• U.S. Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
SUMMARY:
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41891
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005; or
• Hand Delivery/Courier In Lieu of
Mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Suite
200–E, Washington, DC 20005.
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,
selected supporting materials, and any
comments that TTB receives about this
proposal at https://www.regulations.gov
within Docket No. TTB–2013–0008. A
link to that docket is posted on the TTB
Web site at https://www.ttb.gov/wine/
wine-rulemaking.shtml under Notice
No. 139. You also may view copies of
this notice, all related petitions, maps,
and other supporting materials, and any
comments that TTB receives about this
proposal by appointment at the TTB
Information Resource Center, 1310 G
Street NW., Washington, DC 20005.
Please call 202–453–2270 to make an
appointment.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW., Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels, and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated various
authorities through Treasury
Department Order 120–01 (Revised),
dated January 21, 2003, to the TTB
Administrator to perform the functions
and duties in the administration and
enforcement of this law.
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
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advertisements. Part 9 of the TTB
regulations (27 CFR part 9) sets forth
standards for the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas and lists the
approved American 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 having
distinguishing features as described in
part 9 of the regulations and a name and
a delineated boundary as established 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.
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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 9.12 of the TTB regulations (27
CFR 9.12) prescribes standards for
petitions for the establishment or
modification of American viticultural
areas. Petitions to establish a viticultural
area must include the following:
• Evidence that the area within the
proposed viticultural area boundary is
nationally or locally known by the
viticultural area name specified in the
petition;
• An explanation of the basis for
defining the boundary of the proposed
viticultural area;
• A narrative description of the
features of the proposed viticultural area
that affect viticulture, such as climate,
geology, soils, physical features, and
elevation, that make the proposed
viticultural area distinctive and
distinguish it from adjacent areas
outside the proposed viticultural area
boundary;
• A copy of the appropriate United
States Geological Survey (USGS) map(s)
showing the location of the proposed
viticultural area, with the boundary of
the proposed viticultural area clearly
drawn thereon; and
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• A detailed narrative description of
the proposed viticultural area boundary
based on USGS map markings.
Upper Hiwassee Highlands Petition
TTB received a petition from Eric
Carlson, owner of Calaboose Cellars, on
behalf of himself and members of the
Vineyard and Winery Operators of the
Upper Hiwassee River Basin group,
proposing the establishment of the
approximately 690-square mile ‘‘Upper
Hiwassee Highlands’’ American
viticultural area. The proposed
viticultural area is located in portions of
Cherokee and Clay Counties, North
Carolina, and Towns, Union, and
Fannin Counties, Georgia. The petition
states that 26 commercial vineyards are
located throughout the proposed
viticultural area, growing approximately
54 acres of French-American hybrids,
American grape varieties, and Vitis
vinifera. According to the petition,
present vineyard operators estimate they
will expand their plantings by an
additional 75.5 acres within the next 5
years. Two new vineyards are also in
the planning stages and are expected to
add an additional 16 acres to the total
acreage by the end of 2013. Five
wineries operate within the proposed
viticultural area, and 4 additional
wineries are in the planning stages and
expected to open by 2014.
According to the petition, the
distinguishing features of the proposed
Upper Hiwassee Highlands viticultural
area include topography, temperature,
and soils. Unless otherwise noted, all
information and data pertaining to the
proposed viticultural area contained in
this document are from the petition for
the proposed Upper Hiwassee
Highlands viticultural area and its
supporting exhibits.
Name Evidence
The proposed Upper Hiwassee
Highlands viticultural area is located in
the southern Appalachian Mountains in
portions of southwestern North Carolina
and northwestern Georgia. According to
the petition, ‘‘highland’’ and
‘‘highlands’’ are traditional terms used
to describe the high, rugged, regions of
the southern portion of the
Appalachians and are terms used by
businesses and organizations within the
proposed viticultural area. For example,
the Southern Highland Craft Guild
sponsors juried memberships to
craftspeople in counties within the
Appalachian Mountain areas of nine
States, including all five counties within
the proposed Upper Hiwassee
Highlands viticultural area. The
Southern Highlands Attractions
organization hosts a Web page featuring
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travel attractions in the Appalachian
regions of Virginia, Tennessee, North
Carolina, and Georgia and includes
locations within the proposed
viticultural area (see
www.southernhighlands.org).
Additionally, an Internet search by TTB
found the Blue Ridge Highlander online
magazine and travel guide, which
features events and entertainment
venues within the Blue Ridge Mountain
region, including the annual Taste of the
Southern Highlands event in Hiawassee,
Georgia, which is located within the
proposed viticultural area (see
www.blueridgehighlander.com.)
Because the word ‘‘highlands’’ applies
to a very broad region of the
Appalachian Mountains, the petitioner
chose to add the term ‘‘Upper
Hiwassee’’ to the name of the proposed
viticultural area to distinguish it
geographically from the larger
Appalachian region. The term ‘‘Upper
Hiwassee’’ refers to the proposed
viticultural area’s location along the
upper portions of the Hiwassee River,
from the river’s headwaters in Towns
County, Georgia, to the Hiwassee Dam
on Hiwassee Lake in Cherokee County,
North Carolina. The portion of the river
that flows north of the dam, outside the
proposed viticultural area, is often
referred to as the ‘‘lower’’ river.
The name ‘‘Hiwassee’’ and its variant
‘‘Hiawassee’’ are used throughout the
region of the proposed viticultural area.
The town of Hiawassee, Georgia, is
located within the proposed viticultural
area in Towns County and is near the
headwaters of the Hiwassee River. The
Hiwassee River Watershed Coalition is a
nonprofit organization whose mission is
to facilitate water quality in streams and
lakes ‘‘throughout the upper Hiwassee
River watershed within Cherokee and
Clay counties in North Carolina and
Towns and Union counties in north
Georgia.’’ (See www.hrwc.net). The
Hiwassee River Basin Directory is an
online source of news and information
for southwestern North Carolina,
northwestern Georgia, southeastern
Tennessee, including the region within
the proposed Upper Hiwassee
Highlands viticultural area (see
www.hiwassee.us). The Hiwassee River
Valley Kennel Club is located in
Murphy, North Carolina, within the
proposed viticultural area. Finally, a
search by TTB of the USGS’s
Geographical Names Information
System (GNIS; https://
geonames.usgs.gov/) found
13 locations and populated places
within the proposed viticultural area
that use the name ‘‘Hiwassee,’’
including a church and a mountain
ridge in Towns County, Georgia, and a
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school, fire department, dam, and
cemetery in Cherokee County, North
Carolina.
Boundary Evidence
The proposed Upper Hiwassee
Highlands viticultural area is a broad
basin surrounded by high mountains.
The Hiwassee River flows in a
northwesterly direction through the
proposed viticultural area, and the
proposed boundary approximates the
boundary of the watershed for the upper
portion of the river.
The northern, eastern, and southern
portions of the proposed boundary
follow the 2,400-foot elevation contour
line, which was chosen because the
highest vineyards within the proposed
viticultural area are planted at
elevations between 2,000 and 2,400 feet;
above 2,400 feet, the climate and terrain
is generally too steep and cold for
commercial viticulture. The 2,400-foot
elevation contour line also separates the
lower elevations of the upper Hiwassee
River watershed from the higher
elevations of the Unicoi and Snowbird
Mountains to the north, the Tusquitee
and Nantahala Mountains to the east,
and the Blue Ridge Mountains to the
south.
The western portion of the proposed
boundary follows the boundary between
Union and Fannin Counties, in Georgia,
and a series of roads and straight lines
drawn between points on the USGS
maps. The proposed western boundary
separates the upper Hiwassee River
watershed of the proposed viticultural
area from the Ocoee River watershed, as
well as from the watershed for the lower
portion of the Hiwassee River.
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the Hiwassee Dam before continuing
into Tennessee, where it joins with the
Ocoee River and, eventually, the
Tennessee River. Within the basin of the
proposed viticultural area are
mountains interspersed with broad
valleys. The largest of these valleys runs
southwest to northeast between the
towns of Martins Creek and Andrews,
North Carolina, along a geological
feature known as the Murphy Belt
Sequence. Most of the vineyards within
the proposed viticultural area are
planted in the valleys or on the gentle
slopes of the lower elevations of the
mountains.
The proposed Upper Hiwassee
Highlands viticultural area is bordered
to the north, east, and south by higher,
steeper mountains interspersed with
narrow, deeply incised gorges. To the
west, below the Hiwassee Dam, are a
series of lower ridges, mountains, and
deep, narrow river gorges that form the
watershed for the Ocoee River and the
lower portion of the Hiwassee River.
The table below compares the mean
elevation within the proposed
viticultural area to the elevations of the
surrounding regions.
Distinguishing Features
The distinguishing features of the
proposed Upper Hiwassee Highlands
viticultural area include topography,
temperature, and soils.
Topography
As previously noted, the proposed
Upper Hiwassee Highlands viticultural
area is a broad basin that encompasses
the watershed for the upper portion of
the Hiwassee River. The Hiwassee River
has its headwaters in the southeast
portion of the proposed viticultural
area, near the town of Hiawassee,
Georgia. The river flows northwesterly,
exiting the proposed viticultural area at
TABLE 1—COMPARISON OF ELEVATION
Direction from the proposed
viticultural area
Proposed Upper Hiwassee Highlands viticultural area ............................................................
