Establishment of the Crest of the Blue Ridge Henderson County Viticultural Area

Citation84 FR 34782
Record Number2019-15353
Published date19 July 2019
SectionRules and Regulations
CourtAlcohol And Tobacco Tax And Trade Bureau
Federal Register, Volume 84 Issue 139 (Friday, July 19, 2019)
[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
                [[Page 34783]]
                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,''
                [[Page 34784]]
                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
                [[Page 34785]]
                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
                

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