[Federal Register: September 12, 2006 (Volume 71, Number 176)]
[Proposed Rules]
[Page 53612-53616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se06-19]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 63]
RIN 1513-AB20
Proposed Establishment of the Swan Creek Viticultural Area
(2005R-414P)
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 96,000-acre Swan Creek viticultural area in Wilkes,
Yadkin, and Iredell 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 November 13, 2006.
ADDRESSES: You may send comments to any of the following addresses:
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 63, P.O. Box 14412,
Washington, DC 20044-4412.
202-927-8525 (facsimile).
nprm@ttb.gov (e-mail).
http://www.ttb.gov/wine/wine_rulemaking.shtml. An online
comment form is posted with this notice on our Web site.
http://www.regulations.gov (Federal e-rulemaking portal;
follow instructions for submitting comments).
You may view copies of this notice, the petition, the appropriate
maps, 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. You may also access
copies of the notice and comments online at http://www.ttb.gov/wine/wine_rulemaking.shtml
.
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.
FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville
Street, No. 158, Petaluma, CA 94952; telephone 415-271-1254.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide consumers with adequate information regarding product identity
and prohibits the use of misleading information on those labels. The
FAA Act also authorizes the Secretary of the Treasury to issue
regulations to carry out its provisions. The Alcohol and Tobacco Tax
and Trade Bureau (TTB) administers these regulations.
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 geographic 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 geographical features, such as
climate,
[[Page 53613]]
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.
Swan Creek Petition
Raffaldini Vineyards submitted a petition to establish the 96,000-
acre ``Swan Creek'' viticultural area on behalf of the Vineyards of
Swan Creek, a trade association representing a group of vineyards and
wineries in northwest North Carolina. Within the boundary of the
proposed viticulture area are 3 wineries and 75 acres of vineyards. The
boundary of the proposed viticultural area incorporates portions of
Wilkes, Yadkin, and Iredell Counties and includes a portion of the
established Yadkin Valley viticultural area (27 CFR 9.174). We
summarize below the evidence submitted in support of the petition.
Name and Boundary Evidence
The petitioner explains that the geographical name ``Swan Creek''
refers to a village in the approximate center of the proposed
viticultural area, as well as two streams located near the village,
East Swan Creek and West Swan Creek, which are depicted in the
southwest portion of the 1:100,000-scale USGS Winston-Salem, North
Carolina topographic map. The USGS map shows Swan Creek village in the
Brushy Mountains, with the two creeks running north from the mountain
elevations to the Yadkin River. Also, an undated State of North
Carolina Department of Environment, Health, and Natural Resources
document lists Swan Creek, West Swan Creek, and East Swan Creek as
streams in the Yadkin-Pee Dee River Basin.
The DeLorme North Carolina Atlas and Gazetteer identifies the
village as ``Swancreek,'' with East Swan Creek and West Swan Creek to
its northwest. The petitioner explains that both names, ``Swan Creek''
and ``Swancreek,'' reference the proposed viticultural area region.
However, the two-word spelling is the more common usage for businesses,
roads, creeks, and historical documents, which led the petitioner to
identify the proposed viticultural area as ``Swan Creek.''
The local Wilkes Telephone Membership Corp. telephone book, which
covers the region that includes the proposed viticultural area, lists
an airport, church, and three businesses using ``Swan Creek'' in their
names. A search of the North Carolina Department of the Secretary of
State's Web site (http://www.secretary.state.nc.us/Corporations/ThePage.aspx
) lists eight businesses currently operating with ``Swan
Creek'' in their names.
As further evidence of the significance of the ``Swan Creek'' name
within the proposed area, the September 7, 2004, minutes of a Yadkin
County Commission meeting includes a reference to the Swan Creek area
and improvements to Swan Creek Road. Additionally, a National Weather
Service bulletin from January 13, 2005, warns of the possibility of a
tornado in the Swan Creek area. The name is also repeatedly used in the
``Vineyards of Swan Creek Wine Trail'' Web site (http://www.swancreekvineyards.com
).
The petitioner relies on geographical and man-made elements
identifiable on the supplied USGS maps to define and draw the boundary
for the proposed viticultural area. Climate data and historic evidence
that documents the breadth of the ``Swan Creek'' name also legitimize
the proposed boundary line, according to the petitioner.
