Proposed Establishment of the Tryon Foothills Viticultural Area, 716-721 [2024-00058]
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The provisions must also require the
participant to include similar terms or
conditions of compliance in lower-tier
covered transactions.
Subparts E and F [Reserved]
Subpart G—Suspension
BILLING CODE 3210–02–P
(a) If the DFC suspending official
issues a decision under 2 CFR 180.755
to continue your suspension after you
present information in opposition to
that suspension under 2 CFR 180.720,
you can ask the suspending official to
reconsider the decision for material
errors of fact or law that you believe will
change the outcome of the matter.
(b) A request for review under this
section must be in writing; state the
specific findings you believe to be in
error; and include the reasons or legal
bases for your position.
(c) The suspending official must
notify you of their decisions under this
section, in writing, using the notice
procedures at 2 CFR 180.615 and
180.975.
Subpart H—Debarment
§ 1600.890 How may I request
reconsideration of my DFC debarment?
(a) If the DFC debarring official issues
a decision under 2 CFR 180.870 to debar
you after you present information in
opposition to a proposed debarment
under 2 CFR 180.815, you can ask the
debarring official to reconsider the
decision for material errors of fact or
law that you believe will change the
outcome of the matter.
(b) A request for review under this
section must be in writing; state the
specific findings you believe to be in
error; and include the reasons or legal
bases for your position.
(d) The debarring official must notify
you of their decisions under this
section, in writing, using the notice
procedures at 2 CFR 180.615 and
180.975.
Subpart I—Definitions
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Debarring official.
The debarring official for DFC is the
Vice President & Chief Administrative
Officer, Office of Administration, or
designee as delegated in Agency policy.
§ 1600.1010
Suspending official.
The suspending official for DFC is the
Vice President & Chief Administrative
Officer, Office of Administration, or
designee as delegated in Agency policy.
VerDate Sep<11>2014
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Dated: December 14, 2023.
Dev Jagadesan,
Deputy General Counsel, Office of the General
Counsel, U.S. International Development
Finance Corporation.
[FR Doc. 2023–28838 Filed 1–4–24; 8:45 am]
§ 1600.765 How may I request
reconsideration of my DFC suspension?
§ 1600.930
Subpart J [Reserved]
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and on the submission, confidentiality,
and public disclosure of comments.
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
DEPARTMENT OF THE TREASURY
TTB Authority
Alcohol and Tobacco Tax and Trade
Bureau
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 the preparation and
submission of petitions for the
establishment or modification of
American viticultural areas (AVAs) and
lists the approved AVAs.
27 CFR Part 9
[Docket No. TTB–2023–0011; Notice No.
229]
RIN 1513–AD04
Proposed Establishment of the Tryon
Foothills Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes
establishing the approximately 176square mile ‘‘Tryon Foothills’’
viticultural area in Polk County, North
Carolina. 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
March 5, 2024.
ADDRESSES: You may electronically
submit comments to TTB on this
proposal using the comment form for
this document posted within Docket No.
TTB–2023–0011 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. 229. 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
SUMMARY:
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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
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approval nor an endorsement by TTB of
the wine produced in that area.
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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 grapegrowing 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.
Tryon Foothills Petition
TTB received a petition from Cory J.
Lillberg, vineyard manager of ParkerBinns Vineyard, proposing the ‘‘Tryon
Foothills’’ AVA. Mr. Lillberg submitted
the petition on behalf of Parker-Binns
Vineyard and other local vineyard and
winery operators. The proposed Tryon
Foothills AVA is located in Polk
County, North Carolina. It contains
approximately 176 square miles, with
five vineyards covering a total of
approximately 77.70 acres spread
throughout the proposed AVA. There
are also four wineries within the
proposed AVA.
