[Federal Register Volume 73, Number 62 (Monday, March 31, 2008)]
[Proposed Rules]
[Pages 16800-16806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6508]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 81]
RIN 1513-AB45


Proposed Establishment of the Haw River Valley Viticultural Area 
(2007R-179P)

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to 
establish the 868-square mile ``Haw River Valley'' viticultural area in 
Alamance, Caswell, Chatham, Guilford, Orange, and Rockingham Counties, 
North Carolina. We designate viticultural areas to allow vintners to 
better describe the origin of their wines and to allow consumers to 
better identify wines they may purchase. We invite comments on this 
proposed addition to our regulations.

DATES: We must receive written comments on or before May 30, 2008.

ADDRESSES: You may send comments on this notice to one of the following 
addresses:
     http://www.regulations.gov (via the comment form for this 
notice posted on Regulations.gov, the Federal e-rulemaking portal); or
     Director, Regulations and Rulings Division, Alcohol and 
Tobacco Tax and Trade Bureau, P.O. Box 14412, Washington, DC 20044-
4412.
    See the Public Participation section of this notice for specific 
instructions and requirements for submitting comments, and for 
information on how to request a public hearing.
    You may view copies of this notice and any comments we receive 
about this proposal at http://www.regulations.gov. A direct link to the 
appropriate Regulations.gov docket is available under Notice No. 81 on 
the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml. You 
also may view copies of this notice and any comments we receive about 
this proposal by appointment at the TTB Information Resource Center, 
1310 G Street, NW., Washington, DC 20220. To make an appointment, call 
202-927-2400.

FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Regulations and Rulings 
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St., 
No. 158, Petaluma, CA 94952; phone 415-271-1254.

[[Page 16801]]


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 
regulations promulgated under the FAA Act.
    Part 4 of the TTB regulations (27 CFR part 4) allows the 
establishment of definitive viticultural areas and 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) contains 
the list of approved viticultural areas.

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 distinguishable by geographical features, the boundaries 
of which have been recognized and defined 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 its geographic origin. The establishment of 
viticultural areas allows vintners to describe more accurately the 
origin of their wines to consumers and helps consumers to identify 
wines they may purchase. Establishment of a viticultural area 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 outlines the procedure 
for proposing an American viticultural area and provides that any 
interested party may petition TTB to establish a grape-growing region 
as a viticultural area. Section 9.3(b) of the TTB regulations requires 
the petition to include--
     Evidence that the proposed viticultural area is locally 
and/or nationally known by the name specified in the petition;
     Historical or current evidence that supports setting the 
boundary of the proposed viticultural area as the petition specifies;
     Evidence relating to the geographic features, such as 
climate, soils, elevation, and physical features, that distinguish the 
proposed viticultural area from surrounding areas;
     A description of the specific boundary of the proposed 
viticultural area, based on features found on United States Geological 
Survey (USGS) maps; and
     A copy of the appropriate USGS map(s) with the proposed 
viticultural area's boundary prominently marked.

Haw River Valley Petition

    Patricia McRitchie of McRitchie Associates, LLC, submitted a 
petition to establish the 868-square mile Haw River Valley viticultural 
area in North Carolina on behalf of all the local grape growers and 
winemakers.
    The proposed Haw River Valley viticultural area is located in the 
Piedmont in north-central North Carolina. According to the USGS maps 
and the written boundary description submitted with the petition, the 
Haw River Valley region lies between the cities of Greensboro and 
Chapel Hill, and includes the southeastern-flowing Haw River and its 
accompanying watershed. The proposed Haw River Valley viticultural area 
lies to the east of the established Yadkin Valley viticultural area (27 
CFR 9.174) and the proposed Swan Creek viticultural area (71 FR 53612). 
According to the petitioner, the proposed viticultural area encompasses 
approximately 868 square miles, which includes 60 acres of vineyards 
and 6 wineries. The petitioner submitted a map indicating that the 14 
vineyards within the proposed viticultural area are geographically 
disbursed throughout the area.
    The petitioner explains that the distinguishing features of the 
proposed Haw River Valley viticultural area include its geology, soils, 
elevation, and climate. Its inland location, between the Atlantic Ocean 
and the Appalachian Mountains, and its complex geological history 
combine to create a unique viticultural region. The Haw River 
watershed, which comprises 98 percent of the proposed viticultural 
area, was used to determine the proposed boundary line.

