[Federal Register Volume 74, Number 59 (Monday, March 30, 2009)]
[Rules and Regulations]
[Pages 14040-14045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7035]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2008-0001; T.D. TTB-74; Re: Notice No. 81]
RIN 1513-AB45


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

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

ACTION: Final rule; Treasury decision.

-----------------------------------------------------------------------

SUMMARY: This Treasury decision establishes the 868-square mile ``Haw 
River Valley'' viticultural area in Alamance, Caswell, Chatham, 
Guilford, Orange, and Rockingham Counties, North Carolina. We designate 
viticultural areas to allow vintners to better describe the origin of 
their wines and to allow consumers to better identify wines they may 
purchase.

DATES: Effective Dates: April 29, 2009.

FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Regulations and Rulings 
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St., 
No.

[[Page 14041]]

158, Petaluma, CA 94952; phone 415-271-1254.

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels, and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the 
regulations promulgated under the FAA Act.
    Part 4 of the TTB regulations (27 CFR part 4) allows the 
establishment of definitive viticultural areas and the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains 
the list of approved viticultural areas.

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries 
of which have been recognized and defined in part 9 of the regulations. 
These designations allow vintners and consumers to attribute a given 
quality, reputation, or other characteristic of a wine made from grapes 
grown in an area to its geographical 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--
    <bullet> Evidence that the proposed viticultural area is locally 
and/or nationally known by the name specified in the petition;
    <bullet> Historical or current evidence that supports setting the 
boundary of the proposed viticultural area as the petition specifies;
    <bullet> Evidence relating to the geographical features, such as 
climate, soils, elevation, and physical features that distinguish the 
proposed viticultural area from surrounding areas;
    <bullet> A description of the specific boundary of the proposed 
viticultural area, based on features found on United States Geological 
Survey (USGS) maps; and
    <bullet> A copy of the appropriate USGS map(s) with the proposed 
viticultural area's boundary prominently marked.

Haw River Valley Petition

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

Name Evidence

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

Boundary Evidence

    According to the petitioner, the boundary of the proposed Haw River 
Valley viticultural area is based on nearly the entirety of the Haw 
River watershed's distinctive underlying geology and soils. The Haw 
River is approximately 110 miles long, and the proposed viticultural 
area includes that portion of the Haw River between Williamsburg and 
Griffins Crossroad, a town located approximately 2.5 miles northwest of 
Everett Jordan Lake. The Haw River headwaters start northwest of

[[Page 14042]]

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

Distinguishing Features

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

[[Page 14043]]

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

 
------------------------------------------------------------------------
                                   Compass direction      Approximate
         Weather station            from Haw River     distance from Haw
                                        Valley           River Valley
------------------------------------------------------------------------
Brookneal, Virginia.............  North.............  84 miles.
Louisburg, North Carolina.......  East..............  52 miles.
Pinehurst, North Carolina.......  South.............  70 miles.
Mocksville, North Carolina......  West..............  50 miles.
------------------------------------------------------------------------

    The air temperatures in the Haw River Valley region are generally 
warmer than those in the area to the north, cooler than those in the 
areas to the south and east, and similar to those in the area to the 
west on the Piedmont Province, the petitioner explains using SRCC data. 
The petitioner also provides, in the table below, the SRCC average 
annual high and low air temperatures, snow accumulation, and rainfall 
for the Haw River Valley and the areas outside the proposed boundary 
line.

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

[[Page 14044]]

 
To the west.......................  70 [deg]F              45.1 [deg]F                       9.9           44.57
----------------------------------------------------------------------------------------------------------------

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

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 81 regarding the proposed Haw River Valley 
viticultural area in the Federal Register (73 FR 16800) on March 31, 
2008. In that notice, TTB invited comments by May 30, 2008, from all 
interested persons. We expressed particular interest in receiving 
comments on whether the proposed area name, Haw River Valley, as well 
as the Haw River name, would result in a conflict with currently used 
brand names. We also solicited comments on the sufficiency and accuracy 
of the name, boundary, climatic, and other required information 
submitted in support of the petition. We received four comments from 
individuals in response to that notice. All four comments supported the 
establishment of the Haw River Valley viticultural area as proposed.