Unicoi and Snowbird Mountains ...............................................................................................
Valley River and Tusquitee and Nantahala Mountains ............................................................
Blue Ridge Mountains ..............................................................................................................
Ocoee River and lower Hiwassee River watersheds ...............................................................
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Region
N/A ............................................
North .........................................
East ..........................................
South ........................................
West .........................................
Mean elevation
(feet)
1,974
3,303
3,335
2,898
1,849
In addition to having lower elevations
than most of the surrounding regions,
the proposed Upper Hiwassee
Highlands viticultural area also has
significantly shallower slope angles.
According to the slope angle analysis
included in the petition, approximately
70 percent of the slopes within the
proposed viticultural area have angles
between 0 and 15 degrees, which is
level enough to prevent erosion and
gentle enough for safe and convenient
manual and mechanical cultivation.
Only 16 percent of the slopes within the
proposed viticultural area have slope
angles greater than 20 percent. Slope
angles greater than 20 degrees are unsafe
for mechanical cultivation and make
even manual vineyard work difficult.
To the north of the proposed
viticultural area, within the Unicoi and
Snowbird Mountains, only 20 percent of
the slopes are less than or equal to 15
degrees, and 62 percent are at angles
greater than 20 degrees. To the east,
within the Valley River and the
Tusquitee and Nantahala Mountains,
only 23 percent of the slopes have
angles less than or equal to 15 degrees,
and 58 percent of the slopes have angles
greater than 20 degrees. To the south,
within the Blue Ridge Mountains, 30
percent of the slopes have angles less
than or equal to 15 degrees, and 47
percent of the slopes are over 20
degrees. To the west, in the watersheds
of the Ocoee River and lower Hiwassee
River, 63 percent of the slope angles are
less than or equal to 15 degrees, and 21
percent of the slopes have angles greater
than 20 degrees.
The gentle mountain slopes and broad
valleys of the proposed Upper Hiwassee
Highlands viticultural area allow high
amounts of solar radiation to reach the
vineyards. By contrast, the surrounding
regions are characterized by steep
mountains and narrow, deeply incised
gorges which restrict the amount of
sunlight that reaches the lower, tillable
mountainsides and valley floors; this
effect is known as ‘‘mountain
shadowing.’’ The table below compares
the total and per-acre amounts of solar
radiation accumulated within the
proposed viticultural area and
surrounding regions during the growing
season (April through October), as
measured in Watt-hours.1
1 Total Watt-hours and mean Watt-hours per acre
were calculated using the Environmental Systems
Research Institute’s (ESRI) Spatial Analyst Solar
Radiation function. The software calculates solar
radiation accumulation using the latitude of the
chosen location and the azimuth and elevation of
the sun’s track across the sky each month. Because
the sun’s track varies with the season, but does not
change from year to year, the analysis is not tied
to any specific year.
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TABLE 2—COMPARISON OF GROWING SEASON SOLAR RADIATION ACCUMULATION
[Measured in watt-hours]
Total solar
radiation
accumulation
Region
Proposed viticultural area .............................................................................................................................................
North .............................................................................................................................................................................
East ...............................................................................................................................................................................
South ............................................................................................................................................................................
West ..............................................................................................................................................................................
As shown in the table, both the total
and the per-acre solar radiation
accumulation within the proposed
viticultural area are greater than those of
all of the surrounding regions. The
contrast is greatest between the region to
the north and the proposed viticultural
area, with the proposed viticultural area
accumulating 3.32 times the amount of
total solar radiation and 23 percent
more solar radiation on a per-acre basis.
High levels of solar radiation promote
efficient photosynthesis in the vines and
speed the ripening of fruit.
Temperature
The proposed Upper Hiwassee
Highlands viticultural area is warmer
than the surrounding regions to the
north, east, and south and slightly
cooler than the region to the west.
Because of the wide variety of
elevations both within and outside the
proposed viticultural area, the petitioner
used the climate data mapping system
created by the PRISM Climate Group at
Oregon State University to estimate
general climate patterns for the entire
Mean solar
accumulation
per acre
2.23×1015
6.72×1014
1.12×1015
7.04×1014
2.00×1015
5.05×109
4.11×109
4.41×109
4.34×109
4.77×109
region.2 The climate normals used in
the calculations were gathered from
three weather stations within the
proposed viticultural area and nine
stations from the surrounding regions.3
The following table shows the mean
annual and growing season
temperatures calculated using the
PRISM mapping system. The mean July
temperature was also calculated because
July represents the peak of the growing
season.
TABLE 3—COMPARISON OF MEAN TEMPERATURES
Mean temperature (fahrenheit)
Region
Growing season
(April–October)
Annual
Proposed viticultural area ..........................................................................................
North ..........................................................................................................................
East ............................................................................................................................
South ..........................................................................................................................
West ...........................................................................................................................
53.5
51
50.3
51.6
55.9
The petitioner also used the climate
data mapping system to determine the
Winkler Region Classification 4 for the
July
following table shows the
classifications.
various elevations within the proposed
Upper Hiwassee Highlands viticultural
area and the surrounding regions. The
64.9
61
61.7
62.4
65.3
73.2
69.7
69
70.6
73.8
TABLE 4—COMPARISON OF WINKLER REGION CLASSIFICATIONS
Elevation range
(feet)
Region
Proposed viticultural area ...................................................................................................
North ...................................................................................................................................
East .....................................................................................................................................
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South ..................................................................................................................................
West ....................................................................................................................................
2 The PRISM climate data mapping system
combined climate normals gathered from weather
stations, along with other factors such as elevation,
longitude, slope angles, and solar aspect to estimate
the general climate patterns for the proposed AVA
and the surrounding regions. Climate normals are
only calculated every 10 years, using 30 years of
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1,503–1,700
1,700–2,300
2,300–2,400
2,400–3,655
2,400–3,100
3,100–5,554
2,400–3,350
3,350–5,492
2,400–3,200
3,200–4,784
837–1,600
1,600–2,400
2,400–3,200
data, and at the time the petition was submitted, the
most recent climate normals available were from
the period of 1971–2000.
3 The weather stations used in the analysis are the
same stations listed in Table 5.
4 In the Winkler climate classification system,
annual heat accumulation during the growing
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Percentage of
area
6.1
83.6
6.3
4.0
45.1
54.9
55.0
45.0
80.6
19.4
14.8
70.5
13.1
Winkler region
classification
IV
III
II
I
II
I
II
I
II
I
IV
III
II
season, measured in annual growing degree days
(GDD), defines climatic regions. One GDD
accumulates for each degree Fahrenheit that a day’s
mean temperature is above 50 degrees, the
minimum temperature required for grapevine
growth (‘‘General Viticulture,’’ by Albert J. Winkler,
University of California Press, 1974, pages 61–64).
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TABLE 4—COMPARISON OF WINKLER REGION CLASSIFICATIONS—Continued
Elevation range
(feet)
Region
3,200–4,219
As shown in the table, the majority of
the proposed viticultural area (84
percent) is classified as a moderately
warm Region III climate in the Winkler
climate classification system. The
regions to the north, east, and south are
classified as very cool Regions I and II.
The region to the west is primarily a
Region III, similar to the proposed
viticultural area, although the region to
the west does have a larger percentage
of land in the very warm Region IV
category than the proposed viticultural
area.
Finally, the petition included
estimates of the average freeze-free
period (also referred to as the growing
season) for the proposed Upper
Hiwassee Highlands viticultural area
and the surrounding regions. The data
was collected from the period between
1971 and 2000 5 from the same weather
stations used to determine the mean
annual and growing season
temperatures.
TABLE 5—COMPARISON OF FREEZEFREE PERIODS
Direction
from
proposed
viticultural
area
Andrews, NC .....
Athens, TN ........
Blairsville, GA ...
Cataloochee, NC
Clayton, GA ......
Copperhill, TN ...
Coweeta, NC ....
Dahlonega, GA
Franklin, NC ......
Helen, GA .........
Murphy, NC .......
Oconaluftee, NC
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Weather station
location
Average
freezefree
period
(days)
Within ........
Northwest ..
Within ........
Northeast ...
Southeast ..
West ..........
East ...........
South .........
East ...........
South .........
Within ........
Northeast ...
168
190
161
151
171
173
160
193
165
183
168
151
The three weather stations within the
proposed viticultural area have average
freeze-free periods that are generally
shorter than those to the west, south,
and southeast and longer than those to
the northeast. Although the proposed
viticultural area has freeze-free periods
similar to those to the east, the area to
the east still has cooler overall
temperatures that distinguish the region
from the proposed viticultural area.
5 At
the time the petition was submitted, the only
climate normal available for the weather stations
were from the 1971–2000 period.
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The moderately warm temperature of
the proposed Upper Hiwassee
Highlands viticultural area plays a role
in the varieties of grapes that are grown.
