[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Proposed Rules]
[Pages 41891-41898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16725]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2013-0008: Notice No. 139]
RIN 1513-AC02
Proposed Establishment of the Upper Hiwassee Highlands
Viticultural Area
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 (TTB) proposes to
establish the approximately 692-square mile ``Upper Hiwassee
Highlands'' viticultural area in Cherokee and Clay Counties, North
Carolina, and Towns, Union, and Fannin Counties, Georgia. The proposed
viticultural area does not lie within or 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 September 10, 2013.
ADDRESSES: Please send your comments on this notice to one of the
following addresses (please note that TTB has a new address for
comments submitted by U.S. mail):
Internet: http://www.regulations.gov (via the online
comment form for this notice as posted within Docket No. TTB-2013-0008
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 200-E, Washington, DC
20005.
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, selected supporting materials,
and any comments that TTB receives about this proposal at http://www.regulations.gov within Docket No. TTB-2013-0008. A link to that
docket is posted on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 139. You also may view copies of this
notice, all related petitions, maps, and other supporting materials,
and any comments that TTB receives about this proposal by appointment
at the TTB Information Resource Center, 1310 G Street NW., Washington,
DC 20005. Please call 202-453-2270 to make an appointment.
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 (Revised), dated
January 21, 2003, to the TTB Administrator to perform the functions and
duties in the administration and enforcement of this law.
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
[[Page 41892]]
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 and lists
the approved American 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 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 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 9.12 of the TTB regulations (27 CFR
9.12) prescribes standards for petitions for the establishment or
modification of American viticultural areas. Petitions to establish a
viticultural area must include the following:
Evidence that the area within the proposed viticultural
area boundary is nationally or locally known by the viticultural area
name specified in the petition;
An explanation of the basis for defining the boundary of
the proposed viticultural area;
A narrative description of the features of the proposed
viticultural area that affect viticulture, such as climate, geology,
soils, physical features, and elevation, that make the proposed
viticultural area distinctive and distinguish it from adjacent areas
outside the proposed viticultural area boundary;
A copy of the appropriate United States Geological Survey
(USGS) map(s) showing the location of the proposed viticultural area,
with the boundary of the proposed viticultural area clearly drawn
thereon; and
A detailed narrative description of the proposed
viticultural area boundary based on USGS map markings.
Upper Hiwassee Highlands Petition
TTB received a petition from Eric Carlson, owner of Calaboose
Cellars, on behalf of himself and members of the Vineyard and Winery
Operators of the Upper Hiwassee River Basin group, proposing the
establishment of the approximately 690-square mile ``Upper Hiwassee
Highlands'' American viticultural area. The proposed viticultural area
is located in portions of Cherokee and Clay Counties, North Carolina,
and Towns, Union, and Fannin Counties, Georgia. The petition states
that 26 commercial vineyards are located throughout the proposed
viticultural area, growing approximately 54 acres of French-American
hybrids, American grape varieties, and Vitis vinifera. According to the
petition, present vineyard operators estimate they will expand their
plantings by an additional 75.5 acres within the next 5 years. Two new
vineyards are also in the planning stages and are expected to add an
additional 16 acres to the total acreage by the end of 2013. Five
wineries operate within the proposed viticultural area, and 4
additional wineries are in the planning stages and expected to open by
2014.
According to the petition, the distinguishing features of the
proposed Upper Hiwassee Highlands viticultural area include topography,
temperature, and soils. Unless otherwise noted, all information and
data pertaining to the proposed viticultural area contained in this
document are from the petition for the proposed Upper Hiwassee
Highlands viticultural area and its supporting exhibits.
