Proposed Establishment of the Upper Cumberland Viticultural Area, 59482-59489 [2023-18590]

Agencies

• Alcohol and Tobacco Tax and Trade Bureau
• DEPARTMENT OF THE TREASURY

[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Proposed Rules]
[Pages 59482-59489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18590]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2023-0006; Notice No. 224]
RIN 1513-AD02


Proposed Establishment of the Upper Cumberland Viticultural Area

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 (TTB) proposes 
establishing the approximately 2,186,689 acre ``Upper Cumberland'' 
viticultural area in Middle Tennessee. The proposed viticultural area 
is not within any other established viticultural area. TTB designates 
viticultural areas to allow vintners to better describe the origin of 
their wines and to allow consumers to better identify wines they may 
purchase. TTB invites comments on this proposed addition to its 
regulations.

DATES: Comments must be received by October 30, 2023.

ADDRESSES: You may electronically submit comments to TTB on this 
proposal using the comment form for this document posted within Docket 
No. TTB-2023-0006 on the Regulations.gov website at https://www.regulations.gov. At the same location, you also may view copies of 
this document, the related petition and selected supporting materials, 
and any comments TTB receives on this proposal. A direct link to that 
docket is available on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking under Notice No. 224. Alternatively, you 
may submit comments via postal mail to the Director, Regulations and 
Ruling Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005. Please see the Public 
Participation section of this document for further information on the 
comments requested on this proposal and on the submission, 
confidentiality, and public disclosure of comments.

[[Page 59483]]


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). In addition, the Secretary of the Treasury 
has delegated certain administrative and enforcement authorities to TTB 
through Treasury Order 120-01.
    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 preparing and submitting petitions to establish or 
modify 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, once approved, a name and a delineated boundary 
codified 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 allows any interested 
party to 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 to establish or modify 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;
     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.

Upper Cumberland Petition

    TTB received a petition from the Appalachian Region Wine Producers 
Association, proposing the establishment of the ``Upper Cumberland'' 
AVA. The proposed Upper Cumberland AVA covers all or portions of the 
following eight counties in Middle Tennessee: Cumberland, Fentress, 
Macon, Putnam, Overton, Smith, Warren, and White. The proposed AVA 
contains approximately 2,186,689 acres, with 55 vineyards totaling over 
71 acres spread throughout the proposed AVA. There are also nine 
wineries within the proposed AVA. According to the petition, there is 
at least one vineyard in each of the counties within the proposed AVA, 
demonstrating that commercial viticulture and winemaking take place 
throughout the entire proposed AVA.
    According to the petition, the distinguishing features of the 
proposed Upper Cumberland AVA include its geology and elevation, soils, 
and climate. Unless otherwise noted, all information and data 
pertaining to the proposed AVA is from the petition and its supporting 
exhibits.

Name Evidence

    The proposed Upper Cumberland AVA is located within the watershed 
of the Cumberland and Tennessee Rivers or their tributaries, which 
traditionally includes a total of 14 counties. The proposed Upper 
Cumberland AVA originally included all 14 of these counties. However, 
at the request of TTB, the petitioners agreed to exclude those counties 
that currently lack commercial viticulture, leaving eight counties 
within the proposed AVA. TTB notes that petition included evidence that 
the six excluded counties have the same distinguishing features as the 
remaining eight counties. If the proposed Upper Cumberland AVA is 
established, TTB may consider future petitions to modify the boundary 
of the AVA if commercial viticulture develops in those six excluded 
counties.
    The petition includes a map produced by the Upper Cumberland 
Tourism Association titled ``Upper Cumberland Tennessee.'' \1\ The map 
includes the counties that are entirely or partially within the 
proposed Upper Cumberland AVA. The maps also show several Tennessee 
towns that are within the proposed AVA, including Lafayette, 
Cookeville, Crossville, and McMinnville. The petition included a web 
page from another tourism site that bears the title ``Welcome to 
Tennessee's Upper Cumberland'' and encourages readers to click links to 
learn more information about the ``friendly Chambers of Commerce in The 
[sic] Upper Cumberland Counties.'' \2\ The counties listed as the 
``Upper Cumberland Counties'' include the eight counties that are 
located within the proposed AVA. A website dedicated to forecasting the 
weather of the region of the proposed AVA is called ``Upper Cumberland 
Weather.'' \3\ The Upper Cumberland Medical Society ``supports personal 
leadership development of physicians from any of the 14 counties of 
Upper Cumberland.'' \4\ The 14 counties listed by the society include 
the counties that are within the proposed AVA. The Upper Cumberland 
Development District provides an array of services to individuals, 
businesses, and communities within the proposed

