Proposed Establishment of the Appalachian High Country Viticultural Area, 26507-26515 [2016-10291]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules
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:
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
Background on Viticultural Areas
[Docket No. TTB–2016–0003; Notice No.
158]
RIN 1513–AC25
Proposed Establishment of the
Appalachian High Country 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 2,400square mile ‘‘Appalachian High
Country’’ viticultural area in all or
portions of the following counties:
Alleghany, Ashe, Avery, Mitchell, and
Watauga Counties in North Carolina;
Carter and Johnson Counties in
Tennessee; and Grayson County in
Virginia. The proposed viticultural area
does not lie within, nor does it contain,
any other established viticultural area.
TTB designates viticultural areas to
allow vintners to better describe the
origin of their wines and to allow
consumers to better identify wines they
may purchase. TTB invites comments
on this proposed addition to its
regulations.
DATES: Comments must be received by
July 5, 2016.
ADDRESSES: Please send your comments
on this proposed rule 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 proposed rule as
posted within Docket No. TTB–2016–
0003 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
400, Washington, DC 20005.
See the Public Participation section of
this proposed rule for specific
instructions and requirements for
submitting comments, and for
information on how to request a public
hearing or view or request copies of the
petition and supporting materials.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
asabaliauskas on DSK9F6TC42PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
22:30 May 02, 2016
Jkt 238001
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, dated
December 10, 2013 (superseding
Treasury Department Order 120–01,
(Revised), ‘‘Alcohol and Tobacco Tax
and Trade Bureau,’’ dated January 24,
2003), to the TTB Administrator to
perform the functions and duties in the
administration and enforcement of these
provisions.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes TTB to establish
definitive viticultural areas and regulate
the use of their names as appellations of
origin on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) sets forth the
standards for the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas (AVAs) and
lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB
regulations (27 CFR 4.25(e)(1)(i)) defines
a viticultural area for American wine as
a delimited grape-growing region having
distinguishing features, as described in
part 9 of the regulations, and 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 the wine’s geographic origin. The
establishment of AVAs allows vintners
to describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
26507
purchase. Establishment of an AVA is
neither an approval nor an endorsement
by TTB of the wine produced in that
area.
Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and provides that any interested party
may petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes standards for petitions for the
establishment or modification of AVAs.
Petitions to establish an AVA must
include the following:
• Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Appalachian High Country Petition
TTB received a petition from Johnnie
James, owner of Bethel Valley Farms, on
behalf of members of the High Country
Wine Growers Association, proposing to
establish the approximately 2,400square mile ‘‘Appalachian High
Country’’ AVA. Twenty-one commercial
vineyards, covering approximately 71
acres, are distributed across the
proposed AVA. According to the
petition, an additional 8 vineyards
comprising approximately 37 acres are
planned in the near future. There are
also 10 bonded wineries within the
proposed AVA.
The distinguishing features of the
proposed Appalachian High Country
AVA include its topography, climate,
and soils. Unless otherwise noted, all
information and data pertaining to the
proposed AVA contained in this
proposed rule come from the petition
for the proposed Appalachian High
Country AVA and its supporting
exhibits.
E:\FR\FM\03MYP1.SGM
03MYP1
26508
Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules
Name Evidence
The region of the proposed
Appalachian High Country AVA is often
referred to as the ‘‘High Country’’
because of its high elevations, which,
according to the petition, are considered
to be the highest average elevations east
of the Mississippi River. The High
Country Wine Growers Association
chose to add ‘‘Appalachian’’ to the
proposed AVA name as a reference to
the proposed AVA’s location within the
Appalachian Mountains, as well as to
distinguish the proposed AVA from
other regions across the country that are
also referred to as ‘‘High Country.’’
The petition included evidence that
the phrase ‘‘High Country’’ applies to
the region of the proposed AVA. Several
tourism Web sites that feature the region
of the proposed AVA include the phrase
‘‘High Country’’ in their names,
including High Country Host,1 High
Country Journey,2 and GO NC High
Country.3 The High Country Council of
Governments 4 is a planning and
development association comprised of
county and municipal governments in
northwestern North Carolina, including
Alleghany, Ashe, Avery, Mitchell, and
Watauga Counties. The petition also
included a listing of over 100 businesses
and organizations within the proposed
AVA that use the phrase ‘‘High
Country’’ in their names, including High
Country Wedding and Event
Coordinators 5 in Butler, Tennessee
(Johnson County); High Country Horse
Camp 6 in Troutdale, Virginia (Grayson
County); High Country Bottling
Company 7 in West Jefferson, North
Carolina (Ashe County); High Country
Hearth and Chimney 8 in Banner Elk,
North Carolina (Avery County); High
Country Academy Tutoring Service 9
(Watauga County); and High Country
Drywall 10 in Laurel Springs, North
Carolina (Alleghany County).
The petition also included a listing of
over 40 additional businesses and
organizations that routinely use the
phrase ‘‘High Country’’ in their printed
or radio advertisements. For example,
Boone Drug, which has locations in all
of the Tennessee and North Carolina
counties within the proposed AVA,
advertises that the pharmacy chain was
established in 1919 and ‘‘has proudly
been serving the High Country ever
since * * *.’’ 11 Prospect Hill Bed and
Breakfast, located in Mountain City,
Tennessee and also within the proposed
AVA, invites guests to ‘‘enjoy the
wonders of the Appalachian High
Country.’’ 12 Red Tail Mountain Resort
and Golf, which is also located in
Mountain City, Tennessee, advertises
itself as ‘‘the finest mountain golf in the
High Country.’’ 13 Finally, Appalachian
Blinds and Closet Company, located in
Boone, North Carolina, is advertised as
the ‘‘High Country’s one-stop shop’’ for
home decorating needs.14
Boundary Evidence
The proposed Appalachian High
Country AVA includes all or portions of
Alleghany, Ashe, Avery, Mitchell, and
Watauga Counties in North Carolina;
Carter and Johnson Counties in
Tennessee; and Grayson County in
Virginia. A portion of the proposed
eastern boundary follows the Ashe,
Alleghany, and Watauga County lines to
separate the proposed Appalachian
High Country AVA from the adjacent
Yadkin Valley AVA (27 CFR 9.174),
which has lower elevations. The
remainder of the proposed eastern
boundary follows the Blue Ridge
Parkway to separate the proposed AVA
from the Pisgah National Forest, which
is unavailable for commercial
viticulture due to its status as a National
Forest. The proposed southern and
southwestern boundaries follow the
Mitchell County line, to separate the
proposed AVA from the steeper slopes
of the Black Mountains. Additionally,
the petition states that the phrase ‘‘High
Country’’ is not commonly used in
reference to the region southwest of
Mitchell County. A portion of the
western boundary follows the 2,000-foot
elevation line through Carter County
and separates the high elevations of the
proposed AVA from the lower
elevations to the west. The remainder of
the proposed western boundary, along
with the proposed northwestern and
northern boundary, follows the Johnson
and Grayson County lines, to separate
the proposed AVA from regions that
have shallower slope angles and are not
generally referred to as ‘‘High Country.’’
Distinguishing Features
The distinguishing features of the
proposed Appalachian High Country
AVA include its topography, climate,
and soils.
Topography
The proposed Appalachian High
Country is a mountainous region with
high elevations and steep slopes.
Elevations range from 1,338 feet to over
6,000 feet, with vineyards planted at
elevations between 2,290 and 4,630 feet.
According to the petition, 12 of the 21
vineyards within the proposed AVA are
located at elevations at or above 3,000
feet. The average slope angle within the
proposed AVA is 35.9 degrees, with
vineyards planted on slope angles
ranging from 9 to 46 degrees. The
petition states that 11 of the vineyards
within the proposed AVA are planted
on slopes with angles of 30 degrees or
higher. The following tables compare
the elevations and slope angles of the
proposed AVA to those of the
surrounding areas.
TABLE 1—ELEVATION
[in feet] 15
asabaliauskas on DSK9F6TC42PROD with PROPOSALS
Region
Minimum
Proposed AVA .............................................................................................................................
Northwest .....................................................................................................................................
Northeast .....................................................................................................................................
Southeast .....................................................................................................................................
Southwest ....................................................................................................................................
1 www.highcountryhost.com.
8 www.highcountryhearth.com.
2 www.highcountryjourney.com.
9 www.highcountryacademync.com.
3 www.youtube./user/GoNCHighCountry.
10 No
4 www.regiond.org.
11 www.boonedrug.com.
5 www.highcountryweddingplanners.com.
12 www.prospect-hill.com/activities.
6 www.highcountryhorsecampva.net.
13 www.redtailmountain.com.
7 www.highcountrywater.com.
1,338
1,069
774
177
961
14 www.appblinds.com.
VerDate Sep<11>2014
22:30 May 02, 2016
Jkt 238001
PO 00000
Web site available.
Frm 00024
Fmt 4702
Sfmt 4702
Maximum
6,259
5,728
3,960
5,754
6,660
Mean
3,127
2,050
2,313
1,012
2,846
15 Elevations calculated using the U.S. Geological
Survey’s Digital Elevation Models.
16 Slope angles calculated using the US
Geological Survey’s Digital Elevation Models. All
regions in the survey area have a minimum slope
angle of 0 degrees.
E:\FR\FM\03MYP1.SGM
03MYP1
26509
Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules
TABLE 2—SLOPE ANGLE
[percent] 16
Region
Maximum
Proposed AVA .........................................................................................................................................................
Northwest .................................................................................................................................................................
Northeast .................................................................................................................................................................
Southeast .................................................................................................................................................................
Southwest ................................................................................................................................................................
The data in the tables indicates that
the proposed Appalachian High Country
AVA has higher minimum and mean
elevations than all of the surrounding
regions, as well as a maximum elevation
that is higher than every region except
the region to the southwest, within the
Black Mountains. The data also
indicates that although some of the
surrounding areas have greater
maximum slope angles, the proposed
AVA has a greater mean slope angle
than all of the surrounding regions
except the southwestern region.
