Proposed Establishment of the Crest of the Blue Ridge Henderson County Viticultural Area, 62743-62750 [2018-26323]
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[FR Doc. 2018–26361 Filed 12–4–18; 8:45 am]
BILLING CODE 4910–13–P
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their wines and to allow consumers to
better identify wines they may
purchase. TTB invites comments on this
proposed addition to its regulations.
DATES: Comments must be received by
February 4, 2019.
ADDRESSES: Please send your comments
on this proposed rule to one of the
following addresses:
• internet: https://
www.regulations.gov (via the online
comment form for this proposed rule as
posted within Docket No. TTB–2018–
0009 at ‘‘Regulations.gov,’’ the Federal
e-rulemaking portal);
• U.S. Mail: Director, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005; or
• Hand delivery/courier in lieu of
mail: Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Suite
400, Washington, DC 20005.
See the Public Participation section of
this proposed rule for specific
instructions and requirements for
submitting comments, and for
information on how to request a public
hearing or view or request copies of the
petition and supporting materials.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2018–0009; Notice No.
178]
RIN 1513–AC43
Proposed Establishment of the Crest
of the Blue Ridge Henderson County
Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 215-square
mile ‘‘Crest of the Blue Ridge Henderson
County’’ viticultural area in Henderson
County, North Carolina. The proposed
viticultural area is not located within,
nor does it contain, any other
established viticultural area. TTB
designates viticultural areas to allow
vintners to better describe the origin of
SUMMARY:
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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 7, 2013, (superseding
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
provisions.
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Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
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.
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Requirements
Section 4.25(e)(2) of the TTB
regulations (27 CFR 4.25(e)(2)) outlines
the procedure for proposing an AVA
and provides that any interested party
may petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes standards for petitions for the
establishment or modification of AVAs.
Petitions to establish an AVA must
include the following:
• Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
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• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
Crest of the Blue Ridge Henderson
County Petition
TTB received a petition from Mark
Williams, the executive director of
Agribusiness Henderson County, and
Barbara Walker, the county extension
support specialist for North Carolina
Cooperative Extension, on behalf of
local grape growers and winemakers,
proposing to establish the
approximately 215-square mile ‘‘Crest of
the Blue Ridge Henderson County’’
AVA. The proposed AVA has 14
commercial vineyards, covering a total
of approximately 70 acres. According to
the petition, several existing vineyards
are planning to expand by a total of 55
additional acres in the next 5 years. In
addition, there are two wineries located
within the proposed AVA.
According to the petition, the
distinguishing features of the proposed
Crest of the Blue Ridge Henderson
County AVA are its climate and
topography—specifically its elevation.
Unless otherwise noted, all information
and data pertaining to the proposed
AVA contained in this proposed rule
comes from the petition for the
proposed Crest of the Blue Ridge
Henderson County AVA and its
supporting exhibits.
Name Evidence
The proposed Crest of the Blue Ridge
Henderson County AVA straddles the
ridgeline that forms the crest of the Blue
Ridge Mountains. The ridgeline forming
the crest of the Blue Ridge is marked
and labeled on eight of the nine U.S.G.S.
topographic maps used to form the
boundary of the proposed AVA. Because
the entire crest covers a multi-State
region that is significantly larger than
the proposed AVA, the petitioners
added ‘‘Henderson County’’ to the
proposed name in order to identify the
location of the proposed AVA more
specifically. TTB is not requiring the
addition of ‘‘North Carolina’’ to the
proposed name because TTB is not
aware of the crest of the Blue Ridge
Mountains running through any other
county named Henderson County.
According to the petition, the term
‘‘Crest of the Blue Ridge’’ was first used
by Colonel Joseph Pratt, who was the
chief of the North Carolina Geological
and Economic Survey from 1906 to
1923.1 In 197, Pratt proposed creating a
1 See North Carolina History Project (site last
accessed August 27, 2018), https://
northcarolinahistory.org/encyclopedia/blue-ridgeparkway; see also Mitchell County Historical
Society (site last accessed August 27, 2018), https://
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scenic road and chain of tourist hotels
atop or adjacent to the summit of the
Blue Ridge Mountains. Pratt named the
project the ‘‘Crest of the Blue Ridge
Highway.’’ Several small sections of the
road were built, but the start of World
War I interrupted the work, and
completion was put on hold. In the end,
the project was never completed, but the
term ‘‘Crest of the Blue Ridge’’ survived
and remains in widespread, present-day
use to describe areas of the Southern
Appalachians, especially in North
Carolina.
The petition included examples of
current use of the term ‘‘Crest of the
Blue Ridge’’ to describe the region of the
proposed AVA. Henderson County is
also often promoted as the Crest of the
Blue Ridge Agricultural Area for its
variety of commercial agricultural
products. For example, the Henderson
County Tourism Development
Authority’s ‘‘Cheers Trail’’ publication,
which advertises commercial breweries,
cideries, and wineries in the county,
notes that all the producers on the trail
are ‘‘located in Henderson County in the
Crest of the Blue Ridge Agricultural
Area.’’ 2 The county also promotes its
apple orchards with its Crest of the Blue
Ridge Orchard Trail guide.3
Agribusiness Henderson County, a local
non-profit agriculture and agri-tourism
advocate, promotes the county’s farm
businesses through its Southern
Mountain Fresh brand, which states,
‘‘Enjoy the freshness of the Crest of the
Blue Ridge Mountains and sustain our
local heritage.’’ 4
Finally, two wineries with vineyards
within the proposed AVA use the term
‘‘Crest of the Blue Ridge’’ to describe
their locations. Burntshirt Vineyards’
website states that its vineyards occupy
‘‘. . . a unique position with two
vineyards on both sides of the Eastern
Continental Divide on the Crest of the
Blue Ridge.’’ 5 St. Paul Mountain
Vineyards’ website describes its
vineyards as being ‘‘on the crest of the
Blue Ridge in Edneyville.’’ 6
mitchellnchistory.org/2016/12/21/crest-blue-ridgehighway-parkway-parkway/.
2 Henderson County Tourism Development
Authority (site last accessed August 27, 2018),
https://visithendersonvillenc.org/wp-content/
uploads/cheers-trail.pdf.
3 Henderson County Tourism Development
Authority (site last accessed August 27, 2018),
https://visithendersonvillenc.org/wp-content/
uploads/crest-br-orchard-trail-1.pdf.
4 Agribusiness Henderson County (site last
accessed August 27, 2018), https://
southernmountainfresh.com.
5 Burntshirt Vineyards (site last accessed August
27, 2018), https://www.burntshirtvineyards.com/
info/vineyards.
6 St. Paul Mountain Vineyards (site last accessed
August 27, 2018), https://
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Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
Boundary Evidence
Distinguishing Features
The proposed Crest of the Blue Ridge
Henderson County AVA is located in
Henderson County, North Carolina, and
straddles the ridgeline that forms the
crest of the Blue Ridge Mountains. To
the east and south of the proposed AVA
are the low, rolling hills of the Inner
Piedmont region. To the west of the
proposed AVA are the rugged
mountains of the Pisgah National Forest.
To the north of the proposed AVA are
the Asheville Basin, which is marked by
the wide valley of the French Broad
River, and the rugged highlands that
surround the basin.
The distinguishing features of the
proposed Crest of the Blue Ridge
Henderson County AVA are its
elevation and climate.
Elevation
The petition describes the proposed
Crest of the Blue Ridge Henderson
County AVA as straddling two
physiographic provinces—the Blue
Ridge Escarpment and the Blue Ridge
Plateau, which are separated by the
Eastern Continental Divide, also known
as the Crest of the Blue Ridge. To the
north of the proposed AVA are two
distinct geomorphic regions: The
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Asheville Basin and a region of higher
mountains known informally as the
‘‘northern highlands,’’ which includes
the Black Mountain range and Mount
Mitchell, the highest point east of the
Mississippi River. To the east and south
of the proposed AVA is the Inner
Piedmont region. West of the proposed
AVA are the rugged mountains of the
Pisgah National Forest.
The petition included information
about the minimum, maximum, and
mean elevations of the proposed Crest of
the Blue Ridge Henderson County AVA
and each of the surrounding regions.
That information is summarized in the
following table.
TABLE 1—ELEVATION
Elevation parameters
(in feet)
Region
Minimum
Proposed AVA .............................................................................................................................
North (Asheville Basin) ................................................................................................................
North (Highlands) .........................................................................................................................
East ..............................................................................................................................................
South ............................................................................................................................................
West .............................................................................................................................................
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The data in Table 1 shows that the
proposed AVA has elevations that are
generally lower than those in the region
to the west and in the northern
highlands region. The regions to the
south and east of the proposed AVA, as
well as in the Asheville Basin to the
north, are generally lower than the
proposed AVA. According to the
petition, elevation plays a major role in
determining the temperatures, length of
growing season, and precipitation
within the proposed AVA. In general,
regions at high elevations have cooler
temperatures and shorter growing
seasons than regions at low elevations.
Regions at intermediate elevations, such
as the proposed AVA, generally have
warmer temperatures and longer
growing seasons than neighboring
regions within higher elevations, and
they have cooler temperatures and
saintpaulmountainvineyards.com/scripts/
historyPg.cfm.
