81 FR 74677 - Establishment of the Appalachian High Country Viticultural Area

DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau

Federal Register Volume 81, Issue 208 (October 27, 2016)

The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 2,400-square mile ``Appalachian High Country'' viticultural area in all or portions of the following counties: Alleghany, Ashe, Avery, Mitchell, and Watauga Counties in North Carolina; Carter and Johnson Counties in Tennessee; and Grayson County in Virginia. The viticultural area is not located within any other 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.

[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Rules and Regulations]
[Pages 74677-74681]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25970]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2016-0003; T.D. TTB-144; Ref: Notice No. 158]
RIN 1513-AC25


Establishment of the Appalachian High Country 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 2,400-square mile ``Appalachian High Country'' 
viticultural area in all or portions of the following counties: 
Alleghany, Ashe, Avery, Mitchell, and Watauga Counties in North 
Carolina; Carter and Johnson Counties in Tennessee; and Grayson County 
in Virginia. The viticultural area is not located within any other 
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 November 28, 2016.

FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW., Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act 
pursuant to section 1111(d) of the Homeland Security Act of 2002, 
codified at 6 U.S.C. 531(d). The Secretary has delegated various 
authorities through Treasury Department Order 120-01, dated December 
10, 2013 (superseding

[[Page 74678]]

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 TTB to 
establish definitive viticultural areas and regulate 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.

Appalachian High Country Petition

    TTB received a petition from Johnnie James, owner of Bethel Valley 
Farms, on behalf of members of the High Country Wine Growers 
Association, proposing the establishment of the ``Appalachian High 
Country'' AVA. The proposed AVA covers approximately 2,400-square miles 
in all or portions of Alleghany, Ashe, Avery, Mitchell, and Watauga 
Counties in North Carolina, Carter and Johnson Counties in Tennessee, 
and Grayson County in Virginia. There are 21 commercially-producing 
vineyards covering a total of approximately 71 acres distributed 
throughout the proposed AVA, along with 10 wineries. According to the 
petition, an additional 8 vineyards comprising approximately 37 acres 
are planned in the near future. The proposed Appalachian High Country 
AVA is not located within any established AVA. According to the 
petition, the distinguishing features of the proposed Appalachian High 
Country AVA are its topography, climate, and soils.
    The topography of the proposed AVA, which is located within the 
Appalachian Mountains, is characterized by high elevations and steep 
slopes. Elevations within the proposed AVA range from 1,338 feet to 
over 6,000 feet, and most vineyards are planted at elevations between 
2,290 and 4,630 feet. The high elevations expose vineyards within the 
proposed AVA to high amounts of solar irradiance, which promotes grape 
maturation and compensates for low temperatures and a short growing 
season. The average slope angle within the proposed AVA is 35.9 
degrees, and most vineyards are planted on slopes with angles of 30 
degrees or greater. Because of the steep slopes, many of the vineyards 
within the proposed AVA are terraced to prevent erosion, and most of 
the vineyards' work is done by hand rather than by machinery. The 
regions surrounding the proposed AVA all have lower average elevations 
as well as smaller average slope angles, except for the region to the 
southwest of the proposed AVA, which has a slightly greater average 
slope angle.
    The proposed Appalachian High Country AVA is also characterized by 
a cool climate and a short growing season. The average annual 
temperature within the proposed AVA is 51.5 degrees Fahrenheit. The 
proposed AVA accumulates an average of 2,635 growing degree days during 
the growing season, which is approximately 139 days long. Because of 
the cool climate and short growing season, the proposed AVA is suitable 
for growing cold-hardy grape varietals such as Marquette, Vidal Blanc, 
and Frontenac, which do not have a lengthy maturation time. By 
contrast, the regions surrounding the proposed AVA have warmer 
temperatures, longer growing seasons, and higher growing degree 
accumulations, making these regions more suitable for growing grape 
varietals that require warmer temperatures and a longer maturation 
time.
    The soils of the proposed Appalachian High Country AVA are derived 
from igneous and metamorphic rocks such as granite and gneiss. All of 
the common soil series within the proposed AVA are described as deep, 
well-drained soils with a fine, loamy texture. The well-drained soils 
help reduce the risk of rot and fungus in the grapevines. Organic 
matter comprises up to 14 percent of the soils within the proposed AVA, 
providing an excellent source of nutrients for vineyards. The most 
prevalent soil series is the Tusquitee-Edneyville series, which covers 
approximately 24 percent of the proposed AVA. By contrast, in the 
surrounding regions, other soil series are more prominent. To the 
northeast of the proposed AVA, the Hayesville series is the most common 
soil series, and the Frederick-Carbo soil series is most commonly found 
in the region northwest of the proposed AVA. Southeast of the proposed 
AVA, the dominant soil series is the Hiwassee-Cecil association, and 
the Chester-Ashe series is the most common soil series to the southwest 
of the proposed AVA.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 158 in the Federal Register on May 3, 2016 
(81 FR 26507), proposing to establish the Appalachian High Country 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 features of 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. 158.