According to the petition, the climate is
most suitable for growing FrenchAmerican hybrids, which are grown in
17 of the 26 vineyards within the
proposed viticultural area and cover 49
percent of the total vineyard acres
within the proposed viticultural area.
Examples of these French-American
hybrids include Chambourcin,
Traminette, Seyval Blanc, and Vidal
Blanc. American varieties, such as
Norton, Catawba, and Concord, are also
popular and are grown in 11 of the
vineyards and cover approximately 14
percent of the total vineyard acres
within the proposed viticultural area.
Vitis vinifera varieties cover
approximately 37 percent of the total
vineyard acres within the proposed
viticultural area, but according to the
petition, only 1 of the 26 vineyards
within the proposed viticultural area
grows V. vinifera varieties exclusively,
with a total of half an acre planted to
Cabernet Sauvignon. By contrast, the
petition notes that the V. vinifera
varieties are the most common varieties
grown in the surrounding regions. The
Biltmore Vineyard, approximately 90
miles away in Asheville, North
Carolina, is the nearest commercial
vineyard to the north of the proposed
viticultural area and grows V. vinifera
exclusively, including Cabernet
Sauvignon, Merlot, and Chardonnay.
The nearest vineyards to the south,
approximately 30 miles away in
Dahlonega and Cleveland, Georgia, and
to the west, in the Appalachian foothills
of Tennessee, also primarily grow V.
vinifera varieties, along with some
American varieties. Commercial
viticulture is not present in the region
immediately to the east of the proposed
viticultural area because the region is
largely covered by the Nantahala
National Forest.
Soils
Nineteen soil associations have been
mapped within the proposed Upper
Hiwassee Highlands viticultural area,
and 4 of these associations cover 77
percent of the land: Tsali-SpiveySanteetlah-Junaluska (37 percent),
Saluda-Hayesville-Evard-BrevardBradson (20 percent), Evard-Clifton-
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Percentage of
area
1.6
Winkler region
classification
I
Braddock (11 percent), and TusquiteePorters-Edneyville-Ashe (10 percent).
These soils are derived from
metasedimentary rocks such as
phyllites, slates, schists,
metasandstones, and marble. They are
generally deep, moderately to well
drained, and moderately fertile. Deep
soil allows for ample root growth to
support the vines and collect water and
nutrients. Well drained soil prevents
waterlogging, which promotes rot and
fungal growth. Moderately fertile soil
provides adequate nutrition to the vines
without promoting excessively thick
leaf canopies that provide too much
shade to the grape clusters; overly
shaded fruit ripens slower than fruit
with more sun exposure and is more
susceptible to mold and mildew.
To the north, within the Unicoi and
Snowbird mountains, soils of the
Stecoah-Spivey-Porters-EdneyvilleChestnut association are the most
common (40 percent). To the east,
within the Valley River and the
Nantahala and Tusquitee Mountains,
soils of the Tusquitee-Porters-FanninEvard-Bervard-Ashe association are the
most prevalent (40 percent). The
petition states that the soil to the north
and east is shallower and more at risk
for erosion because of the steepness of
the terrain. The petition also states that
the soil in these regions is likely to
contain more organic material and be
more fertile than the soil of the
proposed viticultural area due to the
large amounts of decaying leaves and
other vegetative matter dropped from
trees and shrubs in these heavily
forested regions.
To the south, within the Blue Ridge
Mountains, and to the west, within the
watersheds of the Ocoee River and
lower Hiwassee River, the TusquiteePorters-Edneyville-Ashe association is
the most common soil type (91 percent
and 27 percent, respectively). The
petition notes that although this soil
association is also found within the
proposed viticultural area, the soil to
the south and west occurs on much
steeper slopes and, therefore, is likely to
be shallower and more at risk of erosion
than the same soil series within the
proposed viticultural area.
Summary of Distinguishing Features
In summary, the evidence provided in
the petition indicates that the
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geographic features of the proposed
Upper Hiwassee Highlands viticultural
area distinguish it from the surrounding
regions in each direction. To the north,
east, and south, the elevations are
higher, the temperatures are lower, and
the most common soil associations are
different from those in the proposed
viticultural area, namely, StecoahSpivey-Porters-Edneyville-Chestnut,
Tusquitee-Porters-Fannin-EvardBervard-Ashe, and Tusquitee-PortersEdneyville-Ashe, respectively. To the
west, the elevations are lower, the
temperatures are generally higher, and
the most common soil association is
Tusquitee-Porters-Edneyville-Ashe. All
of the surrounding regions have steeper
slope angles and accumulate less solar
radiation than the proposed viticultural
area.
TTB Determination
TTB concludes that the petition to
establish the approximately 692-square
mile Upper Hiwassee Highlands
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.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Maps
The petitioner provided the required
maps, and they are listed 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 TTB
establishes this proposed viticultural
area, its name, ‘‘Upper Hiwassee
Highlands,’’ will be recognized as a
name of viticultural significance under
27 CFR 4.39(i)(3). The text of the
proposed regulation clarifies this point.
Consequently, wine bottlers using the
name ‘‘Upper Hiwassee Highlands’’ in a
brand name, including a trademark, or
in another label reference as to the
origin of the wine, would have to ensure
that the product is eligible to use the
viticultural name as an appellation of
origin if this proposed rule is adopted
as a final rule.
TTB does not believe that the terms
‘‘Hiwassee,’’ ‘‘Hiwassee Highlands,’’ or
‘‘highlands,’’ standing alone, should
have viticultural significance if the
proposed viticultural area is established.
The term ‘‘Hiwassee’’ has widespread
use within the United States as a
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geographical name, used in reference to
37 locations in 5 States outside the
proposed viticultural area, according to
a GNIS search. The term ‘‘highlands’’ is
commonly used both nationally and
internationally as a generic term for a
rugged, mountainous region. The phrase
‘‘Hiwassee Highlands’’ applies not only
to the region within the proposed
viticultural area but also to the region
immediately outside the proposed
viticultural area, below the Hiwassee
Dam. Accordingly, the proposed part 9
regulatory text set forth in this
document specifies only the full name
‘‘Upper Hiwassee Highlands’’ as a term
of viticultural significance for purposes
of part 4 of the TTB regulations.
For a wine to be labeled with a
viticultural area name or with a brand
name that includes a viticultural area
name, at least 85 percent of the wine
must be derived from grapes grown
within the area represented by that
name, and the wine must meet the other
conditions listed in 27 CFR 4.25(e)(3). If
the wine is not eligible for labeling with
a viticultural area name and that name
appears in the brand name, then the
label is not in compliance and the
bottler must change the brand name and
obtain approval of a new label.
Similarly, if the viticultural area name
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label.
Different rules apply if a wine has a
brand name containing a viticultural
area name that was used as a brand
name on a label approved before July 7,
1986. See 27 CFR 4.39(i)(2) for details.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should establish the proposed
viticultural area. TTB is also interested
in receiving comments on the
sufficiency and accuracy of the name,
boundary, soils, climate, and other
required information submitted in
support of the petition. Please provide
any available specific information in
support of your comments.
Because of the potential impact of the
establishment of the proposed Upper
Hiwassee Highlands viticultural area on
wine labels that include the term
‘‘Upper Hiwassee Highlands’’ as
discussed above under Impact on
Current Wine Labels, TTB is
particularly interested in comments
regarding whether there will be a
conflict between the proposed area
name and currently used brand names.
If a commenter believes that a conflict
PO 00000
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Sfmt 4702
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. TTB is also
interested in receiving suggestions for
ways to avoid conflicts, for example, by
adopting a modified or different name
for the proposed viticultural area.
Submitting Comments
You may submit comments on this
notice by using one of the following
three methods (please note that TTB has
a new address for comments submitted
by U.S. Mail):
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this notice
within Docket No. TTB–2013–0008 on
‘‘Regulations.gov,’’ the Federal erulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 139 on the TTB Web site at https://
www.ttb.gov/wine/winerulemaking.shtml. 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 the ‘‘Help’’ tab.
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005.
• Hand Delivery/Courier: You may
hand-carry your comments or have them
hand-carried to the Alcohol and
Tobacco Tax and Trade Bureau, 1310 G
Street NW., Suite 200–E, Washington,
DC 20005.
Please submit your comments by the
closing date shown above in this notice.
Your comments must reference Notice
No. 139 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. TTB does not
acknowledge receipt of comments, and
TTB considers all comments as
originals.
In your comment, please clearly
indicate if you are commenting on your
own behalf or on behalf of an
association, business, or other entity. If
you are commenting on behalf of an
entity, your comment must include the
entity’s name as well as your name and
position title. If you comment via
Regulations.gov, please enter the
entity’s name in the ‘‘Organization’’
blank of the online comment form. If
you comment via postal mail or hand
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delivery/courier, 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
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.
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Public Disclosure
TTB will post, and you may view,
copies of this notice, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2013–
0008 on the Federal e-rulemaking
portal, Regulations.gov, at https://
www.regulations.gov. A direct link to
that docket is available on the TTB Web
site at https://www.ttb.gov/wine/winerulemaking.shtml under Notice No. 139.