Name Evidence

    According to the petitioner, the ``Haw'' name originated with the 
Sissipahaw Indians, Native Americans living in small villages along the 
Haw River. After the arrival of the first Europeans in the 16th 
century, the Sissipahaw Indians eventually abandoned their villages 
along the Haw River and joined other Native Americans in other parts of 
the North Carolina Piedmont.
    The petitioner states that the ``Haw River'' and ``Haw River 
Valley'' names both have been used in reference to the region that this 
viticultural area petition describes. In the early 1700's John Lawson, 
an English naturalist and surveyor, wrote an account of his party 
crossing the ``famous Hau-River'' to get a safe distance from the 
Sissipahaw Indians. Also, in the ``Shuttle & Plow: A History of 
Alamance County, North Carolina'' (Alamance County Historical 
Association, 1999), Carole Troxler and William Vincent explain that the 
names ``Hawfields'' and ``Haw River Settlement'' reference the earliest 
colonial settlements in the Haw River Valley. Further, in ``Orange 
County, 1752-1952'' (The Journal of Southern History, May 1954), Hugh 
Lefler and Paul Wager reference the Haw River Valley.
    According to evidence presented in the petition, the Haw River 
Valley name continues to be used to describe the region. The 
Burlington/Alamance County Convention Center and Visitors Bureau Web 
site (http://www.burlington-area-nc.org/events.asp) describes a 
September 9, 2006, Paddle[boat] dinner cruise that experiences the 
``richness of the Haw River Valley.'' A flyer for the Haw River 
Festival for the Community describes a display of arrowheads and 
artifacts found in the Haw River Valley. The Haw River Valley Web site 
(http://www.hawrivervalley.com/) describes the area as a large, fertile 
region encompassing parts of Rockingham, Caswell, Guilford, Alamance, 
and Chatham Counties in North Carolina.
    On November 23, 2006, the Greensboro News Record ran an article 
describing a strong storm depositing ``prodigious rain into the Haw 
River valley and effectively shutting down parts of the region.''

Boundary Evidence

    According to the petitioner, the boundary of the proposed Haw River 
Valley viticultural area is based on nearly the entirety of the Haw 
River watershed's distinctive underlying geology and soils. The Haw 
River is approximately 110 miles long, and the proposed viticultural 
area includes that portion of the Haw River between Williamsburg and 
Griffins Crossroad, a town located approximately 2.5 miles northwest of 
Everett Jordan Lake. The Haw River headwaters start northwest of 
Greensboro, and the river travels east and south-southeast, gaining 
momentum in the Piedmont region. The river eventually flows into the 
Everett

[[Page 16802]]

Jordan Lake in Chatham County, joins the Deep River south of the 
Everett Jordan Lake dam, and then flows into the Cape Fear River.
    The urban, nonagricultural Greensboro region lies close to, but 
outside of, the proposed northwestern portion of the boundary. Also, 
differing geology, soils, and elevations distinguish the Haw River 
watershed from the Dan River watershed to the north, the Inner Coastal 
Province to the east, the Sandhills to the south, and the western 
Piedmont Province to the west.