The high elevations and steep slope
angles affect viticulture within the
proposed Appalachian High Country
AVA. Vineyards on the steepest slopes
are terraced to reduce erosion. The steep
slopes are also unsuitable for large-scale
mechanized tilling, harvesting, and
spraying. Therefore, instead of planting
a single large vineyard, a vineyard
owner within the proposed AVA will
Mean
78.2
78.4
77.7
82.3
80.1
35.9
31
28.1
16.9
37.3
often plant multiple small vineyards,
which can be more easily tended by
hand.
The high elevations of the proposed
AVA expose the vineyards to greater
amounts of solar irradiance than that
received by lower surrounding regions.
The following table shows the
minimum, maximum, and mean amount
of solar irradiance received in the
proposed AVA and the
surroundingregions.
TABLE 3—SOLAR IRRADIANCE
[Watt hours per acre] 17
Region
Minimum
Proposed AVA .............................................................................................................................
Northwest .....................................................................................................................................
Northeast .....................................................................................................................................
Southeast .....................................................................................................................................
Southwest ....................................................................................................................................
The mean amount of solar irradiance
the proposed AVA receives is greater
than the amount received in three of the
four surrounding areas; only the
northeast region receives a higher mean
amount of solar irradiance. According to
the petition, the high amounts of solar
irradiation received in the proposed
AVA compensate for the low
temperatures and allow grapes to
mature successfully within a short
growing season.
Climate
According to the petition,
temperatures within the proposed
18.4
13.7
17.1
9.2
11.3
Maximum
395.4
383.3
329.0
372.7
404.9
Mean
233.6
221.0
240.0
231.9
219.1
Appalachian High Country AVA are
cooler than the surrounding regions.
The petition included the following
tables that show the average annual and
growing season temperatures for the
proposed AVA and the surrounding
regions.
TABLE 4—AVERAGE ANNUAL TEMPERATURES
[In degrees Fahrenheit] 18
Location
Maximum
Proposed AVA .............................................................................................................................
Northwest .....................................................................................................................................
Northeast .....................................................................................................................................
Southeast .....................................................................................................................................
Southwest ....................................................................................................................................
62.0
65.9
63.6
70.1
64.9
Minimum
Mean
40.9
43.2
42.5
47.1
42.3
51.5
54.6
53.1
58.6
53.6
TABLE 5—AVERAGE ANNUAL GROWING SEASON TEMPERATURES
asabaliauskas on DSK9F6TC42PROD with PROPOSALS
[In degrees Fahrenheit] 19
Location
Maximum
Proposed AVA .............................................................................................................................
Northwest .....................................................................................................................................
17 Solar irradiance calculated using ArcGIS
software.
18 Annual climate indices were calculated using
the PRISM Spatial Climatic Dataset. The PRISM
climate data mapping system combines climate
VerDate Sep<11>2014
22:30 May 02, 2016
Jkt 238001
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
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
72.0
76.7
Minimum
50.5
53.1
Mean
61.3
64.9
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 1981–2010.
E:\FR\FM\03MYP1.SGM
03MYP1
26510
Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules
TABLE 5—AVERAGE ANNUAL GROWING SEASON TEMPERATURES—Continued
[In degrees Fahrenheit] 19
Location
Maximum
Northeast .....................................................................................................................................
Southeast .....................................................................................................................................
Southwest ....................................................................................................................................
The petition also included
information on the growing degree days
(GDDs),20 Winkler regions,21 growing
season length, and plant hardiness
zones of locations both within and
outside of the proposed Appalachian
High Country AVA. The growing season
length, GDDs, and Winkler regions are
all based on the 1981–2010 climate
normals, which were the most recent
climate normals available at the time the
petition was submitted. The plant
Minimum
74.2
80.2
74.4
52.4
57.2
51.7
Mean
63.3
68.7
63.1
hardiness zone information was
gathered from the United States
Department of Agriculture’s 2012 Plant
Hardiness Zone interactive map.22 The
information is included in the following
table.
TABLE 6—GDDS, WINKLER REGIONS, GROWING SEASON LENGTH, AND PLANT HARDINESS ZONES
Location
Growing
degree days
Proposed AVA ..................
Northwest ..........................
Northeast ...........................
Southeast ..........................
Southwest .........................
Winkler region
2,635
3,507
3,114
3,762
3,341
The climate data presented in the
three tables shows that the proposed
Appalachian High Country AVA is a
cool region with a shorter growing
season and fewer GDDs than the
surrounding regions. According to the
petition, the cool climate, small
accumulation of GDDs, and short
growing season within the proposed
viticulture area have an effect on
viticulture. For instance, varieties of
grapes that require warm temperatures
and a long period of time to mature
Growing
season
length
(in days)
I/II .....................................
III/IV .................................
III ......................................
IV/V ..................................
III ......................................
139.2
153.6
157.3
161.3
148.3
Plant hardiness zone
6a/6b (¥10 to 0 degrees Fahrenheit).
6b (¥5 to 0 degrees Fahrenheit).
6b (¥5 to 0 degrees Fahrenheit).
7a/7b (0 to 10 degrees Fahrenheit).
6b/7a (¥5 to 5 degrees Fahrenheit).
successfully do not grow well within
the proposed AVA. Instead, vineyard
owners within the proposed AVA
choose to plant cold-hardy hybrid
varietals of grapes such as Marquette,
traminette, seyval blanc, cabernet franc,
vidal blanc, and Frontenac. These
varieties require less time to reach full
maturity and can withstand the colder
winter temperatures of the proposed
AVA. The petition also notes that the
temperatures of the proposed AVA are
well-suited for the production of ice
wine, which must be produced from
grapes that have been naturally frozen
on the vine. According to the petition,
temperatures within the proposed AVA
can easily drop low enough to freeze the
mature grapes before they rot.
The petition also included
information about the average annual
and growing season precipitation
amounts for the proposed Appalachian
High Country AVA and the surrounding
areas. The information is included in
the following table.
TABLE 7—PRECIPITATION
[In inches] 23
Average
annual
precipitation
Location
asabaliauskas on DSK9F6TC42PROD with PROPOSALS
Proposed AVA .........................................................................................................................................................
Northwest .................................................................................................................................................................
Northeast .................................................................................................................................................................
Southeast .................................................................................................................................................................
Southwest ................................................................................................................................................................
19 Growing season indices were also calculated
using the PRISM Spatial Climatic Dataset and
climate normal from 1981–2010. ‘‘Growing season’’
is defined as the period from April 1–October 31.
20 In the Winkler climate classification system,
annual heat accumulation during the growing
season, measured in annual growing degree days
(GDDs), 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
VerDate Sep<11>2014
22:30 May 02, 2016
Jkt 238001
growth. See Albert J. Winkler, General Viticulture
(Berkeley: University of California Press, 1974),
pages 61–64.
21 In the Winkler climate classification system,
geographical areas are divided into five climate
zones based on growing degree days (GDDs), with
Region I being the coolest and Region V being the
hottest. The zone ranges are as follows: Region I =
2,500 GDDs or less; Region II = 2,501–3,000 GDDs;
Region III = 3,001–3,500 GDDs; Region IV = 3,501–
4,000 GDDs; Region V = 4,001 GDDs or more. See
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
48.6
45.3
46.4
47.2
53.0
Average
growing
season
precipitation
29.5
27.0
28.6
28.2
30.9
Albert J. Winkler, General Viticulture (Berkeley:
University of California Press, 1974), pages 61–64.
22 The plant hardiness zone scale is based on
average annual minimum winter temperatures,
divided into 10-degree Fahrenheit zones ranging
from a low of 1 to a high of 13. Each zone is further
divided into two 5-degree sub-zones labeled ‘‘a’’
and ‘‘b,’’ with the ‘‘a’’ zone being the colder zone.
See www.planthardiness.ars.usda.gov/PHZMWeb.
23 Data collected using the PRISM Spatial Climate
Dataset and the 1981–2010 climate normals.
E:\FR\FM\03MYP1.SGM
03MYP1
Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules
The data shows that the proposed
AVA receives more rainfall than all the
surrounding regions except the region to
the southwest. According to the
petition, the high rainfall amounts of the
proposed AVA affect viticulture. High
rainfall amounts, particularly during the
growing season, can promote disease
and fungus in grapevines. However, the
cold-hardy hybrid varietals prevalent
within the proposed AVA have also
been bred for disease resistance.
Therefore, the petition states, the grapes
grown in the proposed AVA are wellsuited to withstand both cold and wet
climates.
Soils
The soils of the proposed
Appalachian High Country AVA are
derived from igneous and metamorphic
rocks such as gneiss and granite. The
soils are described as well-drained soils
with a fine, loamy texture. In
environments with high annual
precipitation amounts, such as the
proposed AVA, well-drained soils help
reduce the risk of fungus and rot in
grapevines. The petition states that
organic matter comprises up to 14
percent of the soils in the proposed
AVA, providing an excellent source of
nutrients for grapevines. The soils are
also considered very deep, with 60
inches or more to bedrock, which
provides ample room for root growth.
The petition states that there are 26
soil series associations represented
within the proposed AVA. Eight of these
soil series associations comprise 82
percent of the total soils of the proposed
AVA. The following table sets out the
eight major soil series associations and
the percentage each series makes up of
the total proposed AVA soils.
TABLE 8—MAJOR SOIL SERIES ASSOCIATIONS WITHIN THE PROPOSED
AVA 24
Soil series association
Percentage of
total proposed
AVA soils
Tusquitee-Edneyville ............
Hayesville .............................
Tate-Maymead-Ditney ..........
Tusquitee-Porters-FanninEvard-Brevard-Ashe ..........
Chester-Ashe ........................
Watauga-Clifton-Chandler ....
Clifton-Chester ......................
Tusquitee-Porters-CodorusChester ..............................
Total ...............................