Name Evidence
The proposed Upper Hiwassee Highlands viticultural area is located
in the southern Appalachian Mountains in portions of southwestern North
Carolina and northwestern Georgia. According to the petition,
``highland'' and ``highlands'' are traditional terms used to describe
the high, rugged, regions of the southern portion of the Appalachians
and are terms used by businesses and organizations within the proposed
viticultural area. For example, the Southern Highland Craft Guild
sponsors juried memberships to craftspeople in counties within the
Appalachian Mountain areas of nine States, including all five counties
within the proposed Upper Hiwassee Highlands viticultural area. The
Southern Highlands Attractions organization hosts a Web page featuring
travel attractions in the Appalachian regions of Virginia, Tennessee,
North Carolina, and Georgia and includes locations within the proposed
viticultural area (see www.southernhighlands.org). Additionally, an
Internet search by TTB found the Blue Ridge Highlander online magazine
and travel guide, which features events and entertainment venues within
the Blue Ridge Mountain region, including the annual Taste of the
Southern Highlands event in Hiawassee, Georgia, which is located within
the proposed viticultural area (see www.blueridgehighlander.com.)
Because the word ``highlands'' applies to a very broad region of
the Appalachian Mountains, the petitioner chose to add the term ``Upper
Hiwassee'' to the name of the proposed viticultural area to distinguish
it geographically from the larger Appalachian region. The term ``Upper
Hiwassee'' refers to the proposed viticultural area's location along
the upper portions of the Hiwassee River, from the river's headwaters
in Towns County, Georgia, to the Hiwassee Dam on Hiwassee Lake in
Cherokee County, North Carolina. The portion of the river that flows
north of the dam, outside the proposed viticultural area, is often
referred to as the ``lower'' river.
The name ``Hiwassee'' and its variant ``Hiawassee'' are used
throughout the region of the proposed viticultural area. The town of
Hiawassee, Georgia, is located within the proposed viticultural area in
Towns County and is near the headwaters of the Hiwassee River. The
Hiwassee River Watershed Coalition is a nonprofit organization whose
mission is to facilitate water quality in streams and lakes
``throughout the upper Hiwassee River watershed within Cherokee and
Clay counties in North Carolina and Towns and Union counties in north
Georgia.'' (See www.hrwc.net). The Hiwassee River Basin Directory is an
online source of news and information for southwestern North Carolina,
northwestern Georgia, southeastern Tennessee, including the region
within the proposed Upper Hiwassee Highlands viticultural area (see
www.hiwassee.us). The Hiwassee River Valley Kennel Club is located in
Murphy, North Carolina, within the proposed viticultural area. Finally,
a search by TTB of the USGS's Geographical Names Information System
(GNIS; http://geonames.usgs.gov/index.html) found 13 locations and
populated places within the proposed viticultural area that use the
name ``Hiwassee,'' including a church and a mountain ridge in Towns
County, Georgia, and a
[[Page 41893]]
school, fire department, dam, and cemetery in Cherokee County, North
Carolina.
Boundary Evidence
The proposed Upper Hiwassee Highlands viticultural area is a broad
basin surrounded by high mountains. The Hiwassee River flows in a
northwesterly direction through the proposed viticultural area, and the
proposed boundary approximates the boundary of the watershed for the
upper portion of the river.
The northern, eastern, and southern portions of the proposed
boundary follow the 2,400-foot elevation contour line, which was chosen
because the highest vineyards within the proposed viticultural area are
planted at elevations between 2,000 and 2,400 feet; above 2,400 feet,
the climate and terrain is generally too steep and cold for commercial
viticulture. The 2,400-foot elevation contour line also separates the
lower elevations of the upper Hiwassee River watershed from the higher
elevations of the Unicoi and Snowbird Mountains to the north, the
Tusquitee and Nantahala Mountains to the east, and the Blue Ridge
Mountains to the south.
The western portion of the proposed boundary follows the boundary
between Union and Fannin Counties, in Georgia, and a series of roads
and straight lines drawn between points on the USGS maps. The proposed
western boundary separates the upper Hiwassee River watershed of the
proposed viticultural area from the Ocoee River watershed, as well as
from the watershed for the lower portion of the Hiwassee River.
Distinguishing Features
The distinguishing features of the proposed Upper Hiwassee
Highlands viticultural area include topography, temperature, and soils.