Distinguishing Features

    According to the petitioner, the distinguishing features of the 
proposed Haw River Valley viticultural area include its geology, soils, 
elevation, and climate. The combination of the underlying geology of 
the Haw River Valley and its inland, nonmountainous geography 
influences the soils and the climate and creates a unique grape-growing 
region.
Geology
    The petitioner states that Matthew Mayberry, of the Mayberry Land 
Company in Elkin, North Carolina, provided the geological data and 
documentation for the Haw River Valley viticultural area petition. 
Citing ``North Carolina: The Years Before Man,'' by Fred Beyer 
(Carolina Academic Press, Durham, North Carolina, 1991), Mr. Mayberry 
provided an interpretation of the geology in the Haw River Valley, as 
follows.
    The Piedmont and Blue Ridge Provinces share a geologic history 
dating back to the formation of the continental landmasses. The 
mountain building of the region is attributed to plate tectonics, the 
spectrum of uplifting, and erosion. Long-term erosion has reduced the 
mountains to lower, more level terrains that gently slope toward the 
ocean. The Piedmont and Coastal Plain landforms are part of the 
erosional leveling process of the third global tectonic cycle.
    The rock units in the Haw River Valley region date back 
approximately 700 million years. In contrast, the age of the rock units 
of the Yadkin Valley region, in the western part of the Piedmont 
Province, date back approximately 1.5 billion years.
    The Haw River Valley region, including its rock units, is the 
geological result of volcanic metamorphism and igneous activity 
stemming from island arcs. Island arcs form when a continental plate 
overrides an oceanic plate, resulting in subduction zones that create 
volcanoes. In the northeastern part of the proposed viticultural area a 
caldera formed in an area of formerly intense volcanic activity. The 
caldera collapsed into a 36-by 9-mile ellipse-shaped area that igneous 
rock eventually filled.
    The proposed Haw River Valley viticultural area lies in the 
Carolina Slate Belt, a result of tectonic movements of the North 
American and African continental plates. The slate belt trends to the 
northwest and disappears under the Carolina Coastal Plain, which 
extends southeast and eventually dips under the Atlantic Ocean.
    Finally, according to Mr. Mayberry, the major rock types in the Haw 
River Valley include the following: Porpyritic Granite/Felsic Intrusive 
Complex, Felsic Gneiss, Mafic Volcanics, Felsic Volcanics, Intermediate 
Intrusive Rocks, Mica Gneiss, and Mica Schist (Muscovite and/or 
Biotite). The Haw River Valley igneous and metamorphic rocks, composed 
of magma, differ from those rocks formed from magma in the western 
Piedmont and Appalachian Mountains.
Soils
    The petitioner states that James Lewis, soil scientist, Natural 
Resources Conservation Service, United States Department of 
Agriculture, provided the soils information for the Haw River Valley 
viticultural area petition. In his research, Mr. Lewis consulted the 
published soil surveys of Alamance, Caswell, Chatham, Guilford, Orange, 
and Rockingham Counties, North Carolina, and available updates to 
existing soil surveys.
    According to Mr. Lewis, the soils of the proposed Haw River Valley 
viticultural area, compared to those of the surrounding regions, have 
unique and distinguishable characteristics. Most of the soils in the 
Haw River Valley are acidic and low in natural fertility.
    The proposed Haw River Valley viticultural area is entirely in the 
udic soil moisture regime. (The udic moisture regime is common to soils 
of humid climates with well-distributed rainfall or with enough rain in 
summer that the amount of stored moisture plus rainfall is 
approximately equal to, or exceeds, the amount of evapotranspiration. 
In most years, at some time during the year water moves down through 
the soil.) Further, the proposed viticultural area lies dominantly in 
the thermic soil temperature regime, averaging 59 to 72 degrees F at a 
soil depth of 20 inches.
    The soils in the proposed viticultural area formed primarily in 
residuum, or saprolite, weathered from igneous, intermediate, and mafic 
intrusive rocks and in felsic and intermediate volcanic rocks of the 
Carolina Slate Belt.
    In the central portion of the proposed Haw River Valley 
viticultural area, the soils formed in residuum from mafic intrusive 
rocks. In these areas the soils have a clayey subsoil of mixed 
mineralogy and slightly better natural fertility than that of the soils 
to the east and south. The Mecklenburg soils are on nearly level and 
moderately steep uplands. These soils have moderately slow 
permeability. The Enon and Iredell soils are on uplands and some side 
slopes. These soils have a clayey subsoil and have a high or very high 
shrink-swell potential, respectively; because of these properties, they 
have poor internal drainage and perch water during wet periods.
    In the western and northeastern portions of the proposed 
viticultural area, the soils formed mainly in igneous and intermediate 
intrusive rocks. In these areas the Cecil, Appling, Vance, Helena, and 
Sedgefield soils are dominant. Typically, these soils are deep and have 
a clayey subsoil. Also scattered throughout these areas are the Enon 
and Iredell soils formed in mafic, intrusive rocks.
    In the northwesternmost portion of the proposed viticultural area, 
the soils formed in residuum derived from metamorphic rocks. In this 
area the Fairview, Clifford, Toast, and Rasalo soils on nearly level to 
steep uplands are dominant. Further, except for the Rasalo soils, these 
soils are very deep and well drained, and have a clayey subsoil, 
moderate permeability, and good internal structure. In the Rasalo 
soils, because of high shrinking and swelling in the clayey subsoil and 
slow permeability, the soils tend to perch water during wet periods.
    In the eastern and southern portions of the Haw River Valley and in 
parts of the southwestern and northwestern portions, the soils formed 
primarily in residuum derived from felsic and intermediate volcanic 
rocks. In these areas the Georgeville and Herndon soils are very deep 
and well drained, and have a loamy surface layer, a clayey subsoil, 
moderate permeability, and good internal structure. These soils are on 
gently sloping to moderately steep uplands. Also in these areas are the 
Callison, Secrest, and Kirksey soils. These soils are moderately well 
drained and have a loamy surface layer and subsoil. These soils are on 
level flats and gently sloping upland ridges, in depressions, and 
around heads of drains. They vary in depth depending on the underlying 
soft and hard bedrock; consequently, they have poor