[[Page 59484]]

AVA through a variety of organizations, including the Upper Cumberland 
Area Agency on Aging and Disability.\5\ A web page for the 2019 Senior 
Olympics provides information about events in the ``Upper Cumberland 
District,'' which also includes all the counties within the proposed 
AVA.\6\ Finally, the Upper Cumberland Genealogical Society serves 
residents within the proposed AVA.\7\
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    \1\ See Exhibit 1 to the petition, which is included in Docket 
No. TTB-2023-0006 at www.regulations.gov.
    \2\ See Exhibit 2 to the petition, which is included in Docket 
No. TTB-2023-0006 at www.regulations.gov.
    \3\ Uppercumberlandweather.com. See Exhibit 6 to the petition, 
which is included in Docket No. TTB-2023-0006 at 
www.regulations.gov.
    \4\ See Exhibit 7 to the petition, which is included in Docket 
No. TTB-2023-0006 at www.regulations.gov.
    \5\ See Exhibit 3 to the petition, which is included in Docket 
No. TTB-2023-0006 at www.regulations.gov.
    \6\ Tnseniorolympics.com/upper-cumberland-district. See Exhibit 
5 to the petition, which is included in Docket No. TTB-2023-0006 at 
www.regulations.gov.
    \7\ See Exhibit 4 to the petition, which is included in Docket 
No. TTB-2023-0006 at www.regulations.gov.
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Boundary Evidence

    According to the petition, Tennessee is divided into three main 
regions: East, Middle, and West. The proposed Upper Cumberland AVA is 
located entirely within the Middle region, within the watershed of the 
Cumberland River and its tributaries, as well as a small portion of the 
Tennessee River watershed. Middle Tennessee includes the western 
portion of the Cumberland Plateau, the Eastern Highland Rim, and the 
Inner and Outer Central Basin land regions. The proposed Upper 
Cumberland AVA encompasses portions of each of these regions, 
specifically the western portion of the Cumberland Plateau, the Eastern 
Highland Rim and the eastern portion of the Outer Central Basin.
    The Tennessee-Kentucky State line forms the northern boundary of 
the proposed AVA in order to exclude areas not traditionally or 
currently associated with the name ``Upper Cumberland.'' The remaining 
boundaries largely follow county lines to exclude counties associated 
with the name ``Upper Cumberland'' that do not contain commercial 
viticulture, as well as any counties that are not associated with the 
name ``Upper Cumberland'' and have geological and climatic differences, 
which will be discussed in detail later in this document.

