Establishment of the Crest of the Blue Ridge Henderson County Viticultural Area, 34782-34785 [2019-15353]
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Federal Register / Vol. 84, No. 139 / Friday, July 19, 2019 / Rules and Regulations
paragraph (b)(2) of this section, B must
continue to include the remaining $6,600
required in gross income ratably over the
remaining portion of the applicable recovery
period of 39 years. Alternatively, under
paragraph (d)(1) of this section, B may
irrevocably elect to include the remaining
$6,600 in gross income in the taxable year of
the lease termination (2022).
(f) Applicability date. This section
applies to property placed in service on
or after September 19, 2016.
§ 1.50–1T
■
[Removed]
Par. 3. Section 1.50–1T is removed.
Kirsten Wielobob,
Deputy Commissioner for Services and
Enforcement.
Approved: June 21, 2019.
David J. Kautter,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. 2019–15497 Filed 7–17–19; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2018–0009; T.D. TTB–156;
Ref: Notice No. 178]
RIN 1513–AC43
Establishment of the Crest of the Blue
Ridge Henderson County Viticultural
Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) establishes the
approximately 215-square mile ‘‘Crest of
the Blue Ridge Henderson County’’
viticultural area in Henderson County,
North Carolina. The Crest of the Blue
Ridge Henderson County viticultural
area is not located within 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.
SUMMARY:
This final rule is effective August
19, 2019.
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;
telephone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
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Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The
Secretary has delegated various
authorities through Treasury
Department Order 120–01, dated
December 10, 2013 (superseding
Treasury Order 120–01, dated January
24, 2003), to the TTB Administrator to
perform the functions and duties in the
administration and enforcement of these
laws.
Part 4 of the TTB regulations (27 CFR
part 4) authorizes the establishment of
definitive viticultural areas and
regulates 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
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the procedure for proposing an AVA
and provides that any interested party
may petition TTB to establish a grapegrowing region as an AVA. Section 9.12
of the TTB regulations (27 CFR 9.12)
prescribes standards for petitions for the
establishment or modification of AVAs.
Petitions to establish an AVA must
include the following:
• Evidence that the area within the
proposed AVA boundary is nationally
or locally known by the AVA name
specified in the petition;
• An explanation of the basis for
defining the boundary of the proposed
AVA;
• A narrative description of the
features of the proposed AVA affecting
viticulture, such as climate, geology,
soils, physical features, and elevation,
that make the proposed AVA distinctive
and distinguish it from adjacent areas
outside the proposed AVA boundary;
• The appropriate United States
Geological Survey (USGS) map(s)
showing the location of the proposed
AVA, with the boundary of the
proposed AVA clearly drawn thereon;
and
• A detailed narrative description of
the proposed AVA boundary based on
USGS map markings.
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 vineyards and winery operators,
proposing the establishment of the
‘‘Crest of the Blue Ridge Henderson
County’’ AVA in Henderson County,
North Carolina. The proposed Crest of
the Blue Ridge Henderson County AVA
covers approximately 215 square miles
and is not located within any other
AVA. There are 14 commercial
vineyards covering a total of
approximately 70 acres within the
proposed AVA, as well as two bonded
wineries. According to the petition, an
additional 55 acres of vineyards are
planned for planting in the next five
years.
According to the petition, the
distinguishing features of the proposed
AVA are its climate and topography—
specifically its elevation. Elevation can
influence such climatic factors as
temperature, length of growing season,
and precipitation. The petition
describes the Crest of the Blue Ridge
Henderson County AVA as straddling
the Eastern Continental Divide,
colloquially known as the Crest of the
Blue Ridge. The crest separates two
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physiographic provinces, the Blue Ridge
Escarpment, which covers the southern
and eastern portions of the proposed
AVA, and the Blue Ridge Plateau, which
covers the northern and western
portions of the proposed AVA. The Blue
Ridge Escarpment rises steeply, so that
this region of the proposed AVA has an
average elevation more than 950 feet
higher than the region immediately
south, and more than 1,200 feet higher
than the region immediately east. To the
northwest of the proposed AVA lies the
Asheville Basin, along the valley
through which the French Broad River
flows. Although the Asheville Basin sits
at a similar elevation to the proposed
AVA, the hills and mountains
surrounding the Asheville Basin rise to
some of the highest elevations of the
entire Appalachian Chain, with an
average elevation more than 800 feet
higher than in the proposed AVA.