[[Page 16803]]

internal drainage and perch water during wet periods.
    The soils weathered from rocks within the proposed Haw River Valley 
viticultural area have significant differences compared to the soils in 
the surrounding areas to the east, west, and south. However, they are 
similar to the soils in the surrounding north portion and in the 
northwesternmost portion of the proposed viticultural area.
    East of the proposed Haw River Valley viticultural area, on the 
Inner Coastal Plain, the soils, predominantly Udults, have a thermic 
temperature regime, a udic moisture regime, a loamy or sandy surface 
layer, and a loamy or clayey subsoil. The soils are generally deep and 
well drained to poorly drained, and maintain adequate moisture during 
the viticultural growing season.
    West of the proposed Haw River Valley viticultural area, most soils 
formed in saprolite weathered from igneous intrusive rocks and some 
gneisses and schists of the Charlotte Belt. However, some soils formed 
in residuum derived from intrusions of mafic rocks and have a clay 
subsoil of mixed mineralogy. The Gaston and Mecklenburg soils have 
moderate or moderately slow permeability and are moderately suitable 
for viticulture. The Enon and Irdell soils are also west of the 
proposed viticultural area.
    According to ``Scientists Study Why More Storms Form in the 
Sandhills in the Summer,'' a news release dated July 5, 2001, from 
North Carolina State University, the soils are deep and sandy in the 
Sandhills region south of the proposed Haw River Valley viticultural 
area. Unlike the clay soils in the Piedmont, these soils, like the 
sandy loam of the Inner Coastal Plain, do not have much clay.
Elevation
    The elevations in the proposed Haw River Valley viticultural area 
range from 350 feet at the southeastern boundary corner to over 800 
feet at the northwestern boundary corner, according to elevation maps 
by John Boyer (Virginia Polytechnic Institute and State University, 
2001) that the North Carolina Grape Council provided. The four 
physiographic regions of North Carolina are the eastern Outer Coastal 
Plain, the Inner Coastal Plain, the central Piedmont Province, and the 
western Blue Ridge Province, as shown on the Physiography of North 
Carolina map by M.A. Medina et al. (North Carolina Geological Survey, 
Division of Land Resources, 2004).
    The Haw River Valley region lies in the Piedmont Province near the 
demarcation of the fall line with the Inner Coastal Plain, according to 
``History and Environment of North Carolina's Piedmont Evolution of a 
Value-Added Society,'' by John Rogers (University of North Carolina, 
Department of Geology, 1999). Areas near the fall zone vary from 300 to 
600 feet in elevation, in contrast with the approximately 1,500-foot 
elevation at the foot of the Blue Ridge Mountains, as shown on the 
Boyer maps.
    The Piedmont Province consists of generally rolling, well rounded 
hills and ridges with a difference in elevation of a few hundred feet 
between the hills and valleys, according to the Boyer maps. The Inner 
Coastal Plain, which has stair-step planar terraces that dip gently 
toward the ocean, ranges from 25 to 600 feet in elevation, the 
petitioner explains.
Climate
    The climatic features that distinguish the proposed Haw River 
Valley viticultural area are precipitation, air temperature, and 
growing season, according to the petitioner. The Haw River Valley has 
more moderate temperatures and greater precipitation than those in the 
surrounding areas outside the proposed boundary line. The climate 
within the Haw River Valley, which is generally similar throughout, 
varies from the surrounding regions outside the proposed viticultural 
area, according to data obtained from the Southeast Regional Climate 
Center (SRCC) and from horticultural information leaflets by Katharine 
Perry (North Carolina State University, revised December 1998).
    The data from SRCC includes those from stations within and outside 
of the boundary line of the proposed Haw River Valley viticultural 
area, according to the petitioner. The table below lists the SRCC 
weather stations consulted and the direction and distance of the 
location of each weather station in relation to the Haw River Valley.