9
7
7
5
4
82
The soils of the proposed
Appalachian High Country AVA
distinguish it from the surrounding
regions. According to the petition, two
of the eight most prevalent soil series
associations within the proposed AVA
(Watauga—Clifton—Chandler and
Clifton–Chester) are not found in the
surrounding regions. Other soil series
associations found within the proposed
AVA are also found in the regions
outside the proposed AVA to the
northeast and southwest, but in greater
amounts. For example, to the northeast
of the proposed AVA, the Hayesville
soil series association is the most
prevalent soil series association,
comprising 43 percent of the soils. By
contrast, this soil series association
makes up only 17 percent of the soils of
Location
the proposed AVA. Two other major soil
series associations are prevalent to the
northeast of the proposed AVA. The
Myersville—Catoctin and the Wallen–
Lilly—Drypond—Dekalb soil series
associations comprise 15 and 12 percent
of the soils in those regions,
respectively. These two soil series
associations combined only account for
3 percent of the soils within the
proposed AVA. Southwest of the
proposed AVA the Chester–Ashe soil
series association is the most prevalent
association, comprising 27 percent of
the soils, compared to only 7 percent of
the soils within the proposed AVA.
The soil series associations that are
most prevalent in the areas southeast
and northwest of the proposed AVA are
present only in miniscule amounts
within the proposed AVA. The most
common soil series association in the
region to the southeast of the proposed
AVA is the Hiwassee—Cecil association,
which makes up 30 percent of that
region’s soils. The region to the
northwest of the proposed AVA is
dominated by the Frederick—Carbo soil
series association, which comprises 22
percent of that region’s soils.
Summary of Distinguishing Features
In summary, the evidence provided in
the petition indicates that the
geographic features of the proposed
Appalachian High Country AVA
distinguish it from the surrounding
regions in each direction. The following
table summarizes the distinguishing
features of the proposed AVA and the
surrounding regions.
Distinguishing features
Proposed Appalachian High Country AVA ................................
Northwest ...................................................................................
Northeast ....................................................................................
asabaliauskas on DSK9F6TC42PROD with PROPOSALS
24
17
9
Southeast ...................................................................................
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Elevations between 1,338 and 6,259 feet.
Mean slope angle of 35.9 percent.
High levels of solar irradiance.
Cool Region I/II climate with short growing season.
Average annual precipitation total of 48.6 inches.
Soils primarily of the Tusquitee—Edneyville soil series association.
Elevations between 1,069 and 5,728 feet.
Mean slope angle of 31 percent.
Lower levels of solar irradiance.
Warm Region III/IV climate with long growing season.
Average annual precipitation total of 45.3 inches.
Soils primarily of the Frederick—Carbo soil series association.
Elevations between 774 and 3,906 feet.
Mean slope angle of 28.1 percent.
Lower levels of solar irradiance.
Warm Region III climate with long growing season.
Average annual precipitation total of 46.4 inches.
Soils primarily of the Hayesville soil series association.
Elevations between 177 and 5,754 feet.
Mean slope angle of 16.9 percent.
Lower levels of solar irradiance.
Hot Region IV/V climate with long growing season.
24 Source: 2013 USDA Natural Resources
Conservation Service Web Soil Survey
(www.websoilsurvey.nrcs.usda.gov).
VerDate Sep<11>2014
22:30 May 02, 2016
Jkt 238001
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
26511
E:\FR\FM\03MYP1.SGM
03MYP1
26512
Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules
Location
Distinguishing features
Southwest ...................................................................................
TTB Determination
TTB concludes that the petition to
establish the approximately 2,400square mile Appalachian High Country
AVA merits consideration and public
comment, as invited in this proposed
rule.
Boundary Description
See the narrative description of the
boundary of the petitioned-for AVA in
the proposed regulatory text published
at the end of this proposed rule.
asabaliauskas on DSK9F6TC42PROD 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. For a
wine to be labeled with an AVA name,
at least 85 percent of the wine must be
derived from grapes grown within the
area represented by that name, and the
wine must meet the other conditions
listed in § 4.25(e)(3) of the TTB
regulations (27 CFR 4.25(e)(3)). If the
wine is not eligible for labeling with an
AVA name and that name appears in the
brand name, then the label is not in
compliance and the bottler must change
the brand name and obtain approval of
a new label. Similarly, if the AVA name
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label. Different rules apply if a wine has
a brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
§ 4.39(i)(2) of the TTB regulations (27
CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA,
its name, ‘‘Appalachian High Country,’’
will be recognized as a name of
viticultural significance under
§ 4.39(i)(3) of the TTB regulations (27
CFR 4.39(i)(3)). The text of the proposed
regulation clarifies this point.
Consequently, if this proposed rule is
adopted as a final rule, wine bottlers
using the name ‘‘Appalachian High
Country’’ in a brand name, including a
VerDate Sep<11>2014
22:30 May 02, 2016
Jkt 238001
•
•
•
•
•
•
•
•
Average annual precipitation total of 47.2 inches.
Soils primarily of the Hiwassee—Cecil soil series association.
Elevations between 961 and 6,660 feet.
Mean slope angle of 37.3 percent.
Lower levels of solar irradiance.
Warm Region III climate with long growing season.
Average annual precipitation total of 53 inches.
Soils primarily of the Chester—Ashe soil series association.
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 AVA name as an appellation of
origin.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should establish the proposed AVA.
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
Appalachian High Country AVA on
wine labels that include the term
‘‘Appalachian High Country,’’ 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 AVA 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 AVA.
Submitting Comments
You may submit comments on this
proposed rule 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
proposed rule within Docket No. TTB–
2016–0003 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 158 on the TTB Web site at https://
www.ttb.gov/wine/wine-
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
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 400, Washington, DC
20005.
Please submit your comments by the
closing date shown above in this
proposed rule. Your comments must
reference Notice No. 158 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
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.
E:\FR\FM\03MYP1.SGM
03MYP1
Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules
Public Disclosure
TTB will post, and you may view,
copies of this proposed rule, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2016–
0003 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. 158.
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
proposed rule, 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. Please note that TTB is
unable to provide copies of USGS maps
or any similarly-sized documents that
may be included as part of the AVA
petition. Contact TTB’s information
specialist at the above address or by
telephone at 202–453–2265 to schedule
an appointment or to request copies of
comments or other materials.
asabaliauskas on DSK9F6TC42PROD with PROPOSALS
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 an AVA name
would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
It has been determined that this
proposed rule is not a significant
regulatory action as defined by
Executive Order 12866 of September 30,
1993. Therefore, no regulatory
assessment is required.
VerDate Sep<11>2014
22:30 May 02, 2016
Jkt 238001
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.llto read as follows:
■
§ 9.
Appalachian High Country.
(a) Name. The name of the viticultural
area described in this section is
‘‘Appalachian High Country’’. For
purposes of part 4 of this chapter,
‘‘Appalachian High Country’’ is a term
of viticultural significance.
(b) Approved maps. The 46 United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the
Appalachian High Country viticultural
area are titled:
(1) Unicoi, Tenn.—N.C, 1939;
photorevised 1978;
(2) Iron Mountain gap, Tenn.—N.C.,
1960; photorevised 1968;
(3) Johnson City, Tenn., 1959;
photorevised 1968;
(4) Elizabethton, Tenn., 1959;
photorevised 1968;
(5) Watauga Dam, Tenn., 1960;
(6) Carter, Tenn., 1938; photorevised
1969;
(7) Keenburg, Tenn., 1960;
(8) Doe, Tenn., 1938; photorevised
1969;
(9) Shady Valley, Tenn.—VA., 1960;
photorevised 1970; photoinspected
1988;
(10) Laurel Bloomery, Tenn.—VA.,
1938; photorevised 1969;
(11) Grayson, Tenn.—N.C.—VA.,
1959; photoinspected 1976;
(12) Park, N.C.—VA., 1959;
photorevised 1978;
(13) Whitetop Mountain, VA., 1959;
photorevised 1978;
(14) Trout Dale, VA., 1959;
photorevised 1978; photoinspected
1988;
(15) Middle Fox Creek, VA., 1959;
photoinspected 1988;
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
26513
(16) Cedar Springs, VA., 1959;
photorevised 1978; photoinspected
1988;
(17) Speedwell, VA., 1968;
photorevised 1979;
(18) Cripple Creek, VA., 1968;
photoinspected 1988;
(19) Austinville, VA., 1965;
photorevised 1979; photoinspected
1982;
(20) Galax, VA., 1965; photorevised
1984;
(21) Cumberland Knob, N.C.—VA.,
1965; photorevised 1977;
(22) Lambsburg, VA.—N.C., 1965;
photorevised 1977;
(23) Roaring Gap, N.C., 1971;
(24) Glade Valley, N.C., 1968;
(25) Traphill, N.C., 1968;
(26) Whitehead, N.C., 1968;
(27) McGrady, N.C., 1968;
photoinspected 1984;
(28) Horse Gap, N.C., 1968;
(29) Laurel Springs, N.C., 1968;
(30) Glendale Springs, N.C., 1967;
(31) Maple Springs, N.C., 1966;
(32) Deep Gap, N.C., 1967;
(33) Buffalo Cove, N.C., 1967;
(34) Globe, N.C., 1959;
(35) Grandfather Mountain, N.C.,
1960; photorevised 1978;
(36) Newland, N.C., 1960;
photorevised 1978;
(37) Linville Falls, N.C., 1994;
(38) Ashford, N.C., 1994;
(39) Little Switzerland, N.C., 1994;
(40) Spruce Pine, N.C., 1994;
(41) Celo, N.C., 1994;
(42) Micaville, N.C., 1960;
photorevised 1978;
(43) Bakersville, N.C.,—Tenn., 1960;
photorevised 1978;
(44) Burnsville, N.C., 1998;
(45) Huntdale, N.C.—Tenn., 1939; and
(46) Chestoa, Tenn.—N.C., 1939;
photorevised 1978.