Meanwhile, the areas to the west of the
proposed AVA rise an average of more
than 400 feet higher than the proposed
AVA. Thus, the proposed AVA’s
position straddling the Crest of the Blue
Ridge gives it an intermediate elevation,
higher than the areas to the south and
east, while lower than the areas to the
north and west.
Similarly, the proposed AVA’s
position along the Crest of the Blue
Ridge gives it a distinct climate
compared to surrounding regions. The
proposed AVA, along with the similarly
situated Asheville Basin, has an average
temperature in the warm 63–67 °F range,
compared to the regions immediately
east and south, which have hotter
average temperatures in the 67–72 °F
range. The regions to the west, and the
mountains and hills immediately north,
of the proposed AVA have cooler
average temperatures in the 59–63 °F
range. The proposed AVA’s transitional
temperature and elevation from the
higher and cooler regions to the north
and west, and the lower and warmer
region to the south and east, are
reflected in precipitation levels and
growing season length. The growing
season of the proposed AVA spans 200–
220 days, shorter than the 220–240 day
growing season to the south and 210–
240 day growing season to the east of
the proposed AVA, but slightly longer
than the 180–210 day growing season to
the north (excluding the Asheville
Basin), and the 170–210 day growing
season to the west of the proposed AVA.
The length of the growing season affects
the grape varietals that can be grown in
a region, and the petitioners single out
such grape varietals as Cabernet Franc,
Cabernet Sauvignon, Chardonnay, and
Vidal Blanc as good fits for the proposed
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AVA, given the length of its growing
season.
Similarly, the proposed AVA has
average annual precipitation levels
lower than the regions east, south, and
west of the proposed AVA, but higher
than the regions north of the proposed
AVA, including the Asheville Basin, the
latter which has average annual
precipitation levels approximately
fifteen inches lower than the proposed
AVA. According to the petition, these
intermediate precipitation levels are
viticulturally significant, because
excessive rainfall can cause excess vine
and leaf growth, promote fungal disease,
and attract insects, whereas too little
rainfall can stress or even kill the vines.
Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 178 in the
Federal Register on December 6, 2018
(83 FR 62743), proposing to establish
the Crest of the Blue Ridge Henderson
County AVA. In the notice, TTB
summarized the evidence from the
petition regarding the name, boundary,
and distinguishing features for the
proposed AVA. The notice also
compared the distinguishing features of
the proposed AVA to the surrounding
areas. For a detailed description of the
evidence relating to the name,
boundary, and distinguishing features of
the proposed AVA, and for a detailed
comparison of the distinguishing
features of the proposed AVA to the
surrounding areas, see Notice No. 178.
In Notice No. 178, TTB solicited
comments on the accuracy of the name,
boundary, and other required
information submitted in support of the
petition. The comment period closed on
February 4, 2019.
Comments Received
In response to Notice No. 178, TTB
received five comments. Commenters
included the general manager of a local
vineyard, a local resident, wine
consumers, and Congressman Mark
Meadows of North Carolina.
All of the comments supported the
proposed AVA, generally due to the
potential of the AVA designation to
raise consumer and industry awareness
of the distinctive nature of locally
grown wines. The comments did not
raise any new issues concerning the
proposed AVA. TTB received no
comments opposing the establishment
of the Crest of the Blue Ridge Henderson
County AVA.