----------------------------------------------------------------------------------------------------------------
                                            Compass direction from  Haw   Approximate  distance from  Haw River
             Weather station                       River Valley                           Valley
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Brookneal, Virginia......................  North.......................  84 miles.
Louisburg, North Carolina................  East........................  52 miles.
Pinehurst, North Carolina................  South.......................  70 miles.
Mocksville, North Carolina...............  West........................  50 miles.
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    The air temperatures in the Haw River Valley region are generally 
warmer than those in the area to the north, cooler than those in the 
areas to the south and east, and similar to those in the area to the 
west on the Piedmont Province, the petitioner explains using SRCC data. 
The petitioner also provides, in the table below, the SRCC average 
annual high and low air temperatures, snow accumulation, and rainfall 
for the Haw River Valley and the areas outside the proposed boundary 
line.

----------------------------------------------------------------------------------------------------------------
                                                                  Average annual
  Relation to the proposed Haw   -------------------------------------------------------------------------------
 River Valley viticultural area        High air             Low air
                                      temperature         temperature      Snow accumulation       Rainfall
----------------------------------------------------------------------------------------------------------------
Inside the boundary line........  69.8 [deg]F.......  46.6 [deg]F.......  5.9 in............  45.27 in.
To the north....................  67 [deg]F.........  42 [deg]F.........  11.3 in...........  41.65 in.
To the east.....................  71.4 [deg]F.......  46 [deg]F.........  4.1 in............  45.98 in.
To the south....................  72.7 [deg]F.......  49.2 [deg]F.......  4.1 in............  49.11 in.
To the west.....................  70 [deg]F.........  45.1 [deg]F.......  9.9 in............  44.57 in.
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[[Page 16804]]

    According to the petitioner, the annual frost-free growing season 
of the proposed Haw River Valley viticultural area runs from April 1 to 
November 1 and totals 214 days. The growing season is 2 to 4 weeks 
longer than that for the region to the west, and is similar to those 
for the regions to the immediate south and to the east of the proposed 
boundary line. The growing season length and frost-free dates fall 
within the parameters for successful viticulture of vinifera, hybrid, 
and Muscadine grapes, according to the ``Analysis for Viticultural 
Suitability in North Carolina,'' a map prepared by John Boyer (Virginia 
Polytechnic Institute and State University, 2001).

TTB Determination

    TTB concludes that this petition to establish the 868-square-mile 
Haw River Valley viticultural area merits consideration and public 
comment as invited in this notice.

Boundary Description

    See the narrative boundary description of the petitioned-for 
viticultural area in the proposed regulatory text published at the end 
of this notice.

Maps

    The petitioner provided the required maps, and we list them 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. If we establish this proposed viticultural area, its 
name, ``Haw River Valley,'' will be recognized as a name of 
viticultural significance under 27 CFR 4.39(i)(3). In addition, with 
the establishment of the Haw River Valley viticultural area, the name 
``Haw River'' standing alone will be considered a term of viticultural 
significance because consumers and vintners could reasonably attribute 
the quality, reputation, or other characteristic of wine made from 
grapes grown in the proposed Haw River Valley viticultural area to the 
name Haw River itself. A name has viticultural significance when 
determined by a TTB officer (see 27 CFR 4.39(i)(3)). Therefore, the 
proposed part 9 regulatory text set forth in this document specifies 
both ``Haw River Valley'' and ``Haw River'' as terms of viticultural 
significance for purposes of part 4 of the TTB regulations.
    If this proposed text is adopted as a final rule, wine bottlers 
using ``Haw River Valley'' or ``Haw River'' 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 
viticultural area's full name or ``Haw River'' as an appellation of 
origin.
    For a wine to be labeled with a viticultural area name or with a 
brand name that includes a viticultural area name or other term 
identified as being viticulturally significant in part 9 of the TTB 
regulations, at least 85 percent of the wine must be derived from 
grapes grown within the area represented by that name or other term, 
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 the 
viticultural area name or other viticulturally significant term and 
that name or term 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 viticultural area name or 
other viticulturally significant term appears in another reference on 
the label in a misleading manner, the bottler would have to obtain 
approval of a new label. Accordingly, if a label uses the name ``Haw 
River Valley'' or ``Haw River'' for a wine that does not meet the 85 
percent standard, the label will be subject to revocation upon the 
effective date of the approval of the Haw River Valley viticultural 
area.
    Different rules apply if a wine has a brand name containing a 
viticultural area name or other term of viticultural significance that 
was used as a brand name on a label approved before July 7, 1986. See 
27 CFR 4.39(i)(2) for details.