(c) Boundary. The Appalachian High
Country viticultural area is located in all
or portions of Alleghany, Ashe, Avery,
Mitchell, and Watauga Counties in
North Carolina; Carter and Johnson
Counties in Tennessee; and Grayson
County in Virginia. The boundary of the
Appalachian High Country viticultural
area is as described below:
(1) The beginning point is on the
Unicoi map, at the point where the
Unicoi/Mitchell County line intersects
with an unnamed road known locally as
Unaka Mountain Road near Beauty Spot
Gap, Tennessee. From the beginning
point, proceed northeasterly
approximately 7.3 miles along the
Unicoi/Mitchell County line, crossing
onto the Iron Mountain Gap map, to the
intersection of the Unicoi/Mitchell
County line with the Carter County line;
then
(2) Proceed northerly along the
Unicoi/Carter County line
E:\FR\FM\03MYP1.SGM
03MYP1
asabaliauskas on DSK9F6TC42PROD with PROPOSALS
26514
Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules
approximately 9.3 miles, crossing back
onto the Unicoi map and then onto the
Johnson City map, to the intersection of
the Unicoi/Carter County line with the
2,000-foot elevation contour, southeast
of an unnamed road known locally as
Whispering Pine Road; then
(3) Proceed southeasterly along the
meandering 2,000-foot elevation
contour, crossing onto the Unicoi map
and then back onto the Johnson City
map, and continuing onto the
Elizabethton map for approximately 19
miles to the intersection of the elevation
contour with an unnamed road known
locally as Brimer Road near Bremer
Hollow; then
(4) Proceed northwesterly
approximately 1,500 feet along Brimer
Road to an unnamed road known locally
as Jenkins Hollow Road; then
(5) Proceed easterly approximately 1.4
miles along Jenkins Hollow Road,
crossing the Doe River, to U.S. Route
321 in the town of Valley Forge,
Tennessee; then
(6) Proceed north approximately 400
feet along U.S. Route 321 to an
unnamed road known locally as Ruby
Harmon Road; then
(7) Proceed northeasterly
approximately 360 feet along Ruby
Harmon Road to an unnamed road
known locally as Nanny Goat Hill Road;
then
(8) Proceed easterly approximately 0.2
mile along Nanny Goat Hill Road to the
1,800-foot elevation contour, east of an
unnamed road known locally as Gene
Mathes Road; then
(9) Proceed northeasterly
approximately 0.4 mile along the 1,800foot elevation contour to an unnamed
road known locally as Franklin Lane;
then
(10) Proceed southerly approximately
0.3 mile along Franklin Lane to the
2,000-foot elevation contour; then
(11) Proceed northeasterly along the
meandering 2,000-foot elevation
contour, crossing over Hardin Branch,
Clover Branch, South Pierce Branch,
and North Pierce Branch, to a fifth,
unnamed stream; then
(12) Proceed northerly approximately
0.47 mile along the unnamed stream to
an unnamed road known locally as
Wilbur Dam Road; then
(13) Proceed southeasterly
approximately 0.25 mile along Wilbur
Dam Road to Wilbur Dam; then
(14) Proceed northeasterly across
Wilbur Dam to the marked transmission
line; then
(15) Proceed northerly approximately
0.5 mile along the transmission line to
the 2,000-foot elevation contour; then
(16) Proceed northeasterly
approximately 19 miles along the
VerDate Sep<11>2014
22:30 May 02, 2016
Jkt 238001
meandering 2,000-foot elevation
contour, crossing over the Watauga Dam
map and onto the Carter map, and
continuing along the 2,000-foot
elevation contour as it crosses over State
Route 91 near Sadie, Tennessee, and
turns southwesterly, and continuing
southwesterly for approximately 22.2
miles along the 2,000-foot elevation
contour, crossing onto the Keenburg
map and circling Carter Knob, to the
intersection of the 2,000-foot elevation
contour with the Carter/Sullivan County
line; then
(17) Proceed southeasterly, then
northeasterly, approximately 7 miles
along the Carter/Sullivan County line to
an unnamed road known locally as
National Forest Road 56, near Low Gap,
Tennessee; then
(18) Proceed easterly approximately
0.75 miles along National Forest Road
56, crossing onto the Carter map, to the
Carter/Sullivan County line; then
(19) Proceed easterly approximately
10.4 miles along the Carter/Sullivan
County line, crossing over the Doe map
(northwestern corner) and onto the
Shady Valley Map, to the intersection of
the Carter/Sullivan County line with the
Johnson County line at Rich Knob,
Tennessee; then
(20) Proceed northeasterly
approximately 13.4 miles along the
Johnson/Sullivan County line, crossing
onto the Laurel Bloomery map, to the
intersection of the Johnson/Sullivan
County line with the Washington
County line at the Virginia/Tennessee
State line; then
(21) Proceed easterly approximately
10 miles along the Johnson/Washington
County line, crossing onto the Grayson
map, to the intersection of the Johnson/
Washington County line with the
Grayson County line; then
(22) Proceed east, then northeasterly,
then southeasterly, along the Grayson
County line, crossing over the Park,
Whitetop Mountain, Trout Dale, Middle
Fox Creek, Cedar Springs, Speedwell,
Cripple Creek, Austinville, Galax, and
Cumberland Knob maps and onto the
Lambsburg map, to the intersection of
the Grayson County line with the Surry
County line and an unnamed road
known locally as Fisher’s Peak Road, at
the Virginia/North Carolina State line;
then
(23) Proceed west along the Grayson/
Surry County line, crossing back onto
the Cumberland Knob map, to
Alleghany County line; then
(24) Proceed southerly, then
northwesterly, then southwesterly along
the Alleghany County line, crossing
over the Roaring Gap, Glade Valley,
Traphill (northeastern corner),
Whitehead, McGrady (northwestern
PO 00000
Frm 00030
Fmt 4702
Sfmt 4702
corner), Horse Gap, and Laurel Springs
map, then back onto the Horse Gap map
and continuing along the Alleghany
County line on the Horse Gap map to
the Ashe/Wilkes County line at
Mulberry Gap, North Carolina; then
(25) Proceed westerly, then
southwesterly along the Ashe/Wilkes
County line, crossing over the Glendale
Springs and onto the Maple Springs
map, then back onto the Glendale
Springs map, then back onto the Maple
Springs map, and continuing along the
Ashe/Wilkes County line on the Maple
Springs map to the intersection of the
Ashe/Wilkes County line and the
Watauga County line at Thomkins Knob,
North Carolina; then
(26) Proceed southwesterly along the
Watauga/Wilkes County line, crossing
over the Deep Gap map (southeastern
corner) and onto the Buffalo Cove map,
to the intersection of the Watauga/
Wilkes County line and the Caldwell
County line at White Rock Mountain,
North Carolina; then
(27) Proceed west along the Watauga/
Caldwell County line, crossing over the
Globe map and onto the Grandfather
Mountain map, to the intersection of the
Watauga/Caldwell County line with the
Avery County line at Calloway Peak,
North Carolina; then
(28) Proceed southeasterly
approximately 1.8 miles along the
Caldwell/Avery County line to the
boundary of the Blue Ridge Parkway at
Pilot Knob, North Carolina; then
(29) Proceed southwesterly
approximately 11.6 miles along the Blue
Ridge Parkway boundary, crossing over
the Newland map (southeastern corner)
and onto the Linville Falls map, to the
intersection of the parkway boundary
with the Avery/Burke County line; then
(30) Proceed northwesterly, then
southwesterly, for a total of
approximately 4.2 miles along the
Avery/Burke County line to the
McDowell County line; then
(31) Proceed southerly approximately
5 miles along the Avery/McDowell
County line to the Mitchell County line;
then
(32) Proceed southerly, then
southwesterly, along the McDowell/
Mitchell County line, crossing over the
Ashford (northwestern corner) and
Little Switzerland (northeastern corner)
maps and onto the Spruce Pine map,
then back onto the Little Switzerland
map and continuing along the
McDowell/Mitchell County line,
crossing onto the Celo map, to the
intersection of the McDowell/Mitchell
County line with the Yancey County
line; then
(33) Proceed west then northerly
along the Mitchell/Yancey County line,
E:\FR\FM\03MYP1.SGM
03MYP1
Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules
crossing over the Micaville, Bakersville,
Huntdale (southeastern corner), and
Burnsville maps, then back onto the
Huntdale map and continuing along the
Mitchell/Yancy County line, crossing
onto the Chestoa map, to the
intersection of the Mitchell/Yancey
County line with the Mitchell/Unicoi
County line, which is concurrent with
the Tennessee/North Carolina State line;
then
(34) Proceed northeasterly along the
Mitchell/Unicoi County line, crossing
back over the Huntsdale (northwestern
corner) map and onto the Unicoi map,
and returning to the beginning point.
Signed: April 25, 2016.
Mary G. Ryan,
Deputy Administrator.
[FR Doc. 2016–10291 Filed 5–2–16; 8:45 am]
BILLING CODE 4810–31–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2015–0839; FRL–9945–89–
Region 4]
Determination of Attainment; Atlanta,
Georgia; 2008 Ozone National Ambient
Air Quality Standards
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to determine
that the Atlanta, Georgia, 2008 Ozone
National Ambient Air Quality Standard
(NAAQS) Moderate Nonattainment Area
(‘‘Atlanta Area’’ or the ‘‘Area’’) has
attained the 2008 8-hour ozone NAAQS.
This proposed determination is based
upon complete, quality-assured, and
certified ambient air monitoring data
showing that the Area has monitored
attainment of the 2008 8-hour ozone
NAAQS for the 2013–2015 monitoring
period. If EPA finalizes this proposed
action, the requirement for this Area to
submit an attainment demonstration
and associated reasonably available
control measures (RACM), reasonable
further progress (RFP) plans,
contingency measures, and other
planning state implementation plans
(SIPs) related to attainment of the 2008
8-hour ozone NAAQS will be
suspended until EPA redesignates the
Area to attainment, approves a
redesignation substitute, or determines
that the Area has violated the 2008 8hour ozone NAAQS. This proposed
attainment determination does not
constitute a redesignation to attainment.
asabaliauskas on DSK9F6TC42PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
22:30 May 02, 2016
Jkt 238001
The Atlanta Area will remain in
nonattainment status for the 2008 8hour ozone NAAQS until such time as
the State requests a redesignation to
attainment and EPA determines that the
Atlanta Area meets the Clean Air Act
(CAA or Act) requirements for
redesignation, including an approved
maintenance plan.