7 PRISM Climate Group, Oregon State University,
https://prism.oregonstate.edu. Data from the PRISM
climate data mapping system was used to calculate
the average growing season temperatures for the
area within the proposed AVA and areas
surrounding the proposed AVA. PRISM is a
computerized climate mapping system that
estimates climate patterns by using data gathered
from weather stations, global positioning systems,
and remote sensing technologies, along with other
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shorter growing seasons than adjacent
lower elevations.
Climate
The petition for the proposed Crest of
the Blue Ridge Henderson County AVA
included information on several
different climate aspects of the proposed
AVA and surrounding regions,
including average growing season
temperatures, average length of growing
season, growing degree day zones, and
precipitation amounts for the proposed
AVA and the surrounding regions. The
climate data is based on data generated
by the Precipitation-elevation
Regressions on Independent Slopes
Model (PRISM) Climate Group at
Oregon State University.7
1,394.4
1,236.9
1,305.8
702.1
816.9
1,958.7
Maximum
4,396.3
3,284.1
6,684.0
3,966.5
3,631.9
5,715.2
Mean
2,361.8
2,147.9
3,177.8
1,150.9
1,409.5
2,769.9
season temperatures of the proposed
AVA and the surrounding regions. The
petition states that a professor at
Southern Oregon University used the
average growing season temperatures of
major wine producing areas of the world
to create four major ‘‘Climate/Maturity
Groupings.’’ 8 The information was
intended to help vineyard owners
determine what varietals would ripen
the best in their region.9 Using this
system, the petitioners calculated the
average growing season temperatures of
the proposed AVA and the surrounding
regions, as well as the percentage of
land within each region that fell into
each of the climate/maturity groupings,
as summarized in Table 2.
Temperature
First, the petition included
information on the average growing
factors such as elevation, longitude, slope angles,
and solar aspects. Such ‘‘climate normals’’ are only
calculated every 10 years and at the time the
petition was submitted, the most recent climate
normals available were from the period of 1980–
2010. See Christopher Daly and Kirk Bryant, June
2013, ‘‘The PRISM Climate and Weather System—
An Introduction’’ (site last accessed August 27,
2018), https://prism.oregonstate.edu/documents/
PRISM_history_jun2013.pdf; see also Daly et al.,
February 1994, ‘‘A Statistical-Topographic Model
for Mapping Climatological Precipitation over
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Mountainous Terrain’’ (site last accessed August 27,
2018), https://prism.oregonstate.edu/documents/
pubs/1994jappclim_mountainPrecip_gibson.pdf.
8 See GuildSomm, Gregory Jones, ‘‘Climate
Grapes, and Wine—Terroir and the Importance of
Climate to Winegrape Production,’’ August 12, 2015
(site last accessed August 27, 2018), https://
www.guildsomm.com/public_content/features/
articles/b/gregory_jones/posts/climate-grapes-andwine.
9 Id.
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Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
TABLE 2—AVERAGE GROWING SEASON TEMPERATURES
[Degrees Fahrenheit]
Wine grape climate/maturity groupings
Region
Cool
(55–59 °F)
Intermediate
(59–63 °F)
Warm
(63–67 °F)
Hot
(67–72 °F)
Percentage of Each Region in Each Grouping
Proposed AVA .................................................................................................
North (Asheville Basin) ....................................................................................
North (Highlands) .............................................................................................
East ..................................................................................................................
South ................................................................................................................
West .................................................................................................................
As shown in Table 2, the majority of
the proposed Crest of the Blue Ridge
Henderson County AVA has average
annual growing season temperatures
that are in the ‘‘Warm’’ grouping. No
portion of the proposed AVA falls into
the ‘‘Cool’’ or ‘‘Intermediate’’ groupings.
The Ashville Basin region north of the
proposed AVA has a larger percentage
of land within the ‘‘Warm’’ grouping
and also has some land that can be
classified in the slightly cooler
‘‘Intermediate’’ grouping. The highlands
region north of the proposed AVA and
the region to the west of the proposed
AVA are both primarily within the
‘‘Intermediate’’ grouping, while the
X
X
4.0
X
X
5.6
regions to the south and east of the
proposed AVA are mainly within the
‘‘Hot’’ grouping. According to the
petition, regions in the ‘‘Warm’’
grouping are well-suited for growing
grape varietals such as Merlot, Cabernet
Franc, and Cabernet Sauvignon, which
are among the most commonly grown
grape varietals within the proposed
AVA.
Growing Season Length 10
As shown in Tables 3 and 4 below,
the petition also included data on the
length of the growing season within the
proposed Crest of the Blue Ridge
Henderson County AVA and the
surrounding regions. The petition states
X
1.7
66.7
4.9
X
57.2
94.9
97.0
29.3
13.4
3.8
36.5
5.1
1.3
X
81.7
96.2
0.7
that according to a vineyard site study
conducted by the Institute for the
Application of Geospatial Technologies
and Cornell University’s College of
Agriculture and Life Sciences,11 regions
with growing seasons shorter than 160
days are generally unsuitable for
vineyards because the grapes will not
have sufficient time to ripen. Locations
with growing seasons of 170 to 180 days
are considered ‘‘satisfactory,’’ while
sites with growing seasons of 180 to 190
days are considered ‘‘good.’’ Vineyard
locations with growing seasons of over
190 days are considered ‘‘not limited by
growing season’’ and are generally the
most desirable sites.
TABLE 3—GROWING SEASON LENGTH
Growing season length in days
Region
140–150
150–160
160–170
170–180
180–190
190–200
200–210
210–220
220–230
230–240
59.7
82.8
2.7
13.0
2.7
13.3
0.6
3.6
X
41.6
16.9
0.4
X
X
X
36.3
78.3
X
Percentage of each region in each category
Proposed AVA ..............................
North (Asheville Basin) ................
North (Highlands) .........................
East ..............................................
South ............................................
West .............................................
X
X
0.2
X
X
X
TABLE 4—MEAN GROWING SEASON
LENGTH
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Region
Growing
season
length
(days)
Proposed AVA ......................
North (Asheville Basin) .........
North (Highlands) .................
East .......................................
South ....................................
West ......................................
209
213
197
225
231
196
10 The petition defines ‘‘growing season length’’
as the average number of days between the last
28 °F temperature in the spring and the first
occurrence of this temperature in the fall. The
petition states that plant tissues begin to freeze and
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X
X
0.9
X
X
1.1
X
X
2.0
X
X
3.9
0.1
X
5.0
0.2
X
7.9
0.7
X
21.3
0.6
X
17.5
6.2
0.1
27.4
2.4
0.4
26.4
32.7
13.5
40.5
5.9
1.7
29.5
The data in Tables 3 and 4 shows that
the proposed Crest of the Blue Ridge
Henderson County AVA has a growing
season that is longer than the northern
highlands region and the region to the
west of the proposed AVA and shorter
than the Asheville Basin region and the
regions to the east and south. The
petition notes that although the majority
of land within the proposed AVA has a
growing season of between 210 and 220
days, there is also a large percentage of
land with a growing season length
between 200 and 210 days, and a small
percentage of land with a growing
season length of between 170 and 190
days. As a result, the proposed AVA can
support some early-ripening varietals of
grapes, as well as varietals that require
longer growing seasons.
die at 28 °F. See also Institute for the Application
of Geospatial Technologies and Cornell University’s
College of Agriculture and Life Sciences—New
York Site Vineyard Elevation Project, Alan N. Lasko
and Tim E. Martinson, ‘‘The Basics of Vineyard Site
Elevation and Selection,’’ (site last accessed August
27, 2018), https://arcserver2.iagt.org/vll/
learnmore.aspx.
11 See Lasko, id.
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Growing Degree Day Zones
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Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
within the proposed AVA and the
surrounding regions. GDD zones range
As shown in Table 5 below, the
petition also included an analysis of the
growing degree day (GDD) zones 12 13
from Zone I (coolest) to Zone V
(warmest).
TABLE 5—GROWING DEGREE DAY REGIONS
Growing degree day regions
Region
Zone I
Zone II
Zone III
Zone IV
Zone V
Percentage of occurrence in each location
Proposed AVA .....................................................................
North (Asheville Basin) ........................................................
North (Highlands) .................................................................
East ......................................................................................
South ....................................................................................
West .....................................................................................
As shown in Table 5, most of the
proposed Crest of the Blue Ridge
Henderson County AVA is classified as
Zone III with GDD accumulations of
between 3,001 and 3,500. The data
supports the petition’s assertion that the
proposed AVA has a long, warm
growing season that is cooler than the
regions to the south and east of the
Asheville Basin and warmer than the
region to the west and the northern
highlands region. The petition states
that the two primary GDD zones found
within the proposed AVA are suitable
for growing both cooler-climate grapes
such as Cabernet Sauvignon and
Cabernet Franc as well as warmerclimate grapes such as Sauvignon Blanc
and Syrah.
