Establishment of the Appalachian High Country Viticultural Area, 74677-74681 [2016-25970]
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Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations
K. Effects on the Energy Supply (E.O.
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553(b) we find that there is good cause
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account clients (vulnerable individuals).
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address any comments received.
List of Subjects in 25 CFR Part 11
Courts, Indians—law.
For the reason stated in the preamble
the Department of the interior, Bureau
of Indian Affairs amends part 11 in title
25 of the Code of Federal Regulations as
follows:
PART 11—COURTS OF INDIAN
OFFENSES AND LAW AND ORDER
CODE
1. The authority for part 11 continues
to read as follows:
■
Authority: 5 U.S.C. 301; R.S. 463, 25
U.S.C. 2; R.S. 465, 25 U.S.C. 9; 42 Stat. 208,
25 U.S.C. 13; 38 Stat. 586, 25 U.S.C. 200.
Subpart A—Application; Jurisdiction
74677
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2016–0003; T.D. TTB–144;
Ref: Notice No. 158]
RIN 1513–AC25
Establishment of the Appalachian High
Country Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) establishes 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 viticultural area
is not located within any other
viticultural area. TTB designates
viticultural areas to allow vintners to
better describe the origin of their wines
and to allow consumers to better
identify wines they may purchase.
DATES: This final rule is effective
November 28, 2016.
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:
SUMMARY:
2. In § 11.100, add paragraph (d) to
read as follows:
Background on Viticultural Areas
§ 11.100 Where are Courts of Indian
Offenses established?
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
■
*
*
*
*
*
(d) This part applies to the Indian
country (as defined in 18 U.S.C. 1151
and by Federal precedent) within the
exterior boundaries of the Wind River
Reservation in Wyoming.
Dated: October 17, 2016.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary—Indian
Affairs.
[FR Doc. 2016–26039 Filed 10–26–16; 8:45 am]
BILLING CODE 4337–15–P
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Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations
Treasury Order 120–01, dated January
24, 2003), to the TTB Administrator to
perform the functions and duties in the
administration and enforcement of these
laws.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes TTB to establish
definitive viticultural areas and regulate
the use of their names as appellations of
origin on wine labels and in wine
advertisements. Part 9 of the TTB
regulations (27 CFR part 9) sets forth
standards for the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas (AVAs) and
lists the approved AVAs.
jstallworth on DSK7TPTVN1PROD with RULES
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 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)
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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
the establishment of the ‘‘Appalachian
High Country’’ AVA. The proposed
AVA covers approximately 2,400-square
miles 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. There are
21 commercially-producing vineyards
covering a total of approximately 71
acres distributed throughout the
proposed AVA, along with 10 wineries.
According to the petition, an additional
8 vineyards comprising approximately
37 acres are planned in the near future.
The proposed Appalachian High
Country AVA is not located within any
established AVA. According to the
petition, the distinguishing features of
the proposed Appalachian High Country
AVA are its topography, climate, and
soils.
The topography of the proposed AVA,
which is located within the
Appalachian Mountains, is
characterized by high elevations and
steep slopes. Elevations within the
proposed AVA range from 1,338 feet to
over 6,000 feet, and most vineyards are
planted at elevations between 2,290 and
4,630 feet. The high elevations expose
vineyards within the proposed AVA to
high amounts of solar irradiance, which
promotes grape maturation and
compensates for low temperatures and a
short growing season. The average slope
angle within the proposed AVA is 35.9
degrees, and most vineyards are planted
on slopes with angles of 30 degrees or
greater. Because of the steep slopes,
many of the vineyards within the
proposed AVA are terraced to prevent
erosion, and most of the vineyards’
work is done by hand rather than by
machinery. The regions surrounding the
proposed AVA all have lower average
elevations as well as smaller average
slope angles, except for the region to the
southwest of the proposed AVA, which
has a slightly greater average slope
angle.
The proposed Appalachian High
Country AVA is also characterized by a
cool climate and a short growing season.