Topography
As previously noted, the proposed Upper Hiwassee Highlands
viticultural area is a broad basin that encompasses the watershed for
the upper portion of the Hiwassee River. The Hiwassee River has its
headwaters in the southeast portion of the proposed viticultural area,
near the town of Hiawassee, Georgia. The river flows northwesterly,
exiting the proposed viticultural area at the Hiwassee Dam before
continuing into Tennessee, where it joins with the Ocoee River and,
eventually, the Tennessee River. Within the basin of the proposed
viticultural area are mountains interspersed with broad valleys. The
largest of these valleys runs southwest to northeast between the towns
of Martins Creek and Andrews, North Carolina, along a geological
feature known as the Murphy Belt Sequence. Most of the vineyards within
the proposed viticultural area are planted in the valleys or on the
gentle slopes of the lower elevations of the mountains.
The proposed Upper Hiwassee Highlands viticultural area is bordered
to the north, east, and south by higher, steeper mountains interspersed
with narrow, deeply incised gorges. To the west, below the Hiwassee
Dam, are a series of lower ridges, mountains, and deep, narrow river
gorges that form the watershed for the Ocoee River and the lower
portion of the Hiwassee River. The table below compares the mean
elevation within the proposed viticultural area to the elevations of
the surrounding regions.
Table 1--Comparison of Elevation
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Direction from the proposed Mean elevation
Region viticultural area (feet)
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Proposed Upper Hiwassee Highlands viticultural area........ N/A.............................. 1,974
Unicoi and Snowbird Mountains.............................. North............................ 3,303
Valley River and Tusquitee and Nantahala Mountains......... East............................. 3,335
Blue Ridge Mountains....................................... South............................ 2,898
Ocoee River and lower Hiwassee River watersheds............ West............................. 1,849
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In addition to having lower elevations than most of the surrounding
regions, the proposed Upper Hiwassee Highlands viticultural area also
has significantly shallower slope angles. According to the slope angle
analysis included in the petition, approximately 70 percent of the
slopes within the proposed viticultural area have angles between 0 and
15 degrees, which is level enough to prevent erosion and gentle enough
for safe and convenient manual and mechanical cultivation. Only 16
percent of the slopes within the proposed viticultural area have slope
angles greater than 20 percent. Slope angles greater than 20 degrees
are unsafe for mechanical cultivation and make even manual vineyard
work difficult.
To the north of the proposed viticultural area, within the Unicoi
and Snowbird Mountains, only 20 percent of the slopes are less than or
equal to 15 degrees, and 62 percent are at angles greater than 20
degrees. To the east, within the Valley River and the Tusquitee and
Nantahala Mountains, only 23 percent of the slopes have angles less
than or equal to 15 degrees, and 58 percent of the slopes have angles
greater than 20 degrees. To the south, within the Blue Ridge Mountains,
30 percent of the slopes have angles less than or equal to 15 degrees,
and 47 percent of the slopes are over 20 degrees. To the west, in the
watersheds of the Ocoee River and lower Hiwassee River, 63 percent of
the slope angles are less than or equal to 15 degrees, and 21 percent
of the slopes have angles greater than 20 degrees.
The gentle mountain slopes and broad valleys of the proposed Upper
Hiwassee Highlands viticultural area allow high amounts of solar
radiation to reach the vineyards. By contrast, the surrounding regions
are characterized by steep mountains and narrow, deeply incised gorges
which restrict the amount of sunlight that reaches the lower, tillable
mountainsides and valley floors; this effect is known as ``mountain
shadowing.'' The table below compares the total and per-acre amounts of
solar radiation accumulated within the proposed viticultural area and
surrounding regions during the growing season (April through October),
as measured in Watt-hours.\1\
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\1\ Total Watt-hours and mean Watt-hours per acre were
calculated using the Environmental Systems Research Institute's
(ESRI) Spatial Analyst Solar Radiation function. The software
calculates solar radiation accumulation using the latitude of the
chosen location and the azimuth and elevation of the sun's track
across the sky each month. Because the sun's track varies with the
season, but does not change from year to year, the analysis is not
tied to any specific year.