1.3
X
43.6
2.3
X
46.6
18.1
6.6
46.2
6.0
0.9
36.6
Precipitation
Finally, the petition included
information on the mean annual,
growing season, and winter
precipitation amounts for the proposed
AVA and the surrounding regions for
the period from 1980–2010. According
to the petition, within the region of the
proposed AVA, air moving inland from
the southeastern Atlantic Ocean and the
Gulf of Mexico drops its moisture along
the mountainous elevations of the Blue
Ridge Escarpment and the Eastern
Continental Divide. As a result,
precipitation amounts decrease as one
moves from southeast to northwest
through the region. Sufficient annual
precipitation amounts are important to
prevent vines from experiencing
excessive heat and water stress.
77.5
89.7
10.1
11.0
2.8
16.0
3.1
3.7
0.1
34.0
4.0
0.7
X
X
X
46.7
92.3
0.1
The data shown below in Table 6
demonstrates that the proposed Crest of
the Blue Ridge Henderson County AVA
generally has higher mean annual
precipitation amounts than the regions
to the north and lower mean annual
precipitation amounts than the regions
to the east and south, which are within
the Blue Ridge Escarpment. Although
the data also suggests that the region to
the west of the proposed AVA also has
higher annual precipitation amounts
than the proposed AVA, Figure 18 of the
petition shows that the higher rainfall
amounts are actually in the region to the
southwest of the proposed AVA, where
moist air from the Gulf of Mexico
encounters high elevations, rather than
in the region due west of the proposed
AVA, which is in the rain shadow of the
Eastern Continental Divide.
TABLE 6—MEAN ANNUAL PRECIPITATION IN INCHES
Region
Minimum
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Proposed AVA .............................................................................................................................
North (Asheville Basin) ................................................................................................................
North (Highlands) .........................................................................................................................
East ..............................................................................................................................................
South ............................................................................................................................................
West .............................................................................................................................................
45.1
36.4
37.9
46.6
45.9
37.1
Maximum
70.8
50.5
72.3
75.4
82.4
93.5
Mean
57.5
42.6
50.7
60.3
60.2
62.8
The petition states that is also
important to consider the timing of the
rainfall. For example, the petition states
that during the growing season,
excessive rainfall can cause excess vine
and leaf growth, promote fungal disease,
and attract insects, while too little
rainfall can stress the vines and lead to
reduced photosynthesis, cell
desiccation, and potential death of the
vines. The petition also cites a study
that found that the recommended
growing season precipitation amount for
vineyards in North Carolina is between
24 and 30 inches.14 The data shown
below in Table 7 demonstrates that the
mean minimum growing season
precipitation amount within the
proposed AVA meets the minimum
recommended amount. The mean
growing season amount slightly exceeds
the recommended precipitation amount.
12 See Albert J. Winkler, General Viticulture
(Berkeley: University of California Press, 1974),
pages 61–64. In the Winkler climate classification
system, annual heat accumulation during the
growing season, measured in annual GDDs, defines
climatic regions. One GDD accumulates for each
degree Fahrenheit that a day’s mean temperature is
above 50 degrees F, the minimum temperature
required for grapevine growth.
13 Id. In the Winkler scale, the GDD regions are
defined as follows: Region I = less than 2,500 GDDs;
Region II = 2,501–3,000 GDDs; Region III = 3,001–
3,500 GDDs; Region IV = 3,501–4,000 GDDs; Region
V = greater than 4,000 GDDs.
14 Poling, E.B., 2006, ed., The North Carolina
Winegrape Growers Guide: North Carolina State
University, Department of Horticultural Sciences,
page 41.
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TABLE 7—MEAN GROWING SEASON PRECIPITATION IN INCHES
Region
Minimum
Proposed AVA .............................................................................................................................
North (Asheville Basin) ................................................................................................................
North (Highlands) .........................................................................................................................
East ..............................................................................................................................................
South ............................................................................................................................................
West .............................................................................................................................................
Finally, the petition states that it is
also important to consider the winter
precipitation amounts. Excessive
precipitation during December, January,
and February can delay bud break and
vineyard pruning, leading to a later
harvest date and an increased risk that
grapes will still be on the vine when the
first fall frost occurs. The data listed in
Table 8 below shows that the proposed
AVA has a mean winter precipitation
amount of 13.9 inches, which is
Maximum
27.1
21.5
22.2
27.0
25.0
21.9
Mean
40.9
31.2
42.3
43.7
47.1
51.0
33.2
24.5
28.7
30.2
29.7
34.4
between the lower amounts of the
regions to the north, east, and south and
the higher amount of the region to the
west.
TABLE 8—MEAN WINTER PRECIPITATION IN INCHES
Region
Minimum
Proposed AVA .............................................................................................................................
North (Asheville Basin) ................................................................................................................
North (Highlands) .........................................................................................................................
East ..............................................................................................................................................
South ............................................................................................................................................
West .............................................................................................................................................
Summary of Distinguishing Features
In summary, the evidence provided in
the petition indicates that the elevation
and climate of the proposed Crest of the
Blue Ridge Henderson County AVA
distinguish it from the surrounding
regions in each direction. The proposed
AVA has elevations that are generally
higher than those of the regions to the
south and east and in the Asheville
Basin to the north, and lower than those
of the northern highlands region and the
region to the west. The proposed AVA
also has a moderate climate that slightly
differs from the climate in the Asheville
Basin to the north, is cooler than the
regions to the south and east and
warmer than the region to the west and
the northern highlands. Finally, annual
precipitation amounts in the proposed
AVA are generally lower than amounts
in the regions to the south, west, and
east and higher amounts than the
highlands and Asheville Basin regions
to the north.
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TTB Determination
TTB concludes that the petition to
establish the approximately 215-square
mile Crest of the Blue Ridge Henderson
County AVA merits consideration and
public comment, as invited in this
proposed rule.
Boundary Description
See the narrative description of the
boundary of the petitioned-for AVA in
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the proposed regulatory text published
at the end of this proposed rule.
Maps
The petitioner provided the required
maps, and they are listed below in the
proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name,
at least 85 percent of the wine must be
derived from grapes grown within the
area represented by that name, and the
wine must meet the other conditions
listed in § 4.25(e)(3) of the TTB
regulations (27 CFR 4.25(e)(3)). If the
wine is not eligible for labeling with an
AVA name and that name appears in the
brand name, then the label is not in
compliance and the bottler must change
the brand name and obtain approval of
a new label. Similarly, if the AVA name
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
label. Different rules apply if a wine has
a brand name containing an AVA name
that was used as a brand name on a
label approved before July 7, 1986. See
§ 4.39(i)(2) of the TTB regulations (27
CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA,
its name, ‘‘Crest of the Blue Ridge
Henderson County,’’ will be recognized
as a name of viticultural significance
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Maximum
10.6
8.4
8.9
10.9
12.0
8.9
17.6
12.0
18.6
18.7
20.9
24.5
Mean
13.9
9.7
11.7
12.5
13.4
16.0
under § 4.39(i)(3) of the TTB regulations
(27 CFR 4.39(i)(3)). The text of the
proposed regulation clarifies this point.
Consequently, if this proposed rule is
adopted as a final rule, wine bottlers
using the name ‘‘Crest of the Blue Ridge
Henderson County’’ in a brand name,
including a trademark, or in another
label reference as to the origin of the
wine, would have to ensure that the
product is eligible to use the AVA name
as an appellation of origin. TTB is not
proposing to designate either ‘‘Crest of
the Blue Ridge,’’ standing alone, or
‘‘Blue Ridge,’’ standing alone, as terms
of viticultural significance because the
Blue Ridge Mountains and the ridgeline
that forms the crest of the mountains
both cover a multi-State area that is
significantly larger than the region of
the proposed AVA, which is located
entirely within Henderson County,
North Carolina. Therefore, wine bottlers
using either ‘‘Crest of the Blue Ridge,’’
standing alone, or ‘‘Blue Ridge,’’
standing alone, in a brand name or in
another label reference on their wines
would not be affected by the
establishment of this proposed AVA.
Public Participation
Comments Invited
TTB invites comments from interested
members of the public on whether it
should establish the proposed AVA.
TTB is also interested in receiving
comments on the sufficiency and
accuracy of the name, boundary, soils,
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climate, and other required information
submitted in support of the petition.
Please provide any available specific
information in support of your
comments.
Because of the potential impact of the
establishment of the proposed Crest of
the Blue Ridge Henderson County AVA
on wine labels that include the term
‘‘Crest of the Blue Ridge Henderson
County,’’ as discussed above under
Impact on Current Wine Labels, TTB is
particularly interested in comments
regarding whether there will be a
conflict between the proposed area
name and currently used brand names.
If a commenter believes that a conflict
will arise, the comment should describe
the nature of that conflict, including any
anticipated negative economic impact
that approval of the proposed AVA will
have on an existing viticultural
enterprise. TTB is also interested in
receiving suggestions for ways to avoid
conflicts, for example, by adopting a
modified or different name for the AVA.
Submitting Comments
You may submit comments on this
proposed rule by using one of the
following three methods (please note
that TTB has a new address for
comments submitted by U.S. Mail):
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this
proposed rule within Docket No. TTB–
2018–0009 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 178 on the TTB website at https://
www.ttb.gov/wine/winerulemaking.shtml. Supplemental files
may be attached to comments submitted
via Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the ‘‘Help’’ tab.
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005.
