Establishment of the Appalachian High Country Viticultural Area, 74677-74681 [2016-25970]

Download as PDF Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations K. Effects on the Energy Supply (E.O. 13211) This rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required. L. Clarity of This Regulation We are required by Executive Orders 12866 (section 1(b)(12)), and 12988 (section 3(b)(1)(B)), and 13563 (section 1(a)), and by the Presidential Memorandum of June 1, 1998, to write all rules in plain language. This means that each rule we publish must: (a) Be logically organized; (b) Use the active voice to address readers directly; (c) Use common, everyday words and clear language rather than jargon; (d) Be divided into short sections and sentences; and (e) Use lists and tables wherever possible. If you feel that we have not met these requirements, send us comments by one of the methods listed in the ADDRESSES section. To better help us revise the rule, your comments should be as specific as possible. For example, you should tell us the numbers of the sections or paragraphs that you find unclear, which sections or sentences are too long, the sections where you think lists or tables would be useful, etc. jstallworth on DSK7TPTVN1PROD with RULES M. Public Availability of Comments Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. N. Determination To Issue an Interim Final Rule With Immediate Effective Date We are publishing this interim final rule with a request for comment without prior notice and comment, as allowed under 5 U.S.C. 553(b). Under section 553(b) we find that there is good cause to effectuate this rule without prior notice, and comments are unnecessary and would be contrary to the public interest. This rule is necessary to ensure that a court is immediately available to administer justice on land within the Wind River Indian Reservation. If the Tribal Court were to cease or suspend operations, this would affect, among others, child and adult protection, and supervised Individual Indian Money VerDate Sep<11>2014 13:32 Oct 26, 2016 Jkt 241001 account clients (vulnerable individuals). Accordingly, a gap in the provision of judicial services on the Reservation would harm the tribes and their members. As allowed under 5 U.S.C. 553(d)(3), the effective date of this rule is the date of publication in the Federal Register. Good cause for an immediate effective date exists because the delay in publishing this rule would inhibit access to justice for tribal members and likely obstruct speedy trial rights for members of those tribes coming under the jurisdiction of the CFR court. We are requesting comments on this interim final rule. We will review any comments received and, by a future publication in the Federal Register, 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 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 TTB Authority E:\FR\FM\27OCR1.SGM 27OCR1 74678 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) VerDate Sep<11>2014 13:32 Oct 26, 2016 Jkt 241001 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 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 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. E:\FR\FM\27OCR1.SGM 27OCR1 jstallworth on DSK7TPTVN1PROD with RULES 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 VerDate Sep<11>2014 13:32 Oct 26, 2016 Jkt 241001 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 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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. E:\FR\FM\27OCR1.SGM 27OCR1 jstallworth on DSK7TPTVN1PROD with RULES 74680 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; VerDate Sep<11>2014 13:32 Oct 26, 2016 Jkt 241001 (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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27OCR1.SGM 27OCR1 jstallworth on DSK7TPTVN1PROD with RULES Federal Register / Vol. 81, No. 208 / Thursday, October 27, 2016 / Rules and Regulations (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 Fmt 4700 Sfmt 4700 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 http://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: E:\FR\FM\27OCR1.SGM 27OCR1

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[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]


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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.

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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