The average annual temperature within
the proposed AVA is 51.5 degrees
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Fahrenheit. The proposed AVA
accumulates an average of 2,635
growing degree days during the growing
season, which is approximately 139
days long. Because of the cool climate
and short growing season, the proposed
AVA is suitable for growing cold-hardy
grape varietals such as Marquette, Vidal
Blanc, and Frontenac, which do not
have a lengthy maturation time. By
contrast, the regions surrounding the
proposed AVA have warmer
temperatures, longer growing seasons,
and higher growing degree
accumulations, making these regions
more suitable for growing grape
varietals that require warmer
temperatures and a longer maturation
time.
The soils of the proposed
Appalachian High Country AVA are
derived from igneous and metamorphic
rocks such as granite and gneiss. All of
the common soil series within the
proposed AVA are described as deep,
well-drained soils with a fine, loamy
texture. The well-drained soils help
reduce the risk of rot and fungus in the
grapevines. Organic matter comprises
up to 14 percent of the soils within the
proposed AVA, providing an excellent
source of nutrients for vineyards. The
most prevalent soil series is the
Tusquitee-Edneyville series, which
covers approximately 24 percent of the
proposed AVA. By contrast, in the
surrounding regions, other soil series
are more prominent. To the northeast of
the proposed AVA, the Hayesville series
is the most common soil series, and the
Frederick–Carbo soil series is most
commonly found in the region
northwest of the proposed AVA.
Southeast of the proposed AVA, the
dominant soil series is the HiwasseeCecil association, and the Chester–Ashe
series is the most common soil series to
the southwest of the proposed AVA.
Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 158 in the
Federal Register on May 3, 2016 (81 FR
26507), proposing to establish the
Appalachian High Country AVA. In the
notice, TTB summarized the evidence
from the petition regarding the name,
boundary, and distinguishing features
for the proposed AVA. The notice also
compared the distinguishing features of
the proposed AVA to the features of the
surrounding areas. For a detailed
description of the evidence relating to
the name, boundary, and distinguishing
features of the proposed AVA, and for
a detailed comparison of the
distinguishing features of the proposed
AVA to the surrounding areas, see
Notice No. 158.
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Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations
In Notice No. 158, TTB solicited
comments on the accuracy of the name,
boundary, and other required
information submitted in support of the
petition. The comment period closed on
July 5, 2016. TTB received a total of 68
comments in response to Notice No.
158. During the comment period, TTB
received 67 comments, including
comments from local winery and
vineyard owners, local residents, the
president of the Tennessee Farm
Winegrowers Alliance, officers from the
University of Tennessee and the North
Carolina State University Agricultural
Extension Offices, the mayor of Johnson
City (TN), the Johnson County (TN)
Tourism Committee, the Johnson
County Chamber of Commerce, the
Appalachian Region Wine Growers
Association, the Carter County (TN)
Tourism Association, the Elizabethton
(TN) Planning and Economic
Development Department, a former
mayor of Elizabethton, a former
Tennessee State Representative, and the
owner and publisher of the Carolina
Mountain Life magazine. After the
comment period closed, TTB received
an additional letter of support signed by
two U.S. Representatives from North
Carolina, a Representative from
Virginia, and a Representative from
Tennessee. Sixty-seven of the 68 total
comments received supported the
proposed AVA, with many commenters
stating their belief that an AVA
designation could promote economic
growth in their communities.
One comment opposed the proposed
Appalachian High Country AVA. The
commenter, a neighbor of one of the
vineyards in the proposed AVA, states
that the vineyard owner frequently uses
a propane cannon to deter birds and
other wildlife from eating the grapes.
The commenter asserts that the noise
from the cannon affects her ability to
enjoy her property and that the vineyard
owner has refused requests from
neighbors to use alternate wildlife
deterrent methods such as netting. The
commenter states her belief that
approval of the proposed AVA would
encourage the development of new
vineyards that might also use propane
cannons. The commenter states that she
cannot support the establishment of the
proposed AVA unless TTB prohibits
vineyard owners in the AVA from using
propane cannons within a mile of other
residences.
The prohibition or restriction of the
use of wildlife deterrent devices is
outside the scope of TTB’s authority.
The use of such devices by current or
future vineyard owners is not related to
the name, boundaries, or distinguishing
features of the proposed area and, as a
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result, is not a factor for TTB’s
consideration in the establishment of a
proposed AVA.
TTB Determination
After careful review of the petition
and the comments received, TTB finds
that the evidence provided by the
petitioner supports the establishment of
the Appalachian High Country AVA.