According to the petition, the
distinguishing features of the proposed
Tryon Foothills AVA include its
topography 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 Tryon Foothills AVA is
located in the Inner Piedmont region of
the Blue Ridge Mountains of North
Carolina and includes the town of
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Tryon. The petition states that the Inner
Piedmont region is commonly referred
to as the ‘‘foothills’’ of the Blue Ridge
Mountains. For example, the petition
references the Tryon Fitness and Health
Club, which states on its website that it
is ‘‘located in the beautiful foothills of
Tryon, NC. . . .’’ The petition also
notes that the website of Polk County
Schools, which serves the region of the
proposed AVA and is headquartered in
Columbus, North Carolina, states that its
schools are ‘‘. . . in a small, mostly
rural county in the foothills of the Blue
Ridge Mountains.’’ A real estate
company serving the proposed AVA has
a section on its website describing ‘‘Fall
in Tryon’s Foothills.’’ 1 The petition
provides other examples of business or
organizations within or serving the
proposed AVA that use the term
‘‘foothills’’ including the Carolina
Foothills Chamber of Commerce,
Foothills Community Chapel, Grace
Foothills Church, the Foothills
Equestrian Nature Center, the Foothills
Astronomical Society, Foothills Fine
Art, Foothills Pharmacy, and the
Foothills Music Club.
The petition also includes examples
of use of the term ‘‘Tryon Foothills’’ to
describe the region of the proposed
AVA. A travel website encourages
visitors to ‘‘[u]nwind at the picturesque
vineyards in the Tryon Foothills Wine
Country.’’ 2 A listing on a vacation
rental website offers a home that is
available for a ‘‘Tryon Foothills
Getaway.’’ 3 A second vacation rental
website also features rentals ‘‘in the
Tryon Foothills.’’ 4 The Tryon Foothills
Classic is an annual horse jumping
event held in the proposed AVA. A
limousine service offers tours of the
wineries of the ‘‘Tryon foothills.’’ 5
Finally, Tryon Foothills Realty is a real
estate agency located in Tryon.
Boundary Evidence
The proposed Tryon Foothills AVA is
roughly shaped like a triangle with the
apex pointing north. The proposed
eastern boundary follows the shared
Polk-Rutherford County line and
separates the proposed AVA from lower
elevations. The proposed southern
boundary follows the shared North
Carolina-South Carolina State line and
separates the proposed AVA from
regions that are not associated with the
town of Tryon. The proposed western
boundary follows the 1,200-foot
1 https://lakeshillsandhorses.com/blog.
2 https://www.romanticasheville.com/winecountry.
3 https://www.airbnb.com/rooms/4297004.
4 https://Yondervacationrentals.com/vacationrentals/tryon.
5 https://www.tryonwinetours.com.
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elevation contour and separates the
proposed AVA from the higher
elevations of the Blue Ridge
Escarpment.
Distinguishing Features
The distinguishing features of the
proposed Tryon Foothills AVA include
its topography and climate.
Topography
The proposed Tryon Foothills AVA is
located on the western edge of the Inner
Piedmont region of the Blue Ridge
Mountains. The petition describes the
Inner Piedmont as a region of low
mountains and rolling hills. The average
elevation within the proposed AVA is
988 feet, while the maximum elevation
is 1,656 feet and the minimum is 712
feet.
To the west and northwest of the
proposed AVA are the Blue Ridge
Escarpment and the Blue Ridge Plateau.
The petition describes the Blue Ridge
Escarpment as steep and rugged, while
the Blue Ridge Plateau is an elevated
massif of basins and ranges that
constitutes the bulk of the Blue Ridge
Mountains. Elevations in both of these
regions are significantly higher than
within the proposed AVA, with average
elevations of 2,584 feet and 2,649 feet,
respectively. The region to the northeast
of the proposed AVA is also higher,
with an average elevation of 1,652 feet.
This region is comprised of portions of
the Blue Ridge Escarpment and the
Inner Piedmont, as well as the South
Mountains. Elevations immediately east
of the proposed AVA in the Inner
Piedmont region are higher but then
decline as the Inner Piedmont region
gives way to the Carolina Superterrane.