DATES: Comments must be received on
or before June 2, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2015–0839, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Jane
Spann, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air, Pesticides
and Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. Ms.
Spann can be reached via phone at (404)
562–9029 or via electronic mail at
spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2008, EPA revised both
the primary and secondary NAAQS for
ozone to a level of 0.075 parts per
million (ppm) (annual fourth-highest
daily maximum 8-hour average
concentration, averaged over three
years) to provide increased protection of
public health and the environment. See
73 FR 16436 (March 27, 2008). The 2008
ozone NAAQS retains the same general
form and averaging time as the 0.08
ppm NAAQS set in 1997, but is set at
PO 00000
Frm 00031
Fmt 4702
Sfmt 4702
26515
a more protective level. Effective July
20, 2012, EPA designated any area that
was violating the 2008 8-hour ozone
NAAQS based on the three most recent
years (2008–2010) of air monitoring data
as a nonattainment area. See 77 FR
30088 (May 21, 2012). The Atlanta Area,
consisting of Bartow, Cherokee, Clayton,
Cobb, Coweta, DeKalb, Douglas, Fayette,
Forsyth, Fulton, Gwinnett, Henry,
Newton, Paulding, and Rockdale
counties, was designated as a marginal
ozone nonattainment area. See 40 CFR
81.311. Areas that were designated as
marginal ozone nonattainment areas
were required to attain the 2008 8-hour
ozone NAAQS no later than July 20,
2015, based on 2012–2014 monitoring
data. The Atlanta Area did not attain the
2008 8-hour ozone NAAQS by July 20,
2015, and therefore on April 11, 2016,
the EPA Administrator signed a final
rule reclassifying the Atlanta Area from
a marginal nonattainment area to a
moderate nonattainment area for the
2008 8-hour ozone standard. A prepublication version of the final rule can
be found at EPA’s Web site at: https://
www.epa.gov/sites/production/files/
2016-04/documents/20160411fr.pdf.
Moderate areas are required to attain the
2008 8-hour ozone NAAQS by no later
than July 20, 2018, six years after the
effective date of the initial
nonattainment designations. See 40 CFR
51.1103. Air quality monitoring data
from the 2013–2015 monitoring period
show that the Atlanta Area is now
attaining the 2008 8-hour ozone
NAAQS.
Under the provisions of EPA’s ozone
implementation rule for the 2008 8-hour
ozone NAAQS (40 CFR part 51, subpart
AA), if EPA issues a determination that
an area is attaining the relevant
standard, also known as a Clean Data
Determination, the area’s obligations to
submit an attainment demonstration
and associated RACM, RFP, contingency
measures, and other planning SIPs
related to attainment of the 2008 8-hour
ozone NAAQS are suspended until EPA:
(i) Redesignates the area to attainment
for the standard or approves a
redesignation substitute, at which time
those requirements no longer apply; or
(ii) EPA determines that the area has
violated the standard, at which time the
area is again required to submit such
plans. See 40 CFR 51.1118. While these
requirements are suspended, EPA is not
precluded from acting upon these
elements at any time if submitted to
EPA for review and approval.
An attainment determination is not
equivalent to a redesignation under
section 107(d)(3) of the CAA. The
designation status of the Atlanta Area
will remain nonattainment for the 2008
E:\FR\FM\03MYP1.SGM
03MYP1
]]>Agencies
[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Proposed Rules]
[Pages 26507-26515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10291]
[[Page 26507]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2016-0003; Notice No. 158]
RIN 1513-AC25
Proposed Establishment of the Appalachian High Country
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 2,400-square mile ``Appalachian High
Country'' viticultural area in all or portions of the following
counties: Alleghany, Ashe, Avery, Mitchell, and Watauga Counties in
North Carolina; Carter and Johnson Counties in Tennessee; and Grayson
County in Virginia. The proposed viticultural area does not lie within,
nor does it contain, any other established viticultural area. TTB
designates viticultural areas to allow vintners to better describe the
origin of their wines and to allow consumers to better identify wines
they may purchase. TTB invites comments on this proposed addition to
its regulations.
DATES: Comments must be received by July 5, 2016.
ADDRESSES: Please send your comments on this proposed rule 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 proposed rule as posted within Docket No. TTB-
2016-0003 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 400, Washington, DC
20005.
See the Public Participation section of this proposed rule for
specific instructions and requirements for submitting comments, and for
information on how to request a public hearing or view or request
copies of the petition and supporting materials.
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, dated December
10, 2013 (superseding Treasury Department Order 120-01, (Revised),
``Alcohol and Tobacco Tax and Trade Bureau,'' dated January 24, 2003),
to the TTB Administrator to perform the functions and duties in the
administration and enforcement of these provisions.
Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to
establish definitive viticultural areas and regulate the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets
forth the standards for the preparation and submission of petitions for
the establishment or modification of American viticultural areas (AVAs)
and lists the approved AVAs.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features, as described in part 9
of the regulations, and 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 the
wine's geographic origin. The establishment of AVAs allows vintners to
describe more accurately the origin of their wines to consumers and
helps consumers to identify wines they may purchase. Establishment of
an AVA is neither an approval nor an endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2))
outlines the procedure for proposing an AVA and provides that any
interested party may petition TTB to establish a grape-growing region
as an AVA. Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes
standards for petitions for the establishment or modification of AVAs.
Petitions to establish an AVA must include the following:
Evidence that the area within the proposed AVA boundary is
nationally or locally known by the AVA name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed AVA;
A narrative description of the features of the proposed
AVA affecting viticulture, such as climate, geology, soils, physical
features, and elevation, that make the proposed AVA distinctive and
distinguish it from adjacent areas outside the proposed AVA boundary;
The appropriate United States Geological Survey (USGS)
map(s) showing the location of the proposed AVA, with the boundary of
the proposed AVA clearly drawn thereon; and
A detailed narrative description of the proposed AVA
boundary based on USGS map markings.
Appalachian High Country Petition
TTB received a petition from Johnnie James, owner of Bethel Valley
Farms, on behalf of members of the High Country Wine Growers
Association, proposing to establish the approximately 2,400-square mile
``Appalachian High Country'' AVA. Twenty-one commercial vineyards,
covering approximately 71 acres, are distributed across the proposed
AVA. According to the petition, an additional 8 vineyards comprising
approximately 37 acres are planned in the near future. There are also
10 bonded wineries within the proposed AVA.
The distinguishing features of the proposed Appalachian High
Country AVA include its topography, climate, and soils. Unless
otherwise noted, all information and data pertaining to the proposed
AVA contained in this proposed rule come from the petition for the
proposed Appalachian High Country AVA and its supporting exhibits.
[[Page 26508]]
Name Evidence
The region of the proposed Appalachian High Country AVA is often
referred to as the ``High Country'' because of its high elevations,
which, according to the petition, are considered to be the highest
average elevations east of the Mississippi River. The High Country Wine
Growers Association chose to add ``Appalachian'' to the proposed AVA
name as a reference to the proposed AVA's location within the
Appalachian Mountains, as well as to distinguish the proposed AVA from
other regions across the country that are also referred to as ``High
Country.''
The petition included evidence that the phrase ``High Country''
applies to the region of the proposed AVA. Several tourism Web sites
that feature the region of the proposed AVA include the phrase ``High
Country'' in their names, including High Country Host,\1\ High Country
Journey,\2\ and GO NC High Country.\3\ The High Country Council of
Governments \4\ is a planning and development association comprised of
county and municipal governments in northwestern North Carolina,
including Alleghany, Ashe, Avery, Mitchell, and Watauga Counties. The
petition also included a listing of over 100 businesses and
organizations within the proposed AVA that use the phrase ``High
Country'' in their names, including High Country Wedding and Event
Coordinators \5\ in Butler, Tennessee (Johnson County); High Country
Horse Camp \6\ in Troutdale, Virginia (Grayson County); High Country
Bottling Company \7\ in West Jefferson, North Carolina (Ashe County);
High Country Hearth and Chimney \8\ in Banner Elk, North Carolina
(Avery County); High Country Academy Tutoring Service \9\ (Watauga
County); and High Country Drywall \10\ in Laurel Springs, North
Carolina (Alleghany County).
---------------------------------------------------------------------------
\1\ www.highcountryhost.com.
\2\ www.highcountryjourney.com.
\3\ www.youtube./user/GoNCHighCountry.
\4\ www.regiond.org.
\5\ www.highcountryweddingplanners.com.
\6\ www.highcountryhorsecampva.net.
\7\ www.highcountrywater.com.
\8\ www.highcountryhearth.com.
\9\ www.highcountryacademync.com.
\10\ No Web site available.
---------------------------------------------------------------------------
The petition also included a listing of over 40 additional
businesses and organizations that routinely use the phrase ``High
Country'' in their printed or radio advertisements. For example, Boone
Drug, which has locations in all of the Tennessee and North Carolina
counties within the proposed AVA, advertises that the pharmacy chain
was established in 1919 and ``has proudly been serving the High Country
ever since * * *.'' \11\ Prospect Hill Bed and Breakfast, located in
Mountain City, Tennessee and also within the proposed AVA, invites
guests to ``enjoy the wonders of the Appalachian High Country.'' \12\
Red Tail Mountain Resort and Golf, which is also located in Mountain
City, Tennessee, advertises itself as ``the finest mountain golf in the
High Country.'' \13\ Finally, Appalachian Blinds and Closet Company,
located in Boone, North Carolina, is advertised as the ``High Country's
one-stop shop'' for home decorating needs.\14\
---------------------------------------------------------------------------
\11\ www.boonedrug.com.
\12\ www.prospect-hill.com/activities.
\13\ www.redtailmountain.com.
\14\ www.appblinds.com.