Accordingly, under the authority of the
FAA Act, section 1111(d) of the
Homeland Security Act of 2002, and
parts 4 and 9 of the TTB regulations,
TTB establishes the ‘‘Appalachian High
Country’’ AVA in portions of North
Carolina, Tennessee, and Virginia,
effective 30 days from the publication
date of this document.
Boundary Description
See the narrative description of the
boundary of the AVA in the regulatory
text published at the end of this final
rule.
Maps
The petitioner provided the required
maps, and they are listed below in the
regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name
or with a brand name that includes an
AVA name, at least 85 percent of the
wine must be derived from grapes
grown within the area represented by
that name, and the wine must meet the
other conditions listed in § 4.25(e)(3). If
the wine is not eligible for labeling with
an AVA name and that name appears in
the brand name, then the label is not in
compliance and the bottler must change
the brand name and obtain approval of
a new label. Similarly, if the AVA name
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label. Different rules apply if a wine has
a brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
27 CFR 4.39(i)(2) for details.
With the establishment of this AVA,
its name, ‘‘Appalachian High Country,’’
will be recognized as a name of
viticultural significance under
§ 4.39(i)(3). The text of the regulation
clarifies this point. Consequently, 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, will have to ensure that the
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74679
product is eligible to use the AVA name
as an appellation of origin.
The establishment of the Appalachian
High Country AVA will not affect any
existing AVA. The establishment of the
Appalachian High Country AVA will
allow vintners to use ‘‘Appalachian
High Country’’ as an appellation of
origin for wines made primarily from
grapes grown within the Appalachian
High Country AVA if the wines meet the
eligibility requirements for the
appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will
not have a significant economic impact
on a substantial number of small
entities. The regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of an AVA name
would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
It has been determined that this final
rule is not a significant regulatory action
as defined by Executive Order 12866 of
September 30, 1993. Therefore, no
regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this final
rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, TTB amends title 27, chapter
I, part 9, Code of Federal Regulations, as
follows:
PART 9—AMERICAN VITICULTURAL
AREAS
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
§ 9.260 to read as follows:
■
§ 9.260
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.
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Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations
(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;
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(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
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
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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
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 mile 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
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(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
VerDate Sep<11>2014
13:32 Oct 26, 2016
Jkt 241001
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,
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,
returning to the beginning point.
Signed: September 14, 2016.
John J. Manfreda,
Administrator.
Approved: October 17, 2016.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2016–25970 Filed 10–26–16; 8:45 am]
BILLING CODE 4810–31–P
PO 00000
Frm 00025
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74681
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2016–0964]
Drawbridge Operation Regulation;
Sacramento River, Sacramento, CA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Tower
Drawbridge across the Sacramento
River, mile 59.0, at Sacramento, CA. The
deviation is necessary to allow the
community to participate in the Run
Because You Can 5K event. This
deviation allows the bridge to remain in
the closed-to-navigation position during
the deviation period.
DATES: This deviation is effective from
8 a.m. to 10:30 a.m. on November 6,
2016.
ADDRESSES: The docket for this
deviation, [USCG–2016–0964], is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email David H.
Sulouff, Chief, Bridge Section, Eleventh
Coast Guard District; telephone 510–
437–3516, email David.H.Sulouff@
uscg.mil.
SUPPLEMENTARY INFORMATION: California
Department of Transportation has
requested a temporary change to the
operation of the Tower Drawbridge,
mile 59.0, over Sacramento River, at
Sacramento, CA. The vertical lift bridge
navigation span provides a vertical
clearance of 30 feet above Mean High
Water in the closed-to-navigation
position. The draw operates as required
by 33 CFR 117.189(a). Navigation on the
waterway is commercial and
recreational.
The drawspan will be secured in the
closed-to-navigation position from 8
a.m. to 10:30 a.m. on November 6, 2016,
to allow the community to participate in
the Run Because You Can 5K event.
This temporary deviation has been
coordinated with the waterway users.
No objections to the proposed
temporary deviation were raised.
Vessels able to pass through the
bridge in the closed position may do so
at anytime. The bridge will not be able
SUMMARY:
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]]>Agencies
[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Rules and Regulations]
[Pages 74677-74681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25970]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2016-0003; T.D. TTB-144; Ref: Notice No. 158]
RIN 1513-AC25
Establishment of the Appalachian High Country Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes
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 viticultural area is not located within any other
viticultural area. TTB designates viticultural areas to allow vintners
to better describe the origin of their wines and to allow consumers to
better identify wines they may purchase.