Distinguishing Features

    The distinguishing features of the proposed Upper Cumberland AVA 
include its geology and elevation, soils, and climate.
Geology and Elevation
    The proposed Upper Cumberland AVA encompasses portions of three 
distinct geographic regions. The eastern portion of the proposed AVA is 
located on the western portion of the Cumberland Plateau. This region 
was formed from layers of sedimentary rocks, including sandstone, 
limestone, and shale, that were deposited when an ancient ocean covered 
the area. As the North American and African protocontinents came 
together, the sediment and rock stuck between them and the region of 
what is now the proposed AVA was uplifted, forming the Cumberland 
Plateau. Average elevations within this portion of the proposed AVA 
range from 1,500 to 1,800 feet.
    The middle portion of the proposed Upper Cumberland AVA is located 
on the Eastern Highland Rim. The Eastern Highland Rim is a cuesta, 
which is a ridge where a harder sedimentary rock overlies a softer 
layer, with the whole ridge being tilted somewhat from the horizontal. 
The bedrock of the middle portion of the proposed AVA is comprised 
primarily of Mississippian-aged St. Louis and Warsaw limestones with 
Fort Payne chert underlain by Chattanooga shale. Elevations within this 
portion of the proposed AVA range from 600 to 1,000 feet.
    The western portion of the proposed AVA lies on the Outer Central 
Basin. This region is mostly an escarpment, which the petition defines 
as a long, steep slope, especially one at the edge of a plateau or a 
slope separating areas of land at different heights. Underlying rocks 
in this region are limestone, chert, and shale. The Outer Central Basin 
gradually descends to the lower, flatter elevations of the Inner 
Central Basin, which is not within the proposed AVA. The petition did 
not include a range of elevations for this portion of the proposed AVA 
but noted that the elevations are higher than the average elevations of 
the Inner Central Basin region, located to the west.
    According to the petition, the uplifted elevations of the proposed 
AVA allow vineyards to receive more direct and concentrated sunlight--
the level of UV rays increases between 10 and 20 percent for every 
1,000 feet of elevation--than vineyards at lower elevations. As a 
result of the greater levels of UV rays, grapes develop thicker skins, 
which increases the color concentration and tannins in the resulting 
wines.
    To the north and south of the proposed AVA are continuations of the 
same geological features found within the proposed AVA. These areas 
were excluded from the proposed AVA primarily because they are not 
considered to be part of the region known as ``Upper Cumberland.'' The 
petition did not provide information on elevations within the regions 
to the north and south of the proposed AVA. To the east of the proposed 
AVA is the Valley and Ridge Province of Tennessee, where the sediment 
and rock was folded and faulted by the collision of the ancient 
protocontinents, rather than being uplifted into a plateau. Elevations 
in the Valley and Ridge Province range from 1,100 to 1,500 feet in the 
ridges and from 700 to 1,000 feet in the valleys. To the west of the 
proposed AVA is the Inner Central Basin region, which formed when the 
collision of the continental plates pushed the sediment and rock into a 
bulging dome. Over time, the dome eroded and became lower and flatter. 
When the overlying rocks eroded, the softer underlying limestone began 
to erode quickly, forming a basin. Elevations within the Inner Central 
Basin are 300 to 400 feet lower than elevations within the adjacent 
Eastern Highland Rim portion of the proposed AVA.
Soils
    According to the petition, the soils of the proposed Upper 
Cumberland AVA differ according to the physiographic region. Soils of 
the eastern portion of the proposed AVA, within the Cumberland Plateau 
region, are from the Inceptisols and Ultisols soil orders. Ultisols are 
defined as ``strongly leached, acid forest soils with relatively low 
fertility.'' Inceptisols ``exhibit minimal horizon development'' and 
``lack features characteristic of other soil orders.'' They are often 
found in mountainous regions. The petition describes the soils as 
moderately deep, dominantly well-drained, and strongly acidic. They 
have a mesic soil temperature regime, meaning that soil temperatures at 
a depth of 20 inches generally range from 47 to 59 degrees Fahrenheit 
(F). The soils also have an udic soil moisture regime, meaning that 
water moves down through the soil at some time in most years, and the 
amount of soil moisture plus rainfall is approximately equal to or 
exceeds the amount of evapotranspiration.
    The middle portion of the proposed AVA, within the Eastern Highland 
Rim region, has soils of the Ultisols and Inceptisols soil orders, as 
well as Alfisols soils. Alfisols soils are moderately-leached soils 
with relatively high native fertility. Soils in this region are in the 
udic soil moisture regime and are also predominantly in the thermic 
soil temperature regime, meaning that soil temperatures at a depth of 
20 inches range from 59 to 72 degrees F. The petition describes the 
soils of this region of the proposed AVA as moderately-to-very deep, 
moderately well-drained, and loamy or clayey.

