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Federal Register/Vol. 81, No. 85/Tuesday, May 3, 2016/Proposed

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Federal Register/Vol. 81, No. 85/Tuesday, May 3, 2016/Proposed Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules 26507 DEPARTMENT OF THE TREASURY Rulings Division, Alcohol and Tobacco purchase. Establishment of an AVA is Tax and Trade Bureau, 1310 G Street neither an approval nor an endorsement Alcohol and Tobacco Tax and Trade NW., Box 12, Washington, DC 20005; by TTB of the wine produced in that Bureau phone 202–453–1039, ext. 175. area. SUPPLEMENTARY INFORMATION: 27 CFR Part 9 Requirements Background on Viticultural Areas [Docket No. TTB–2016–0003; Notice No. Section 4.25(e)(2) of the TTB 158] TTB Authority regulations (27 CFR 4.25(e)(2)) outlines the procedure for proposing an AVA RIN 1513–AC25 Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 27 and provides that any interested party Proposed Establishment of the U.S.C. 205(e), authorizes the Secretary may petition TTB to establish a grape- Appalachian High Country Viticultural of the Treasury to prescribe regulations growing region as an AVA. Section 9.12 Area for the labeling of wine, distilled spirits, of the TTB regulations (27 CFR 9.12) and malt beverages. The FAA Act prescribes standards for petitions for the AGENCY: Alcohol and Tobacco Tax and provides that these regulations should, establishment or modification of AVAs. Trade Bureau, Treasury. among other things, prohibit consumer Petitions to establish an AVA must ACTION: Notice of proposed rulemaking. deception and the use of misleading include the following: • Evidence that the area within the SUMMARY: The Alcohol and Tobacco Tax statements on labels and ensure that labels provide the consumer with proposed AVA boundary is nationally and Trade Bureau (TTB) proposes to or locally known by the AVA name establish the approximately 2,400- adequate information as to the identity and quality of the product. The Alcohol specified in the petition; square mile ‘‘Appalachian High • Country’’ viticultural area in all or and Tobacco Tax and Trade Bureau An explanation of the basis for portions of the following counties: (TTB) administers the FAA Act defining the boundary of the proposed Alleghany, Ashe, Avery, Mitchell, and pursuant to section 1111(d) of the AVA; Watauga Counties in North Carolina; Homeland Security Act of 2002, • A narrative description of the Carter and Johnson Counties in codified at 6 U.S.C. 531(d). The features of the proposed AVA affecting Tennessee; and Grayson County in Secretary has delegated various viticulture, such as climate, geology, Virginia. The proposed viticultural area authorities through Treasury soils, physical features, and elevation, does not lie within, nor does it contain, Department Order 120–01, dated that make the proposed AVA distinctive any other established viticultural area. December 10, 2013 (superseding and distinguish it from adjacent areas TTB designates viticultural areas to Treasury Department Order 120–01, outside the proposed AVA boundary; allow vintners to better describe the (Revised), ‘‘Alcohol and Tobacco Tax • The appropriate United States origin of their wines and to allow and Trade Bureau,’’ dated January 24, Geological Survey (USGS) map(s) consumers to better identify wines they 2003), to the TTB Administrator to showing the location of the proposed may purchase. TTB invites comments perform the functions and duties in the AVA, with the boundary of the on this proposed addition to its administration and enforcement of these proposed AVA clearly drawn thereon; regulations. provisions. and Part 4 of the TTB regulations (27 CFR • DATES: Comments must be received by part 4) authorizes TTB to establish A detailed narrative description of July 5, 2016. definitive viticultural areas and regulate the proposed AVA boundary based on ADDRESSES: Please send your comments the use of their names as appellations of USGS map markings. on this proposed rule to one of the origin on wine labels and in wine Appalachian High Country Petition following addresses (please note that advertisements. Part 9 of the TTB TTB has a new address for comments regulations (27 CFR part 9) sets forth the TTB received a petition from Johnnie submitted by U.S. mail): standards for the preparation and James, owner of Bethel Valley Farms, on • Internet: https:// submission of petitions for the behalf of members of the High Country www.regulations.gov (via the online establishment or modification of Wine Growers Association, proposing to comment form for this proposed rule as American viticultural areas (AVAs) and establish the approximately 2,400- posted within Docket No. TTB–2016– lists the approved AVAs. square mile ‘‘Appalachian High 0003 at ‘‘Regulations.gov,’’ the Federal Country’’ AVA. Twenty-one commercial e-rulemaking