• Hand Delivery/Courier: You may
hand-carry your comments or have them
hand-carried to the Alcohol and
Tobacco Tax and Trade Bureau, 1310 G
Street NW, Suite 400, Washington, DC
20005.
Please submit your comments by the
closing date shown above in this
proposed rule. Your comments must
reference Notice No. 178 and include
your name and mailing address. Your
comments also must be made in
English, be legible, and be written in
language acceptable for public
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disclosure. TTB does not acknowledge
receipt of comments, and TTB considers
all comments as originals.
In your comment, please clearly
indicate if you are commenting on your
own behalf or on behalf of an
association, business, or other entity. If
you are commenting on behalf of an
entity, your comment must include the
entity’s name, as well as your name and
position title. If you comment via
Regulations.gov, please enter the
entity’s name in the ‘‘Organization’’
blank of the online comment form. If
you comment via postal mail or hand
delivery/courier, please submit your
entity’s comment on letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
Confidentiality
All submitted comments and
attachments are part of the public record
and subject to disclosure. Do not
enclose any material in your comments
that you consider to be confidential or
inappropriate for public disclosure.
Public Disclosure
TTB will post, and you may view,
copies of this proposed rule, selected
supporting materials, and any online or
mailed comments received about this
proposal within Docket No. TTB–2018–
0009 on the Federal e-rulemaking
portal, Regulations.gov, at https://
www.regulations.gov. A direct link to
that docket is available on the TTB
website at https://www.ttb.gov/wine/
wine-rulemaking.shtml under Notice
No. 178. You may also reach the
relevant docket through the
Regulations.gov search page at https://
www.regulations.gov. For information
on how to use Regulations.gov, click on
the site’s ‘‘Help’’ tab.
All posted comments will display the
commenter’s name, organization (if
any), city, and State, and, in the case of
mailed comments, all address
information, including email addresses.
TTB may omit voluminous attachments
or material that the Bureau considers
unsuitable for posting.
You may also view copies of this
proposed rule, all related petitions,
maps and other supporting materials,
and any electronic or mailed comments
that TTB receives about this proposal by
appointment at the TTB Information
Resource Center, 1310 G Street, NW,
Washington, DC 20005. You may also
obtain copies at 20 cents per 8.5- x 11inch page. Please note that TTB is
unable to provide copies of USGS maps
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62749
or any similarly-sized documents that
may be included as part of the AVA
petition. Contact TTB’s Regulations and
Rulings Division at the above address,
by email at https://www.ttb.gov/
webforms/contact_RRD.shtm, or by
telephone at 202–453–1039, ext. 175, to
schedule an appointment or to request
copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed
regulation, if adopted, would not have
a significant economic impact on a
substantial number of small entities.
The proposed regulation imposes no
new reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of an AVA name
would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
It has been determined that this
proposed rule is not a significant
regulatory action as defined by
Executive Order 12866 of September 30,
1993. Therefore, no regulatory
assessment is required.
Drafting Information
Karen A. Thornton of the Regulations
and Rulings Division drafted this
proposed rule.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, TTB proposes to amend title
27, chapter I, part 9, Code of Federal
Regulations, as follows:
PART 9—AMERICAN VITICULTURAL
AREAS
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.ll to read as follows:
■
§ 9.ll Crest of the Blue Ridge
Henderson County.
(a) Name. The name of the viticultural
area described in this section is ‘‘Crest
of the Blue Ridge Henderson County’’.
For purposes of part 4 of this chapter,
‘‘Crest of the Blue Ridge Henderson
County’’ is a term of viticultural
significance.
(b) Approved maps. The nine United
States Geological Survey (USGS)
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Federal Register / Vol. 83, No. 234 / Thursday, December 6, 2018 / Proposed Rules
1:24,000 scale topographic maps used to
determine the boundary of the Crest of
the Blue Ridge Henderson County
viticultural area are titled:
(1) Black Mountain, North Carolina,
1941; photorevised 1978;
(2) Bat Cave, North Carolina, 1997;
(3) Cliffield Mountain, North
Carolina, 1946; photorevised 1991;
(4) Saluda, North Carolina–South
Carolina, 1983 (provisional edition);
(5) Zirconia, North Carolina–South
Carolina, 1997;
(6) Standingstone Mountain, South
Carolina–North Carolina, 1997;
(7) Horse Shoe, North Carolina, 1997;
(8) Hendersonville, North Carolina,
1997; and
(9) Fruitland, North Carolina, 1997.
(c) Boundary. The Crest of the Blue
Ridge Henderson County viticultural
area is located in Henderson County,
North Carolina. The boundary of the
Crest of the Blue Ridge Henderson
County viticultural area is as described
below:
(1) The beginning point is on the
Black Mountain map at the 4,412-foot
elevation marker atop Little Pisgah
Mountain, along the shared Buncombe–
Henderson county line. From the
beginning point, proceed southeast
along the shared Buncombe–Henderson
county line approximately 4.4 miles,
crossing onto the Bat Cave map, to the
intersection of the Buncombe–
Henderson county line with the shared
Henderson–Rutherford county line; then
(2) Proceed southerly along the shared
Henderson–Rutherford county line
approximately 5.1 miles to its
intersection with the Polk county line;
then
(3) Proceed southwest along the
shared Henderson–Polk county line
approximately 14.9 miles, crossing over
the Cliffield Mountain map and onto the
Saluda map, to its intersection with the
North Carolina–South Carolina border;
then
(4) Proceed westerly along the North
Carolina–South Carolina border
approximately 8.1 miles, crossing onto
the Zirconia map, to the 3,058-foot
elevation marker atop Big Top
Mountain; then
(5) Proceed northwest in a straight
line approximately 2.0 miles, crossing
onto the Standingstone Mountain map,
to the center of the highest closing
contour atop Maybin Mountain; then
(6) Proceed northeast in a straight line
approximately 2.2 miles, crossing back
onto the Zirconia map, to the
intersection of an unnamed road, known
locally as County Road 1113/Maybin
Road, with Mountain Valley Road, also
known as County Road 1109/Cabin
Creek Road; then
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(7) Proceed northwest along Mountain
Valley Road/County Road 1109/Cabin
Creek Road approximately 1.3 miles,
crossing back onto the Standingstone
Mountain map, to its intersection with
Pinnacle Mountain Road; then
(8) Proceed northwest in a straight
line approximately 1.0 mile to the
intersection of Little Cove Creek with
the 2,800-foor elevation contour; then
(9) Proceed westerly along the 2,800foot elevation contour approximately
2.4 miles to its intersection with an
unnamed creek on the north slope of
Stone Mountain that flows north into
Jeffers Lake; then
(10) Proceed southwest in a straight
line approximately 2.0 miles to the
intersection of the shared Henderson–
Transylvania county line with the
Dupont State Forest boundary atop
Hickory Mountain; then
(11) Proceed northeast along the
Henderson–Transylvania county line
approximately 2.6 miles, crossing onto
the Horse Shoe map, to its intersection
with an unnamed road, known locally
as Clipper Lane, on the hilltop above the
Sentell Cemetery; then
(12) Proceed northeast in a straight
line approximately 1.6 miles to the
center of the highest closing contour
atop Jeter Mountain; then
(13) Proceed southeast in a straight
line approximately 1.3 miles to the
center of the highest closing contour
atop Evans mountain; then
(14) Proceed northeast in a straight
line approximately 2.0 miles to the
center of the highest closing contour
atop Wolf Mountain; then
(15) Proceed northeast in a straight
line approximately 1.2 miles to the
center of the highest closing contour
atop Drake Mountain; then
(16) Proceed northwest in a straight
line approximately 0.7 mile to the
center of the highest closing contour
atop Cantrell Mountain; then
(17) Proceed northeast in a straight
line approximately 3.3 miles to the
2,618-foot elevation marker on the
northeast slope of Long John Mountain;
then
(18) Proceed northeast in a straight
line approximately 1.4 miles, crossing
onto the Hendersonville map, to the
center of the highest closing contour
atop Stoney Mountain; then
(19) Proceed northeast in a straight
line approximately 0.6 mile to the
intersection of Brookside Camp Road
with Dixie Highway; then
(20) Proceed northeast along
Brookside Camp Road approximately
2.1 miles, crossing onto the Fruitland
map, to its intersection with Locust
Grove Road; then
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(21) Proceed northeast along Locust
Grove Road approximately 1.4 miles to
its intersection with an unnamed trail
near Locust Grove Church; then
(22) Proceed northeast in a straight
line approximately 0.7 mile to the
3,442-foot elevation marker atop Rich
Mountain; then
(23) Proceed northwest in a straight
line approximately 0.4 mile to the
intersection of Southern Leveston Road
with an unnamed jeep trail; then
(24) Proceed northwest along
Southern Leveston Road approximately
2.4 miles to its intersection with
Hoopers Creek Road; then
(25) Proceed northeast in a straight
line approximately 0.7 mile to the
2,983-foot elevation marker labeled
Edneyville-5 atop a peak on Burney
Mountain along the shared Henderson–
Buncombe county line; then
(26) Proceed northeast along the
Henderson–Buncombe county line
approximately 8.2 miles, crossing onto
the Black Mountain map, and return to
the beginning point atop Little Pisgah
Mountain.