From the regional history of the Yadkin Valley, the petitioner
connects the ``Swan Creek'' name to stories of Revolutionary War
soldiers traveling along the proposed Swan Creek viticultural area
northern boundary line at the Yadkin River, en route to the pivotal
battle at King's Mountain in South Carolina. Also, during the Civil
War, Union Major General George Stoneman led troops eastward through
Swan Creek to Virginia. Historic manuscripts also maintain that
frontiersman Daniel Boone homesteaded in the Swan Creek region in the
1750's.
After the Civil War, the Swan Creek area turned to farming, which
continues to characterize this rural region despite the urban
development in other portions of the Yadkin Valley viticultural area.
Today, agriculture in the Swan Creek region includes viticulture, with
75 acres within the proposed Swan Creek viticultural area currently
dedicated to grape growing, according to the petition.
The geology of the Swan Creek region, along with its minor climatic
variation, also creates distinguishing viticultural features upon which
to base boundary distinctions. The entire proposed Swan Creek
viticultural area lies within the Yadkin River Basin. The general
uniformity in the Swan Creek region's soils is attributable to the
natural weathering process of the Brushy Mountains and the Brevard
Shear Zone, a major fault system that also defines the Blue Ridge
Escarpment in the area. The homogeneous soil within the proposed
viticultural area is unlike the varied soils and rock types found in
other parts of the Yadkin Valley viticultural area.
The proposed Swan Creek viticultural area boundary overlaps the
established Yadkin Valley viticultural area as shown in the table
below.
------------------------------------------------------------------------
Overlapping Percent
Viticultural areas Total acres acres overlapping
------------------------------------------------------------------------
Yadkin Valley.................... 1,416,000 57,600 4
Swan Creek (Proposed)............ 96,000 57,600 60
------------------------------------------------------------------------
The northern 60 percent of the proposed Swan Creek viticultural
area sits within the Yadkin Valley viticultural area, with the
remaining 40 percent south of the Yadkin Valley viticultural area
boundary line, according to the petition maps.
The discussion below includes further substantive evidence on the
differences between the Yadkin Valley viticultural area and the
proposed Swan Creek viticultural area, which, according to the
petitioner, justifies the proposed boundary line.
Distinguishing Features
Situated in the moderate elevations of the Brushy Mountains, and
bordering the Yadkin River, the proposed Swan Creek viticultural area's
geographical location is responsible for the area's temperate climate
and homogenous soil as compared to surrounding areas, according to the
petitioner.
Topography
The Brushy Mountains run through the center of the Swan Creek
region, with elevations in the proposed Swan Creek viticultural area
varying between 1,000 feet and 2,000 feet, according to the USGS maps
submitted with the petition. The Brushy Mountains, within
[[Page 53614]]
the proposed viticultural area, have elevations lower than the Blue
Ridge Mountains to the west but higher than the other surrounding
areas, according to the USGS maps. The Blue Ridge Mountain region to
the immediate west of the proposed boundary line rises to elevations of
from 3,000 feet to 5,000 feet. To the east and south of the proposed
viticultural area, the elevation drops to between 500 feet and 1,000
feet.
Climate
Both the Yadkin River running adjacent to the proposed Swan Creek
viticultural area's northern boundary line and the Brushy Mountains
that lie within the proposed viticultural area boundary serve as
climatically moderating influences.
The Swan Creek region has an average annual high temperature of
68.9 [deg]F and an average annual low temperature of 42.8 [deg]F. The
table below shows the contrasting temperatures in the regions beyond
the proposed boundary line, as collected by the Southeast Regional
Climate Center (SERCC) of the National Climatic Data Center.
------------------------------------------------------------------------
Average annual Average annual
maximum minimum
Region temperature in temperature in
degrees degrees
Fahrenheit Fahrenheit
------------------------------------------------------------------------
Swan Creek.......................... 68.9 42.8
West and northwest.................. 59.8 40.4
South and east...................... 70.6 46.6
Yadkin Valley....................... 69.5 44.8
------------------------------------------------------------------------
The SERCC data shows that the Swan Creek area is generally warmer
than the regions to the west and northwest, cooler than the regions to
the south and east, and slightly cooler than the Yadkin Valley as a
whole. Also, average January temperatures of 20 [deg]F to 25 [deg]F
make the Swan Creek region less prone to Pierce's Disease, which
adversely affects vineyards, than the majority of the Yadkin Valley
viticultural area.