---------------------------------------------------------------------------
Boundary Evidence
The proposed Appalachian High Country AVA includes all or portions
of Alleghany, Ashe, Avery, Mitchell, and Watauga Counties in North
Carolina; Carter and Johnson Counties in Tennessee; and Grayson County
in Virginia. A portion of the proposed eastern boundary follows the
Ashe, Alleghany, and Watauga County lines to separate the proposed
Appalachian High Country AVA from the adjacent Yadkin Valley AVA (27
CFR 9.174), which has lower elevations. The remainder of the proposed
eastern boundary follows the Blue Ridge Parkway to separate the
proposed AVA from the Pisgah National Forest, which is unavailable for
commercial viticulture due to its status as a National Forest. The
proposed southern and southwestern boundaries follow the Mitchell
County line, to separate the proposed AVA from the steeper slopes of
the Black Mountains. Additionally, the petition states that the phrase
``High Country'' is not commonly used in reference to the region
southwest of Mitchell County. A portion of the western boundary follows
the 2,000-foot elevation line through Carter County and separates the
high elevations of the proposed AVA from the lower elevations to the
west. The remainder of the proposed western boundary, along with the
proposed northwestern and northern boundary, follows the Johnson and
Grayson County lines, to separate the proposed AVA from regions that
have shallower slope angles and are not generally referred to as ``High
Country.''
Distinguishing Features
The distinguishing features of the proposed Appalachian High
Country AVA include its topography, climate, and soils.
Topography
The proposed Appalachian High Country is a mountainous region with
high elevations and steep slopes. Elevations range from 1,338 feet to
over 6,000 feet, with vineyards planted at elevations between 2,290 and
4,630 feet. According to the petition, 12 of the 21 vineyards within
the proposed AVA are located at elevations at or above 3,000 feet. The
average slope angle within the proposed AVA is 35.9 degrees, with
vineyards planted on slope angles ranging from 9 to 46 degrees. The
petition states that 11 of the vineyards within the proposed AVA are
planted on slopes with angles of 30 degrees or higher. The following
tables compare the elevations and slope angles of the proposed AVA to
those of the surrounding areas.
---------------------------------------------------------------------------
\15\ Elevations calculated using the U.S. Geological Survey's
Digital Elevation Models.
\16\ Slope angles calculated using the US Geological Survey's
Digital Elevation Models. All regions in the survey area have a
minimum slope angle of 0 degrees.
Table 1--Elevation
[in feet] 15
----------------------------------------------------------------------------------------------------------------
Region Minimum Maximum Mean
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 1,338 6,259 3,127
Northwest....................................................... 1,069 5,728 2,050
Northeast....................................................... 774 3,960 2,313
Southeast....................................................... 177 5,754 1,012
Southwest....................................................... 961 6,660 2,846
----------------------------------------------------------------------------------------------------------------
[[Page 26509]]
Table 2--Slope Angle
[percent] 16
------------------------------------------------------------------------
Region Maximum Mean
------------------------------------------------------------------------
Proposed AVA............................ 78.2 35.9
Northwest............................... 78.4 31
Northeast............................... 77.7 28.1
Southeast............................... 82.3 16.9
Southwest............................... 80.1 37.3
------------------------------------------------------------------------
The data in the tables indicates that the proposed Appalachian High
Country AVA has higher minimum and mean elevations than all of the
surrounding regions, as well as a maximum elevation that is higher than
every region except the region to the southwest, within the Black
Mountains. The data also indicates that although some of the
surrounding areas have greater maximum slope angles, the proposed AVA
has a greater mean slope angle than all of the surrounding regions
except the southwestern region.
The high elevations and steep slope angles affect viticulture
within the proposed Appalachian High Country AVA. Vineyards on the
steepest slopes are terraced to reduce erosion. The steep slopes are
also unsuitable for large-scale mechanized tilling, harvesting, and
spraying. Therefore, instead of planting a single large vineyard, a
vineyard owner within the proposed AVA will often plant multiple small
vineyards, which can be more easily tended by hand.
The high elevations of the proposed AVA expose the vineyards to
greater amounts of solar irradiance than that received by lower
surrounding regions. The following table shows the minimum, maximum,
and mean amount of solar irradiance received in the proposed AVA and
the surrounding regions.
---------------------------------------------------------------------------
\17\ Solar irradiance calculated using ArcGIS software.
Table 3--Solar Irradiance
[Watt hours per acre] 17
----------------------------------------------------------------------------------------------------------------
Region Minimum Maximum Mean
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 18.4 395.4 233.6
Northwest....................................................... 13.7 383.3 221.0
Northeast....................................................... 17.1 329.0 240.0
Southeast....................................................... 9.2 372.7 231.9
Southwest....................................................... 11.3 404.9 219.1
----------------------------------------------------------------------------------------------------------------
The mean amount of solar irradiance the proposed AVA receives is
greater than the amount received in three of the four surrounding
areas; only the northeast region receives a higher mean amount of solar
irradiance. According to the petition, the high amounts of solar
irradiation received in the proposed AVA compensate for the low
temperatures and allow grapes to mature successfully within a short
growing season.
Climate
According to the petition, temperatures within the proposed
Appalachian High Country AVA are cooler than the surrounding regions.
The petition included the following tables that show the average annual
and growing season temperatures for the proposed AVA and the
surrounding regions.
---------------------------------------------------------------------------
\18\ Annual climate indices were calculated using the PRISM
Spatial Climatic Dataset. The PRISM climate data mapping system
combines 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 1981-2010.
Table 4--Average Annual Temperatures
[In degrees Fahrenheit] \18\
----------------------------------------------------------------------------------------------------------------
Location Maximum Minimum Mean
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 62.0 40.9 51.5
Northwest....................................................... 65.9 43.2 54.6
Northeast....................................................... 63.6 42.5 53.1
Southeast....................................................... 70.1 47.1 58.6
Southwest....................................................... 64.9 42.3 53.6
----------------------------------------------------------------------------------------------------------------
Table 5--Average Annual Growing Season Temperatures
[In degrees Fahrenheit] \19\
----------------------------------------------------------------------------------------------------------------
Location Maximum Minimum Mean
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 72.0 50.5 61.3
Northwest....................................................... 76.7 53.1 64.9
[[Page 26510]]
Northeast....................................................... 74.2 52.4 63.3
Southeast....................................................... 80.2 57.2 68.7
Southwest....................................................... 74.4 51.7 63.1
----------------------------------------------------------------------------------------------------------------
The petition also included information on the growing degree days
(GDDs),\20\ Winkler regions,\21\ growing season length, and plant
hardiness zones of locations both within and outside of the proposed
Appalachian High Country AVA. The growing season length, GDDs, and
Winkler regions are all based on the 1981-2010 climate normals, which
were the most recent climate normals available at the time the petition
was submitted. The plant hardiness zone information was gathered from
the United States Department of Agriculture's 2012 Plant Hardiness Zone
interactive map.\22\ The information is included in the following
table.
---------------------------------------------------------------------------
\19\ Growing season indices were also calculated using the PRISM
Spatial Climatic Dataset and climate normal from 1981-2010.
``Growing season'' is defined as the period from April 1-October 31.
\20\ In the Winkler climate classification system, annual heat
accumulation during the growing season, measured in annual growing
degree days (GDDs), 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. See
Albert J. Winkler, General Viticulture (Berkeley: University of
California Press, 1974), pages 61-64.
\21\ In the Winkler climate classification system, geographical
areas are divided into five climate zones based on growing degree
days (GDDs), with Region I being the coolest and Region V being the
hottest. The zone ranges are as follows: Region I = 2,500 GDDs or
less; Region II = 2,501-3,000 GDDs; Region III = 3,001-3,500 GDDs;
Region IV = 3,501-4,000 GDDs; Region V = 4,001 GDDs or more. See
Albert J. Winkler, General Viticulture (Berkeley: University of
California Press, 1974), pages 61-64.
\22\ The plant hardiness zone scale is based on average annual
minimum winter temperatures, divided into 10-degree Fahrenheit zones
ranging from a low of 1 to a high of 13. Each zone is further
divided into two 5-degree sub-zones labeled ``a'' and ``b,'' with
the ``a'' zone being the colder zone. See
www.planthardiness.ars.usda.gov/PHZMWeb.
Table 6--GDDs, Winkler Regions, Growing Season Length, and Plant Hardiness Zones
----------------------------------------------------------------------------------------------------------------
Growing season
Location Growing degree Winkler region length (in Plant hardiness zone
days days)
----------------------------------------------------------------------------------------------------------------
Proposed AVA..................... 2,635 I/II............... 139.2 6a/6b (-10 to 0 degrees
Fahrenheit).
Northwest........................ 3,507 III/IV............. 153.6 6b (-5 to 0 degrees
Fahrenheit).
Northeast........................ 3,114 III................ 157.3 6b (-5 to 0 degrees
Fahrenheit).
Southeast........................ 3,762 IV/V............... 161.3 7a/7b (0 to 10 degrees
Fahrenheit).
Southwest........................ 3,341 III................ 148.3 6b/7a (-5 to 5 degrees
Fahrenheit).
----------------------------------------------------------------------------------------------------------------
The climate data presented in the three tables shows that the
proposed Appalachian High Country AVA is a cool region with a shorter
growing season and fewer GDDs than the surrounding regions. According
to the petition, the cool climate, small accumulation of GDDs, and
short growing season within the proposed viticulture area have an
effect on viticulture. For instance, varieties of grapes that require
warm temperatures and a long period of time to mature successfully do
not grow well within the proposed AVA. Instead, vineyard owners within
the proposed AVA choose to plant cold-hardy hybrid varietals of grapes
such as Marquette, traminette, seyval blanc, cabernet franc, vidal
blanc, and Frontenac. These varieties require less time to reach full
maturity and can withstand the colder winter temperatures of the
proposed AVA. The petition also notes that the temperatures of the
proposed AVA are well-suited for the production of ice wine, which must
be produced from grapes that have been naturally frozen on the vine.