You may also reach the relevant docket
through the Regulations.gov search page
at https://www.regulations.gov. For
information on how to use
Regulations.gov, click on the site’s
‘‘Help’’ tab.
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 email addresses.
TTB may omit voluminous attachments
or material that the Bureau considers
unsuitable for posting.
You may also view copies of this
notice, all related petitions, maps and
other supporting materials, and any
electronic or mailed comments that TTB
receives about this proposal by
appointment at the TTB Information
Resource Center, 1310 G Street NW.,
Washington, DC 20005. You may also
obtain copies at 20 cents per 8.5- x 11inch page. Contact TTB’s information
specialist at the above address or by
telephone at 202–453–2270 to schedule
an appointment or to request copies of
comments or other materials.
Regulatory Flexibility Act
TTB certifies 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
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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, no
regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this
proposed rule.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, 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. Subpart C is amended by adding
§ 9.____ to read as follows:
■
§ 9.____
Upper Hiwassee Highlands.
(a) Name. The name of the viticultural
area described in this section is ‘‘Upper
Hiwassee Highlands’’. For purposes of
part 4 of this chapter, ‘‘Upper Hiwassee
Highlands’’ is a term of viticultural
significance.
(b) Approved maps. The 24 United
States Geological Survey 1:24,000 scale
topographic maps used to determine the
boundary of the Upper Hiwassee
Highlands viticultural area are titled:
(1) Unaka, NC/TN, 1957; photorevised
1978;
(2) McDaniel Bald, NC/TN, 1957;
photoinspected 1976;
(3) Marble, NC, 1938; photorevised
1990;
(4) Andrews, NC, 1938; photorevised
1990;
(5) Topton, NC, 1957; photoinspected
1976;
(6) Peachtree, NC, 1937; photorevised
1973;
(7) Hayesville, NC, 1966; photorevised
1978; photoinspected 1987;
(8) Shooting Creek, NC, 1957;
photorevised 1990;
(9) Rainbow Springs, NC, 1957;
photorevised 1978;
(10) Macedonia, GA/NC, 1988;
(11) Hightower Bald, GA/NC, 1988;
(12) Tray Mountain, GA, 1957;
photorevised 1985;
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41897
(13) Jacks Gap, GA, 1988;
(14) Hiawassee, GA/NC, 1988;
(15) Blairsville, GA/NC, 1988;
(16) Cowrock, GA, 1988;
(17) Coosa Bald, GA, 1988;
(18) Neels Gap, GA, 1988;
(19) Mulky Gap, GA, 1965;
(20) Wilscot, GA, 1947;
(21) Nottely Dam, GA/NC, 1988;
(22) Culberson, NC/GA, 1988;
(23) Persimmon Creek, NC, 1957;
photorevised 1978; and
(24) Isabella, TN/NC, 1957;
photorevised 1978.
(c) Boundary. The Upper Hiwassee
Highlands viticultural area is located in
Cherokee and Clay Counties in North
Carolina and in Towns, Union, and
Fannin Counties in Georgia. The
boundary of the Upper Hiwassee
Highlands viticultural area is as follows:
(1) The beginning point is in Cherokee
County, North Carolina, on the Unaka
map at the intersection of the
northwestern end of the Hiwassee Dam
and an unnamed light-duty road known
locally as Hiwassee Dam Access Road.
(2) From the beginning point, proceed
northwesterly on Hiwassee Dam Access
Road approximately 4.2 miles to the
road’s intersection with an unnamed
light-duty road known locally as Joe
Brown Highway; then
(3) Proceed northeasterly on Joe
Brown Highway approximately 1.4
miles to the highway’s intersection with
an unnamed light-duty road known
locally as Burrell Mountain Road; then
(4) Proceed east-northeasterly along a
straight line (drawn from the
intersection of Joe Brown Highway and
Burrell Mountain Road to the peak of
Bird Knob) to the point where the line
intersects the 2,400-foot elevation line
west of Bird Knob; then
(5) Proceed initially southerly and
then easterly along the meandering
2,400-foot elevation line and continue to
follow the elevation line in an overall
clockwise direction through Cherokee
and Clay Counties, North Carolina, and
then Towns and Union Counties,
Georgia, crossing over as necessary the
McDaniel Bald, Marble, Andrews,
Topton, Peachtree, Hayesville, Shooting
Creek, Rainbow Springs, Macedonia,
Hightower Bald, Tray Mountain, Jacks
Gap, Hiwassee, Blairsville, Cowrock,
Coosa Bald, Neels Gap, and Mulky Gap
maps and ending on the Wilscot map,
to the 2,400-foot elevation line’s
intersection with the Union–Fannin
County boundary line at Skeenah Gap;
then
(6) Proceed northerly along the
meandering Union–Fannin County
boundary line, crossing over the Mulky
Gap and Nottely Dam maps and onto the
Culberson map, to the summit of High
Top Mountain; then
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(7) Proceed northwesterly in a straight
line approximately one mile to the
intersection of two unnamed light-duty
roads known locally as Cutcane Road
and Mt. Herman Road, near Mt. Herman
Church; then
(8) Proceed northwesterly on Mt.
Herman Road approximately one mile to
the road’s intersection with State Spur
60 (Murphy Highway); then
(9) Proceed southwesterly on State
Spur 60 (Murphy Highway)
approximately 2 miles to the road’s
intersection with an unnamed light-duty
road known locally as Knollwood Road;
then
(10) Proceed northwesterly in a
straight line approximately 1.75 miles to
the summit of Watson Mountain; then
(11) Proceed northeasterly in a
straight line approximately 2.15 miles,
crossing onto the Persimmon Creek
map, to the line’s intersection with the
wagon and jeep track at the southernmost summit of Vance Mountain in
Cherokee County, North Carolina; then
(12) Proceed north-northwesterly
along the wagon and jeep track
approximately 0.8 mile to the track’s
intersection with a marked foot trail
near the 2,200-foot elevation line on the
northern spur of Vance Mountain; then
(13) Proceed north-northwesterly
along the foot trail approximately 0.5
mile to the trail’s intersection with an
unnamed road known locally as Wallace
Road, and then continue northnorthwesterly along Wallace Road
approximately 0.4 mile to the road’s
intersection with U.S. Highway 64 near
Hothouse; then
(14) Proceed westerly along U.S.
Highway 64 approximately one mile to
the highway’s intersection with a
marked northerly foot trail at Nealy Gap;
then
(15) Proceed northerly along the
marked foot trail, briefly crossing to and
from the Isabella map, to the foot trail’s
intersection with an unnamed
unimproved road, and then continue
northerly on the unimproved road to its
intersection with a second unnamed
unimproved road known locally as
Charles Laney Road, a total approximate
distance of 0.75 mile; then
(16) Proceed northwesterly on the
unnamed unimproved road known
locally as Charles Laney Road, crossing
onto the Isabella map, to the road’s end,
and then continue north-northwesterly
on a marked foot trail to the trail’s
intersection with a wagon and jeep track
at Wolfpen Gap, a total approximate
distance of one mile; then
(17) Proceed easterly and then
northeasterly along the wagon and jeep
trail, crossing onto the Persimmon Creek
map, to the 3,284-foot benchmark (MLB
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1514) on Payne Mountain, then
continue northeasterly on the wagon
and jeep trail (which is partially marked
as a foot trail) along the ridge line of
Payne Mountain to the peak of Harris
Top, then continue north-northeasterly
on the wagon and jeep trail to the peak
of Beaver Top, a total approximate
distance of 2.75 miles; then
(18) Proceed northeasterly
approximately 0.25 mile on the wagon
and jeep trail to the point where the trail
turns sharply to the southeast at a
summit within the 2,480-foot elevation
line on the western shoulder of Indian
Grave Gap; then
(19) Proceed north in a straight line
approximately 0.95 mile to the summit
of Canedy Mountain, and then continue
north-northwest in a straight line
approximately 0.45 mile to the line’s
intersection with an unnamed light-duty
road known locally as Candy Mountain
Road; then
(20) Proceed east-northeasterly on
Candy Mountain Road approximately
0.8 mile to the 1,740-foot benchmark
(BM HR 116); then
(21) Proceed northerly in a straight
line approximately 1.2 miles to the
southern-most peak of Ghormley
Mountain (within the 2,440-foot
elevation line); then
(22) Proceed north-northeast in a
straight line approximately 1.3 miles to
the intersection of an unnamed lightduty road known locally as Lower Bear
Paw Road and an unnamed unimproved
road just south of Reids Chapel (the
chapel is shown along the southern edge
of the Unaka map); then
(23) Proceed northerly on Lower Bear
Paw Road approximately 0.35 mile,
crossing onto the Unaka map, to the
road’s intersection with an unnamed
medium-duty road known locally as
Hiwassee Dam Access Road; then
(24) Proceed easterly and then
northerly along Hiwassee Dam Access
Road approximately 2.9 miles, returning
to the beginning point at the
northwestern end of Hiwassee Dam.
Dated: July 3, 2013.
John J. Manfreda,
Administrator.