The proposed Swan Creek viticultural area averages 3,576 degree
days of heat accumulation annually, which puts it in climatic region
IV, according to temperature data collected by the SERCC. (As a measure
of heat accumulation, each degree that a day's mean temperature is
above 50 [deg]47F, which is the minimum temperature required for
grapevine growth, is counted as one degree day; see ``General
Viticulture,'' Albert J. Winkler, University of California Press,
1975.) The surrounding areas, based on Amerine and Winkler heat
summation definitions, include climatic regions IV and V to the east,
region V to the south, and region I to the west-northwest.
The frost-free season of the proposed Swan Creek viticultural area
extends on average from April 19 to October 17 annually, according to
the ``Average Last Spring Frost Dates for Selected North Carolina
Locations,'' horticulture information leaflets (published December 1996
and revised December 1998), by Katharine Perry, North Carolina State
University. According to the petition, this frost-free season is nearly
identical to Surry County, which is part of the Yadkin Valley
viticultural area located immediately northeast of the proposed Swan
Creek viticultural area. However, southeast of the proposed
viticultural area, but also within the Yadkin Valley viticultural area,
the Davidson County frost-free season averages from March 31 to October
31, resulting in a month less frost than in the proposed Swan Creek
viticultural area. The frost-free season in counties outside the Yadkin
Valley viticultural area and the proposed Swan Creek viticultural area
varies, extending three weeks longer to the east, but lasting four to
six weeks less in regions to the west and northwest.
In addition, the growing season of the proposed Swan Creek
viticultural area averages 170 to 190 days annually, according to
Perry's ``Average Growing Seasons for Selected North Carolina
Locations,'' horticulture information leaflets (published December 1996
and revised December 1998). Again, this growing season is almost
identical to the county immediately northeast, located within the
Yadkin Valley viticultural area. However, according to Perry's data,
Davidson County averages a 214-day growing season annually, or between
24 and 44 more growing days than the proposed Swan Creek viticultural
area. Similarly, the petition shows that Guilford County to the east
has an annual growing season of between 199 and 210 days. Counties to
the west and northwest of the Swan Creek region have a significantly
shorter growing season, lasting an average of 139 to 162 days.
Precipitation
The petitioner attributes the moderate rainfall within the proposed
viticultural area to the protective influence of the Brushy Mountains.
Rainfall within the proposed Swan Creek viticultural area averages 48.6
inches annually, based on SERCC data, with the local grape growers
surveyed by the petitioner recording less rainfall at their own weather
stations. The areas to the west and northwest of the proposed
viticultural area average 57 inches each year, while regions to the
south and east average 44.4 inches of rain annually.
Furthermore, snowfall within the proposed Swan Creek viticultural
area averages 6.3 inches annually, based on SERCC records, which is far
less than the data recorded at weather stations in surrounding areas.
Geology
The geology of the proposed Swan Creek viticultural area, with
documentation and evidence provided for the petition by Matthew
Mayberry of the Mayberry Land Company, Elkin, North Carolina, is shaped
by plate tectonics and a spectrum of uplift and erosion for the entire
Appalachian Mountains building cycle. The Swan Creek region is part of
the larger Appalachian Mountain Range area that has gone through at
least three cycles of uplift and erosion, with each cycle lasting
around 300 million years. Also, the weathering and erosion cycles
created the resulting Piedmont and Blue Ridge surfaces found in the
proposed viticultural area today.
Mr. Mayberry explains that the four predominant rock types in the
proposed viticultural area are Henderson Gneiss, Granite, Biotite
Gneiss and Biotite Amphibolite Gneiss, and Sillimanite Mica Schist.
These types make up more than 90 percent of the Swan Creek area, with
the latter three composing about 80 percent of the southern part of the
area. Along the proposed north boundary line at the Yadkin River the
predominant rock types include Ashe Formation, Utramafics, and Granitic
Rocks of the Crossnore Group.