[[Page 74679]]

    In Notice No. 158, 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 July 5, 2016. TTB received a 
total of 68 comments in response to Notice No. 158. During the comment 
period, TTB received 67 comments, including comments from local winery 
and vineyard owners, local residents, the president of the Tennessee 
Farm Winegrowers Alliance, officers from the University of Tennessee 
and the North Carolina State University Agricultural Extension Offices, 
the mayor of Johnson City (TN), the Johnson County (TN) Tourism 
Committee, the Johnson County Chamber of Commerce, the Appalachian 
Region Wine Growers Association, the Carter County (TN) Tourism 
Association, the Elizabethton (TN) Planning and Economic Development 
Department, a former mayor of Elizabethton, a former Tennessee State 
Representative, and the owner and publisher of the Carolina Mountain 
Life magazine. After the comment period closed, TTB received an 
additional letter of support signed by two U.S. Representatives from 
North Carolina, a Representative from Virginia, and a Representative 
from Tennessee. Sixty-seven of the 68 total comments received supported 
the proposed AVA, with many commenters stating their belief that an AVA 
designation could promote economic growth in their communities.
    One comment opposed the proposed Appalachian High Country AVA. The 
commenter, a neighbor of one of the vineyards in the proposed AVA, 
states that the vineyard owner frequently uses a propane cannon to 
deter birds and other wildlife from eating the grapes. The commenter 
asserts that the noise from the cannon affects her ability to enjoy her 
property and that the vineyard owner has refused requests from 
neighbors to use alternate wildlife deterrent methods such as netting. 
The commenter states her belief that approval of the proposed AVA would 
encourage the development of new vineyards that might also use propane 
cannons. The commenter states that she cannot support the establishment 
of the proposed AVA unless TTB prohibits vineyard owners in the AVA 
from using propane cannons within a mile of other residences.
    The prohibition or restriction of the use of wildlife deterrent 
devices is outside the scope of TTB's authority. The use of such 
devices by current or future vineyard owners is not related to the 
name, boundaries, or distinguishing features of the proposed area and, 
as a result, is not a factor for TTB's consideration in the 
establishment of a proposed AVA.

TTB Determination

    After careful review of the petition and the comments received, TTB 
finds that the evidence provided by the petitioner supports the 
establishment of the Appalachian High Country 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 ``Appalachian High Country'' AVA in portions of North Carolina, 
Tennessee, and Virginia, effective 30 days from the publication date of 
this document.

Boundary Description

    See the narrative description of the boundary of the 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 Sec.  
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, ``Appalachian High 
Country,'' will be recognized as a name of viticultural significance 
under Sec.  4.39(i)(3). The text of the regulation clarifies this 
point. Consequently, wine bottlers using the name ``Appalachian High 
Country'' 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.
    The establishment of the Appalachian High Country AVA will not 
affect any existing AVA. The establishment of the Appalachian High 
Country AVA will allow vintners to use ``Appalachian High Country'' as 
an appellation of origin for wines made primarily from grapes grown 
within the Appalachian High Country 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

    Karen A. Thornton 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. Subpart C is amended by adding Sec.  9.260 to read as follows:


Sec.  9.260  Appalachian High Country.