[FR Doc. 2013–16725 Filed 7–11–13; 8:45 am]
BILLING CODE 4810–31–P
PO 00000
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2013–0529]
RIN 1625–AA00
Safety Zone; Fireworks Display,
Baltimore Harbor; Baltimore, MD
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
The Coast Guard proposes to
establish a temporary safety zone
encompassing certain waters of
Baltimore Harbor. This action is
necessary to provide for the safety of life
on navigable waters during a fireworks
display launched from barges located
within Baltimore Harbor at Baltimore,
MD on September 5, 2013. This safety
zone is intended to protect the maritime
public in a portion of Baltimore Harbor.
DATES: Comments and related material
must be received by the Coast Guard on
or before August 12, 2013.
ADDRESSES: You may submit comments
identified by docket number using any
one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail or Delivery: Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001. Deliveries
accepted between 9 a.m. and 5 p.m.,
Monday through Friday, except federal
holidays. The telephone number is 202–
366–9329.
See the ‘‘Public Participation and
Request for Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for further instructions on
submitting comments. To avoid
duplication, please use only one of
these three methods.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Mr. Ronald Houck, Sector
Baltimore Waterways Management
Division, Coast Guard; telephone 410–
576–2674, email
Ronald.L.Houck@uscg.mil. If you have
questions on viewing or submitting
material to the docket, call Barbara
Hairston, Program Manager, Docket
Operations, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Acronyms
DHS Department of Homeland Security
FR Federal Register
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]]>Agencies
[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Proposed Rules]
[Pages 41891-41898]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16725]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2013-0008: Notice No. 139]
RIN 1513-AC02
Proposed Establishment of the Upper Hiwassee Highlands
Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of Proposed Rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the approximately 692-square mile ``Upper Hiwassee
Highlands'' viticultural area in Cherokee and Clay Counties, North
Carolina, and Towns, Union, and Fannin Counties, Georgia. The proposed
viticultural area does not lie within or contain any other established
viticultural area. TTB designates viticultural areas to allow vintners
to better describe the origin of their wines and to allow consumers to
better identify wines they may purchase. TTB invites comments on this
proposed addition to its regulations.
DATES: Comments must be received by September 10, 2013.
ADDRESSES: Please send your comments on this notice to one of the
following addresses (please note that TTB has a new address for
comments submitted by U.S. mail):
Internet: https://www.regulations.gov (via the online
comment form for this notice as posted within Docket No. TTB-2013-0008
at ``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW., Box 12,
Washington, DC 20005; or
Hand Delivery/Courier In Lieu of Mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW., Suite 200-E, Washington, DC
20005.
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, selected supporting materials,
and any comments that TTB receives about this proposal at https://www.regulations.gov within Docket No. TTB-2013-0008. A link to that
docket is posted on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 139. You also may view copies of this
notice, all related petitions, maps, and other supporting materials,
and any comments that TTB receives about this proposal by appointment
at the TTB Information Resource Center, 1310 G Street NW., Washington,
DC 20005. Please call 202-453-2270 to make an appointment.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels, and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated various
authorities through Treasury Department Order 120-01 (Revised), dated
January 21, 2003, to the TTB Administrator to perform the functions and
duties in the administration and enforcement of this law.
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
[[Page 41892]]
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets
forth standards for the preparation and submission of petitions for the
establishment or modification of American viticultural areas and lists
the approved American 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 having distinguishing features as described in part 9 of
the regulations and a name and a delineated boundary as established 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 9.12 of the TTB regulations (27 CFR
9.12) prescribes standards for petitions for the establishment or
modification of American viticultural areas. Petitions to establish a
viticultural area must include the following:
Evidence that the area within the proposed viticultural
area boundary is nationally or locally known by the viticultural area
name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed viticultural area;
A narrative description of the features of the proposed
viticultural area that affect viticulture, such as climate, geology,
soils, physical features, and elevation, that make the proposed
viticultural area distinctive and distinguish it from adjacent areas
outside the proposed viticultural area boundary;
A copy of the appropriate United States Geological Survey
(USGS) map(s) showing the location of the proposed viticultural area,
with the boundary of the proposed viticultural area clearly drawn
thereon; and
A detailed narrative description of the proposed
viticultural area boundary based on USGS map markings.
Upper Hiwassee Highlands Petition
TTB received a petition from Eric Carlson, owner of Calaboose
Cellars, on behalf of himself and members of the Vineyard and Winery
Operators of the Upper Hiwassee River Basin group, proposing the
establishment of the approximately 690-square mile ``Upper Hiwassee
Highlands'' American viticultural area. The proposed viticultural area
is located in portions of Cherokee and Clay Counties, North Carolina,
and Towns, Union, and Fannin Counties, Georgia. The petition states
that 26 commercial vineyards are located throughout the proposed
viticultural area, growing approximately 54 acres of French-American
hybrids, American grape varieties, and Vitis vinifera. According to the
petition, present vineyard operators estimate they will expand their
plantings by an additional 75.5 acres within the next 5 years. Two new
vineyards are also in the planning stages and are expected to add an
additional 16 acres to the total acreage by the end of 2013. Five
wineries operate within the proposed viticultural area, and 4
additional wineries are in the planning stages and expected to open by
2014.
According to the petition, the distinguishing features of the
proposed Upper Hiwassee Highlands viticultural area include topography,
temperature, and soils. Unless otherwise noted, all information and
data pertaining to the proposed viticultural area contained in this
document are from the petition for the proposed Upper Hiwassee
Highlands viticultural area and its supporting exhibits.
Name Evidence
The proposed Upper Hiwassee Highlands viticultural area is located
in the southern Appalachian Mountains in portions of southwestern North
Carolina and northwestern Georgia. According to the petition,
``highland'' and ``highlands'' are traditional terms used to describe
the high, rugged, regions of the southern portion of the Appalachians
and are terms used by businesses and organizations within the proposed
viticultural area. For example, the Southern Highland Craft Guild
sponsors juried memberships to craftspeople in counties within the
Appalachian Mountain areas of nine States, including all five counties
within the proposed Upper Hiwassee Highlands viticultural area. The
Southern Highlands Attractions organization hosts a Web page featuring
travel attractions in the Appalachian regions of Virginia, Tennessee,
North Carolina, and Georgia and includes locations within the proposed
viticultural area (see www.southernhighlands.org). Additionally, an
Internet search by TTB found the Blue Ridge Highlander online magazine
and travel guide, which features events and entertainment venues within
the Blue Ridge Mountain region, including the annual Taste of the
Southern Highlands event in Hiawassee, Georgia, which is located within
the proposed viticultural area (see www.blueridgehighlander.com.)
Because the word ``highlands'' applies to a very broad region of
the Appalachian Mountains, the petitioner chose to add the term ``Upper
Hiwassee'' to the name of the proposed viticultural area to distinguish
it geographically from the larger Appalachian region. The term ``Upper
Hiwassee'' refers to the proposed viticultural area's location along
the upper portions of the Hiwassee River, from the river's headwaters
in Towns County, Georgia, to the Hiwassee Dam on Hiwassee Lake in
Cherokee County, North Carolina. The portion of the river that flows
north of the dam, outside the proposed viticultural area, is often
referred to as the ``lower'' river.
The name ``Hiwassee'' and its variant ``Hiawassee'' are used
throughout the region of the proposed viticultural area. The town of
Hiawassee, Georgia, is located within the proposed viticultural area in
Towns County and is near the headwaters of the Hiwassee River. The
Hiwassee River Watershed Coalition is a nonprofit organization whose
mission is to facilitate water quality in streams and lakes
``throughout the upper Hiwassee River watershed within Cherokee and
Clay counties in North Carolina and Towns and Union counties in north
Georgia.'' (See www.hrwc.net). The Hiwassee River Basin Directory is an
online source of news and information for southwestern North Carolina,
northwestern Georgia, southeastern Tennessee, including the region
within the proposed Upper Hiwassee Highlands viticultural area (see
www.hiwassee.us). The Hiwassee River Valley Kennel Club is located in
Murphy, North Carolina, within the proposed viticultural area. Finally,
a search by TTB of the USGS's Geographical Names Information System
(GNIS; https://geonames.usgs.gov/) found 13 locations and
populated places within the proposed viticultural area that use the
name ``Hiwassee,'' including a church and a mountain ridge in Towns
County, Georgia, and a
[[Page 41893]]
school, fire department, dam, and cemetery in Cherokee County, North
Carolina.
Boundary Evidence
The proposed Upper Hiwassee Highlands viticultural area is a broad
basin surrounded by high mountains. The Hiwassee River flows in a
northwesterly direction through the proposed viticultural area, and the
proposed boundary approximates the boundary of the watershed for the
upper portion of the river.
The northern, eastern, and southern portions of the proposed
boundary follow the 2,400-foot elevation contour line, which was chosen
because the highest vineyards within the proposed viticultural area are
planted at elevations between 2,000 and 2,400 feet; above 2,400 feet,
the climate and terrain is generally too steep and cold for commercial
viticulture. The 2,400-foot elevation contour line also separates the
lower elevations of the upper Hiwassee River watershed from the higher
elevations of the Unicoi and Snowbird Mountains to the north, the
Tusquitee and Nantahala Mountains to the east, and the Blue Ridge
Mountains to the south.