[[Page 53615]]
Soil
The soil information in the Swan Creek viticultural area petition
is compiled from the published soil surveys of Wilkes, Yadkin, and
Iredell Counties in North Carolina. Roy Mathis, Soil Specialist for
Correlations, Natural Resources Conservation Service, United States
Department of Agriculture, provided the soil information included in
the petition.
The areas surrounding the proposed Swan Creek viticultural area
have soils with differing characteristics, Mr. Mathis explains. The
areas to the south and east have high shrink-swell clayey soils, which
are less desirable for agriculture. To the west and north are the
mountainous rocks and soils of the encroaching Blue Ridge Mountains.
Also, the Yadkin Valley viticultural area, which surrounds the proposed
Swan Creek viticultural area to the west, north, and east, has a
greater variety of soil types and temperature regimes.
The proposed Swan Creek viticultural area mesic temperature regime
has soil temperatures of 47 [deg]F to 59 [deg]F at the depth of 20
inches, according to Mr. Mathis. In comparison, the Yadkin Valley
viticultural area is in both the mesic and thermic temperature regimes,
with soil temperatures much warmer at 59 [deg]F to 72 [deg]F at the
same soil depth.
Mr. Mathis explains that the soils in the proposed Swan Creek
viticultural area are primarily saprolite, a soft, clay-rich soil
derived from weathered felsic (acidic) metamorphic rocks of the Inner
Piedmont Belt such as granites, schists, and gneisses. The region
includes a small area of Sauratown Belt with the rocks being primarily
metagraywacke. In contrast, the surrounding west and north areas
include residuum (saprolite) weathered from felsic metamorphic rocks
such as gneisses, schists, and phyllites of the Blue Ridge Geologic
Belt and Smith River Allochothon. The saprolite in the surrounding area
to the east is composed of weathered igneous intrusive rocks like
granites, gabbros, and diorites, as well as some gneisses and schists
of the Charlotte Belt.
Evard and Cowee soils, which have moderate permeability and are
well-drained with a loamy surface and sub-soil layer, predominate in
the Brushy Mountains. Yet the dominant ridge top soils of the proposed
Swan Creek viticultural area include the Fairview and Clifford series.
These soils have sandy clay loam or clay loam surface layers with red
clayey sub-soils, and are well-drained with moderate permeability.
Rhodhiss series is the dominant soil on the steep side slopes
within the proposed viticultural area boundary. This well-drained soil
has a loamy surface and moderate permeability at the sub-soil level.
Mr. Mathis notes that Fairview, Clifford, and Rhodhiss soils all have
bedrock deeper than 60 inches.
The Yadkin River, at the northern boundary of the proposed Swan
Creek viticultural area, has alluvial soil diversity with textures and
drainage. In general, most of the proposed Swan Creek viticultural area
soils are acidic and low in natural fertility.
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, ``Swan Creek,'' will be recognized under 27 CFR 4.39(i)(3) as a
name of viticultural significance. The text of the new regulation would
clarify this point. Consequently, wine bottlers using ``Swan Creek'' 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 name as an appellation of
origin. On the other hand, we do not believe that any single part of
the proposed viticultural area name standing alone would have
viticultural significance if the new area is established. Accordingly,
the proposed part 9 regulatory text set forth in this document
specifies only the full ``Swan Creek'' name as a term of viticultural
significance for purposes of part 4 of the TTB regulations.
For a wine to be eligible to use as an appellation of origin a
viticultural area name or other term specified 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 to use the
viticultural area name or other term as an appellation of origin 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 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 new label or a previously approved label uses the
name ``Swan Creek'' for a wine that does not meet the 85 percent
standard, the new label will not be approved, and the previously
approved label will be subject to revocation, upon the effective date
of the approval of the Swan Creek viticultural area.
Different rules apply if a wine has a brand name containing a
viticultural area name or other viticulturally significant term 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 also
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, 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 Swan Creek viticultural area on brand labels that include the
words ``Swan Creek'' 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 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
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 any conflicts,
for example by adopting a modified or different name for the
viticultural area.
Although TTB believes that only the full ``Swan Creek'' name should
be considered to have viticultural significance upon establishment of
the proposed new viticultural area, we also invite comments from those
who believe that ``Swan'' standing alone would have viticultural
significance upon establishment of the area. Comments in this regard
should include documentation or other information
[[Page 53616]]
supporting the conclusion that use of the word ``Swan'' on a wine label
could cause consumers and vintners to attribute to the wine in question
the quality, reputation, or other characteristic of wine made from
grapes grown in the proposed Swan Creek viticultural area.