    (a) Name. The name of the viticultural area described in this 
section is ``Appalachian High Country''. For purposes of part 4 of this 
chapter, ``Appalachian High Country'' is a term of viticultural 
significance.

[[Page 74680]]

    (b) Approved maps. The 46 United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Appalachian High Country viticultural area are titled:
    (1) Unicoi, Tenn.-N.C, 1939; photorevised 1978;
    (2) Iron Mountain Gap, Tenn.-N.C., 1960; photorevised 1968;
    (3) Johnson City, Tenn., 1959; photorevised 1968;
    (4) Elizabethton, Tenn., 1959; photorevised 1968;
    (5) Watauga Dam, Tenn., 1960;
    (6) Carter, Tenn., 1938; photorevised 1969;
    (7) Keenburg, Tenn., 1960;
    (8) Doe, Tenn., 1938; photorevised 1969;
    (9) Shady Valley, Tenn.-VA., 1960; photorevised 1970; 
photoinspected 1988;
    (10) Laurel Bloomery, Tenn.-VA., 1938; photorevised 1969;
    (11) Grayson, Tenn.-N.C.-VA., 1959; photoinspected 1976;
    (12) Park, N.C.-VA., 1959; photorevised 1978;
    (13) Whitetop Mountain, VA., 1959; photorevised 1978;
    (14) Trout Dale, VA., 1959; photorevised 1978; photoinspected 1988;
    (15) Middle Fox Creek, VA., 1959; photoinspected 1988;
    (16) Cedar Springs, VA., 1959; photorevised 1978; photoinspected 
1988;
    (17) Speedwell, VA., 1968; photorevised 1979;
    (18) Cripple Creek, VA., 1968; photoinspected 1988;
    (19) Austinville, VA., 1965; photorevised 1979; photoinspected 
1982;
    (20) Galax, VA., 1965; photorevised 1984;
    (21) Cumberland Knob, N.C.-VA., 1965; photorevised 1977;
    (22) Lambsburg, VA.-N.C., 1965; photorevised 1977;
    (23) Roaring Gap, N.C., 1971;
    (24) Glade Valley, N.C., 1968;
    (25) Traphill, N.C., 1968;
    (26) Whitehead, N.C., 1968;
    (27) McGrady, N.C., 1968; photoinspected 1984;
    (28) Horse Gap, N.C., 1968;
    (29) Laurel Springs, N.C., 1968;
    (30) Glendale Springs, N.C., 1967;
    (31) Maple Springs, N.C., 1966;
    (32) Deep Gap, N.C., 1967;
    (33) Buffalo Cove, N.C., 1967;
    (34) Globe, N.C., 1959;
    (35) Grandfather Mountain, N.C., 1960; photorevised 1978;
    (36) Newland, N.C., 1960; photorevised 1978;
    (37) Linville Falls, N.C., 1994;
    (38) Ashford, N.C., 1994;
    (39) Little Switzerland, N.C., 1994;
    (40) Spruce Pine, N.C., 1994;
    (41) Celo, N.C., 1994;
    (42) Micaville, N.C., 1960; photorevised 1978;
    (43) Bakersville, N.C.,-Tenn., 1960; photorevised 1978;
    (44) Burnsville, N.C., 1998;
    (45) Huntdale, N.C.-Tenn., 1939; and
    (46) Chestoa, Tenn.-N.C., 1939; photorevised 1978.
    (c) Boundary. The Appalachian High Country viticultural area is 
located in all or portions of Alleghany, Ashe, Avery, Mitchell, and 
Watauga Counties in North Carolina; Carter and Johnson Counties in 
Tennessee; and Grayson County in Virginia. The boundary of the 
Appalachian High Country viticultural area is as described below:
    (1) The beginning point is on the Unicoi map, at the point where 
the Unicoi/Mitchell County line intersects with an unnamed road known 
locally as Unaka Mountain Road near Beauty Spot Gap, Tennessee. From 
the beginning point, proceed northeasterly approximately 7.3 miles 
along the Unicoi/Mitchell County line, crossing onto the Iron Mountain 
Gap map, to the intersection of the Unicoi/Mitchell County line with 
the Carter County line; then
    (2) Proceed northerly along the Unicoi/Carter County line 