DATES: This final rule is effective November 28, 2016.
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
[[Page 74678]]
Treasury Order 120-01, dated January 24, 2003), to the TTB
Administrator to perform the functions and duties in the administration
and enforcement of these laws.
Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to
establish definitive viticultural areas and regulate the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets
forth standards for the preparation and submission 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 the establishment of the ``Appalachian High
Country'' AVA. The proposed AVA covers approximately 2,400-square miles
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. There are 21 commercially-producing
vineyards covering a total of approximately 71 acres distributed
throughout the proposed AVA, along with 10 wineries. According to the
petition, an additional 8 vineyards comprising approximately 37 acres
are planned in the near future. The proposed Appalachian High Country
AVA is not located within any established AVA. According to the
petition, the distinguishing features of the proposed Appalachian High
Country AVA are its topography, climate, and soils.
The topography of the proposed AVA, which is located within the
Appalachian Mountains, is characterized by high elevations and steep
slopes. Elevations within the proposed AVA range from 1,338 feet to
over 6,000 feet, and most vineyards are planted at elevations between
2,290 and 4,630 feet. The high elevations expose vineyards within the
proposed AVA to high amounts of solar irradiance, which promotes grape
maturation and compensates for low temperatures and a short growing
season. The average slope angle within the proposed AVA is 35.9
degrees, and most vineyards are planted on slopes with angles of 30
degrees or greater. Because of the steep slopes, many of the vineyards
within the proposed AVA are terraced to prevent erosion, and most of
the vineyards' work is done by hand rather than by machinery. The
regions surrounding the proposed AVA all have lower average elevations
as well as smaller average slope angles, except for the region to the
southwest of the proposed AVA, which has a slightly greater average
slope angle.
The proposed Appalachian High Country AVA is also characterized by
a cool climate and a short growing season. The average annual
temperature within the proposed AVA is 51.5 degrees Fahrenheit. The
proposed AVA accumulates an average of 2,635 growing degree days during
the growing season, which is approximately 139 days long. Because of
the cool climate and short growing season, the proposed AVA is suitable
for growing cold-hardy grape varietals such as Marquette, Vidal Blanc,
and Frontenac, which do not have a lengthy maturation time. By
contrast, the regions surrounding the proposed AVA have warmer
temperatures, longer growing seasons, and higher growing degree
accumulations, making these regions more suitable for growing grape
varietals that require warmer temperatures and a longer maturation
time.
The soils of the proposed Appalachian High Country AVA are derived
from igneous and metamorphic rocks such as granite and gneiss. All of
the common soil series within the proposed AVA are described as deep,
well-drained soils with a fine, loamy texture. The well-drained soils
help reduce the risk of rot and fungus in the grapevines. Organic
matter comprises up to 14 percent of the soils within the proposed AVA,
providing an excellent source of nutrients for vineyards. The most
prevalent soil series is the Tusquitee-Edneyville series, which covers
approximately 24 percent of the proposed AVA. By contrast, in the
surrounding regions, other soil series are more prominent. To the
northeast of the proposed AVA, the Hayesville series is the most common
soil series, and the Frederick-Carbo soil series is most commonly found
in the region northwest of the proposed AVA. Southeast of the proposed
AVA, the dominant soil series is the Hiwassee-Cecil association, and
the Chester-Ashe series is the most common soil series to the southwest
of the proposed AVA.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 158 in the Federal Register on May 3, 2016
(81 FR 26507), proposing to establish the Appalachian High Country AVA.
In the notice, TTB summarized the evidence from the petition regarding
the name, boundary, and distinguishing features for the proposed AVA.
The notice also compared the distinguishing features of the proposed
AVA to the features of the surrounding areas. For a detailed
description of the evidence relating to the name, boundary, and
distinguishing features of the proposed AVA, and for a detailed
comparison of the distinguishing features of the proposed AVA to the
surrounding areas, see Notice No. 158.