[[Page 41894]]
Table 2--Comparison of Growing Season Solar Radiation Accumulation
[Measured in watt-hours]
------------------------------------------------------------------------
Total solar Mean solar
Region radiation accumulation per
accumulation acre
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Proposed viticultural area..... 2.23x10\15\ 5.05x10\9\
North.......................... 6.72x10\14\ 4.11x10\9\
East........................... 1.12x10\15\ 4.41x10\9\
South.......................... 7.04x10\14\ 4.34x10\9\
West........................... 2.00x10\15\ 4.77x10\9\
------------------------------------------------------------------------
As shown in the table, both the total and the per-acre solar
radiation accumulation within the proposed viticultural area are
greater than those of all of the surrounding regions. The contrast is
greatest between the region to the north and the proposed viticultural
area, with the proposed viticultural area accumulating 3.32 times the
amount of total solar radiation and 23 percent more solar radiation on
a per-acre basis. High levels of solar radiation promote efficient
photosynthesis in the vines and speed the ripening of fruit.
Temperature
The proposed Upper Hiwassee Highlands viticultural area is warmer
than the surrounding regions to the north, east, and south and slightly
cooler than the region to the west. Because of the wide variety of
elevations both within and outside the proposed viticultural area, the
petitioner used the climate data mapping system created by the PRISM
Climate Group at Oregon State University to estimate general climate
patterns for the entire region.\2\ The climate normals used in the
calculations were gathered from three weather stations within the
proposed viticultural area and nine stations from the surrounding
regions.\3\ The following table shows the mean annual and growing
season temperatures calculated using the PRISM mapping system. The mean
July temperature was also calculated because July represents the peak
of the growing season.
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\2\ The PRISM climate data mapping system combined climate
normals gathered from weather stations, along with other factors
such as elevation, longitude, slope angles, and solar aspect to
estimate the general climate patterns for the proposed AVA and the
surrounding regions. Climate normals are only calculated every 10
years, using 30 years of data, and at the time the petition was
submitted, the most recent climate normals available were from the
period of 1971-2000.
\3\ The weather stations used in the analysis are the same
stations listed in Table 5.
Table 3--Comparison of Mean Temperatures
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Mean temperature (fahrenheit)
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Region Growing season
Annual (April-October) July
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Proposed viticultural area............................. 53.5 64.9 73.2
North.................................................. 51 61 69.7
East................................................... 50.3 61.7 69
South.................................................. 51.6 62.4 70.6
West................................................... 55.9 65.3 73.8
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The petitioner also used the climate data mapping system to
determine the Winkler Region Classification \4\ for the various
elevations within the proposed Upper Hiwassee Highlands viticultural
area and the surrounding regions. The following table shows the
classifications.
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\4\ In the Winkler climate classification system, annual heat
accumulation during the growing season, measured in annual growing
degree days (GDD), defines climatic regions. One GDD accumulates for
each degree Fahrenheit that a day's mean temperature is above 50
degrees, the minimum temperature required for grapevine growth
(``General Viticulture,'' by Albert J. Winkler, University of
California Press, 1974, pages 61-64).
Table 4--Comparison of Winkler Region Classifications
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Elevation range Percentage of
Region (feet) area Winkler region classification
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Proposed viticultural area................ 1,503-1,700 6.1 IV
1,700-2,300 83.6 III
2,300-2,400 6.3 II
2,400-3,655 4.0 I
North..................................... 2,400-3,100 45.1 II
3,100-5,554 54.9 I
East...................................... 2,400-3,350 55.0 II
3,350-5,492 45.0 I
South..................................... 2,400-3,200 80.6 II
3,200-4,784 19.4 I
West...................................... 837-1,600 14.8 IV
1,600-2,400 70.5 III
2,400-3,200 13.1 II
[[Page 41895]]
3,200-4,219 1.6 I
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As shown in the table, the majority of the proposed viticultural
area (84 percent) is classified as a moderately warm Region III climate
in the Winkler climate classification system. The regions to the north,
east, and south are classified as very cool Regions I and II. The
region to the west is primarily a Region III, similar to the proposed
viticultural area, although the region to the west does have a larger
percentage of land in the very warm Region IV category than the
proposed viticultural area.
Finally, the petition included estimates of the average freeze-free
period (also referred to as the growing season) for the proposed Upper
Hiwassee Highlands viticultural area and the surrounding regions. The
data was collected from the period between 1971 and 2000 \5\ from the
same weather stations used to determine the mean annual and growing
season temperatures.