According to the petition, temperatures within the proposed AVA can
easily drop low enough to freeze the mature grapes before they rot.
The petition also included information about the average annual and
growing season precipitation amounts for the proposed Appalachian High
Country AVA and the surrounding areas. The information is included in
the following table.
---------------------------------------------------------------------------
\23\ Data collected using the PRISM Spatial Climate Dataset and
the 1981-2010 climate normals.
Table 7--Precipitation
[In inches] \23\
------------------------------------------------------------------------
Average
Location Average annual growing season
precipitation precipitation
------------------------------------------------------------------------
Proposed AVA............................ 48.6 29.5
Northwest............................... 45.3 27.0
Northeast............................... 46.4 28.6
Southeast............................... 47.2 28.2
Southwest............................... 53.0 30.9
------------------------------------------------------------------------
[[Page 26511]]
The data shows that the proposed AVA receives more rainfall than
all the surrounding regions except the region to the southwest.
According to the petition, the high rainfall amounts of the proposed
AVA affect viticulture. High rainfall amounts, particularly during the
growing season, can promote disease and fungus in grapevines. However,
the cold-hardy hybrid varietals prevalent within the proposed AVA have
also been bred for disease resistance. Therefore, the petition states,
the grapes grown in the proposed AVA are well-suited to withstand both
cold and wet climates.
Soils
The soils of the proposed Appalachian High Country AVA are derived
from igneous and metamorphic rocks such as gneiss and granite. The
soils are described as well-drained soils with a fine, loamy texture.
In environments with high annual precipitation amounts, such as the
proposed AVA, well-drained soils help reduce the risk of fungus and rot
in grapevines. The petition states that organic matter comprises up to
14 percent of the soils in the proposed AVA, providing an excellent
source of nutrients for grapevines. The soils are also considered very
deep, with 60 inches or more to bedrock, which provides ample room for
root growth.
The petition states that there are 26 soil series associations
represented within the proposed AVA. Eight of these soil series
associations comprise 82 percent of the total soils of the proposed
AVA. The following table sets out the eight major soil series
associations and the percentage each series makes up of the total
proposed AVA soils.
---------------------------------------------------------------------------
\24\ Source: 2013 USDA Natural Resources Conservation Service
Web Soil Survey (www.websoilsurvey.nrcs.usda.gov).
Table 8--Major Soil Series Associations Within the Proposed AVA \24\
------------------------------------------------------------------------
Percentage of
Soil series association total proposed
AVA soils
------------------------------------------------------------------------
Tusquitee-Edneyville.................................... 24
Hayesville.............................................. 17
Tate-Maymead-Ditney..................................... 9
Tusquitee-Porters-Fannin-Evard-Brevard-Ashe............. 9
Chester-Ashe............................................ 7
Watauga-Clifton-Chandler................................ 7
Clifton-Chester......................................... 5
Tusquitee-Porters-Codorus-Chester....................... 4
Total............................................... 82
------------------------------------------------------------------------
The soils of the proposed Appalachian High Country AVA distinguish
it from the surrounding regions. According to the petition, two of the
eight most prevalent soil series associations within the proposed AVA
(Watauga--Clifton--Chandler and Clifton-Chester) are not found in the
surrounding regions. Other soil series associations found within the
proposed AVA are also found in the regions outside the proposed AVA to
the northeast and southwest, but in greater amounts. For example, to
the northeast of the proposed AVA, the Hayesville soil series
association is the most prevalent soil series association, comprising
43 percent of the soils. By contrast, this soil series association
makes up only 17 percent of the soils of the proposed AVA. Two other
major soil series associations are prevalent to the northeast of the
proposed AVA. The Myersville--Catoctin and the Wallen-Lilly--Drypond--
Dekalb soil series associations comprise 15 and 12 percent of the soils
in those regions, respectively. These two soil series associations
combined only account for 3 percent of the soils within the proposed
AVA. Southwest of the proposed AVA the Chester-Ashe soil series
association is the most prevalent association, comprising 27 percent of
the soils, compared to only 7 percent of the soils within the proposed
AVA.
The soil series associations that are most prevalent in the areas
southeast and northwest of the proposed AVA are present only in
miniscule amounts within the proposed AVA. The most common soil series
association in the region to the southeast of the proposed AVA is the
Hiwassee--Cecil association, which makes up 30 percent of that region's
soils. The region to the northwest of the proposed AVA is dominated by
the Frederick--Carbo soil series association, which comprises 22
percent of that region's soils.
Summary of Distinguishing Features
In summary, the evidence provided in the petition indicates that
the geographic features of the proposed Appalachian High Country AVA
distinguish it from the surrounding regions in each direction. The
following table summarizes the distinguishing features of the proposed
AVA and the surrounding regions.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Location Distinguishing features
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed Appalachian High Country AVA.... Elevations between 1,338 and 6,259 feet.
Mean slope angle of 35.9 percent.
High levels of solar irradiance.
Cool Region I/II climate with short growing season.
Average annual precipitation total of 48.6 inches.
Soils primarily of the Tusquitee--Edneyville soil series association.
Northwest................................ Elevations between 1,069 and 5,728 feet.
Mean slope angle of 31 percent.
Lower levels of solar irradiance.
Warm Region III/IV climate with long growing season.
Average annual precipitation total of 45.3 inches.
Soils primarily of the Frederick--Carbo soil series association.
Northeast................................ Elevations between 774 and 3,906 feet.
Mean slope angle of 28.1 percent.
Lower levels of solar irradiance.
Warm Region III climate with long growing season.
Average annual precipitation total of 46.4 inches.
Soils primarily of the Hayesville soil series association.
Southeast................................ Elevations between 177 and 5,754 feet.
Mean slope angle of 16.9 percent.
Lower levels of solar irradiance.
Hot Region IV/V climate with long growing season.
[[Page 26512]]
Average annual precipitation total of 47.2 inches.
Soils primarily of the Hiwassee--Cecil soil series association.
Southwest................................ Elevations between 961 and 6,660 feet.
Mean slope angle of 37.3 percent.
Lower levels of solar irradiance.
Warm Region III climate with long growing season.
Average annual precipitation total of 53 inches.
Soils primarily of the Chester--Ashe soil series association.
--------------------------------------------------------------------------------------------------------------------------------------------------------
TTB Determination
TTB concludes that the petition to establish the approximately
2,400-square mile Appalachian High Country AVA merits consideration and
public comment, as invited in this proposed rule.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA in the proposed regulatory text published at the end of this
proposed rule.
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. For a wine to be labeled with an AVA name, at least 85
percent of the wine must be derived from grapes grown within the area
represented by that name, and the wine must meet the other conditions
listed in Sec. 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling with an AVA name and that name
appears in the brand name, then the label is not in compliance and the
bottler must change the brand name and obtain approval of a new label.
Similarly, if the AVA name appears in another reference on the label in
a misleading manner, the bottler would have to obtain approval of a new
label. Different rules apply if a wine has a brand name containing an
AVA name that was used as a brand name on a label approved before July
7, 1986. See Sec. 4.39(i)(2) of the TTB regulations (27 CFR
4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Appalachian High
Country,'' will be recognized as a name of viticultural significance
under Sec. 4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The
text of the proposed regulation clarifies this point. Consequently, if
this proposed rule is adopted as a final rule, wine bottlers using the
name ``Appalachian High Country'' 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 AVA name
as an appellation of origin.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed AVA. 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 Appalachian High Country AVA on wine labels that include the
term ``Appalachian High Country,'' 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 AVA 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 AVA.
Submitting Comments
You may submit comments on this proposed rule 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 proposed rule within Docket No.
TTB-2016-0003 on ``Regulations.gov,'' the Federal e-rulemaking portal,
at https://www.regulations.gov. A direct link to that docket is
available under Notice No. 158 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 400, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
proposed rule. Your comments must reference Notice No. 158 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 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.
[[Page 26513]]
Public Disclosure
TTB will post, and you may view, copies of this proposed rule,
selected supporting materials, and any online or mailed comments
received about this proposal within Docket No. TTB-2016-0003 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. 158. 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 proposed rule, 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.
Please note that TTB is unable to provide copies of USGS maps or any
similarly-sized documents that may be included as part of the AVA
petition. Contact TTB's information specialist at the above address or
by telephone at 202-453-2265 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 an AVA name would be the result of a proprietor's
efforts and consumer acceptance of wines from that area. Therefore, no
regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this 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. Appalachian High Country.
(a) Name. The name of the viticultural area described in this
section is ``Appalachian High Country''. For purposes of part 4 of this
chapter, ``Appalachian High Country'' is a term of viticultural
significance.