The average elevation east of the
proposed AVA is 987 feet, while the
maximum is 2,968 feet and the
minimum is 567 feet. South of the
proposed AVA is a continuation of the
Inner Piedmont region, but the
elevations are generally lower than
within the proposed AVA. The average
elevation south of the proposed AVA is
880 feet, while the maximum and
minimum elevations are 3,341 feet and
390 feet, respectively.
According to the petition, the
proposed AVA’s topography contributes
to the creation of a thermal belt. At
night, warm air that has accumulated at
high elevations loses its heat by
conductive radiation. The air becomes
cooler and heavier and begins to sink to
lower elevations. As the cool air sinks,
it displaces the warmer air at lower
elevations. The warm air settles on the
mountain slopes above the cascading
cooler air and creates a warmer layer of
air above the cooler air. This warmer
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layer is known as a thermal belt. Within
the proposed Tryon Foothills AVA, the
thermal belt results in warmer
temperatures than are found in the
surrounding regions.
Climate
To support the claim that the climate
of the proposed Tryon Foothills AVA
differs from that of the surrounding
regions, the petition includes
information on the average annual
temperatures, average growing season
temperatures, average growing season
length, and average annual growing
degree day 6 (GDD) accumulations for
locations within the proposed AVA and
the surrounding regions. The petition
also included average annual and
growing season precipitation amounts
for the proposed AVA and the
surrounding regions. All data was
collected using the 1980–2010 climate
normals.
The petition states that, in general, the
regions to the west, northwest, and
northeast of the proposed AVA are
cooler and have a greater range of
average temperatures than the proposed
AVA. The region south of the proposed
AVA is warmer, as temperatures grow
progressively warmer the farther south
one travels from the proposed AVA. The
proposed AVA and the region to the east
have approximately the same average
annual temperatures, but the region to
the east has a lower average minimum
temperature.
TABLE 1—AVERAGE ANNUAL TEMPERATURES IN DEGREES FAHRENHEIT (F)
Region
Average minimum
Average maximum
Average
Proposed AVA .....................................................................................................
Northwest .............................................................................................................
Northeast .............................................................................................................
East ......................................................................................................................
South ....................................................................................................................
West .....................................................................................................................
59
47
49
53
54
47
The petition also categorizes average
growing season temperatures 7
according to the Winegrape Climate/
Maturity Groupings classification
system.8 Although a percentage of each
According to the classification system,
‘‘Hot’’ regions are most suitable for
growing varietals of grapes such as
Zinfandel, Grenache, and Cabernet
Sauvignon.
of the regions fall into the ‘‘Hot’’
category, the proposed Tryon Foothills
AVA is entirely within the ‘‘Hot’’
category, indicating a warmer growing
season than the surrounding regions.
60
59
59
60
61
59
59.2
54.1
56.7
59.1
60.3
54.6
TABLE 2—DISTRIBUTION OF WINEGRAPE CLIMATE/MATURITY GROUPINGS
Percentage of region in each grouping
Region
Cool
(55–59 degrees F)
Intermediate
(59–63 degrees F)
Warm
(63–67 degrees F)
Proposed AVA .................................................................
Northwest .........................................................................
Northeast .........................................................................
East ..................................................................................
South ................................................................................
West .................................................................................
................................
0.49
................................
................................
................................
0.72
................................
26.89
8.93
................................
................................
9.77
................................
69.31
22.21
2.03
2.72
76.41
The petition included information on
the average length of the growing season
for the locations within the proposed
AVA and the surrounding regions.
Within each region there are a range of
growing seasons based primarily on
elevation. Although each region has a
percentage of land within the 200–210
day growing season range, the proposed
AVA has the largest percentage of land
within this range. Each of the
surrounding regions also contains lands
Hot
(67–72 degrees F)
100
3.31
68.86
97.97
97.28
13.10
that have growing seasons that are as
short as 170 days, while the shortest
growing season length within the
proposed AVA is between 190 and 200
days.