Submitting Comments
Please submit your comments by the closing date shown above in this
notice. Your comments must include this notice number and your name and
mailing address. Your comments must be legible and written in language
acceptable for public disclosure. We do not acknowledge receipt of
comments, and we consider all comments as originals. You may submit
comments in one of five ways:
Mail: You may send written comments to TTB at the address
listed in the ADDRESSES section.
Facsimile: You may submit comments by facsimile
transmission to 202-927-8525. Faxed comments must--
(1) Be on 8.5- by 11-inch paper;
(2) Contain a legible, written signature; and
(3) Be no more than five pages long. This limitation assures
electronic access to our equipment. We will not accept faxed comments
that exceed five pages.
E-mail: You may e-mail comments to nprm@ttb.gov. Comments
transmitted by electronic mail must--
(1) Contain your e-mail address;
(2) Reference this notice number on the subject line; and
(3) Be legible when printed on 8.5- by 11-inch paper.
Online form: We provide a comment form with the online
copy of this notice on our Web site at http://www.ttb.gov/wine/wine_rulemaking.shtml.
Select the ``Send comments via e-mail'' link under
this notice number.
Federal e-rulemaking portal: To submit comments to us via
the Federal e-rulemaking portal, visit http://www.regulations.gov and
follow the instructions for submitting comments.
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 material is part of the public record and subject to
disclosure. Do not enclose any material in your comments that you
consider confidential or inappropriate for public disclosure.
Public Disclosure
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive by appointment at the TTB Information
Resource Center at 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.
We will post this notice and any comments we receive on this
proposal on the TTB Web site. All name and address information
submitted with the comments will be posted, including e-mail addresses.
We may omit voluminous attachments or material that we consider
unsuitable for posting. In all cases, the full comment will be
available in the TTB Information Resource Center. To access the online
copies of this notice and the submitted comments, visit http://www.ttb.gov/wine/wine_rulemaking.shtml.
Select the ``View Comments''
link under this notice number to view the posted comments.
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, 58 FR 51735. 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 27
CFR, chapter 1, part 9, 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. Subpart C is amended by adding Sec. 9.------ to read as
follows:
Sec. 9.---- Swan Creek.
(a) Name. The name of the viticultural area described in this
section is ``Swan Creek''. For purposes of part 4 of this chapter,
``Swan Creek'' is a term of viticultural significance.
(b) Approved maps. The appropriate maps for determining the
boundary of the Swan Creek viticultural area are three United States
Geological Survey, 1:100,000 scale, topographic maps. They are titled:
(1) Winston-Salem, North Carolina, 1984, photoinspected 1982;
(2) Boone, North Carolina-Tennessee, 1985; and
(3) Salisbury, North Carolina, 1985, photoinspected 1983.
(c) Boundary. The Swan Creek viticultural area is located in
Wilkes, Yadkin, and Iredell Counties, North Carolina. The boundary of
the Swan Creek viticultural area is described below:
(1) The beginning point is on the Winston-Salem, North Carolina map
at the intersection of the Yadkin River and U.S. Highway 21, along the
Surry-Yadkin county line, between Elkin and Jonesville;
(2) From the beginning point, proceed 24.6 miles generally south on
U.S. Highway 21, crossing onto the Salisbury, North Carolina map, to
the intersection of U.S. Highway 21 with Rocky Creek at Turnersburg;
(3) Proceed 12.3 miles generally north and west along Rocky Creek,
returning to the Winston-Salem map, to the intersection of Rocky Creek
with State Highway 115 at New Hope in the southwest corner of the map;
(4) Proceed 15.5 miles generally northwest along State Highway 115,
crossing onto the Boone, North Carolina-Tennessee map, to the
intersection of State Highway 115 and the Yadkin River, at North
Wilkesboro; and
(5) Proceed 16.7 miles generally east-northeast along the Yadkin
River, crossing onto the Winston-Salem map, to the beginning point.
Signed: August 1, 2006.
John J. Manfreda,
Administrator.
[FR Doc. E6-14918 Filed 9-11-06; 8:45 am]
BILLING CODE 4810-31-P