approximately 9.3 miles, crossing back onto the Unicoi map and then 
onto the Johnson City map, to the intersection of the Unicoi/Carter 
County line with the 2,000-foot elevation contour, southeast of an 
unnamed road known locally as Whispering Pine Road; then
    (3) Proceed southeasterly along the meandering 2,000-foot elevation 
contour, crossing onto the Unicoi map and then back onto the Johnson 
City map, and continuing onto the Elizabethton map for approximately 19 
miles to the intersection of the elevation contour with an unnamed road 
known locally as Brimer Road near Bremer Hollow; then
    (4) Proceed northwesterly approximately 1,500 feet along Brimer 
Road to an unnamed road known locally as Jenkins Hollow Road; then
    (5) Proceed easterly approximately 1.4 miles along Jenkins Hollow 
Road, crossing the Doe River, to U.S. Route 321 in the town of Valley 
Forge, Tennessee; then
    (6) Proceed north approximately 400 feet along U.S. Route 321 to an 
unnamed road known locally as Ruby Harmon Road; then
    (7) Proceed northeasterly approximately 360 feet along Ruby Harmon 
Road to an unnamed road known locally as Nanny Goat Hill Road; then
    (8) Proceed easterly approximately 0.2 mile along Nanny Goat Hill 
Road to the 1,800-foot elevation contour, east of an unnamed road known 
locally as Gene Mathes Road; then
    (9) Proceed northeasterly approximately 0.4 mile along the 1,800-
foot elevation contour to an unnamed road known locally as Franklin 
Lane; then
    (10) Proceed southerly approximately 0.3 mile along Franklin Lane 
to the 2,000-foot elevation contour; then
    (11) Proceed northeasterly along the meandering 2,000-foot 
elevation contour, crossing over Hardin Branch, Clover Branch, South 
Pierce Branch, and North Pierce Branch, to a fifth, unnamed stream; 
then
    (12) Proceed northerly approximately 0.47 mile along the unnamed 
stream to an unnamed road known locally as Wilbur Dam Road; then
    (13) Proceed southeasterly approximately 0.25 mile along Wilbur Dam 
Road to Wilbur Dam; then
    (14) Proceed northeasterly across Wilbur Dam to the marked 
transmission line; then
    (15) Proceed northerly approximately 0.5 mile along the 
transmission line to the 2,000-foot elevation contour; then
    (16) Proceed northeasterly approximately 19 miles along the 
meandering 2,000-foot elevation contour, crossing over the Watauga Dam 
map and onto the Carter map, and continuing along the 2,000-foot 
elevation contour as it crosses over State Route 91 near Sadie, 
Tennessee, and turns southwesterly, and continuing southwesterly for 
approximately 22.2 miles along the 2,000-foot elevation contour, 
crossing onto the Keenburg map and circling Carter Knob, to the 
intersection of the 2,000-foot elevation contour with the Carter/
Sullivan County line; then
    (17) Proceed southeasterly, then northeasterly, approximately 7 
miles along the Carter/Sullivan County line to an unnamed road known 
locally as National Forest Road 56, near Low Gap, Tennessee; then
    (18) Proceed easterly approximately 0.75 mile along National Forest 
Road 56, crossing onto the Carter map, to the Carter/Sullivan County 
line; then
    (19) Proceed easterly approximately 10.4 miles along the Carter/
Sullivan County line, crossing over the Doe map (northwestern corner) 
and onto the Shady Valley Map, to the intersection of the Carter/
Sullivan County line with the Johnson County line at Rich Knob, 
Tennessee; then