[[Page 59485]]

    The western portion of the proposed AVA, within the Outer Central 
Basin region, also has Ultisols, Inceptisols, and Alfisols soils. The 
soils have a thermic soil temperature regime and udic soil moisture 
regime, similar to portion of the proposed AVA that is within the 
Eastern Highland Rim region.
    According to the petition, the acidic soils of the proposed Upper 
Cumberland AVA generally have better nutrient balance for vine growth 
than alkaline soils. The well-drained soils of the proposed AVA also 
provide the vines with enough water to thrive, but not so much that the 
roots become waterlogged and more prone to disease and rot. The 
petition also states that the characteristics of the proposed AVA's 
soils allow grapes to retain acidity as they ripen, resulting 
``brighter, more acidic finished wines.''
    To the north and south, the soils are similar to those within the 
proposed AVA. To the east of the proposed AVA, within the Valley and 
Ridge Province, the soils are almost exclusively Ultisols soils. The 
soils generally have a thermic soil temperature regime and an udic soil 
moisture regime. To the west of the proposed AVA, in the Inner Central 
Basin region, the soils include Mollisols, which are not found in the 
proposed AVA. Mollisols soils are found in grassland ecosystems and are 
characterized by a thick, dark surface horizon. The Inner Central Basin 
also does not contain as many Ultisols soils as the proposed Upper 
Cumberland AVA.
Climate
    The petition provided data on the average maximum and minimum 
annual temperatures, growing season mean temperatures, growing season 
length, growing degree days \8\ (GDDs), USDA plant hardiness zones, and 
annual precipitation amounts for the proposed Upper Cumberland AVA and 
the surrounding regions. The data came from the PRISM Climate Group \9\ 
and was calculated using 1981-2010 climate normals, the most recent 
climate normals data available at the time the petition was drafted. 
The following tables summarize the climate data from the petition.
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    \8\ See Albert J. Winkler, General Viticulture (Berkeley: 
University of California Press, 1974), pages 61-64. In the Winkler 
climate classification system, annual heat accumulation during the 
growing season, measured in annual Growing Degree Days (GDDs), 
defines climatic regions. One GDD accumulates for each degree 
Fahrenheit that a day's mean temperature is above 50 degrees F, the 
minimum temperature required for grapevine growth. The Winkler scale 
regions are as follows: Region Ia: 1,500-2,000 GDDs; Region Ib: 
2,000-2,500 GDDs; Region II: 2,500-3,000 GDDs; Region III: 3,000-
3,500 GDDs; Region IV: 3,500-4,000 GDDs; Region V: 4,000-4,900 GDDs.
    \9\ The PRISM Climate Group gathers climate observations from a 
wide range of monitoring networks including weather stations, global 
positioning systems, and remote sensing equipment. Other factors 
used include elevation, longitude, and slope angles.
    \10\ See Table 6 to the petition in Docket No. TTB-2023-0006 at 
https://www.regulations.gov.

            Table 1--Average Maximum and Minimum Annual and Average Mean Growing Season Temperatures
                                              [Degrees Fahrenheit]
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                                                            Average  maximum  Average  minimum    Mean growing
                         Location                                annual            annual            season
                                                               temperature       temperature       temperature
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Proposed AVA..............................................              68.7              45.4              67.5
Northeast.................................................              67.5              43.3              65.8
East......................................................              68.6              45.2              67.7
Southeast.................................................                70                47                69
South.....................................................              70.6              48.5              69.8
Southwest.................................................              69.8              45.8                68
West......................................................              70.5                46              69.2
Northwest.................................................                69              46.8                69
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            Table 2--Mean Growing Season Length in Days \10\
------------------------------------------------------------------------
                       Location                               Days
------------------------------------------------------------------------
Proposed AVA..........................................               212
Northeast.............................................               194
East..................................................            208.25
Southeast.............................................               219
South.................................................               242
Southwest.............................................               222
West..................................................               210
Northwest.............................................               215
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      Table 3--Average Growing Degree Days and Winkler Regions \11\
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  Location (direction from proposed
              AVA) \12\                     GDDs         Winkler region
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Allardt (within)....................           3,134.4               III
Crossville (within).................             3,462               III
Cookeville (within).................           3,700.8                IV
Lafayette (within)..................           4,266.2                 V
McMinnville (within)................          4,228.95                 V
Sparta Water Plant (within).........           3,941.7                IV
Carthage (within)...................           4,111.9                 V
Newcomb (northeast).................          3,599.85                IV
Oneida (northeast)..................          3,252.85               III
Kingston (east).....................           4,096.5                 V