Signed: September 19, 2018.
John J. Manfreda,
Administrator.
Approved: November 13, 2018.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
[FR Doc. 2018–26323 Filed 12–4–18; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2018–0008; Notice No.
177]
RIN 1513–AC40
Proposed Establishment of the West
Sonoma Coast Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the 141,846-acre ‘‘West
Sonoma Coast’’ viticultural area in
Sonoma County, California. The
proposed viticultural area lies entirely
within the established Sonoma Coast
and North Coast viticultural areas and
contains the established Fort Ross–
Seaview viticultural area. TTB
designates viticultural areas to allow
vintners to better describe the origin of
SUMMARY:
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]]>Agencies
[Federal Register Volume 83, Number 234 (Thursday, December 6, 2018)]
[Proposed Rules]
[Pages 62743-62750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26323]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2018-0009; Notice No. 178]
RIN 1513-AC43
Proposed Establishment of the Crest of the Blue Ridge Henderson
County Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes to
establish the approximately 215-square mile ``Crest of the Blue Ridge
Henderson County'' viticultural area in Henderson County, North
Carolina. The proposed viticultural area is not located within, nor
does it contain, any other established viticultural area. TTB
designates viticultural areas to allow vintners to better describe the
origin of their wines and to allow consumers to better identify wines
they may purchase. TTB invites comments on this proposed addition to
its regulations.
DATES: Comments must be received by February 4, 2019.
ADDRESSES: Please send your comments on this proposed rule to one of
the following addresses:
internet: https://www.regulations.gov (via the online
comment form for this proposed rule as posted within Docket No. TTB-
2018-0009 at ``Regulations.gov,'' the Federal e-rulemaking portal);
U.S. Mail: Director, Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005; or
Hand delivery/courier in lieu of mail: Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street NW, Suite 400, Washington, DC
20005.
See the Public Participation section of this proposed rule for
specific instructions and requirements for submitting comments, and for
information on how to request a public hearing or view or request
copies of the petition and supporting materials.
FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated various
authorities through Treasury Department Order 120-01, dated December 7,
2013, (superseding 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 provisions.
[[Page 62744]]
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.
Crest of the Blue Ridge Henderson County Petition
TTB received a petition from Mark Williams, the executive director
of Agribusiness Henderson County, and Barbara Walker, the county
extension support specialist for North Carolina Cooperative Extension,
on behalf of local grape growers and winemakers, proposing to establish
the approximately 215-square mile ``Crest of the Blue Ridge Henderson
County'' AVA. The proposed AVA has 14 commercial vineyards, covering a
total of approximately 70 acres. According to the petition, several
existing vineyards are planning to expand by a total of 55 additional
acres in the next 5 years. In addition, there are two wineries located
within the proposed AVA.
According to the petition, the distinguishing features of the
proposed Crest of the Blue Ridge Henderson County AVA are its climate
and topography--specifically its elevation. Unless otherwise noted, all
information and data pertaining to the proposed AVA contained in this
proposed rule comes from the petition for the proposed Crest of the
Blue Ridge Henderson County AVA and its supporting exhibits.
Name Evidence
The proposed Crest of the Blue Ridge Henderson County AVA straddles
the ridgeline that forms the crest of the Blue Ridge Mountains. The
ridgeline forming the crest of the Blue Ridge is marked and labeled on
eight of the nine U.S.G.S. topographic maps used to form the boundary
of the proposed AVA. Because the entire crest covers a multi-State
region that is significantly larger than the proposed AVA, the
petitioners added ``Henderson County'' to the proposed name in order to
identify the location of the proposed AVA more specifically. TTB is not
requiring the addition of ``North Carolina'' to the proposed name
because TTB is not aware of the crest of the Blue Ridge Mountains
running through any other county named Henderson County.
According to the petition, the term ``Crest of the Blue Ridge'' was
first used by Colonel Joseph Pratt, who was the chief of the North
Carolina Geological and Economic Survey from 1906 to 1923.\1\ In 197,
Pratt proposed creating a scenic road and chain of tourist hotels atop
or adjacent to the summit of the Blue Ridge Mountains. Pratt named the
project the ``Crest of the Blue Ridge Highway.'' Several small sections
of the road were built, but the start of World War I interrupted the
work, and completion was put on hold. In the end, the project was never
completed, but the term ``Crest of the Blue Ridge'' survived and
remains in widespread, present-day use to describe areas of the
Southern Appalachians, especially in North Carolina.
---------------------------------------------------------------------------
\1\ See North Carolina History Project (site last accessed
August 27, 2018), https://northcarolinahistory.org/encyclopedia/blue-ridge-parkway; see also Mitchell County Historical Society
(site last accessed August 27, 2018), https://mitchellnchistory.org/2016/12/21/crest-blue-ridge-highway-parkway-parkway/.
---------------------------------------------------------------------------
The petition included examples of current use of the term ``Crest
of the Blue Ridge'' to describe the region of the proposed AVA.
Henderson County is also often promoted as the Crest of the Blue Ridge
Agricultural Area for its variety of commercial agricultural products.
For example, the Henderson County Tourism Development Authority's
``Cheers Trail'' publication, which advertises commercial breweries,
cideries, and wineries in the county, notes that all the producers on
the trail are ``located in Henderson County in the Crest of the Blue
Ridge Agricultural Area.'' \2\ The county also promotes its apple
orchards with its Crest of the Blue Ridge Orchard Trail guide.\3\
Agribusiness Henderson County, a local non-profit agriculture and agri-
tourism advocate, promotes the county's farm businesses through its
Southern Mountain Fresh brand, which states, ``Enjoy the freshness of
the Crest of the Blue Ridge Mountains and sustain our local heritage.''
\4\
---------------------------------------------------------------------------
\2\ Henderson County Tourism Development Authority (site last
accessed August 27, 2018), https://visithendersonvillenc.org/wp-content/uploads/cheers-trail.pdf.
\3\ Henderson County Tourism Development Authority (site last
accessed August 27, 2018), https://visithendersonvillenc.org/wp-content/uploads/crest-br-orchard-trail-1.pdf.
\4\ Agribusiness Henderson County (site last accessed August 27,
2018), https://southernmountainfresh.com.
---------------------------------------------------------------------------
Finally, two wineries with vineyards within the proposed AVA use
the term ``Crest of the Blue Ridge'' to describe their locations.
Burntshirt Vineyards' website states that its vineyards occupy ``. . .
a unique position with two vineyards on both sides of the Eastern
Continental Divide on the Crest of the Blue Ridge.'' \5\ St. Paul
Mountain Vineyards' website describes its vineyards as being ``on the
crest of the Blue Ridge in Edneyville.'' \6\
---------------------------------------------------------------------------
\5\ Burntshirt Vineyards (site last accessed August 27, 2018),
https://www.burntshirtvineyards.com/info/vineyards.
\6\ St. Paul Mountain Vineyards (site last accessed August 27,
2018), https://saintpaulmountainvineyards.com/scripts/historyPg.cfm.
---------------------------------------------------------------------------
[[Page 62745]]
Boundary Evidence
The proposed Crest of the Blue Ridge Henderson County AVA is
located in Henderson County, North Carolina, and straddles the
ridgeline that forms the crest of the Blue Ridge Mountains. To the east
and south of the proposed AVA are the low, rolling hills of the Inner
Piedmont region. To the west of the proposed AVA are the rugged
mountains of the Pisgah National Forest. To the north of the proposed
AVA are the Asheville Basin, which is marked by the wide valley of the
French Broad River, and the rugged highlands that surround the basin.
Distinguishing Features
The distinguishing features of the proposed Crest of the Blue Ridge
Henderson County AVA are its elevation and climate.
Elevation
The petition describes the proposed Crest of the Blue Ridge
Henderson County AVA as straddling two physiographic provinces--the
Blue Ridge Escarpment and the Blue Ridge Plateau, which are separated
by the Eastern Continental Divide, also known as the Crest of the Blue
Ridge. To the north of the proposed AVA are two distinct geomorphic
regions: The Asheville Basin and a region of higher mountains known
informally as the ``northern highlands,'' which includes the Black
Mountain range and Mount Mitchell, the highest point east of the
Mississippi River. To the east and south of the proposed AVA is the
Inner Piedmont region. West of the proposed AVA are the rugged
mountains of the Pisgah National Forest.
The petition included information about the minimum, maximum, and
mean elevations of the proposed Crest of the Blue Ridge Henderson
County AVA and each of the surrounding regions. That information is
summarized in the following table.