TTB Determination
After careful review of the petition
and the comments received in response
to Notice No. 178, TTB finds that the
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34783
evidence provided by the petitioner
supports the establishment of the Crest
of the Blue Ridge Henderson County
AVA. Accordingly, under the authority
of the FAA Act, section 1111(d) of the
Homeland Security Act of 2002, and
parts 4 and 9 of the TTB regulations,
TTB establishes the ‘‘Crest of the Blue
Ridge Henderson County’’ AVA in
Henderson County, North Carolina,
effective 30 days from the publication
date of this document.
Boundary Description
See the narrative description of the
boundary of the Crest of the Blue Ridge
Henderson County AVA in the
regulatory text published at the end of
this final rule.
Maps
The petitioner provided the required
maps, and they are listed below in the
regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits
any label reference on a wine that
indicates or implies an origin other than
the wine’s true place of origin. For a
wine to be labeled with an AVA name
or with a brand name that includes an
AVA name, at least 85 percent of the
wine must be derived from grapes
grown within the area represented by
that name, and the wine must meet the
other conditions listed in 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
27 CFR 4.39(i)(2) for details.
With the establishment of this AVA,
its name, ‘‘Crest of the Blue Ridge
Henderson County’’ will be recognized
as a name of viticultural significance
under § 4.39(i)(3) of the TTB regulations
(27 CFR 4.39(i)(3)). The text of the
regulation clarifies this point.
Consequently, 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, will have to ensure that the
product is eligible to use the AVA name
as an appellation of origin. TTB is not
designating ‘‘Crest of the Blue Ridge,’’
standing alone, or ‘‘Blue Ridge,’’
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standing alone, as terms of viticultural
significance, because the Blue Ridge
Mountains and the ridgeline forming the
Crest of the Blue Ridge both cover a
multi-State area significantly larger than
the region of the AVA, which lies
entirely within Henderson County,
North Carolina. The establishment of
the Crest of the Blue Ridge Henderson
County AVA will not affect any existing
AVA. The establishment of the Crest of
the Blue Ridge Henderson County AVA
will allow vintners to use ‘‘Crest of the
Blue Ridge Henderson County’’ as an
appellation of origin for wines made
primarily from grapes grown within the
Crest of the Blue Ridge Henderson
County AVA if the wines meet the
eligibility requirements for the
appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will
not have a significant economic impact
on a substantial number of small
entities. The regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of an AVA name
would be the result of a proprietor’s
efforts and consumer acceptance of
wines from that area. Therefore, no
regulatory flexibility analysis is
required.
Executive Order 12866
It has been determined that this final
rule is not a significant regulatory action
as defined by Executive Order 12866 of
September 30, 1993. Therefore, no
regulatory assessment is required.
Drafting Information
Trevar D. Kolodny of the Regulations
and Rulings Division drafted this final
rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, TTB amends title 27, chapter
I, part 9, Code of Federal Regulations, as
follows:
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
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■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
■
2. Add § 9.266 to read as follows:
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§ 9.266 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)
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 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
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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-foot 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 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
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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: June 18, 2019.
Mary G. Ryan,
Acting Administrator.
Approved: July 11, 2018.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
[FR Doc. 2019–15353 Filed 7–18–19; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1926
[Docket No. OSHA–2007–0066]
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Cranes and Derricks in Construction:
Operator Qualification; Approval of
Information Collection Requirements
Occupational Safety and Health
Administration (OSHA), Department of
Labor.
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This rule is a technical
amendment announcing Office of
Management and Budget (OMB)
approval for the information collection
requirements in the Cranes and Derricks
in Construction: Operator Qualification
final rule. OSHA sought OMB approval
of these requirements under the
Paperwork Reduction Act of 1995 (the
PRA), and is announcing the approval
for these requirements. OSHA is also
amending its regulations to display the
new OMB control number, which is
1218–0270.
DATE: Effective July 19, 2019.
FOR FURTHER INFORMATION CONTACT:
Seleda Perryman, OSHA, Directorate of
Standards and Guidance, U.S.
Department of Labor; telephone (202)
693–2222.