Public Participation

Comments Invited

    We invite comments from interested members of the public on whether 
we should establish the proposed viticultural area. We are interested 
in receiving comments on the sufficiency and accuracy of the name, 
climatic, boundary and other required information submitted in support 
of the petition. In addition, we are interested in receiving comments 
on the proposal to identify ``Haw River'' as a term of viticultural 
significance. Please provide any available specific information in 
support of your comments.
    Because of the potential impact of the establishment of the 
proposed Haw River Valley viticultural area on wine labels that include 
the words ``Haw River Valley'' or the words ``Haw River'' as discussed 
above under ``Impact on Current Wine Labels,'' we are particularly 
interested in comments regarding whether there will be a conflict 
between the proposed viticulturally significant terms 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 
viticultural area will have on an existing viticultural enterprise. We 
are also interested in receiving suggestions for ways to avoid 
conflicts, for example by adopting a modified or different name for the 
viticultural area.

Submitting Comments

    You may submit comments on this notice by using one of the 
following two methods:
     Federal e-Rulemaking Portal: You may electronically submit 
comments on this notice through Regulations.gov, the Federal e-
rulemaking portal. A direct link to the Regulations.gov page containing 
this notice and its related comment submission form is available on the 
TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml under 
Notice No. 81. You may also reach this notice and its related comment 
form via the Regulatons.gov search page at http://www.regulations.gov. 
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 ``User Guide'' under ``How 
to Use this Site.''
     Mail: You may send written comments to the Director, 
Regulations and Rulings Division, Alcohol and Tobacco Tax and Trade 
Bureau, P.O. Box 14412, Washington, DC 20044-4412.
    Please submit your comments by the closing date shown above in this 
notice. Your comments must reference Notice No. 81 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. We do not acknowledge receipt of comments, and we consider 
all comments as originals.
    If you are commenting on behalf of an association, business, or 
other entity, your comment must include the entity's name as well as 
your name and position title. If you comment via http://www.regulations.gov, please enter the entity's name in the 
``Organization'' blank of the comment form. If you comment via mail, 
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

[[Page 16805]]

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

    On the Federal e-rulemaking portal, Regulations.gov, we will post, 
and you may view, copies of this notice and any electronic or mailed 
comments we receive about this proposal. A direct link to the 
Regulations.gov docket containing this notice and the posted comments 
received on it is available on the TTB Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml under Notice No. 81. You may also reach the 
docket containing this notice and the posted comments received on it 
through the Regulatons.gov search page at http://www.regulations.gov. 
For instructions on how to use Regulations.gov, visit the site and 
click on ``User Guide'' under ``How to Use this Site.''
    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 e-mail addresses. We may omit voluminous 
attachments or material that we consider unsuitable for posting.
    You also may view copies of this notice and any electronic or 
mailed comments we receive about this proposal by appointment at the 
TTB Information Resource Center, 1310 G Street, NW., Washington, DC 
20220. You may also obtain copies at 20 cents per 8.5 x 11-inch page. 
Contact our information specialist at the above address or by telephone 
at 202-927-2400 to schedule an appointment or to request copies of 
comments or other materials.

Regulatory Flexibility Act

    We certify 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 a viticultural area 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

    This proposed rule is not a significant regulatory action as 
defined by Executive Order 12866. Therefore, it requires no regulatory 
assessment.