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\5\ At the time the petition was submitted, the only climate
normal available for the weather stations were from the 1971-2000
period.
Table 5--Comparison of Freeze-Free Periods
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Average
Direction from freeze-
Weather station location proposed viticultural free period
area (days)
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Andrews, NC......................... Within............... 168
Athens, TN.......................... Northwest............ 190
Blairsville, GA..................... Within............... 161
Cataloochee, NC..................... Northeast............ 151
Clayton, GA......................... Southeast............ 171
Copperhill, TN...................... West................. 173
Coweeta, NC......................... East................. 160
Dahlonega, GA....................... South................ 193
Franklin, NC........................ East................. 165
Helen, GA........................... South................ 183
Murphy, NC.......................... Within............... 168
Oconaluftee, NC..................... Northeast............ 151
------------------------------------------------------------------------
The three weather stations within the proposed viticultural area
have average freeze-free periods that are generally shorter than those
to the west, south, and southeast and longer than those to the
northeast. Although the proposed viticultural area has freeze-free
periods similar to those to the east, the area to the east still has
cooler overall temperatures that distinguish the region from the
proposed viticultural area.
The moderately warm temperature of the proposed Upper Hiwassee
Highlands viticultural area plays a role in the varieties of grapes
that are grown. According to the petition, the climate is most suitable
for growing French-American hybrids, which are grown in 17 of the 26
vineyards within the proposed viticultural area and cover 49 percent of
the total vineyard acres within the proposed viticultural area.
Examples of these French-American hybrids include Chambourcin,
Traminette, Seyval Blanc, and Vidal Blanc. American varieties, such as
Norton, Catawba, and Concord, are also popular and are grown in 11 of
the vineyards and cover approximately 14 percent of the total vineyard
acres within the proposed viticultural area. Vitis vinifera varieties
cover approximately 37 percent of the total vineyard acres within the
proposed viticultural area, but according to the petition, only 1 of
the 26 vineyards within the proposed viticultural area grows V.
vinifera varieties exclusively, with a total of half an acre planted to
Cabernet Sauvignon. By contrast, the petition notes that the V.
vinifera varieties are the most common varieties grown in the
surrounding regions. The Biltmore Vineyard, approximately 90 miles away
in Asheville, North Carolina, is the nearest commercial vineyard to the
north of the proposed viticultural area and grows V. vinifera
exclusively, including Cabernet Sauvignon, Merlot, and Chardonnay. The
nearest vineyards to the south, approximately 30 miles away in
Dahlonega and Cleveland, Georgia, and to the west, in the Appalachian
foothills of Tennessee, also primarily grow V. vinifera varieties,
along with some American varieties. Commercial viticulture is not
present in the region immediately to the east of the proposed
viticultural area because the region is largely covered by the
Nantahala National Forest.
Soils
Nineteen soil associations have been mapped within the proposed
Upper Hiwassee Highlands viticultural area, and 4 of these associations
cover 77 percent of the land: Tsali-Spivey-Santeetlah-Junaluska (37
percent), Saluda-Hayesville-Evard-Brevard-Bradson (20 percent), Evard-
Clifton-Braddock (11 percent), and Tusquitee-Porters-Edneyville-Ashe
(10 percent). These soils are derived from metasedimentary rocks such
as phyllites, slates, schists, metasandstones, and marble. They are
generally deep, moderately to well drained, and moderately fertile.
Deep soil allows for ample root growth to support the vines and collect
water and nutrients. Well drained soil prevents waterlogging, which
promotes rot and fungal growth. Moderately fertile soil provides
adequate nutrition to the vines without promoting excessively thick
leaf canopies that provide too much shade to the grape clusters; overly
shaded fruit ripens slower than fruit with more sun exposure and is
more susceptible to mold and mildew.
To the north, within the Unicoi and Snowbird mountains, soils of
the Stecoah-Spivey-Porters-Edneyville-Chestnut association are the most
common (40 percent). To the east, within the Valley River and the
Nantahala and Tusquitee Mountains, soils of the Tusquitee-Porters-
Fannin-Evard-Bervard-Ashe association are the most prevalent (40
percent). The petition states that the soil to the north and east is
shallower and more at risk for erosion because of the steepness of the
terrain. The petition also states that the soil in these regions is
likely to contain more organic material and be more fertile than the
soil of the proposed viticultural area due to the large amounts of
decaying leaves and other vegetative matter dropped from trees and
shrubs in these heavily forested regions.