[[Page 74681]]

    (20) Proceed northeasterly approximately 13.4 miles along the 
Johnson/Sullivan County line, crossing onto the Laurel Bloomery map, to 
the intersection of the Johnson/Sullivan County line with the 
Washington County line at the Virginia/Tennessee State line; then
    (21) Proceed easterly approximately 10 miles along the Johnson/
Washington County line, crossing onto the Grayson map, to the 
intersection of the Johnson/Washington County line with the Grayson 
County line; then
    (22) Proceed east, then northeasterly, then southeasterly, along 
the Grayson County line, crossing over the Park, Whitetop Mountain, 
Trout Dale, Middle Fox Creek, Cedar Springs, Speedwell, Cripple Creek, 
Austinville, Galax, and Cumberland Knob maps and onto the Lambsburg 
map, to the intersection of the Grayson County line with the Surry 
County line and an unnamed road known locally as Fisher's Peak Road, at 
the Virginia/North Carolina State line; then
    (23) Proceed west along the Grayson/Surry County line, crossing 
back onto the Cumberland Knob map, to Alleghany County line; then
    (24) Proceed southerly, then northwesterly, then southwesterly 
along the Alleghany County line, crossing over the Roaring Gap, Glade 
Valley, Traphill (northeastern corner), Whitehead, McGrady 
(northwestern corner), Horse Gap, and Laurel Springs map, then back 
onto the Horse Gap map and continuing along the Alleghany County line 
on the Horse Gap map to the Ashe/Wilkes County line at Mulberry Gap, 
North Carolina; then
    (25) Proceed westerly, then southwesterly along the Ashe/Wilkes 
County line, crossing over the Glendale Springs and onto the Maple 
Springs map, then back onto the Glendale Springs map, then back onto 
the Maple Springs map, and continuing along the Ashe/Wilkes County line 
on the Maple Springs map to the intersection of the Ashe/Wilkes County 
line and the Watauga County line at Thomkins Knob, North Carolina; then
    (26) Proceed southwesterly along the Watauga/Wilkes County line, 
crossing over the Deep Gap map (southeastern corner) and onto the 
Buffalo Cove map, to the intersection of the Watauga/Wilkes County line 
and the Caldwell County line at White Rock Mountain, North Carolina; 
then
    (27) Proceed west along the Watauga/Caldwell County line, crossing 
over the Globe map and onto the Grandfather Mountain map, to the 
intersection of the Watauga/Caldwell County line with the Avery County 
line at Calloway Peak, North Carolina; then
    (28) Proceed southeasterly approximately 1.8 miles along the 
Caldwell/Avery County line to the boundary of the Blue Ridge Parkway at 
Pilot Knob, North Carolina; then
    (29) Proceed southwesterly approximately 11.6 miles along the Blue 
Ridge Parkway boundary, crossing over the Newland map (southeastern 
corner) and onto the Linville Falls map, to the intersection of the 
parkway boundary with the Avery/Burke County line; then
    (30) Proceed northwesterly, then southwesterly, for a total of 
approximately 4.2 miles along the Avery/Burke County line to the 
McDowell County line; then
    (31) Proceed southerly approximately 5 miles along the Avery/
McDowell County line to the Mitchell County line; then
    (32) Proceed southerly, then southwesterly, along the McDowell/
Mitchell County line, crossing over the Ashford (northwestern corner) 
and Little Switzerland (northeastern corner) maps and onto the Spruce 
Pine map, then back onto the Little Switzerland map and continuing 
along the McDowell/Mitchell County line, crossing onto the Celo map, to 
the intersection of the McDowell/Mitchell County line with the Yancey 
County line; then
    (33) Proceed west then northerly along the Mitchell/Yancey County 
line, crossing over the Micaville, Bakersville, Huntdale (southeastern 
corner), and Burnsville maps, then back onto the Huntdale map and 
continuing along the Mitchell/Yancy County line, crossing onto the 
Chestoa map, to the intersection of the Mitchell/Yancey County line 
with the Mitchell/Unicoi County line, which is concurrent with the 
Tennessee/North Carolina State line; then
    (34) Proceed northeasterly along the Mitchell/Unicoi County line, 
crossing back over the Huntsdale (northwestern corner) map and onto the 
Unicoi map, returning to the beginning point.

    Signed: September 14, 2016.
John J. Manfreda,
Administrator.
    Approved: October 17, 2016.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and Tariff Policy).
[FR Doc. 2016-25970 Filed 10-26-16; 8:45 am]
 BILLING CODE 4810-31-P