Drafting Information

    N.A. Sutton of the Regulations and Rulings Division drafted this 
notice.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, we propose to amend 
title 27, chapter 1, 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. Amend subpart C by adding Sec.  9.-- to read as follows:


Sec.  9.--  Haw River Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Haw River Valley''. For purposes of part 4 of this 
chapter, ``Haw River Valley'' and ``Haw River'' are terms of 
viticultural significance.
    (b) Approved maps. The two United States Geological Survey 
1:100,000-scale metric topographic maps used to determine the boundary 
of the Haw River Valley viticultural area are titled:
    (1) Greensboro, North Carolina, 1984; and
    (2) Chapel Hill, North Carolina, 1984.
    (c) Boundary. The Haw River Valley viticultural area is located in 
all of Alamance County and portions of Caswell, Chatham, Guilford, 
Orange, and Rockingham Counties. The boundary of the Haw River Valley 
viticultural area is as described below:
    (1) Begin at a point on the Greensboro map at the intersection of 
the Caswell and Orange Counties boundary line with Lynch Creek, 
southeast of Corbett and the Corbett Ridge, and then proceed in a 
straight line southeast 2 miles to the intersection of North Carolina 
State Highway 49 and an unnamed, light-duty road, known locally as 
McCulloch Road, located approximately 1 mile northeast of Carr, in west 
Orange County; then
    (2) Proceed in a straight line south-southwest 11.9 miles, crossing 
over U.S. Interstate 85, to Buckhorn at Turkey Hill Creek in west 
Orange County; then
    (3) Proceed in a straight line southeast 5.2 miles, crossing onto 
the Chapel Hill map, to its intersection with Dodsons Crossroad and an 
unnamed, light-duty road that runs generally north-northeast-south-
southwest in west Orange County; then
    (4) Proceed south-southwest on the unnamed, light-duty road 3.4 
miles to its intersection with North Carolina State Highway 54, also 
known as Star Route 54, east of White Cross in west Orange County; then
    (5) Proceed southeast in a straight line 14.1 miles, crossing over 
Terrells Mountain, Wilkinson Creek and several of its eastern 
tributaries, and U.S. Route 15-501, to its intersection with an unnamed 
road, known locally as Gilead Church Road, and U.S. Route 64 at 
Griffins Crossroads in Chatham County; then
    (6) Proceed generally west along U.S. Route 64 approximately 20.7 
miles to its intersection with U.S. Route 421 in Siler City, Chatham 
County; then
    (7) Proceed generally northwest on U.S. Route 421 approximately 5.6 
miles to its intersection with the Randolph County line, southeast of 
Staley; then
    (8) Proceed straight north along the Randolph County line 7.4 miles 
to its intersection with the Guilford County line; then
    (9) Proceed straight west along the Randolph County line 5.8 miles 
to its intersection with U.S. Route 421; then
    (10) Proceed in a straight line north-northwest 20.5 miles, 
crossing onto the Greensboro map, to its intersection with U.S. Route 
29 and North Carolina State Highway 150, between Browns Summit and 
Monticello in Guilford County; then
    (11) Proceed generally east and north on North Carolina State 
Highway 150 approximately 4.3 miles to its intersection with North 
Carolina State Highway 87, east-northeast of Williamsburg in southeast 
Rockingham County; then
    (12) Proceed in a straight line east-northeast 8.3 miles, crossing 
over the Caswell County line to a point at the intersection of the 236-
meter elevation line, as marked on the map, and an unnamed road, known 
locally as Cherry Grove Road; then
    (13) Proceed east and southeast along the unnamed road, known 
locally as Cherry Grove Road, 5 miles to its intersection with North 
Carolina State Highway 62 at Jericho in Caswell County; then
    (14) Proceed generally southeast on North Carolina State Highway 62 
approximately 1.8 miles to its intersection with an unnamed road, known 
locally as Bayne's Road at Anderson in Caswell County; then

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    (15) Proceed generally east on the unnamed road known locally as 
Bayne's Road 2 miles to its intersection with North Carolina State 
Highway 119 at Baynes in Caswell County; then
    (16) Proceed generally south-southeast along North Carolina State 
Highway 119 approximately 1.7 miles to its intersection with the 
Caswell County line; then
    (17) Proceed straight east along the Caswell County line 4.3 miles 
to the beginning point.

    Signed: March 1, 2008.
John J. Manfreda,
Administrator.
[FR Doc. E8-6508 Filed 3-28-08; 8:45 am]
BILLING CODE 4810-31-P