The western portion of the proposed boundary follows the boundary
between Union and Fannin Counties, in Georgia, and a series of roads
and straight lines drawn between points on the USGS maps. The proposed
western boundary separates the upper Hiwassee River watershed of the
proposed viticultural area from the Ocoee River watershed, as well as
from the watershed for the lower portion of the Hiwassee River.
Distinguishing Features
The distinguishing features of the proposed Upper Hiwassee
Highlands viticultural area include topography, temperature, and soils.
Topography
As previously noted, the proposed Upper Hiwassee Highlands
viticultural area is a broad basin that encompasses the watershed for
the upper portion of the Hiwassee River. The Hiwassee River has its
headwaters in the southeast portion of the proposed viticultural area,
near the town of Hiawassee, Georgia. The river flows northwesterly,
exiting the proposed viticultural area at the Hiwassee Dam before
continuing into Tennessee, where it joins with the Ocoee River and,
eventually, the Tennessee River. Within the basin of the proposed
viticultural area are mountains interspersed with broad valleys. The
largest of these valleys runs southwest to northeast between the towns
of Martins Creek and Andrews, North Carolina, along a geological
feature known as the Murphy Belt Sequence. Most of the vineyards within
the proposed viticultural area are planted in the valleys or on the
gentle slopes of the lower elevations of the mountains.
The proposed Upper Hiwassee Highlands viticultural area is bordered
to the north, east, and south by higher, steeper mountains interspersed
with narrow, deeply incised gorges. To the west, below the Hiwassee
Dam, are a series of lower ridges, mountains, and deep, narrow river
gorges that form the watershed for the Ocoee River and the lower
portion of the Hiwassee River. The table below compares the mean
elevation within the proposed viticultural area to the elevations of
the surrounding regions.
Table 1--Comparison of Elevation
----------------------------------------------------------------------------------------------------------------
Direction from the proposed Mean elevation
Region viticultural area (feet)
----------------------------------------------------------------------------------------------------------------
Proposed Upper Hiwassee Highlands viticultural area........ N/A.............................. 1,974
Unicoi and Snowbird Mountains.............................. North............................ 3,303
Valley River and Tusquitee and Nantahala Mountains......... East............................. 3,335
Blue Ridge Mountains....................................... South............................ 2,898
Ocoee River and lower Hiwassee River watersheds............ West............................. 1,849
----------------------------------------------------------------------------------------------------------------
In addition to having lower elevations than most of the surrounding
regions, the proposed Upper Hiwassee Highlands viticultural area also
has significantly shallower slope angles. According to the slope angle
analysis included in the petition, approximately 70 percent of the
slopes within the proposed viticultural area have angles between 0 and
15 degrees, which is level enough to prevent erosion and gentle enough
for safe and convenient manual and mechanical cultivation. Only 16
percent of the slopes within the proposed viticultural area have slope
angles greater than 20 percent. Slope angles greater than 20 degrees
are unsafe for mechanical cultivation and make even manual vineyard
work difficult.
To the north of the proposed viticultural area, within the Unicoi
and Snowbird Mountains, only 20 percent of the slopes are less than or
equal to 15 degrees, and 62 percent are at angles greater than 20
degrees. To the east, within the Valley River and the Tusquitee and
Nantahala Mountains, only 23 percent of the slopes have angles less
than or equal to 15 degrees, and 58 percent of the slopes have angles
greater than 20 degrees. To the south, within the Blue Ridge Mountains,
30 percent of the slopes have angles less than or equal to 15 degrees,
and 47 percent of the slopes are over 20 degrees. To the west, in the
watersheds of the Ocoee River and lower Hiwassee River, 63 percent of
the slope angles are less than or equal to 15 degrees, and 21 percent
of the slopes have angles greater than 20 degrees.
The gentle mountain slopes and broad valleys of the proposed Upper
Hiwassee Highlands viticultural area allow high amounts of solar
radiation to reach the vineyards. By contrast, the surrounding regions
are characterized by steep mountains and narrow, deeply incised gorges
which restrict the amount of sunlight that reaches the lower, tillable
mountainsides and valley floors; this effect is known as ``mountain
shadowing.'' The table below compares the total and per-acre amounts of
solar radiation accumulated within the proposed viticultural area and
surrounding regions during the growing season (April through October),
as measured in Watt-hours.\1\
---------------------------------------------------------------------------
\1\ Total Watt-hours and mean Watt-hours per acre were
calculated using the Environmental Systems Research Institute's
(ESRI) Spatial Analyst Solar Radiation function. The software
calculates solar radiation accumulation using the latitude of the
chosen location and the azimuth and elevation of the sun's track
across the sky each month. Because the sun's track varies with the
season, but does not change from year to year, the analysis is not
tied to any specific year.
[[Page 41894]]
Table 2--Comparison of Growing Season Solar Radiation Accumulation
[Measured in watt-hours]
------------------------------------------------------------------------
Total solar Mean solar
Region radiation accumulation per
accumulation acre
------------------------------------------------------------------------
Proposed viticultural area..... 2.23x10\15\ 5.05x10\9\
North.......................... 6.72x10\14\ 4.11x10\9\
East........................... 1.12x10\15\ 4.41x10\9\
South.......................... 7.04x10\14\ 4.34x10\9\
West........................... 2.00x10\15\ 4.77x10\9\
------------------------------------------------------------------------
As shown in the table, both the total and the per-acre solar
radiation accumulation within the proposed viticultural area are
greater than those of all of the surrounding regions. The contrast is
greatest between the region to the north and the proposed viticultural
area, with the proposed viticultural area accumulating 3.32 times the
amount of total solar radiation and 23 percent more solar radiation on
a per-acre basis. High levels of solar radiation promote efficient
photosynthesis in the vines and speed the ripening of fruit.
Temperature
The proposed Upper Hiwassee Highlands viticultural area is warmer
than the surrounding regions to the north, east, and south and slightly
cooler than the region to the west. Because of the wide variety of
elevations both within and outside the proposed viticultural area, the
petitioner used the climate data mapping system created by the PRISM
Climate Group at Oregon State University to estimate general climate
patterns for the entire region.\2\ The climate normals used in the
calculations were gathered from three weather stations within the
proposed viticultural area and nine stations from the surrounding
regions.\3\ The following table shows the mean annual and growing
season temperatures calculated using the PRISM mapping system. The mean
July temperature was also calculated because July represents the peak
of the growing season.
---------------------------------------------------------------------------
\2\ The PRISM climate data mapping system combined climate
normals gathered from weather stations, along with other factors
such as elevation, longitude, slope angles, and solar aspect to
estimate the general climate patterns for the proposed AVA and the
surrounding regions. Climate normals are only calculated every 10
years, using 30 years of data, and at the time the petition was
submitted, the most recent climate normals available were from the
period of 1971-2000.
\3\ The weather stations used in the analysis are the same
stations listed in Table 5.
Table 3--Comparison of Mean Temperatures
----------------------------------------------------------------------------------------------------------------
Mean temperature (fahrenheit)
--------------------------------------------------------
Region Growing season
Annual (April-October) July
----------------------------------------------------------------------------------------------------------------
Proposed viticultural area............................. 53.5 64.9 73.2
North.................................................. 51 61 69.7
East................................................... 50.3 61.7 69
South.................................................. 51.6 62.4 70.6
West................................................... 55.9 65.3 73.8
----------------------------------------------------------------------------------------------------------------
The petitioner also used the climate data mapping system to
determine the Winkler Region Classification \4\ for the various
elevations within the proposed Upper Hiwassee Highlands viticultural
area and the surrounding regions. The following table shows the
classifications.
---------------------------------------------------------------------------
\4\ In the Winkler climate classification system, annual heat
accumulation during the growing season, measured in annual growing
degree days (GDD), defines climatic regions. One GDD accumulates for
each degree Fahrenheit that a day's mean temperature is above 50
degrees, the minimum temperature required for grapevine growth
(``General Viticulture,'' by Albert J. Winkler, University of
California Press, 1974, pages 61-64).
Table 4--Comparison of Winkler Region Classifications
----------------------------------------------------------------------------------------------------------------
Elevation range Percentage of
Region (feet) area Winkler region classification
----------------------------------------------------------------------------------------------------------------
Proposed viticultural area................ 1,503-1,700 6.1 IV
1,700-2,300 83.6 III
2,300-2,400 6.3 II
2,400-3,655 4.0 I
North..................................... 2,400-3,100 45.1 II
3,100-5,554 54.9 I
East...................................... 2,400-3,350 55.0 II
3,350-5,492 45.0 I
South..................................... 2,400-3,200 80.6 II
3,200-4,784 19.4 I
West...................................... 837-1,600 14.8 IV
1,600-2,400 70.5 III
2,400-3,200 13.1 II
[[Page 41895]]
3,200-4,219 1.6 I
----------------------------------------------------------------------------------------------------------------
As shown in the table, the majority of the proposed viticultural
area (84 percent) is classified as a moderately warm Region III climate
in the Winkler climate classification system. The regions to the north,
east, and south are classified as very cool Regions I and II. The
region to the west is primarily a Region III, similar to the proposed
viticultural area, although the region to the west does have a larger
percentage of land in the very warm Region IV category than the
proposed viticultural area.