portal); Definition vineyards, covering approximately 71 • U.S. Mail: Director, Regulations and Section 4.25(e)(1)(i) of the TTB acres, are distributed across the Rulings Division, Alcohol and Tobacco regulations (27 CFR 4.25(e)(1)(i)) defines proposed AVA. According to the Tax and Trade Bureau, 1310 G Street a viticultural area for American wine as petition, an additional 8 vineyards NW., Box 12, Washington, DC 20005; or a delimited grape-growing region having comprising approximately 37 acres are • Hand delivery/courier in lieu of distinguishing features, as described in planned in the near future. There are mail: Alcohol and Tobacco Tax and part 9 of the regulations, and a name also 10 bonded wineries within the Trade Bureau, 1310 G Street NW., Suite and a delineated boundary, as proposed AVA. 400, Washington, DC 20005. established in part 9 of the regulations. The distinguishing features of the See the Public Participation section of These designations allow vintners and proposed Appalachian High Country this proposed rule for specific consumers to attribute a given quality, AVA include its topography, climate, instructions and requirements for reputation, or other characteristic of a and soils. Unless otherwise noted, all submitting comments, and for wine made from grapes grown in an area information and data pertaining to the information on how to request a public to the wine’s geographic origin. The proposed AVA contained in this hearing or view or request copies of the establishment of AVAs allows vintners proposed rule come from the petition petition and supporting materials. to describe more accurately the origin of for the proposed Appalachian High FOR FURTHER INFORMATION CONTACT: their wines to consumers and helps Country AVA and its supporting Karen A. Thornton, Regulations and consumers to identify wines they may exhibits. VerDate Sep<11>2014 22:30 May 02, 2016 Jkt 238001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\03MYP1.SGM 03MYP1 asabaliauskas on DSK9F6TC42PROD with PROPOSALS 26508 Federal Register / Vol. 81, No. 85 / Tuesday, May 3, 2016 / Proposed Rules Name Evidence Drywall 10 in Laurel Springs, North southwestern boundaries follow the Carolina (Alleghany County). Mitchell County line, to separate the The region of the proposed The petition also included a listing of proposed AVA from the steeper slopes Appalachian High Country AVA is often over 40 additional businesses and of the Black Mountains. Additionally, referred to as the ‘‘High Country’’ organizations that routinely use the the petition states that the phrase ‘‘High because of its high elevations, which, phrase ‘‘High Country’’ in their printed Country’’ is not commonly used in according to the petition, are considered or radio advertisements. For example, reference to the region southwest of to be the highest average elevations east Boone Drug, which has locations in all Mitchell County. A portion of the of the Mississippi River. The High of the Tennessee and North Carolina western boundary follows the 2,000-foot Country Wine Growers Association counties within the proposed AVA, elevation line through Carter County chose to add ‘‘Appalachian’’ to the advertises that the pharmacy chain was and separates the high elevations of the proposed AVA name as a reference to established in 1919 and ‘‘has proudly proposed AVA from the lower the proposed AVA’s location within the been serving the High Country ever elevations to the west. The remainder of Appalachian Mountains, as well as to since * * *.’’ 11 Prospect Hill Bed and the proposed western boundary, along distinguish the proposed AVA from Breakfast, located in Mountain City, with the proposed northwestern and other regions across the country that are Tennessee and also within the proposed northern boundary, follows the Johnson also referred to as ‘‘High Country.’’ AVA, invites guests to ‘‘enjoy the and Grayson County lines, to separate wonders of the Appalachian High the proposed AVA from regions that The petition included evidence that 12 Country.’’ Red Tail Mountain Resort have shallower slope angles and are not the phrase ‘‘High Country’’ applies to and Golf, which is also located in generally referred to as ‘‘High Country.’’ the region of the proposed AVA. Several Mountain City, Tennessee, advertises tourism Web sites that feature the region itself as ‘‘the finest mountain golf in the Distinguishing Features of the proposed AVA include the phrase High Country.’’ 13 Finally, Appalachian The distinguishing features of the ‘‘High Country’’ in their names, Blinds and Closet Company, located in proposed Appalachian High Country including High Country Host,1 High Boone, North Carolina, is advertised as AVA include its topography, climate, Country Journey,2 and GO NC High the ‘‘High Country’s one-stop shop’’ for and soils. Country.3 The High Country Council of
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