TTB Finding

    After careful review of the petition and the comments received, TTB 
finds that the evidence submitted supports the establishment of the 
proposed viticultural area. Therefore, under the authority of the 
Federal Alcohol Administration Act and part 4 of our regulations, we 
establish the ``Haw River Valley'' viticultural area in Alamance, 
Caswell, Chatham, Guilford, Orange, and Rockingham Counties, North 
Carolina, effective 30 days from the publication date of this document.

Boundary Description

    See the narrative boundary description of the viticultural area in 
the regulatory text published at the end of this document.

Maps

    The maps for determining the boundary of the viticultural area 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. With the establishment of this viticultural area and 
its inclusion in part 9 of the TTB regulations, its name, ``Haw River 
Valley,'' is recognized under 27 CFR 4.39(i)(3) as a name of 
viticultural significance. The text of the new regulation clarifies 
this point. In addition, with the establishment of the Haw River Valley 
viticultural area, the name ``Haw River'' standing alone will be 
considered a term of viticultural significance. Consumers and vintners 
could reasonably attribute the quality, reputation, or other 
characteristic of wine made from grapes grown in the proposed Haw River 
Valley viticultural area to the name Haw River itself. A name also has 
viticultural significance when so determined by a TTB officer (see 27 
CFR 4.39(i)(3)). Therefore, the proposed part 9 regulatory text set 
forth in this document specifies both ``Haw River Valley'' and ``Haw 
River'' as terms of viticultural significance for purposes of part 4 of 
the TTB regulations.
    Once this final rule becomes effective, wine bottlers using ``Haw 
River Valley'' or ``Haw River'' in a brand name, including a trademark, 
or in another label reference as to the origin of the wine, will have 
to ensure that the product is eligible to use the viticultural area's 
full name, ``Haw River Valley,'' as an appellation of origin.
    For a wine to be labeled with a viticultural area name or with a 
brand name that includes a viticultural area name or other term 
identified as being viticulturally significant in part 9 of the TTB 
regulations, at least 85 percent of the wine must be derived from 
grapes grown within the area represented by that name or other term, 
and the wine must meet the other conditions listed in 27 CFR 
4.25(e)(3). If the wine is not eligible for labeling with the 
viticultural area name or other viticulturally significant term and 
that name or term appears in the brand name, then the label is not in 
compliance and the bottler must change the brand name and obtain 
approval of a new label. Similarly, if the viticultural area name or 
other viticulturally significant term appears in another reference on 
the label in a misleading manner, the bottler would have to obtain 
approval of a new label. Accordingly, if a previously approved label 
uses the name ``Haw River Valley'' or ``Haw River'' for a wine that 
does not meet the 85 percent standard, the previously approved label 
will be subject to revocation upon the effective date of the 
establishment of the Haw River Valley viticultural area.
    Different rules apply if a wine has a brand name containing a 
viticultural area name or other term of viticultural significance that 
was used as a brand name on a label approved before July 7, 1986. See 
27 CFR 4.39(i)(2) for details.

Regulatory Flexibility Act

    We certify that this regulation will not have a significant 
economic impact on a substantial number of small entities. This 
regulation imposes no new reporting, recordkeeping, or other 
administrative requirement. Any benefit derived from the use of a 
viticultural area name is 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 rule is not a significant regulatory action as defined by 
Executive Order 12866. Therefore, it requires no regulatory assessment.

Drafting Information

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

List of Subjects in 27 CFR Part 9

    Wine.