Finally, the petition included estimates of the average freeze-free
period (also referred to as the growing season) for the proposed Upper
Hiwassee Highlands viticultural area and the surrounding regions. The
data was collected from the period between 1971 and 2000 \5\ from the
same weather stations used to determine the mean annual and growing
season temperatures.
---------------------------------------------------------------------------
\5\ At the time the petition was submitted, the only climate
normal available for the weather stations were from the 1971-2000
period.
Table 5--Comparison of Freeze-Free Periods
------------------------------------------------------------------------
Average
Direction from freeze-
Weather station location proposed viticultural free period
area (days)
------------------------------------------------------------------------
Andrews, NC......................... Within............... 168
Athens, TN.......................... Northwest............ 190
Blairsville, GA..................... Within............... 161
Cataloochee, NC..................... Northeast............ 151
Clayton, GA......................... Southeast............ 171
Copperhill, TN...................... West................. 173
Coweeta, NC......................... East................. 160
Dahlonega, GA....................... South................ 193
Franklin, NC........................ East................. 165
Helen, GA........................... South................ 183
Murphy, NC.......................... Within............... 168
Oconaluftee, NC..................... Northeast............ 151
------------------------------------------------------------------------
The three weather stations within the proposed viticultural area
have average freeze-free periods that are generally shorter than those
to the west, south, and southeast and longer than those to the
northeast. Although the proposed viticultural area has freeze-free
periods similar to those to the east, the area to the east still has
cooler overall temperatures that distinguish the region from the
proposed viticultural area.
The moderately warm temperature of the proposed Upper Hiwassee
Highlands viticultural area plays a role in the varieties of grapes
that are grown. According to the petition, the climate is most suitable
for growing French-American hybrids, which are grown in 17 of the 26
vineyards within the proposed viticultural area and cover 49 percent of
the total vineyard acres within the proposed viticultural area.
Examples of these French-American hybrids include Chambourcin,
Traminette, Seyval Blanc, and Vidal Blanc. American varieties, such as
Norton, Catawba, and Concord, are also popular and are grown in 11 of
the vineyards and cover approximately 14 percent of the total vineyard
acres within the proposed viticultural area. Vitis vinifera varieties
cover approximately 37 percent of the total vineyard acres within the
proposed viticultural area, but according to the petition, only 1 of
the 26 vineyards within the proposed viticultural area grows V.
vinifera varieties exclusively, with a total of half an acre planted to
Cabernet Sauvignon. By contrast, the petition notes that the V.
vinifera varieties are the most common varieties grown in the
surrounding regions. The Biltmore Vineyard, approximately 90 miles away
in Asheville, North Carolina, is the nearest commercial vineyard to the
north of the proposed viticultural area and grows V. vinifera
exclusively, including Cabernet Sauvignon, Merlot, and Chardonnay. The
nearest vineyards to the south, approximately 30 miles away in
Dahlonega and Cleveland, Georgia, and to the west, in the Appalachian
foothills of Tennessee, also primarily grow V. vinifera varieties,
along with some American varieties. Commercial viticulture is not
present in the region immediately to the east of the proposed
viticultural area because the region is largely covered by the
Nantahala National Forest.
Soils
Nineteen soil associations have been mapped within the proposed
Upper Hiwassee Highlands viticultural area, and 4 of these associations
cover 77 percent of the land: Tsali-Spivey-Santeetlah-Junaluska (37
percent), Saluda-Hayesville-Evard-Brevard-Bradson (20 percent), Evard-
Clifton-Braddock (11 percent), and Tusquitee-Porters-Edneyville-Ashe
(10 percent). These soils are derived from metasedimentary rocks such
as phyllites, slates, schists, metasandstones, and marble. They are
generally deep, moderately to well drained, and moderately fertile.
Deep soil allows for ample root growth to support the vines and collect
water and nutrients. Well drained soil prevents waterlogging, which
promotes rot and fungal growth. Moderately fertile soil provides
adequate nutrition to the vines without promoting excessively thick
leaf canopies that provide too much shade to the grape clusters; overly
shaded fruit ripens slower than fruit with more sun exposure and is
more susceptible to mold and mildew.
To the north, within the Unicoi and Snowbird mountains, soils of
the Stecoah-Spivey-Porters-Edneyville-Chestnut association are the most
common (40 percent). To the east, within the Valley River and the
Nantahala and Tusquitee Mountains, soils of the Tusquitee-Porters-
Fannin-Evard-Bervard-Ashe association are the most prevalent (40
percent). The petition states that the soil to the north and east is
shallower and more at risk for erosion because of the steepness of the
terrain. The petition also states that the soil in these regions is
likely to contain more organic material and be more fertile than the
soil of the proposed viticultural area due to the large amounts of
decaying leaves and other vegetative matter dropped from trees and
shrubs in these heavily forested regions.
To the south, within the Blue Ridge Mountains, and to the west,
within the watersheds of the Ocoee River and lower Hiwassee River, the
Tusquitee-Porters-Edneyville-Ashe association is the most common soil
type (91 percent and 27 percent, respectively). The petition notes that
although this soil association is also found within the proposed
viticultural area, the soil to the south and west occurs on much
steeper slopes and, therefore, is likely to be shallower and more at
risk of erosion than the same soil series within the proposed
viticultural area.
Summary of Distinguishing Features
In summary, the evidence provided in the petition indicates that
the
[[Page 41896]]
geographic features of the proposed Upper Hiwassee Highlands
viticultural area distinguish it from the surrounding regions in each
direction. To the north, east, and south, the elevations are higher,
the temperatures are lower, and the most common soil associations are
different from those in the proposed viticultural area, namely,
Stecoah-Spivey-Porters-Edneyville-Chestnut, Tusquitee-Porters-Fannin-
Evard-Bervard-Ashe, and Tusquitee-Porters-Edneyville-Ashe,
respectively. To the west, the elevations are lower, the temperatures
are generally higher, and the most common soil association is
Tusquitee-Porters-Edneyville-Ashe. All of the surrounding regions have
steeper slope angles and accumulate less solar radiation than the
proposed viticultural area.
TTB Determination
TTB concludes that the petition to establish the approximately 692-
square mile Upper Hiwassee Highlands 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 they are listed
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 TTB establishes this proposed viticultural area,
its name, ``Upper Hiwassee Highlands,'' will be recognized as a name of
viticultural significance under 27 CFR 4.39(i)(3). The text of the
proposed regulation clarifies this point. Consequently, wine bottlers
using the name ``Upper Hiwassee Highlands'' in a brand name, including
a trademark, or in another label reference as to the origin of the
wine, would have to ensure that the product is eligible to use the
viticultural name as an appellation of origin if this proposed rule is
adopted as a final rule.
TTB does not believe that the terms ``Hiwassee,'' ``Hiwassee
Highlands,'' or ``highlands,'' standing alone, should have viticultural
significance if the proposed viticultural area is established. The term
``Hiwassee'' has widespread use within the United States as a
geographical name, used in reference to 37 locations in 5 States
outside the proposed viticultural area, according to a GNIS search. The
term ``highlands'' is commonly used both nationally and internationally
as a generic term for a rugged, mountainous region. The phrase
``Hiwassee Highlands'' applies not only to the region within the
proposed viticultural area but also to the region immediately outside
the proposed viticultural area, below the Hiwassee Dam. Accordingly,
the proposed part 9 regulatory text set forth in this document
specifies only the full name ``Upper Hiwassee Highlands'' as a term of
viticultural significance for purposes of part 4 of the TTB
regulations.
For a wine to be labeled with a viticultural area name or with a
brand name that includes a viticultural area name, at least 85 percent
of the wine must be derived from grapes grown within the area
represented by that name, and the wine must meet the other conditions
listed in 27 CFR 4.25(e)(3). If the wine is not eligible for labeling
with a viticultural area name and that name appears in the brand name,
then the label is not in compliance and the bottler must change the
brand name and obtain approval of a new label. Similarly, if the
viticultural area name appears in another reference on the label in a
misleading manner, the bottler would have to obtain approval of a new
label.
Different rules apply if a wine has a brand name containing a
viticultural area name that was used as a brand name on a label
approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed viticultural area. TTB is also
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, soils, climate, and other required information
submitted in support of the petition. Please provide any available
specific information in support of your comments.
Because of the potential impact of the establishment of the
proposed Upper Hiwassee Highlands viticultural area on wine labels that
include the term ``Upper Hiwassee Highlands'' as discussed above under
Impact on Current Wine Labels, TTB is particularly interested in
comments regarding whether there will be a conflict between the
proposed area name 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. TTB is also interested in receiving
suggestions for ways to avoid conflicts, for example, by adopting a
modified or different name for the proposed viticultural area.