(b) Approved maps. The 46 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Appalachian High Country viticultural area are titled:
(1) Unicoi, Tenn.--N.C, 1939; photorevised 1978;
(2) Iron Mountain gap, Tenn.--N.C., 1960; photorevised 1968;
(3) Johnson City, Tenn., 1959; photorevised 1968;
(4) Elizabethton, Tenn., 1959; photorevised 1968;
(5) Watauga Dam, Tenn., 1960;
(6) Carter, Tenn., 1938; photorevised 1969;
(7) Keenburg, Tenn., 1960;
(8) Doe, Tenn., 1938; photorevised 1969;
(9) Shady Valley, Tenn.--VA., 1960; photorevised 1970;
photoinspected 1988;
(10) Laurel Bloomery, Tenn.--VA., 1938; photorevised 1969;
(11) Grayson, Tenn.--N.C.--VA., 1959; photoinspected 1976;
(12) Park, N.C.--VA., 1959; photorevised 1978;
(13) Whitetop Mountain, VA., 1959; photorevised 1978;
(14) Trout Dale, VA., 1959; photorevised 1978; photoinspected 1988;
(15) Middle Fox Creek, VA., 1959; photoinspected 1988;
(16) Cedar Springs, VA., 1959; photorevised 1978; photoinspected
1988;
(17) Speedwell, VA., 1968; photorevised 1979;
(18) Cripple Creek, VA., 1968; photoinspected 1988;
(19) Austinville, VA., 1965; photorevised 1979; photoinspected
1982;
(20) Galax, VA., 1965; photorevised 1984;
(21) Cumberland Knob, N.C.--VA., 1965; photorevised 1977;
(22) Lambsburg, VA.--N.C., 1965; photorevised 1977;
(23) Roaring Gap, N.C., 1971;
(24) Glade Valley, N.C., 1968;
(25) Traphill, N.C., 1968;
(26) Whitehead, N.C., 1968;
(27) McGrady, N.C., 1968; photoinspected 1984;
(28) Horse Gap, N.C., 1968;
(29) Laurel Springs, N.C., 1968;
(30) Glendale Springs, N.C., 1967;
(31) Maple Springs, N.C., 1966;
(32) Deep Gap, N.C., 1967;
(33) Buffalo Cove, N.C., 1967;
(34) Globe, N.C., 1959;
(35) Grandfather Mountain, N.C., 1960; photorevised 1978;
(36) Newland, N.C., 1960; photorevised 1978;
(37) Linville Falls, N.C., 1994;
(38) Ashford, N.C., 1994;
(39) Little Switzerland, N.C., 1994;
(40) Spruce Pine, N.C., 1994;
(41) Celo, N.C., 1994;
(42) Micaville, N.C., 1960; photorevised 1978;
(43) Bakersville, N.C.,--Tenn., 1960; photorevised 1978;
(44) Burnsville, N.C., 1998;
(45) Huntdale, N.C.--Tenn., 1939; and
(46) Chestoa, Tenn.--N.C., 1939; photorevised 1978.
(c) Boundary. The Appalachian High Country viticultural area is
located in all or portions of Alleghany, Ashe, Avery, Mitchell, and
Watauga Counties in North Carolina; Carter and Johnson Counties in
Tennessee; and Grayson County in Virginia. The boundary of the
Appalachian High Country viticultural area is as described below:
(1) The beginning point is on the Unicoi map, at the point where
the Unicoi/Mitchell County line intersects with an unnamed road known
locally as Unaka Mountain Road near Beauty Spot Gap, Tennessee. From
the beginning point, proceed northeasterly approximately 7.3 miles
along the Unicoi/Mitchell County line, crossing onto the Iron Mountain
Gap map, to the intersection of the Unicoi/Mitchell County line with
the Carter County line; then
(2) Proceed northerly along the Unicoi/Carter County line
[[Page 26514]]
approximately 9.3 miles, crossing back onto the Unicoi map and then
onto the Johnson City map, to the intersection of the Unicoi/Carter
County line with the 2,000-foot elevation contour, southeast of an
unnamed road known locally as Whispering Pine Road; then
(3) Proceed southeasterly along the meandering 2,000-foot elevation
contour, crossing onto the Unicoi map and then back onto the Johnson
City map, and continuing onto the Elizabethton map for approximately 19
miles to the intersection of the elevation contour with an unnamed road
known locally as Brimer Road near Bremer Hollow; then
(4) Proceed northwesterly approximately 1,500 feet along Brimer
Road to an unnamed road known locally as Jenkins Hollow Road; then
(5) Proceed easterly approximately 1.4 miles along Jenkins Hollow
Road, crossing the Doe River, to U.S. Route 321 in the town of Valley
Forge, Tennessee; then
(6) Proceed north approximately 400 feet along U.S. Route 321 to an
unnamed road known locally as Ruby Harmon Road; then
(7) Proceed northeasterly approximately 360 feet along Ruby Harmon
Road to an unnamed road known locally as Nanny Goat Hill Road; then
(8) Proceed easterly approximately 0.2 mile along Nanny Goat Hill
Road to the 1,800-foot elevation contour, east of an unnamed road known
locally as Gene Mathes Road; then
(9) Proceed northeasterly approximately 0.4 mile along the 1,800-
foot elevation contour to an unnamed road known locally as Franklin
Lane; then
(10) Proceed southerly approximately 0.3 mile along Franklin Lane
to the 2,000-foot elevation contour; then
(11) Proceed northeasterly along the meandering 2,000-foot
elevation contour, crossing over Hardin Branch, Clover Branch, South
Pierce Branch, and North Pierce Branch, to a fifth, unnamed stream;
then
(12) Proceed northerly approximately 0.47 mile along the unnamed
stream to an unnamed road known locally as Wilbur Dam Road; then
(13) Proceed southeasterly approximately 0.25 mile along Wilbur Dam
Road to Wilbur Dam; then
(14) Proceed northeasterly across Wilbur Dam to the marked
transmission line; then
(15) Proceed northerly approximately 0.5 mile along the
transmission line to the 2,000-foot elevation contour; then
(16) Proceed northeasterly approximately 19 miles along the
meandering 2,000-foot elevation contour, crossing over the Watauga Dam
map and onto the Carter map, and continuing along the 2,000-foot
elevation contour as it crosses over State Route 91 near Sadie,
Tennessee, and turns southwesterly, and continuing southwesterly for
approximately 22.2 miles along the 2,000-foot elevation contour,
crossing onto the Keenburg map and circling Carter Knob, to the
intersection of the 2,000-foot elevation contour with the Carter/
Sullivan County line; then
(17) Proceed southeasterly, then northeasterly, approximately 7
miles along the Carter/Sullivan County line to an unnamed road known
locally as National Forest Road 56, near Low Gap, Tennessee; then
(18) Proceed easterly approximately 0.75 miles along National
Forest Road 56, crossing onto the Carter map, to the Carter/Sullivan
County line; then
(19) Proceed easterly approximately 10.4 miles along the Carter/
Sullivan County line, crossing over the Doe map (northwestern corner)
and onto the Shady Valley Map, to the intersection of the Carter/
Sullivan County line with the Johnson County line at Rich Knob,
Tennessee; then
(20) Proceed northeasterly approximately 13.4 miles along the
Johnson/Sullivan County line, crossing onto the Laurel Bloomery map, to
the intersection of the Johnson/Sullivan County line with the
Washington County line at the Virginia/Tennessee State line; then
(21) Proceed easterly approximately 10 miles along the Johnson/
Washington County line, crossing onto the Grayson map, to the
intersection of the Johnson/Washington County line with the Grayson
County line; then
(22) Proceed east, then northeasterly, then southeasterly, along
the Grayson County line, crossing over the Park, Whitetop Mountain,
Trout Dale, Middle Fox Creek, Cedar Springs, Speedwell, Cripple Creek,
Austinville, Galax, and Cumberland Knob maps and onto the Lambsburg
map, to the intersection of the Grayson County line with the Surry
County line and an unnamed road known locally as Fisher's Peak Road, at
the Virginia/North Carolina State line; then
(23) Proceed west along the Grayson/Surry County line, crossing
back onto the Cumberland Knob map, to Alleghany County line; then
(24) Proceed southerly, then northwesterly, then southwesterly
along the Alleghany County line, crossing over the Roaring Gap, Glade
Valley, Traphill (northeastern corner), Whitehead, McGrady
(northwestern corner), Horse Gap, and Laurel Springs map, then back
onto the Horse Gap map and continuing along the Alleghany County line
on the Horse Gap map to the Ashe/Wilkes County line at Mulberry Gap,
North Carolina; then
(25) Proceed westerly, then southwesterly along the Ashe/Wilkes
County line, crossing over the Glendale Springs and onto the Maple
Springs map, then back onto the Glendale Springs map, then back onto
the Maple Springs map, and continuing along the Ashe/Wilkes County line
on the Maple Springs map to the intersection of the Ashe/Wilkes County
line and the Watauga County line at Thomkins Knob, North Carolina; then
(26) Proceed southwesterly along the Watauga/Wilkes County line,
crossing over the Deep Gap map (southeastern corner) and onto the
Buffalo Cove map, to the intersection of the Watauga/Wilkes County line
and the Caldwell County line at White Rock Mountain, North Carolina;
then
(27) Proceed west along the Watauga/Caldwell County line, crossing
over the Globe map and onto the Grandfather Mountain map, to the
intersection of the Watauga/Caldwell County line with the Avery County
line at Calloway Peak, North Carolina; then
(28) Proceed southeasterly approximately 1.8 miles along the
Caldwell/Avery County line to the boundary of the Blue Ridge Parkway at
Pilot Knob, North Carolina; then
(29) Proceed southwesterly approximately 11.6 miles along the Blue
Ridge Parkway boundary, crossing over the Newland map (southeastern
corner) and onto the Linville Falls map, to the intersection of the
parkway boundary with the Avery/Burke County line; then
(30) Proceed northwesterly, then southwesterly, for a total of
approximately 4.2 miles along the Avery/Burke County line to the
McDowell County line; then
(31) Proceed southerly approximately 5 miles along the Avery/
McDowell County line to the Mitchell County line; then
(32) Proceed southerly, then southwesterly, along the McDowell/
Mitchell County line, crossing over the Ashford (northwestern corner)
and Little Switzerland (northeastern corner) maps and onto the Spruce
Pine map, then back onto the Little Switzerland map and continuing
along the McDowell/Mitchell County line, crossing onto the Celo map, to
the intersection of the McDowell/Mitchell County line with the Yancey
County line; then
(33) Proceed west then northerly along the Mitchell/Yancey County
line,
[[Page 26515]]
crossing over the Micaville, Bakersville, Huntdale (southeastern
corner), and Burnsville maps, then back onto the Huntdale map and
continuing along the Mitchell/Yancy County line, crossing onto the
Chestoa map, to the intersection of the Mitchell/Yancey County line
with the Mitchell/Unicoi County line, which is concurrent with the
Tennessee/North Carolina State line; then
(34) Proceed northeasterly along the Mitchell/Unicoi County line,
crossing back over the Huntsdale (northwestern corner) map and onto the
Unicoi map, and returning to the beginning point.
Signed: April 25, 2016.
Mary G. Ryan,
Deputy Administrator.
[FR Doc. 2016-10291 Filed 5-2-16; 8:45 am]
BILLING CODE 4810-31-P