[[Page 14045]]

The Regulatory Amendment

0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1, 
part 9, 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. Amend subpart C by adding Sec.  9.214 to read as follows:


Sec.  9.214  Haw River Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Haw River Valley''. For purposes of part 4 of this 
chapter, ``Haw River Valley'' and ``Haw River'' are terms of 
viticultural significance.
    (b) Approved maps. The two United States Geological Survey 
1:100,000-scale metric topographic maps used to determine the boundary 
of the Haw River Valley viticultural area are titled:
    (1) Greensboro, North Carolina, 1984; and
    (2) Chapel Hill, North Carolina, 1984.
    (c) Boundary. The Haw River Valley viticultural area is located in 
all of Alamance County and portions of Caswell, Chatham, Guilford, 
Orange, and Rockingham Counties. The boundary of the Haw River Valley 
viticultural area is as described below:
    (1) Begin at a point on the Greensboro map at the intersection of 
the Caswell and Orange Counties boundary line with Lynch Creek, 
southeast of Corbett and the Corbett Ridge, and then proceed in a 
straight line southeast 2 miles to the intersection of North Carolina 
State Highway 49 and an unnamed, light-duty road, known locally as 
McCulloch Road, located approximately 1 mile northeast of Carr, in west 
Orange County; then
    (2) Proceed in a straight line south-southwest 11.9 miles, crossing 
over U.S. Interstate 85, to Buckhorn at Turkey Hill Creek in west 
Orange County; then
    (3) Proceed in a straight line southeast 5.2 miles, crossing onto 
the Chapel Hill map, to its intersection with Dodsons Crossroad and an 
unnamed, light-duty road that runs generally north-northeast-south-
southwest in west Orange County; then
    (4) Proceed south-southwest on the unnamed, light-duty road 3.4 
miles to its intersection with North Carolina State Highway 54, also 
known as Star Route 54, east of White Cross in west Orange County; then
    (5) Proceed southeast in a straight line 14.1 miles, crossing over 
Terrells Mountain, Wilkinson Creek and several of its eastern 
tributaries, and U.S. Route 15-501, until the line intersects with an 
unnamed road, known locally as Gilead Church Road, and U.S. Route 64 at 
Griffins Crossroads in Chatham County; then
    (6) Proceed generally west along U.S. Route 64 approximately 20.7 
miles to its intersection with U.S. Route 421 in Siler City, Chatham 
County; then
    (7) Proceed generally northwest on U.S. Route 421 approximately 5.6 
miles to its intersection with the Randolph County line, southeast of 
Staley; then
    (8) Proceed straight north along the Randolph County line 7.4 miles 
to its intersection with the Guilford County line; then
    (9) Proceed straight west along the Randolph County line 5.8 miles 
to its intersection with U.S. Route 421; then
    (10) Proceed in a straight line north-northwest 20.5 miles, 
crossing onto the Greensboro map, to its intersection with U.S. Route 
29 and North Carolina State Highway 150, between Browns Summit and 
Monticello in Guilford County; then
    (11) Proceed generally east and north on North Carolina State 
Highway 150 approximately 4.3 miles to its intersection with North 
Carolina State Highway 87, east-northeast of Williamsburg in southeast 
Rockingham County; then
    (12) Proceed in a straight line east-northeast 8.3 miles, crossing 
over the Caswell County line to a point at the intersection of the 236-
meter elevation line, as marked on the map, and an unnamed road, known 
locally as Cherry Grove Road; then
    (13) Proceed east and southeast along the unnamed road, known 
locally as Cherry Grove Road, 5 miles to its intersection with North 
Carolina State Highway 62 at Jericho in Caswell County; then
    (14) Proceed generally southeast on North Carolina State Highway 62 
approximately 1.8 miles to its intersection with an unnamed road, known 
locally as Bayne's Road at Anderson in Caswell County; then
    (15) Proceed generally east on the unnamed road known locally as 
Baynes Road 2 miles to its intersection with North Carolina State 
Highway 119 at Baynes in Caswell County; then
    (16) Proceed generally south-southeast along North Carolina State 
Highway 119 approximately 1.7 miles to its intersection with the 
Caswell County line; then
    (17) Proceed straight east along the Caswell County line 4.3 miles 
to the beginning point.

    Signed: January 23, 2009.
John J. Manfreda,
Administrator.
    Approved: February 17, 2009.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. E9-7035 Filed 3-27-09; 8:45 am]
BILLING CODE 4810-31-P