Submitting Comments
You may submit comments on this notice by using one of the
following three methods (please note that TTB has a new address for
comments submitted by U.S. Mail):
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this notice within Docket No. TTB-2013-
0008 on ``Regulations.gov,'' the Federal e-rulemaking portal, at https://www.regulations.gov. A direct link to that docket is available under
Notice No. 139 on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml. 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 the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW., Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW., Suite 200-E, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 139 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. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly indicate if you are commenting on
your own behalf or on behalf of an association, business, or other
entity. If you are commenting on behalf of an entity, your comment must
include the entity's name as well as your name and position title. If
you comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand
[[Page 41897]]
delivery/courier, 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 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
TTB will post, and you may view, copies of this notice, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2013-0008 on the Federal e-
rulemaking portal, Regulations.gov, at https://www.regulations.gov. A
direct link to that docket is available on the TTB Web site at https://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 139. You may
also reach the relevant docket through the Regulations.gov search page
at https://www.regulations.gov. For information on how to use
Regulations.gov, click on the site's ``Help'' tab.
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 email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this notice, all related petitions,
maps and other supporting materials, and any electronic or mailed
comments that TTB receives about this proposal by appointment at the
TTB Information Resource Center, 1310 G Street NW., Washington, DC
20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page.
Contact TTB's information specialist at the above address or by
telephone at 202-453-2270 to schedule an appointment or to request
copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies 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, no regulatory assessment
is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this proposed rule.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.-------- to read as follows:
Sec. 9.-------- Upper Hiwassee Highlands.
(a) Name. The name of the viticultural area described in this
section is ``Upper Hiwassee Highlands''. For purposes of part 4 of this
chapter, ``Upper Hiwassee Highlands'' is a term of viticultural
significance.
(b) Approved maps. The 24 United States Geological Survey 1:24,000
scale topographic maps used to determine the boundary of the Upper
Hiwassee Highlands viticultural area are titled:
(1) Unaka, NC/TN, 1957; photorevised 1978;
(2) McDaniel Bald, NC/TN, 1957; photoinspected 1976;
(3) Marble, NC, 1938; photorevised 1990;
(4) Andrews, NC, 1938; photorevised 1990;
(5) Topton, NC, 1957; photoinspected 1976;
(6) Peachtree, NC, 1937; photorevised 1973;
(7) Hayesville, NC, 1966; photorevised 1978; photoinspected 1987;
(8) Shooting Creek, NC, 1957; photorevised 1990;
(9) Rainbow Springs, NC, 1957; photorevised 1978;
(10) Macedonia, GA/NC, 1988;
(11) Hightower Bald, GA/NC, 1988;
(12) Tray Mountain, GA, 1957; photorevised 1985;
(13) Jacks Gap, GA, 1988;
(14) Hiawassee, GA/NC, 1988;
(15) Blairsville, GA/NC, 1988;
(16) Cowrock, GA, 1988;
(17) Coosa Bald, GA, 1988;
(18) Neels Gap, GA, 1988;
(19) Mulky Gap, GA, 1965;
(20) Wilscot, GA, 1947;
(21) Nottely Dam, GA/NC, 1988;
(22) Culberson, NC/GA, 1988;
(23) Persimmon Creek, NC, 1957; photorevised 1978; and
(24) Isabella, TN/NC, 1957; photorevised 1978.
(c) Boundary. The Upper Hiwassee Highlands viticultural area is
located in Cherokee and Clay Counties in North Carolina and in Towns,
Union, and Fannin Counties in Georgia. The boundary of the Upper
Hiwassee Highlands viticultural area is as follows:
(1) The beginning point is in Cherokee County, North Carolina, on
the Unaka map at the intersection of the northwestern end of the
Hiwassee Dam and an unnamed light-duty road known locally as Hiwassee
Dam Access Road.
(2) From the beginning point, proceed northwesterly on Hiwassee Dam
Access Road approximately 4.2 miles to the road's intersection with an
unnamed light-duty road known locally as Joe Brown Highway; then
(3) Proceed northeasterly on Joe Brown Highway approximately 1.4
miles to the highway's intersection with an unnamed light-duty road
known locally as Burrell Mountain Road; then
(4) Proceed east-northeasterly along a straight line (drawn from
the intersection of Joe Brown Highway and Burrell Mountain Road to the
peak of Bird Knob) to the point where the line intersects the 2,400-
foot elevation line west of Bird Knob; then
(5) Proceed initially southerly and then easterly along the
meandering 2,400-foot elevation line and continue to follow the
elevation line in an overall clockwise direction through Cherokee and
Clay Counties, North Carolina, and then Towns and Union Counties,
Georgia, crossing over as necessary the McDaniel Bald, Marble, Andrews,
Topton, Peachtree, Hayesville, Shooting Creek, Rainbow Springs,
Macedonia, Hightower Bald, Tray Mountain, Jacks Gap, Hiwassee,
Blairsville, Cowrock, Coosa Bald, Neels Gap, and Mulky Gap maps and
ending on the Wilscot map, to the 2,400-foot elevation line's
intersection with the Union-Fannin County boundary line at Skeenah Gap;
then
(6) Proceed northerly along the meandering Union-Fannin County
boundary line, crossing over the Mulky Gap and Nottely Dam maps and
onto the Culberson map, to the summit of High Top Mountain; then
[[Page 41898]]
(7) Proceed northwesterly in a straight line approximately one mile
to the intersection of two unnamed light-duty roads known locally as
Cutcane Road and Mt. Herman Road, near Mt. Herman Church; then
(8) Proceed northwesterly on Mt. Herman Road approximately one mile
to the road's intersection with State Spur 60 (Murphy Highway); then
(9) Proceed southwesterly on State Spur 60 (Murphy Highway)
approximately 2 miles to the road's intersection with an unnamed light-
duty road known locally as Knollwood Road; then
(10) Proceed northwesterly in a straight line approximately 1.75
miles to the summit of Watson Mountain; then
(11) Proceed northeasterly in a straight line approximately 2.15
miles, crossing onto the Persimmon Creek map, to the line's
intersection with the wagon and jeep track at the southern-most summit
of Vance Mountain in Cherokee County, North Carolina; then
(12) Proceed north-northwesterly along the wagon and jeep track
approximately 0.8 mile to the track's intersection with a marked foot
trail near the 2,200-foot elevation line on the northern spur of Vance
Mountain; then
(13) Proceed north-northwesterly along the foot trail approximately
0.5 mile to the trail's intersection with an unnamed road known locally
as Wallace Road, and then continue north-northwesterly along Wallace
Road approximately 0.4 mile to the road's intersection with U.S.
Highway 64 near Hothouse; then
(14) Proceed westerly along U.S. Highway 64 approximately one mile
to the highway's intersection with a marked northerly foot trail at
Nealy Gap; then
(15) Proceed northerly along the marked foot trail, briefly
crossing to and from the Isabella map, to the foot trail's intersection
with an unnamed unimproved road, and then continue northerly on the
unimproved road to its intersection with a second unnamed unimproved
road known locally as Charles Laney Road, a total approximate distance
of 0.75 mile; then
(16) Proceed northwesterly on the unnamed unimproved road known
locally as Charles Laney Road, crossing onto the Isabella map, to the
road's end, and then continue north-northwesterly on a marked foot
trail to the trail's intersection with a wagon and jeep track at
Wolfpen Gap, a total approximate distance of one mile; then
(17) Proceed easterly and then northeasterly along the wagon and
jeep trail, crossing onto the Persimmon Creek map, to the 3,284-foot
benchmark (MLB 1514) on Payne Mountain, then continue northeasterly on
the wagon and jeep trail (which is partially marked as a foot trail)
along the ridge line of Payne Mountain to the peak of Harris Top, then
continue north-northeasterly on the wagon and jeep trail to the peak of
Beaver Top, a total approximate distance of 2.75 miles; then
(18) Proceed northeasterly approximately 0.25 mile on the wagon and
jeep trail to the point where the trail turns sharply to the southeast
at a summit within the 2,480-foot elevation line on the western
shoulder of Indian Grave Gap; then
(19) Proceed north in a straight line approximately 0.95 mile to
the summit of Canedy Mountain, and then continue north-northwest in a
straight line approximately 0.45 mile to the line's intersection with
an unnamed light-duty road known locally as Candy Mountain Road; then
(20) Proceed east-northeasterly on Candy Mountain Road
approximately 0.8 mile to the 1,740-foot benchmark (BM HR 116); then
(21) Proceed northerly in a straight line approximately 1.2 miles
to the southern-most peak of Ghormley Mountain (within the 2,440-foot
elevation line); then
(22) Proceed north-northeast in a straight line approximately 1.3
miles to the intersection of an unnamed light-duty road known locally
as Lower Bear Paw Road and an unnamed unimproved road just south of
Reids Chapel (the chapel is shown along the southern edge of the Unaka
map); then
(23) Proceed northerly on Lower Bear Paw Road approximately 0.35
mile, crossing onto the Unaka map, to the road's intersection with an
unnamed medium-duty road known locally as Hiwassee Dam Access Road;
then
(24) Proceed easterly and then northerly along Hiwassee Dam Access
Road approximately 2.9 miles, returning to the beginning point at the
northwestern end of Hiwassee Dam.
Dated: July 3, 2013.
John J. Manfreda,
Administrator.
[FR Doc. 2013-16725 Filed 7-11-13; 8:45 am]
BILLING CODE 4810-31-P