[[Page 59486]]

 
Norris (east).......................           3,545.9                IV
Oak Ridge (east)....................          4,114.75                 V
Rockwood (east).....................           3,750.7                IV
Tazewell (east).....................          3,418.05               III
Cleveland (southeast)...............           4,088.8                 V
Dayton (southeast)..................          4,047.05                 V
Chattanooga (south).................          4,556.45                 V
Winchester (south)..................          3,923.15                IV
Lebanon (west)......................          4,145.85                 V
Murfreesboro (west).................          4,099.75                 V
Clarksville (northwest).............           4,101.3                 V
Clarksville Outlaw Field Airport               4,060.1                 V
 (northwest)........................
Clarksville Water Treatment Plant             4,376.45                 V
 (northwest)........................
Springfield (northwest).............           4,032.4                 V
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                Table 4--USDA Plant Hardiness Zones \13\
------------------------------------------------------------------------
                   Location                       Plant hardiness zone
------------------------------------------------------------------------
Proposed AVA..................................                    6b-7a
Northeast.....................................                       6b
East..........................................                       7a
Southeast.....................................                    7a-7b
South.........................................                    7a-7b
Southwest.....................................                       7a
West..........................................                       7a
Northwest.....................................                    6b-7a
------------------------------------------------------------------------


              Table 5--Average Annual Precipitation Amounts
------------------------------------------------------------------------
                                                          Precipitation
                       Location                             (inches)
------------------------------------------------------------------------
Proposed AVA..........................................             50.02
Northeast.............................................             52.45
East..................................................             54.36
Southeast.............................................             54.67
South.................................................             52.69
Southwest.............................................             56.17
West..................................................             53.12
Northwest.............................................             51.02
------------------------------------------------------------------------

    According to the petition, the climate of the proposed Upper 
Cumberland AVA is suitable for growing a wide variety of wine grapes, 
including vinifera, hybrid, native, and muscadine varietals, which are 
all currently growing within the proposed AVA. Bud break generally 
occurs from the second week of April through the second week of May, 
and harvest generally occurs from the last week of July through the end 
of August.
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    \11\ See Tables 1 and 7 to the petition in Docket No. TTB-2023-
0006 at https://www.regulations.gov.
    \12\ Tables 1 and 7 in the petition include locations that are 
not within the revised boundary of the proposed AVA. Those locations 
have been excluded from the tables in this document.
    \13\ Plant Hardiness Zones are based on the average annual 
extreme minimum temperature for a region from the period of 1976-
2005. Zone 6b = -5 to 0 degrees F; Zone 7a = 0 to 5 degrees F; Zone 
7b = 5 to 10 degrees F. See Figure 12 to the petition in Docket No. 
TTB-2023-0006 at https://www.regulations.gov.
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Summary of Distinguishing Features