SUPPLEMENTARY INFORMATION: On
November 9, 2018, OSHA published the
Cranes and Derricks in Construction:
Operator Qualification final rule,
revising 29 CFR part 1926, subpart CC.
The standard contains new and revised
information collection requirements.
These requirements are contained in the
Information Collection Request (ICR)
under control number 1218–0270,
which OSHA included in the final rule
published in the Federal Register (83
FR 56242–43). OSHA sought OMB
approval of these requirements under
the PRA (44 U.S.C. 3501 et seq.), and
OMB approved the ICR on February 11,
2019. As required by OMB’s regulations
implementing that Act, this notice is
announcing the approval for these
requirements and adding the OMB
control number 1218–0270 to the list of
approved construction standard ICR
requirements that is maintained in 29
CFR 1926.5 (see 5 CFR 1320.3(f)). A
copy of the approved ICR is available at
https://www.reginfo.gov/public/do/
PRAViewDocument?ref_nbr=2018091218-001.
The public has already had the
opportunity to comment on the
information collection requirements and
OMB has approved them. This
announcement is to increase public
awareness of OMB’s approval of the
information collection requirements.
SUMMARY:
Authority and Signature
RIN 1218–AC96
AGENCY:
Final rule; OMB information
collection approval.
ACTION:
Loren Sweatt, Acting Assistant
Secretary of Labor for Occupational
Safety and Health, directed the
preparation of this notice. The authority
for this notice is the Paperwork
Reduction Act of 1995 (44 U.S.C. 3506
et seq.) and Secretary of Labor’s Order
No. 1–2012 (77 FR 3912).
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Signed at Washington, DC, on July 5, 2019.
Loren Sweatt,
Acting Assistant Secretary of Labor for
Occupational Safety and Health.
For the reasons stated in the preamble
in this notice, the Occupational Safety
and Health Administration amends 29
CFR part 1926 as follows:
PART 1926—[AMENDED]
Subpart A—General
1. The authority citation for subpart A
continues to read as follows:
■
Authority: 40 U.S.C. 3701 et seq.; 29 U.S.C.
653, 655, 657; Secretary of Labor’s Order No.
12–71 (36 FR 8754), 8–76 (41 FR 25059), 9–
83 (48 FR 35736), 1–90 (55 FR 9033), 6–96
(62 FR 111), 3–2000 (65 FR 50017), 5–2002
(67 FR 65008), or 5–2007 (72 FR 31160), 5–
2007 (72 FR 31160), 4–2010 (75 FR 55355),
or 1–2012 (77 FR 3912), as applicable; and
29 CFR part 1911.
2. Amend the table in § 1926.5 by
revising the entry for ‘‘1926.1427’’ to
read as follows:
■
§ 1926.5 OMB control numbers under the
Paperwork Reduction Act
*
*
*
*
*
OMB
control No.
29 CFR citation
*
*
*
1926.1427 .............................
*
*
*
1218–0270
*
*
[FR Doc. 2019–15383 Filed 7–18–19; 8:45 am]
BILLING CODE 4510–26–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0521]
RIN 1625–AA00
Safety Zone; Beaufort Water Festival
Air Show, Beaufort, SC
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary safety zone on
the waters of the Beaufort River in
Beaufort, SC. The safety zone is needed
to ensure the safety of life on navigable
waters of the Beaufort River during the
Beaufort Water Festival Air Show. This
rule will prohibit persons and vessels
from entering, transiting through,
anchoring in, or remaining within the
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Rules and Regulations]
[Pages 34782-34785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15353]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2018-0009; T.D. TTB-156; Ref: Notice No. 178]
RIN 1513-AC43
Establishment of the Crest of the Blue Ridge Henderson County
Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes
the approximately 215-square mile ``Crest of the Blue Ridge Henderson
County'' viticultural area in Henderson County, North Carolina. The
Crest of the Blue Ridge Henderson County viticultural area is not
located within 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.
DATES: This final rule is effective August 19, 2019.
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; telephone 202-453-1039, ext.