To the south, within the Blue Ridge Mountains, and to the west,
within the watersheds of the Ocoee River and lower Hiwassee River, the
Tusquitee-Porters-Edneyville-Ashe association is the most common soil
type (91 percent and 27 percent, respectively). The petition notes that
although this soil association is also found within the proposed
viticultural area, the soil to the south and west occurs on much
steeper slopes and, therefore, is likely to be shallower and more at
risk of erosion than the same soil series within the proposed
viticultural area.
Summary of Distinguishing Features
In summary, the evidence provided in the petition indicates that
the
[[Page 41896]]
geographic features of the proposed Upper Hiwassee Highlands
viticultural area distinguish it from the surrounding regions in each
direction. To the north, east, and south, the elevations are higher,
the temperatures are lower, and the most common soil associations are
different from those in the proposed viticultural area, namely,
Stecoah-Spivey-Porters-Edneyville-Chestnut, Tusquitee-Porters-Fannin-
Evard-Bervard-Ashe, and Tusquitee-Porters-Edneyville-Ashe,
respectively. To the west, the elevations are lower, the temperatures
are generally higher, and the most common soil association is
Tusquitee-Porters-Edneyville-Ashe. All of the surrounding regions have
steeper slope angles and accumulate less solar radiation than the
proposed viticultural area.
TTB Determination
TTB concludes that the petition to establish the approximately 692-
square mile Upper Hiwassee Highlands 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 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. If TTB establishes this proposed viticultural area,
its name, ``Upper Hiwassee Highlands,'' will be recognized as a name of
viticultural significance under 27 CFR 4.39(i)(3). The text of the
proposed regulation clarifies this point. Consequently, wine bottlers
using the name ``Upper Hiwassee Highlands'' 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
viticultural name as an appellation of origin if this proposed rule is
adopted as a final rule.
TTB does not believe that the terms ``Hiwassee,'' ``Hiwassee
Highlands,'' or ``highlands,'' standing alone, should have viticultural
significance if the proposed viticultural area is established. The term
``Hiwassee'' has widespread use within the United States as a
geographical name, used in reference to 37 locations in 5 States
outside the proposed viticultural area, according to a GNIS search. The
term ``highlands'' is commonly used both nationally and internationally
as a generic term for a rugged, mountainous region. The phrase
``Hiwassee Highlands'' applies not only to the region within the
proposed viticultural area but also to the region immediately outside
the proposed viticultural area, below the Hiwassee Dam. Accordingly,
the proposed part 9 regulatory text set forth in this document
specifies only the full name ``Upper Hiwassee Highlands'' as a term of
viticultural significance for purposes of part 4 of the TTB
regulations.
For a wine to be labeled with a viticultural area name or with a
brand name that includes a viticultural area 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 a viticultural area 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
viticultural area 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 a
viticultural area 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.
Public Participation
Comments Invited
TTB invites comments from interested members of the public on
whether it should establish the proposed viticultural area. TTB is also
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, soils, 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 Upper Hiwassee Highlands viticultural area on wine labels that
include the term ``Upper Hiwassee Highlands'' 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 viticultural area 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 proposed viticultural area.
Submitting Comments
You may submit comments on this notice 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 notice within Docket No. TTB-2013-
0008 on ``Regulations.gov,'' the Federal e-rulemaking portal, at http://www.regulations.gov. A direct link to that docket is available under
Notice No. 139 on the TTB Web site at http://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 200-E, Washington, DC 20005.
Please submit your comments by the closing date shown above in this
notice. Your comments must reference Notice No. 139 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
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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 notice, selected
supporting materials, and any online or mailed comments received about
this proposal within Docket No. TTB-2013-0008 on the Federal e-
rulemaking portal, Regulations.gov, at http://www.regulations.gov. A
direct link to that docket is available on the TTB Web site at http://www.ttb.gov/wine/wine-rulemaking.shtml under Notice No. 139. You may
also reach the relevant docket through the Regulations.gov search page
at http://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 notice, 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.