    In summary, the geology and elevation, soils, and climate of the 
proposed Upper Cumberland AVA distinguish it from the surrounding 
regions. The proposed AVA contains portions of three of the major 
geographic features of Tennessee: the Cumberland Plateau, which is an 
uplifted region of sandstone, limestone, and shale with elevations 
between 1,500 and 1,800 feet; the Eastern Highland Rim, a slightly-
tilted cuesta of limestone, chert, and shale with elevations between 
600 and 1,000 feet; and the Outer Central Basin, an escarpment of 
limestone, chert, and shale that has elevations that are typically 300 
to 400 feet higher than in the adjacent Inner Central Basin region. 
Soils within the proposed AVA consist of Inceptisols, Ultisols, and 
Alfisols that are generally well-drained, acidic, and moderately-to-
strongly leached. The average growing season length is 212 days, with a 
mean growing season temperature of 67.5 degrees F and USDA Plant 
Hardiness Zones ranging from 6b to 7a. GDD accumulations range from 
3,134.4 to 4,226.2, and Winkler Regions range from Zone III to Zone V. 
The average annual precipitation amount is 50.02 inches.
    To the north and south of the proposed AVA, the geology, 
elevations, and soils are similar to those of the proposed AVA. 
However, these areas were excluded because they are not part of the 
region that is known as ``Upper Cumberland.'' The region to the south 
also has a generally warmer climate, with a mean growing season 
temperature of 69.8 degrees F, a 242-day growing season, USDA Plant 
Hardiness Zones ranging from 7a to 7b, and

[[Page 59487]]

regions in Winkler Regions IV and V. The region to the south also has 
higher annual precipitation amounts.
    To the east of the proposed AVA is the Valley and Ridge Province, 
which is comprised of folded and faulted rocks and sediments and has 
elevations from 700 to 1,000 feet in the valleys and 1,100 to 1,500 
feet in the ridges. Soils in this region are almost exclusively 
Ultisols. The mean growing season temperature and USDA Plant Hardiness 
Zones are similar to that of the proposed AVA, but the growing season 
is slightly shorter, and GDD accumulations are slightly lower. Annual 
precipitation amounts are also higher in the region to the east of the 
proposed AVA.
    To the west of the proposed AVA is the Inner Central Basin, which 
was formed by the erosion of a large, bulging dome of sediment and 
rocks. Soils in this region include Molisols, which are not found in 
the proposed AVA, and fewer Ultisols than the proposed AVA. The region 
is categorized as a Winkler Region V, with a higher mean growing season 
temperature than the proposed AVA and a USDA Plant Hardiness Zone 
rating of 7a. Due west of the proposed AVA, the growing season is 
shorter, but the regions to the northwest and southwest have longer 
growing seasons. Average annual precipitation amounts are also higher 
to the west of the proposed AVA.

TTB Determination

    TTB concludes that the petition to establish the proposed Upper 
Cumberland AVA merits consideration and public comment, as invited in 
this notice of proposed rulemaking.

Boundary Description

    See the narrative description of the boundary of the petitioned-for 
AVA in the proposed regulatory text published at the end of this 
proposed rule.

Maps

    The petitioner provided the required maps, and TTB lists them below 
in the proposed regulatory text. You may also view the proposed Upper 
Cumberland AVA boundary on the AVA Map Explorer on the TTB website, at 
https://www.ttb.gov/wine/ava-map-explorer.

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, 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) of the TTB regulations (27 CFR 4.25(e)(3)). 
If the wine is not eligible for labeling with an AVA name and that name 
appears in the brand name, then the label is not in compliance and the 
bottler must change the brand name and obtain approval of a new label. 
Similarly, if the AVA name appears in another reference on the label in 
a misleading manner, the bottler would have to obtain approval of a new 
label. Different rules apply if a wine has a brand name containing an 
AVA name that was used as a brand name on a label approved before July 
7, 1986. See Sec.  4.39(i)(2) of the TTB regulations (27 CFR 
4.39(i)(2)) for details.
    If TTB establishes this proposed AVA, its name, ``Upper 
Cumberland,'' will be recognized as a name of viticultural significance 
under Sec.  4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The 
text of the proposed regulation clarifies this point. Consequently, 
wine bottlers using the name ``Upper Cumberland'' in a brand name, 
including a trademark, or in another label reference as to the origin 
of the wine, would have to ensure that the product is eligible to use 
the AVA name as an appellation of origin if TTB adopts this proposed 
rule as a final rule.