175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act
pursuant to section 1111(d) of the Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). The Secretary has delegated various
authorities through Treasury Department Order 120-01, dated December
10, 2013 (superseding Treasury Order 120-01, dated January 24, 2003),
to the TTB Administrator to perform the functions and duties in the
administration and enforcement of these laws.
Part 4 of the TTB regulations (27 CFR part 4) authorizes the
establishment of definitive viticultural areas and regulates 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 vineyards and winery operators, proposing the
establishment of the ``Crest of the Blue Ridge Henderson County'' AVA
in Henderson County, North Carolina. The proposed Crest of the Blue
Ridge Henderson County AVA covers approximately 215 square miles and is
not located within any other AVA. There are 14 commercial vineyards
covering a total of approximately 70 acres within the proposed AVA, as
well as two bonded wineries. According to the petition, an additional
55 acres of vineyards are planned for planting in the next five years.
According to the petition, the distinguishing features of the
proposed AVA are its climate and topography--specifically its
elevation. Elevation can influence such climatic factors as
temperature, length of growing season, and precipitation. The petition
describes the Crest of the Blue Ridge Henderson County AVA as
straddling the Eastern Continental Divide, colloquially known as the
Crest of the Blue Ridge. The crest separates two
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physiographic provinces, the Blue Ridge Escarpment, which covers the
southern and eastern portions of the proposed AVA, and the Blue Ridge
Plateau, which covers the northern and western portions of the proposed
AVA. The Blue Ridge Escarpment rises steeply, so that this region of
the proposed AVA has an average elevation more than 950 feet higher
than the region immediately south, and more than 1,200 feet higher than
the region immediately east. To the northwest of the proposed AVA lies
the Asheville Basin, along the valley through which the French Broad
River flows. Although the Asheville Basin sits at a similar elevation
to the proposed AVA, the hills and mountains surrounding the Asheville
Basin rise to some of the highest elevations of the entire Appalachian
Chain, with an average elevation more than 800 feet higher than in the
proposed AVA. Meanwhile, the areas to the west of the proposed AVA rise
an average of more than 400 feet higher than the proposed AVA. Thus,
the proposed AVA's position straddling the Crest of the Blue Ridge
gives it an intermediate elevation, higher than the areas to the south
and east, while lower than the areas to the north and west.
Similarly, the proposed AVA's position along the Crest of the Blue
Ridge gives it a distinct climate compared to surrounding regions. The
proposed AVA, along with the similarly situated Asheville Basin, has an
average temperature in the warm 63-67 [deg]F range, compared to the
regions immediately east and south, which have hotter average
temperatures in the 67-72 [deg]F range. The regions to the west, and
the mountains and hills immediately north, of the proposed AVA have
cooler average temperatures in the 59-63 [deg]F range. The proposed
AVA's transitional temperature and elevation from the higher and cooler
regions to the north and west, and the lower and warmer region to the
south and east, are reflected in precipitation levels and growing
season length. The growing season of the proposed AVA spans 200-220
days, shorter than the 220-240 day growing season to the south and 210-
240 day growing season to the east of the proposed AVA, but slightly
longer than the 180-210 day growing season to the north (excluding the
Asheville Basin), and the 170-210 day growing season to the west of the
proposed AVA. The length of the growing season affects the grape
varietals that can be grown in a region, and the petitioners single out
such grape varietals as Cabernet Franc, Cabernet Sauvignon, Chardonnay,
and Vidal Blanc as good fits for the proposed AVA, given the length of
its growing season.
Similarly, the proposed AVA has average annual precipitation levels
lower than the regions east, south, and west of the proposed AVA, but
higher than the regions north of the proposed AVA, including the
Asheville Basin, the latter which has average annual precipitation
levels approximately fifteen inches lower than the proposed AVA.