Table 1--Elevation
----------------------------------------------------------------------------------------------------------------
Elevation parameters (in feet)
Region -----------------------------------------------
Minimum Maximum Mean
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 1,394.4 4,396.3 2,361.8
North (Asheville Basin)......................................... 1,236.9 3,284.1 2,147.9
North (Highlands)............................................... 1,305.8 6,684.0 3,177.8
East............................................................ 702.1 3,966.5 1,150.9
South........................................................... 816.9 3,631.9 1,409.5
West............................................................ 1,958.7 5,715.2 2,769.9
----------------------------------------------------------------------------------------------------------------
The data in Table 1 shows that the proposed AVA has elevations that
are generally lower than those in the region to the west and in the
northern highlands region. The regions to the south and east of the
proposed AVA, as well as in the Asheville Basin to the north, are
generally lower than the proposed AVA. According to the petition,
elevation plays a major role in determining the temperatures, length of
growing season, and precipitation within the proposed AVA. In general,
regions at high elevations have cooler temperatures and shorter growing
seasons than regions at low elevations. Regions at intermediate
elevations, such as the proposed AVA, generally have warmer
temperatures and longer growing seasons than neighboring regions within
higher elevations, and they have cooler temperatures and shorter
growing seasons than adjacent lower elevations.
Climate
The petition for the proposed Crest of the Blue Ridge Henderson
County AVA included information on several different climate aspects of
the proposed AVA and surrounding regions, including average growing
season temperatures, average length of growing season, growing degree
day zones, and precipitation amounts for the proposed AVA and the
surrounding regions. The climate data is based on data generated by the
Precipitation-elevation Regressions on Independent Slopes Model (PRISM)
Climate Group at Oregon State University.\7\
---------------------------------------------------------------------------
\7\ PRISM Climate Group, Oregon State University, https://prism.oregonstate.edu. Data from the PRISM climate data mapping
system was used to calculate the average growing season temperatures
for the area within the proposed AVA and areas surrounding the
proposed AVA. PRISM is a computerized climate mapping system that
estimates climate patterns by using data gathered from weather
stations, global positioning systems, and remote sensing
technologies, along with other factors such as elevation, longitude,
slope angles, and solar aspects. Such ``climate normals'' are only
calculated every 10 years and at the time the petition was
submitted, the most recent climate normals available were from the
period of 1980-2010. See Christopher Daly and Kirk Bryant, June
2013, ``The PRISM Climate and Weather System--An Introduction''
(site last accessed August 27, 2018), https://prism.oregonstate.edu/documents/PRISM_history_jun2013.pdf; see also Daly et al., February
1994, ``A Statistical-Topographic Model for Mapping Climatological
Precipitation over Mountainous Terrain'' (site last accessed August
27, 2018), https://prism.oregonstate.edu/documents/pubs/1994jappclim_mountainPrecip_gibson.pdf.
---------------------------------------------------------------------------
Temperature
First, the petition included information on the average growing
season temperatures of the proposed AVA and the surrounding regions.
The petition states that a professor at Southern Oregon University used
the average growing season temperatures of major wine producing areas
of the world to create four major ``Climate/Maturity Groupings.'' \8\
The information was intended to help vineyard owners determine what
varietals would ripen the best in their region.\9\ Using this system,
the petitioners calculated the average growing season temperatures of
the proposed AVA and the surrounding regions, as well as the percentage
of land within each region that fell into each of the climate/maturity
groupings, as summarized in Table 2.
---------------------------------------------------------------------------
\8\ See GuildSomm, Gregory Jones, ``Climate Grapes, and Wine--
Terroir and the Importance of Climate to Winegrape Production,''
August 12, 2015 (site last accessed August 27, 2018), https://www.guildsomm.com/public_content/features/articles/b/gregory_jones/posts/climate-grapes-and-wine.
\9\ Id.
---------------------------------------------------------------------------
[[Page 62746]]
Table 2--Average Growing Season Temperatures
[Degrees Fahrenheit]
----------------------------------------------------------------------------------------------------------------
Wine grape climate/maturity groupings
---------------------------------------------------------------
Region Cool (55-59 Intermediate Warm (63-67 Hot (67-72
[deg]F) (59-63 [deg]F) [deg]F) [deg]F)
----------------------------------------------------------------------------------------------------------------
Percentage of Each Region in Each Grouping
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................... X X 94.9 5.1
North (Asheville Basin)......................... X 1.7 97.0 1.3
North (Highlands)............................... 4.0 66.7 29.3 X
East............................................ X 4.9 13.4 81.7
South........................................... X X 3.8 96.2
West............................................ 5.6 57.2 36.5 0.7
----------------------------------------------------------------------------------------------------------------
As shown in Table 2, the majority of the proposed Crest of the Blue
Ridge Henderson County AVA has average annual growing season
temperatures that are in the ``Warm'' grouping. No portion of the
proposed AVA falls into the ``Cool'' or ``Intermediate'' groupings. The
Ashville Basin region north of the proposed AVA has a larger percentage
of land within the ``Warm'' grouping and also has some land that can be
classified in the slightly cooler ``Intermediate'' grouping. The
highlands region north of the proposed AVA and the region to the west
of the proposed AVA are both primarily within the ``Intermediate''
grouping, while the regions to the south and east of the proposed AVA
are mainly within the ``Hot'' grouping. According to the petition,
regions in the ``Warm'' grouping are well-suited for growing grape
varietals such as Merlot, Cabernet Franc, and Cabernet Sauvignon, which
are among the most commonly grown grape varietals within the proposed
AVA.
Growing Season Length \10\
---------------------------------------------------------------------------
\10\ The petition defines ``growing season length'' as the
average number of days between the last 28 [deg]F temperature in the
spring and the first occurrence of this temperature in the fall. The
petition states that plant tissues begin to freeze and die at 28
[deg]F. See also Institute for the Application of Geospatial
Technologies and Cornell University's College of Agriculture and
Life Sciences--New York Site Vineyard Elevation Project, Alan N.
Lasko and Tim E. Martinson, ``The Basics of Vineyard Site Elevation
and Selection,'' (site last accessed August 27, 2018), https://arcserver2.iagt.org/vll/learnmore.aspx.
---------------------------------------------------------------------------
As shown in Tables 3 and 4 below, the petition also included data
on the length of the growing season within the proposed Crest of the
Blue Ridge Henderson County AVA and the surrounding regions. The
petition states that according to a vineyard site study conducted by
the Institute for the Application of Geospatial Technologies and
Cornell University's College of Agriculture and Life Sciences,\11\
regions with growing seasons shorter than 160 days are generally
unsuitable for vineyards because the grapes will not have sufficient
time to ripen. Locations with growing seasons of 170 to 180 days are
considered ``satisfactory,'' while sites with growing seasons of 180 to
190 days are considered ``good.'' Vineyard locations with growing
seasons of over 190 days are considered ``not limited by growing
season'' and are generally the most desirable sites.
---------------------------------------------------------------------------
\11\ See Lasko, id.
Table 3--Growing Season Length
--------------------------------------------------------------------------------------------------------------------------------------------------------
Growing season length in days
Region ---------------------------------------------------------------------------------------------------
140-150 150-160 160-170 170-180 180-190 190-200 200-210 210-220 220-230 230-240
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percentage of each region in each category
--------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed AVA........................................ X X X 0.1 0.7 6.2 32.7 59.7 0.6 X
North (Asheville Basin)............................. X X X X X 0.1 13.5 82.8 3.6 X
North (Highlands)................................... 0.2 0.9 2.0 5.0 21.3 27.4 40.5 2.7 X X
East................................................ X X X 0.2 0.6 2.4 5.9 13.0 41.6 36.3
South............................................... X X X X X 0.4 1.7 2.7 16.9 78.3
West................................................ X 1.1 3.9 7.9 17.5 26.4 29.5 13.3 0.4 X
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--Mean Growing Season Length
------------------------------------------------------------------------
Growing season
Region length (days)
------------------------------------------------------------------------
Proposed AVA............................................ 209
North (Asheville Basin)................................. 213
North (Highlands)....................................... 197
East.................................................... 225
South................................................... 231
West.................................................... 196
------------------------------------------------------------------------
The data in Tables 3 and 4 shows that the proposed Crest of the
Blue Ridge Henderson County AVA has a growing season that is longer
than the northern highlands region and the region to the west of the
proposed AVA and shorter than the Asheville Basin region and the
regions to the east and south. The petition notes that although the
majority of land within the proposed AVA has a growing season of
between 210 and 220 days, there is also a large percentage of land with
a growing season length between 200 and 210 days, and a small
percentage of land with a growing season length of between 170 and 190
days. As a result, the proposed AVA can support some early-ripening
varietals of grapes, as well as varietals that require longer growing
seasons.
Growing Degree Day Zones
[[Page 62747]]
As shown in Table 5 below, the petition also included an analysis
of the growing degree day (GDD) zones 12 13 within the
proposed AVA and the surrounding regions. GDD zones range from Zone I
(coolest) to Zone V (warmest).
---------------------------------------------------------------------------
\12\ See Albert J. Winkler, General Viticulture (Berkeley:
University of California Press, 1974), pages 61-64. In the Winkler
climate classification system, annual heat accumulation during the
growing season, measured in annual GDDs, defines climatic regions.
One GDD accumulates for each degree Fahrenheit that a day's mean
temperature is above 50 degrees F, the minimum temperature required
for grapevine growth.
\13\ Id. In the Winkler scale, the GDD regions are defined as
follows: Region I = less than 2,500 GDDs; Region II = 2,501-3,000
GDDs; Region III = 3,001-3,500 GDDs; Region IV = 3,501-4,000 GDDs;
Region V = greater than 4,000 GDDs.