Public Participation

Comments Invited

    TTB invites comments from interested members of the public on 
whether it should establish the proposed Upper Cumberland AVA. TTB is 
also interested in receiving comments on the sufficiency and accuracy 
of required information submitted in support of the petition. Please 
provide specific information in support of your comments.
    Because of the potential impact of the establishment of the 
proposed Upper Cumberland AVA on wine labels that include the term 
``Upper Cumberland'' as discussed above under Impact on Current Wine 
Labels, TTB is particularly interested in comments regarding whether 
there will be a conflict between the proposed AVA 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 
anticipated negative economic impact that approval of the proposed AVA 
will have on an existing viticultural enterprise. TTB is also 
interested in receiving suggestions for ways to avoid conflicts, for 
example, by adopting a modified or different name for the proposed AVA.

Submitting Comments

    You may submit comments on this proposal as an individual or on 
behalf of a business or other organization via the Regulations.gov 
website or via postal mail, as described in the ADDRESSES section of 
this document. Your comment must reference Notice No. 224 and must be 
submitted or postmarked by the closing date shown in the DATES section 
of this document. You may upload or include attachments with your 
comment. You also may request a public hearing on this proposal. The 
TTB Administrator reserves the right to determine whether to hold a 
public hearing.

Confidentiality and Disclosure of Comments

    All submitted comments and attachments are part of the rulemaking 
record and are subject to public disclosure. Do not enclose any 
material in your comments that you consider confidential or that is 
inappropriate for disclosure.
    TTB will post, and you may view, copies of this document, the 
related petition and selected supporting materials, and any comments 
TTB receives about this proposal within the related Regulations.gov 
docket. In general, TTB will post comments as submitted, and it will 
not redact any identifying or contact information from the body of a 
comment or attachment.
    Please contact TTB's Regulations and Rulings division by email 
using the web form available at https://www.ttb.gov/contact-rrd, or by 
telephone at 202-453-2265, if you have any questions about commenting 
on this proposal or to request copies of this document, the related 
petition and its supporting materials, or any comments received.

Regulatory Flexibility Act

    TTB certifies 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

    It has been determined that this proposed rule is not a significant 
regulatory action as defined by Executive Order 12866. Therefore, no 
regulatory assessment is required.

[[Page 59488]]

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, TTB proposes to amend 
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. __ to read as follows:


Sec.  9. __  Upper Cumberland.