According to the petition, these intermediate precipitation levels are
viticulturally significant, because excessive rainfall can cause excess
vine and leaf growth, promote fungal disease, and attract insects,
whereas too little rainfall can stress or even kill the vines.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 178 in the Federal Register on December 6,
2018 (83 FR 62743), proposing to establish the Crest of the Blue Ridge
Henderson County AVA. In the notice, TTB summarized the evidence from
the petition regarding the name, boundary, and distinguishing features
for the proposed AVA. The notice also compared the distinguishing
features of the proposed AVA to the surrounding areas. For a detailed
description of the evidence relating to the name, boundary, and
distinguishing features of the proposed AVA, and for a detailed
comparison of the distinguishing features of the proposed AVA to the
surrounding areas, see Notice No. 178. In Notice No. 178, TTB solicited
comments on the accuracy of the name, boundary, and other required
information submitted in support of the petition. The comment period
closed on February 4, 2019.
Comments Received
In response to Notice No. 178, TTB received five comments.
Commenters included the general manager of a local vineyard, a local
resident, wine consumers, and Congressman Mark Meadows of North
Carolina.
All of the comments supported the proposed AVA, generally due to
the potential of the AVA designation to raise consumer and industry
awareness of the distinctive nature of locally grown wines. The
comments did not raise any new issues concerning the proposed AVA. TTB
received no comments opposing the establishment of the Crest of the
Blue Ridge Henderson County AVA.
TTB Determination
After careful review of the petition and the comments received in
response to Notice No. 178, TTB finds that the evidence provided by the
petitioner supports the establishment of the Crest of the Blue Ridge
Henderson County AVA. Accordingly, under the authority of the FAA Act,
section 1111(d) of the Homeland Security Act of 2002, and parts 4 and 9
of the TTB regulations, TTB establishes the ``Crest of the Blue Ridge
Henderson County'' AVA in Henderson County, North Carolina, effective
30 days from the publication date of this document.
Boundary Description
See the narrative description of the boundary of the Crest of the
Blue Ridge Henderson County AVA in the regulatory text published at the
end of this final rule.
Maps
The petitioner provided the required maps, and they are listed
below in the regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. For a wine to be labeled with an AVA name or with a
brand name that includes an AVA name, at least 85 percent of the wine
must be derived from grapes grown within the area represented by that
name, and the wine must meet the other conditions listed in 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 27 CFR 4.39(i)(2) for details.
With the establishment of this 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 regulation clarifies this point.
Consequently, 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, will have to
ensure that the product is eligible to use the AVA name as an
appellation of origin. TTB is not designating ``Crest of the Blue
Ridge,'' standing alone, or ``Blue Ridge,''
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standing alone, as terms of viticultural significance, because the Blue
Ridge Mountains and the ridgeline forming the Crest of the Blue Ridge
both cover a multi-State area significantly larger than the region of
the AVA, which lies entirely within Henderson County, North Carolina.
The establishment of the Crest of the Blue Ridge Henderson County AVA
will not affect any existing AVA. The establishment of the Crest of the
Blue Ridge Henderson County AVA will allow vintners to use ``Crest of
the Blue Ridge Henderson County'' as an appellation of origin for wines
made primarily from grapes grown within the Crest of the Blue Ridge
Henderson County AVA if the wines meet the eligibility requirements for
the appellation.
Regulatory Flexibility Act
TTB certifies that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of an AVA
name would be the result of a proprietor's efforts and consumer
acceptance of wines from that area. Therefore, no regulatory
flexibility analysis is required.
Executive Order 12866
It has been determined that this final rule is not a significant
regulatory action as defined by Executive Order 12866 of September 30,
1993. Therefore, no regulatory assessment is required.
Drafting Information
Trevar D. Kolodny of the Regulations and Rulings Division drafted
this final rule.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the preamble, TTB amends title 27,
chapter I, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Add Sec. 9.266 to read as follows:
Sec. 9.266 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)
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 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-foot 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 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
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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: June 18, 2019.
Mary G. Ryan,
Acting Administrator.
Approved: July 11, 2018.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 2019-15353 Filed 7-18-19; 8:45 am]
BILLING CODE 4810-31-P