Table 5--Growing Degree Day Regions
----------------------------------------------------------------------------------------------------------------
Growing degree day regions
Region -------------------------------------------------------------------------------
Zone I Zone II Zone III Zone IV Zone V
----------------------------------------------------------------------------------------------------------------
Percentage of occurrence in each location
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................... 1.3 18.1 77.5 3.1 X
North (Asheville Basin)......... X 6.6 89.7 3.7 X
North (Highlands)............... 43.6 46.2 10.1 0.1 X
East............................ 2.3 6.0 11.0 34.0 46.7
South........................... X 0.9 2.8 4.0 92.3
West............................ 46.6 36.6 16.0 0.7 0.1
----------------------------------------------------------------------------------------------------------------
As shown in Table 5, most of the proposed Crest of the Blue Ridge
Henderson County AVA is classified as Zone III with GDD accumulations
of between 3,001 and 3,500. The data supports the petition's assertion
that the proposed AVA has a long, warm growing season that is cooler
than the regions to the south and east of the Asheville Basin and
warmer than the region to the west and the northern highlands region.
The petition states that the two primary GDD zones found within the
proposed AVA are suitable for growing both cooler-climate grapes such
as Cabernet Sauvignon and Cabernet Franc as well as warmer-climate
grapes such as Sauvignon Blanc and Syrah.
Precipitation
Finally, the petition included information on the mean annual,
growing season, and winter precipitation amounts for the proposed AVA
and the surrounding regions for the period from 1980-2010. According to
the petition, within the region of the proposed AVA, air moving inland
from the southeastern Atlantic Ocean and the Gulf of Mexico drops its
moisture along the mountainous elevations of the Blue Ridge Escarpment
and the Eastern Continental Divide. As a result, precipitation amounts
decrease as one moves from southeast to northwest through the region.
Sufficient annual precipitation amounts are important to prevent vines
from experiencing excessive heat and water stress.
The data shown below in Table 6 demonstrates that the proposed
Crest of the Blue Ridge Henderson County AVA generally has higher mean
annual precipitation amounts than the regions to the north and lower
mean annual precipitation amounts than the regions to the east and
south, which are within the Blue Ridge Escarpment. Although the data
also suggests that the region to the west of the proposed AVA also has
higher annual precipitation amounts than the proposed AVA, Figure 18 of
the petition shows that the higher rainfall amounts are actually in the
region to the southwest of the proposed AVA, where moist air from the
Gulf of Mexico encounters high elevations, rather than in the region
due west of the proposed AVA, which is in the rain shadow of the
Eastern Continental Divide.
Table 6--Mean Annual Precipitation in Inches
----------------------------------------------------------------------------------------------------------------
Region Minimum Maximum Mean
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 45.1 70.8 57.5
North (Asheville Basin)......................................... 36.4 50.5 42.6
North (Highlands)............................................... 37.9 72.3 50.7
East............................................................ 46.6 75.4 60.3
South........................................................... 45.9 82.4 60.2
West............................................................ 37.1 93.5 62.8
----------------------------------------------------------------------------------------------------------------
The petition states that is also important to consider the timing
of the rainfall. For example, the petition states that during the
growing season, excessive rainfall can cause excess vine and leaf
growth, promote fungal disease, and attract insects, while too little
rainfall can stress the vines and lead to reduced photosynthesis, cell
desiccation, and potential death of the vines. The petition also cites
a study that found that the recommended growing season precipitation
amount for vineyards in North Carolina is between 24 and 30 inches.\14\
The data shown below in Table 7 demonstrates that the mean minimum
growing season precipitation amount within the proposed AVA meets the
minimum recommended amount. The mean growing season amount slightly
exceeds the recommended precipitation amount.
---------------------------------------------------------------------------
\14\ Poling, E.B., 2006, ed., The North Carolina Winegrape
Growers Guide: North Carolina State University, Department of
Horticultural Sciences, page 41.
[[Page 62748]]
Table 7--Mean Growing Season Precipitation in Inches
----------------------------------------------------------------------------------------------------------------
Region Minimum Maximum Mean
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................................... 27.1 40.9 33.2
North (Asheville Basin)......................................... 21.5 31.2 24.5
North (Highlands)............................................... 22.2 42.3 28.7
East............................................................ 27.0 43.7 30.2
South........................................................... 25.0 47.1 29.7
West............................................................ 21.9 51.0 34.4
----------------------------------------------------------------------------------------------------------------
Finally, the petition states that it is also important to consider
the winter precipitation amounts. Excessive precipitation during
December, January, and February can delay bud break and vineyard
pruning, leading to a later harvest date and an increased risk that
grapes will still be on the vine when the first fall frost occurs. The
data listed in Table 8 below shows that the proposed AVA has a mean
winter precipitation amount of 13.9 inches, which is between the lower
amounts of the regions to the north, east, and south and the higher
amount of the region to the west.
Table 8--Mean Winter Precipitation in Inches
----------------------------------------------------------------------------------------------------------------
Region Minimum Maximum Mean
--------------------------------------------------------------------------------------------------
Proposed AVA...................................... 10.6 17.6 13.9
North (Asheville Basin)........................... 8.4 12.0 9.7
North (Highlands)................................. 8.9 18.6 11.7
East.............................................. 10.9 18.7 12.5
South............................................. 12.0 20.9 13.4
West.............................................. 8.9 24.5 16.0
----------------------------------------------------------------------------------------------------------------
Summary of Distinguishing Features
In summary, the evidence provided in the petition indicates that
the elevation and climate of the proposed Crest of the Blue Ridge
Henderson County AVA distinguish it from the surrounding regions in
each direction. The proposed AVA has elevations that are generally
higher than those of the regions to the south and east and in the
Asheville Basin to the north, and lower than those of the northern
highlands region and the region to the west. The proposed AVA also has
a moderate climate that slightly differs from the climate in the
Asheville Basin to the north, is cooler than the regions to the south
and east and warmer than the region to the west and the northern
highlands. Finally, annual precipitation amounts in the proposed AVA
are generally lower than amounts in the regions to the south, west, and
east and higher amounts than the highlands and Asheville Basin regions
to the north.
TTB Determination
TTB concludes that the petition to establish the approximately 215-
square mile Crest of the Blue Ridge Henderson County AVA merits
consideration and public comment, as invited in this proposed rule.
Boundary Description
See the narrative description of the boundary of the petitioned-for
AVA in the proposed regulatory text published at the end of this
proposed rule.
Maps
The petitioner provided the required maps, and they are listed
below in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name, at least 85
percent of the wine must be derived from grapes grown within the area
represented by that name, and the wine must meet the other conditions
listed in Sec. 4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)).
If the wine is not eligible for labeling with an AVA name and that name
appears in the brand name, then the label is not in compliance and the
bottler must change the brand name and obtain approval of a new label.
Similarly, if the AVA name appears in another reference on the label in
a misleading manner, the bottler would have to obtain approval of a new
label. Different rules apply if a wine has a brand name containing an
AVA name that was used as a brand name on a label approved before July
7, 1986. See Sec. 4.39(i)(2) of the TTB regulations (27 CFR
4.39(i)(2)) for details.
If TTB establishes this proposed AVA, its name, ``Crest of the Blue
Ridge Henderson County,'' will be recognized as a name of viticultural
significance under Sec. 4.39(i)(3) of the TTB regulations (27 CFR
4.39(i)(3)). The text of the proposed regulation clarifies this point.
Consequently, if this proposed rule is adopted as a final rule, wine
bottlers using the name ``Crest of the Blue Ridge Henderson County'' in
a brand name, including a trademark, or in another label reference as
to the origin of the wine, would have to ensure that the product is
eligible to use the AVA name as an appellation of origin. TTB is not
proposing to designate either ``Crest of the Blue Ridge,'' standing
alone, or ``Blue Ridge,'' standing alone, as terms of viticultural
significance because the Blue Ridge Mountains and the ridgeline that
forms the crest of the mountains both cover a multi-State area that is
significantly larger than the region of the proposed AVA, which is
located entirely within Henderson County, North Carolina. Therefore,
wine bottlers using either ``Crest of the Blue Ridge,'' standing alone,
or ``Blue Ridge,'' standing alone, in a brand name or in another label
reference on their wines would not be affected by the establishment of
this proposed AVA.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed AVA. TTB is also interested in
receiving comments on the sufficiency and accuracy of the name,
boundary, soils,
[[Page 62749]]
climate, and other required information submitted in support of the
petition. Please provide any available specific information in support
of your comments.
Because of the potential impact of the establishment of the
proposed Crest of the Blue Ridge Henderson County AVA on wine labels
that include the term ``Crest of the Blue Ridge Henderson County,'' as
discussed above under Impact on Current Wine Labels, TTB is
particularly interested in comments regarding whether there will be a
conflict between the proposed area name and currently used brand names.
If a commenter believes that a conflict will arise, the comment should
describe the nature of that conflict, including any anticipated
negative economic impact that approval of the proposed AVA will have on
an existing viticultural enterprise. TTB is also interested in
receiving suggestions for ways to avoid conflicts, for example, by
adopting a modified or different name for the AVA.