Contact TTB's information specialist at the above address or by
telephone at 202-453-2270 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 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, 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.-------- Upper Hiwassee Highlands.
(a) Name. The name of the viticultural area described in this
section is ``Upper Hiwassee Highlands''. For purposes of part 4 of this
chapter, ``Upper Hiwassee Highlands'' is a term of viticultural
significance.
(b) Approved maps. The 24 United States Geological Survey 1:24,000
scale topographic maps used to determine the boundary of the Upper
Hiwassee Highlands viticultural area are titled:
(1) Unaka, NC/TN, 1957; photorevised 1978;
(2) McDaniel Bald, NC/TN, 1957; photoinspected 1976;
(3) Marble, NC, 1938; photorevised 1990;
(4) Andrews, NC, 1938; photorevised 1990;
(5) Topton, NC, 1957; photoinspected 1976;
(6) Peachtree, NC, 1937; photorevised 1973;
(7) Hayesville, NC, 1966; photorevised 1978; photoinspected 1987;
(8) Shooting Creek, NC, 1957; photorevised 1990;
(9) Rainbow Springs, NC, 1957; photorevised 1978;
(10) Macedonia, GA/NC, 1988;
(11) Hightower Bald, GA/NC, 1988;
(12) Tray Mountain, GA, 1957; photorevised 1985;
(13) Jacks Gap, GA, 1988;
(14) Hiawassee, GA/NC, 1988;
(15) Blairsville, GA/NC, 1988;
(16) Cowrock, GA, 1988;
(17) Coosa Bald, GA, 1988;
(18) Neels Gap, GA, 1988;
(19) Mulky Gap, GA, 1965;
(20) Wilscot, GA, 1947;
(21) Nottely Dam, GA/NC, 1988;
(22) Culberson, NC/GA, 1988;
(23) Persimmon Creek, NC, 1957; photorevised 1978; and
(24) Isabella, TN/NC, 1957; photorevised 1978.
(c) Boundary. The Upper Hiwassee Highlands viticultural area is
located in Cherokee and Clay Counties in North Carolina and in Towns,
Union, and Fannin Counties in Georgia. The boundary of the Upper
Hiwassee Highlands viticultural area is as follows:
(1) The beginning point is in Cherokee County, North Carolina, on
the Unaka map at the intersection of the northwestern end of the
Hiwassee Dam and an unnamed light-duty road known locally as Hiwassee
Dam Access Road.
(2) From the beginning point, proceed northwesterly on Hiwassee Dam
Access Road approximately 4.2 miles to the road's intersection with an
unnamed light-duty road known locally as Joe Brown Highway; then
(3) Proceed northeasterly on Joe Brown Highway approximately 1.4
miles to the highway's intersection with an unnamed light-duty road
known locally as Burrell Mountain Road; then
(4) Proceed east-northeasterly along a straight line (drawn from
the intersection of Joe Brown Highway and Burrell Mountain Road to the
peak of Bird Knob) to the point where the line intersects the 2,400-
foot elevation line west of Bird Knob; then
(5) Proceed initially southerly and then easterly along the
meandering 2,400-foot elevation line and continue to follow the
elevation line in an overall clockwise direction through Cherokee and
Clay Counties, North Carolina, and then Towns and Union Counties,
Georgia, crossing over as necessary the McDaniel Bald, Marble, Andrews,
Topton, Peachtree, Hayesville, Shooting Creek, Rainbow Springs,
Macedonia, Hightower Bald, Tray Mountain, Jacks Gap, Hiwassee,
Blairsville, Cowrock, Coosa Bald, Neels Gap, and Mulky Gap maps and
ending on the Wilscot map, to the 2,400-foot elevation line's
intersection with the Union-Fannin County boundary line at Skeenah Gap;
then
(6) Proceed northerly along the meandering Union-Fannin County
boundary line, crossing over the Mulky Gap and Nottely Dam maps and
onto the Culberson map, to the summit of High Top Mountain; then
[[Page 41898]]
(7) Proceed northwesterly in a straight line approximately one mile
to the intersection of two unnamed light-duty roads known locally as
Cutcane Road and Mt. Herman Road, near Mt. Herman Church; then
(8) Proceed northwesterly on Mt. Herman Road approximately one mile
to the road's intersection with State Spur 60 (Murphy Highway); then