[[Page 74679]]
In Notice No. 158, TTB solicited comments on the accuracy of the
name, boundary, and other required information submitted in support of
the petition. The comment period closed on July 5, 2016. TTB received a
total of 68 comments in response to Notice No. 158. During the comment
period, TTB received 67 comments, including comments from local winery
and vineyard owners, local residents, the president of the Tennessee
Farm Winegrowers Alliance, officers from the University of Tennessee
and the North Carolina State University Agricultural Extension Offices,
the mayor of Johnson City (TN), the Johnson County (TN) Tourism
Committee, the Johnson County Chamber of Commerce, the Appalachian
Region Wine Growers Association, the Carter County (TN) Tourism
Association, the Elizabethton (TN) Planning and Economic Development
Department, a former mayor of Elizabethton, a former Tennessee State
Representative, and the owner and publisher of the Carolina Mountain
Life magazine. After the comment period closed, TTB received an
additional letter of support signed by two U.S. Representatives from
North Carolina, a Representative from Virginia, and a Representative
from Tennessee. Sixty-seven of the 68 total comments received supported
the proposed AVA, with many commenters stating their belief that an AVA
designation could promote economic growth in their communities.
One comment opposed the proposed Appalachian High Country AVA. The
commenter, a neighbor of one of the vineyards in the proposed AVA,
states that the vineyard owner frequently uses a propane cannon to
deter birds and other wildlife from eating the grapes. The commenter
asserts that the noise from the cannon affects her ability to enjoy her
property and that the vineyard owner has refused requests from
neighbors to use alternate wildlife deterrent methods such as netting.
The commenter states her belief that approval of the proposed AVA would
encourage the development of new vineyards that might also use propane
cannons. The commenter states that she cannot support the establishment
of the proposed AVA unless TTB prohibits vineyard owners in the AVA
from using propane cannons within a mile of other residences.
The prohibition or restriction of the use of wildlife deterrent
devices is outside the scope of TTB's authority. The use of such
devices by current or future vineyard owners is not related to the
name, boundaries, or distinguishing features of the proposed area and,
as a result, is not a factor for TTB's consideration in the
establishment of a proposed AVA.
TTB Determination
After careful review of the petition and the comments received, TTB
finds that the evidence provided by the petitioner supports the
establishment of the Appalachian High Country AVA. Accordingly, under
the authority of the FAA Act, section 1111(d) of the Homeland Security
Act of 2002, and parts 4 and 9 of the TTB regulations, TTB establishes
the ``Appalachian High Country'' AVA in portions of North Carolina,
Tennessee, and Virginia, effective 30 days from the publication date of
this document.
Boundary Description
See the narrative description of the boundary of the AVA in the
regulatory text published at the end of this final rule.
Maps
The petitioner provided the required maps, and they are listed
below in the regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in Sec.
4.25(e)(3). If the wine is not eligible for labeling with an AVA name
and that name appears in the brand name, then the label is not in
compliance and the bottler must change the brand name and obtain
approval of a new label. Similarly, if the AVA name appears in another
reference on the label in a misleading manner, the bottler would have
to obtain approval of a new label. Different rules apply if a wine has
a brand name containing an AVA name that was used as a brand name on a
label approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
With the establishment of this AVA, its name, ``Appalachian High
Country,'' will be recognized as a name of viticultural significance
under Sec. 4.39(i)(3). The text of the regulation clarifies this
point. Consequently, 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, will have to ensure that the
product is eligible to use the AVA name as an appellation of origin.
The establishment of the Appalachian High Country AVA will not
affect any existing AVA. The establishment of the Appalachian High
Country AVA will allow vintners to use ``Appalachian High Country'' as
an appellation of origin for wines made primarily from grapes grown
within the Appalachian High Country AVA if the wines meet the
eligibility requirements for the appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of an AVA
name would be the result of a proprietor's efforts and consumer
acceptance of wines from that area. Therefore, no regulatory
flexibility analysis is required.
Executive Order 12866
It has been determined that this final rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.260 to read as follows:
Sec. 9.260 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.
[[Page 74680]]
(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
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 mile 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
[[Page 74681]]
(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, 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, returning to the beginning point.
Signed: September 14, 2016.
John J. Manfreda,
Administrator.
Approved: October 17, 2016.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2016-25970 Filed 10-26-16; 8:45 am]
BILLING CODE 4810-31-P