Submitting Comments
You may submit comments on this proposed rule by using one of the
following three methods (please note that TTB has a new address for
comments submitted by U.S. Mail):
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this proposed rule within Docket No.
TTB-2018-0009 on ``Regulations.gov,'' the Federal e-rulemaking portal,
at https://www.regulations.gov. A direct link to that docket is
available under Notice No. 178 on the TTB website at https://www.ttb.gov/wine/wine-rulemaking.shtml. Supplemental files may be
attached to comments submitted via Regulations.gov. For complete
instructions on how to use Regulations.gov, visit the site and click on
the ``Help'' tab.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005.
Hand Delivery/Courier: You may hand-carry your comments or
have them hand-carried to the Alcohol and Tobacco Tax and Trade Bureau,
1310 G Street NW, Suite 400, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
proposed rule. Your comments must reference Notice No. 178 and include
your name and mailing address. Your comments also must be made in
English, be legible, and be written in language acceptable for public
disclosure. TTB does not acknowledge receipt of comments, and TTB
considers all comments as originals.
In your comment, please clearly indicate if you are commenting on
your own behalf or on behalf of an association, business, or other
entity. If you are commenting on behalf of an entity, your comment must
include the entity's name, as well as your name and position title. If
you comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail or hand delivery/courier, please submit your entity's
comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted comments and attachments are part of the public
record and subject to disclosure. Do not enclose any material in your
comments that you consider to be confidential or inappropriate for
public disclosure.
Public Disclosure
TTB will post, and you may view, copies of this proposed rule,
selected supporting materials, and any online or mailed comments
received about this proposal within Docket No. TTB-2018-0009 on the
Federal e-rulemaking portal, Regulations.gov, at https://www.regulations.gov. A direct link to that docket is available on the
TTB website at https://www.ttb.gov/wine/wine-rulemaking.shtml under
Notice No. 178. You may also reach the relevant docket through the
Regulations.gov search page at https://www.regulations.gov. For
information on how to use Regulations.gov, click on the site's ``Help''
tab.
All posted comments will display the commenter's name, organization
(if any), city, and State, and, in the case of mailed comments, all
address information, including email addresses. TTB may omit voluminous
attachments or material that the Bureau considers unsuitable for
posting.
You may also view copies of this proposed rule, all related
petitions, maps and other supporting materials, and any electronic or
mailed comments that TTB receives about this proposal by appointment at
the TTB Information Resource Center, 1310 G Street, NW, Washington, DC
20005. You may also obtain copies at 20 cents per 8.5- x 11-inch page.
Please note that TTB is unable to provide copies of USGS maps or any
similarly-sized documents that may be included as part of the AVA
petition. Contact TTB's Regulations and Rulings Division at the above
address, by email at https://www.ttb.gov/webforms/contact_RRD.shtm, or
by telephone at 202-453-1039, ext. 175, to schedule an appointment or
to request copies of comments or other materials.
Regulatory Flexibility Act
TTB certifies that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of an AVA name would be the result of a proprietor's
efforts and consumer acceptance of wines from that area. Therefore, no
regulatory flexibility analysis is required.
Executive Order 12866
It has been determined that this proposed rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Karen A. Thornton of the Regulations and Rulings Division drafted
this proposed rule.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, TTB proposes to amend
title 27, chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.__ to read as follows:
Sec. 9.__ Crest of the Blue Ridge Henderson County.
(a) Name. The name of the viticultural area described in this
section is ``Crest of the Blue Ridge Henderson County''. For purposes
of part 4 of this chapter, ``Crest of the Blue Ridge Henderson County''
is a term of viticultural significance.
(b) Approved maps. The nine United States Geological Survey (USGS)
[[Page 62750]]
1:24,000 scale topographic maps used to determine the boundary of the
Crest of the Blue Ridge Henderson County viticultural area are titled:
(1) Black Mountain, North Carolina, 1941; photorevised 1978;
(2) Bat Cave, North Carolina, 1997;
(3) Cliffield Mountain, North Carolina, 1946; photorevised 1991;
(4) Saluda, North Carolina-South Carolina, 1983 (provisional
edition);
(5) Zirconia, North Carolina-South Carolina, 1997;
(6) Standingstone Mountain, South Carolina-North Carolina, 1997;
(7) Horse Shoe, North Carolina, 1997;
(8) Hendersonville, North Carolina, 1997; and
(9) Fruitland, North Carolina, 1997.
(c) Boundary. The Crest of the Blue Ridge Henderson County
viticultural area is located in Henderson County, North Carolina. The
boundary of the Crest of the Blue Ridge Henderson County viticultural
area is as described below:
(1) The beginning point is on the Black Mountain map at the 4,412-
foot elevation marker atop Little Pisgah Mountain, along the shared
Buncombe-Henderson county line. From the beginning point, proceed
southeast along the shared Buncombe-Henderson county line approximately
4.4 miles, crossing onto the Bat Cave map, to the intersection of the
Buncombe-Henderson county line with the shared Henderson-Rutherford
county line; then
(2) Proceed southerly along the shared Henderson-Rutherford county
line approximately 5.1 miles to its intersection with the Polk county
line; then
(3) Proceed southwest along the shared Henderson-Polk county line
approximately 14.9 miles, crossing over the Cliffield Mountain map and
onto the Saluda map, to its intersection with the North Carolina-South
Carolina border; then
(4) Proceed westerly along the North Carolina-South Carolina border
approximately 8.1 miles, crossing onto the Zirconia map, to the 3,058-
foot elevation marker atop Big Top Mountain; then
(5) Proceed northwest in a straight line approximately 2.0 miles,
crossing onto the Standingstone Mountain map, to the center of the
highest closing contour atop Maybin Mountain; then
(6) Proceed northeast in a straight line approximately 2.2 miles,
crossing back onto the Zirconia map, to the intersection of an unnamed
road, known locally as County Road 1113/Maybin Road, with Mountain
Valley Road, also known as County Road 1109/Cabin Creek Road; then
(7) Proceed northwest along Mountain Valley Road/County Road 1109/
Cabin Creek Road approximately 1.3 miles, crossing back onto the
Standingstone Mountain map, to its intersection with Pinnacle Mountain
Road; then
(8) Proceed northwest in a straight line approximately 1.0 mile to
the intersection of Little Cove Creek with the 2,800-foor elevation
contour; then
(9) Proceed westerly along the 2,800-foot elevation contour
approximately 2.4 miles to its intersection with an unnamed creek on
the north slope of Stone Mountain that flows north into Jeffers Lake;
then
(10) Proceed southwest in a straight line approximately 2.0 miles
to the intersection of the shared Henderson-Transylvania county line
with the Dupont State Forest boundary atop Hickory Mountain; then
(11) Proceed northeast along the Henderson-Transylvania county line
approximately 2.6 miles, crossing onto the Horse Shoe map, to its
intersection with an unnamed road, known locally as Clipper Lane, on
the hilltop above the Sentell Cemetery; then
(12) Proceed northeast in a straight line approximately 1.6 miles
to the center of the highest closing contour atop Jeter Mountain; then
(13) Proceed southeast in a straight line approximately 1.3 miles
to the center of the highest closing contour atop Evans mountain; then
(14) Proceed northeast in a straight line approximately 2.0 miles
to the center of the highest closing contour atop Wolf Mountain; then
(15) Proceed northeast in a straight line approximately 1.2 miles
to the center of the highest closing contour atop Drake Mountain; then
(16) Proceed northwest in a straight line approximately 0.7 mile to
the center of the highest closing contour atop Cantrell Mountain; then
(17) Proceed northeast in a straight line approximately 3.3 miles
to the 2,618-foot elevation marker on the northeast slope of Long John
Mountain; then
(18) Proceed northeast in a straight line approximately 1.4 miles,
crossing onto the Hendersonville map, to the center of the highest
closing contour atop Stoney Mountain; then
(19) Proceed northeast in a straight line approximately 0.6 mile to
the intersection of Brookside Camp Road with Dixie Highway; then
(20) Proceed northeast along Brookside Camp Road approximately 2.1
miles, crossing onto the Fruitland map, to its intersection with Locust
Grove Road; then
(21) Proceed northeast along Locust Grove Road approximately 1.4
miles to its intersection with an unnamed trail near Locust Grove
Church; then
(22) Proceed northeast in a straight line approximately 0.7 mile to
the 3,442-foot elevation marker atop Rich Mountain; then
(23) Proceed northwest in a straight line approximately 0.4 mile to
the intersection of Southern Leveston Road with an unnamed jeep trail;
then
(24) Proceed northwest along Southern Leveston Road approximately
2.4 miles to its intersection with Hoopers Creek Road; then
(25) Proceed northeast in a straight line approximately 0.7 mile to
the 2,983-foot elevation marker labeled Edneyville-5 atop a peak on
Burney Mountain along the shared Henderson-Buncombe county line; then
(26) Proceed northeast along the Henderson-Buncombe county line
approximately 8.2 miles, crossing onto the Black Mountain map, and
return to the beginning point atop Little Pisgah Mountain.
Signed: September 19, 2018.
John J. Manfreda,
Administrator.
Approved: November 13, 2018.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2018-26323 Filed 12-4-18; 8:45 am]
BILLING CODE 4810-31-P