    (a) Name. The name of the viticultural area described in this 
section is ``Upper Cumberland''. For purposes of part 4 of this 
chapter, ``Upper Cumberland'' is a term of viticultural significance.
    (b) Approved maps. The 8 United States Geological Survey (USGS) 
1:100,000 scale topographic maps used to determine the boundary of the 
Upper Cumberland viticultural area are:
    (1) Bowling Green, 1985;
    (2) Tompkinsville, 1985; photoinspected 1992;
    (3) Corbin, 1981;
    (4) Nashville, 1984;
    (5) Cookeville, 1982;
    (6) Oak Ridge, 1979;
    (7) McMinnville, 1981; and
    (8) Watts Bar Lake, 1981.
    (c) Boundary. The Upper Cumberland viticultural area is located in 
Cumberland, Fentress, Macon, Overton, Putnam, Smith, Warren, and White 
Counties, in Tennessee. The boundary of the viticultural area is as 
described as follows:
    (1) The beginning point is on the Bowling Green map at the 
intersection of the shared Macon-Sumner County line and the shared 
Kentucky-Tennessee State line. From the beginning point, proceed south 
along the shared Macon-Sumner County line, crossing onto the Nashville 
map and continuing along the shared Macon-Sumner County line to its 
intersection with the Trousdale County line; then
    (2) Proceed east, then southeast, then east along the shared 
Trousdale-Macon County line, crossing onto the Cookeville map and 
continuing east along the shared Trousdale-Macon County line to its 
intersection with the Smith County line; then
    (3) Proceed southwesterly along the shared Smith-Trousdale County 
line, crossing back onto the Nashville map and continuing 
southwesterly, then westerly along the shared Smith-Trousdale County 
line to its intersection with the Wilson County line; then
    (4) Proceed southeasterly along the shared Wilson-Smith County line 
to its intersection with the DeKalb County line; then
    (5) Proceed east along the shared Smith-DeKalb County line, 
crossing onto the Cookeville map and continuing east along the Smith-
DeKalb County line to its intersection with the Putnam County line; 
then
    (6) Proceed southeast along the shared DeKalb-Putnam County line to 
its intersection with the White County line; then
    (7) Proceed southeast along the shared Dekalb-White County line, 
crossing onto the McMinnville map and continuing south along the 
DeKalb-White County line to its intersection with the Warren County 
line; then
    (8) Proceed west along the shared DeKalb-Warren County line to its 
intersection with the Cannon County line; then
    (9) Proceed southwesterly along the shared Warren-Cannon County 
line to its intersection with the Coffee County line; then
    (10) Proceed southeast along the shared Warren-Coffee County line 
to its intersection with the Grundy County line; then
    (11) Proceed east along the shared Warren-Grundy County line to its 
intersection with the Sequatchie County line; then
    (12) Proceed east along the shared Warren-Sequatchie County line to 
its intersection with the Van Buren County line; then
    (13) Proceed northwest, then north along the shared Warren-Van 
Buren County line to its intersection with the White County line; then
    (14) Proceed east, then southerly along the shared White-Van Buren 
County line to its intersection with the shared Cumberland-Bledsoe 
County line; then
    (15) Proceed east along the shared Bledsoe-Cumberland County line 
to its intersection with U.S. Highway 127/State Road 29; then
    (16) Proceed northeast in a straight line for a total of 21.81 
miles, crossing over the Watts Bar Lake map and onto the Oak Ridge map 
to the intersection of the straight line with the shared Cumberland-
Morgan County line east of Hebbertsburg; then
    (17) Proceed northwesterly, then westerly, then northwesterly along 
the shared Cumberland-Morgan County line to its intersection with the 
Fentress County line; then
    (18) Proceed north, then northeast along the shared Fentress-Morgan 
County line to its intersection with the Scott County line; then
    (19) Proceed northeast, then northwest along the shared Scott-
Fentress County line, crossing onto the Corbin map and continuing along 
the shared Scott-Fentress County line to its intersection with the 
Pickett County line; then
    (20) Proceed west, then northwesterly along the shared Fentress-
Pickett County line, crossing over the Tompkinsville map and onto the 
Cookeville map and continuing along the shared Fentress-Pickett County 
line to its intersection with the Overton County line; then
    (21) Proceed west, then northwesterly along the shared Pickett-
Overton County line, crossing onto the Tompkinsville map and continuing 
along the shares Pickett-Overton County line to its intersection with 
the Clay County line; then
    (22) Proceed southwesterly along the shared Overton-Clay County 
line, crossing onto the Cookeville map and continuing south along the 
shared Overton-Clay County line to its intersection with the Jackson 
County line; then
    (23) Proceed southerly along the shared Overton-Jackson County line 
to its intersection with the Putnam County line; then
    (24) Proceed westerly along the shared Putnam-Jackson County line 
to its intersection with the Smith County line; then
    (25) Proceed westerly, then northerly along the shared Smith-
Jackson County line to its intersection with the Macon County line; 
then
    (26) Proceed north along the shared Macon-Jackson County line, 
crossing onto the Tompkinsville map and continuing along the shared 
Macon-Jackson County line to its intersection with the Clay County 
line; then
    (27) Proceed north along the shared Macon-Clay County line to its 
intersection with the shared Tennessee-Kentucky State line; then
    (28) Proceed west along the Tennessee-Kentucky State line, crossing 
onto the Bowling Green map and returning to the beginning point.


[[Page 59489]]


    Signed: August 21, 2023.
Mary G. Ryan,
Administrator.

    Approved: August 22, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2023-18590 Filed 8-28-23; 8:45 am]
BILLING CODE 4810-31-P