(9) Proceed southwesterly on State Spur 60 (Murphy Highway)
approximately 2 miles to the road's intersection with an unnamed light-
duty road known locally as Knollwood Road; then
(10) Proceed northwesterly in a straight line approximately 1.75
miles to the summit of Watson Mountain; then
(11) Proceed northeasterly in a straight line approximately 2.15
miles, crossing onto the Persimmon Creek map, to the line's
intersection with the wagon and jeep track at the southern-most summit
of Vance Mountain in Cherokee County, North Carolina; then
(12) Proceed north-northwesterly along the wagon and jeep track
approximately 0.8 mile to the track's intersection with a marked foot
trail near the 2,200-foot elevation line on the northern spur of Vance
Mountain; then
(13) Proceed north-northwesterly along the foot trail approximately
0.5 mile to the trail's intersection with an unnamed road known locally
as Wallace Road, and then continue north-northwesterly along Wallace
Road approximately 0.4 mile to the road's intersection with U.S.
Highway 64 near Hothouse; then
(14) Proceed westerly along U.S. Highway 64 approximately one mile
to the highway's intersection with a marked northerly foot trail at
Nealy Gap; then
(15) Proceed northerly along the marked foot trail, briefly
crossing to and from the Isabella map, to the foot trail's intersection
with an unnamed unimproved road, and then continue northerly on the
unimproved road to its intersection with a second unnamed unimproved
road known locally as Charles Laney Road, a total approximate distance
of 0.75 mile; then
(16) Proceed northwesterly on the unnamed unimproved road known
locally as Charles Laney Road, crossing onto the Isabella map, to the
road's end, and then continue north-northwesterly on a marked foot
trail to the trail's intersection with a wagon and jeep track at
Wolfpen Gap, a total approximate distance of one mile; then
(17) Proceed easterly and then northeasterly along the wagon and
jeep trail, crossing onto the Persimmon Creek map, to the 3,284-foot
benchmark (MLB 1514) on Payne Mountain, then continue northeasterly on
the wagon and jeep trail (which is partially marked as a foot trail)
along the ridge line of Payne Mountain to the peak of Harris Top, then
continue north-northeasterly on the wagon and jeep trail to the peak of
Beaver Top, a total approximate distance of 2.75 miles; then
(18) Proceed northeasterly approximately 0.25 mile on the wagon and
jeep trail to the point where the trail turns sharply to the southeast
at a summit within the 2,480-foot elevation line on the western
shoulder of Indian Grave Gap; then
(19) Proceed north in a straight line approximately 0.95 mile to
the summit of Canedy Mountain, and then continue north-northwest in a
straight line approximately 0.45 mile to the line's intersection with
an unnamed light-duty road known locally as Candy Mountain Road; then
(20) Proceed east-northeasterly on Candy Mountain Road
approximately 0.8 mile to the 1,740-foot benchmark (BM HR 116); then
(21) Proceed northerly in a straight line approximately 1.2 miles
to the southern-most peak of Ghormley Mountain (within the 2,440-foot
elevation line); then
(22) Proceed north-northeast in a straight line approximately 1.3
miles to the intersection of an unnamed light-duty road known locally
as Lower Bear Paw Road and an unnamed unimproved road just south of
Reids Chapel (the chapel is shown along the southern edge of the Unaka
map); then
(23) Proceed northerly on Lower Bear Paw Road approximately 0.35
mile, crossing onto the Unaka map, to the road's intersection with an
unnamed medium-duty road known locally as Hiwassee Dam Access Road;
then
(24) Proceed easterly and then northerly along Hiwassee Dam Access
Road approximately 2.9 miles, returning to the beginning point at the
northwestern end of Hiwassee Dam.
Dated: July 3, 2013.
John J. Manfreda,
Administrator.
[FR Doc. 2013-16725 Filed 7-11-13; 8:45 am]
BILLING CODE 4810-31-P