TABLE 3—GROWING SEASON LENGTH COMPARISON
Growing season length in days
Comparison areas
120–130
130–140
140–150
150–160
160–170
170–180
180–190
190–200
200–210
210–220
0.40
5.64
99.6
0.73
..............
..............
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Percentage of occurrence in each area
Proposed AVA ..............................
Northwest .....................................
..............
0.01
6 See Albert J. Winkler, General Viticulture
(Berkeley: University of California Press, 1974), pp.
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
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..............
0.03
..............
1.04
..............
4.10
..............
12.16
..............
24.22
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.
7 The growing season is defined as the period
from April 1 to October 31.
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..............
51.84
8 Jones, G.V., Climate and Terroir Variability and
Change on Wine: Presentation: In Fine Wine and
Terroir—The Geoscience Perspective, McQueen,
R.W., and Meinert, L.D. (eds.), Geoscience Canada
Reprint Series Number 9, Geological Association of
Canada, St. John’s Newfoundland, (2006), p. 247.
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TABLE 3—GROWING SEASON LENGTH COMPARISON—Continued
Growing season length in days
Comparison areas
120–130
130–140
140–150
150–160
160–170
170–180
180–190
190–200
200–210
210–220
42.74
7.17
3.14
5.70
33.41
91.43
87.26
0.67
..............
..............
6.93
..............
Percentage of occurrence in each area
Northeast ......................................
East ..............................................
South ............................................
West .............................................
..............
..............
..............
..............
..............
..............
..............
0.08
To further demonstrate the warm
climate of the proposed Tryon Foothills
AVA, the petition provided information
on the GDDs of the proposed AVA and
0.09
..............
..............
0.50
0.50
..............
..............
2.01
3.03
..............
..............
7.42
6.76
0.09
1.12
33.77
the surrounding regions. The proposed
AVA has a larger percentage of land
classified as Region V than any of the
surrounding regions, except the region
13.48
1.31
1.55
48.85
to the south. Unlike each of the
surrounding regions, the proposed AVA
lacks land classified as Region III or
lower.
TABLE 4—GROWING DEGREE DAY COMPARISONS
Growing degree day zones
Comparison areas
Too cold
IA
IB
II
III
IV
V
Percentage of occurrence in each area
Proposed AVA .......................................................
Northwest ...............................................................
Northeast ................................................................
East ........................................................................
South ......................................................................
West .......................................................................
The petition also included
information on the percentage of land
within the proposed AVA and
surrounding regions that is in each of
the four Viticultural Suitability Zones.9
The zones are based on climate
conditions and were designed to help
determine the best grape varietals to
grow in a given area. The zones range
from Zone 1, the warmest, to Zone 4, the
coldest. The petition compared the
proposed AVA, which is located in Polk
..................
0.1
..................
..................
..................
0.1
..................
0.8
0.1
..................
..................
0.7
..................
14.0
5.0
..................
..................
10.9
..................
32.0
11.0
0.1
0.7
36.6
County, to neighboring Rutherford,
Cleveland, and Gaston Counties.10 The
zones indicate that temperatures
increase as one moves eastward towards
the Atlantic Ocean. According to the
petition, 82 percent of the proposed
Tryon Foothills AVA is in Zone 3,
which is best suited to vinifera, hybrid,
and native American varieties of grapes,
and 18 percent is in Zone 2, which is
suitable for growing a variety of
muscadines, vinifera, hybrid, and native
..................
49.0
14.0
1.3
1.8
49.2
5.0
4.0
61.0
16.0
1.9
2.5
95.0
0.1
8.9
82.6
95.6
..................
American varieties of grapes. Gaston
County, the easternmost county in the
comparison area, has a large percentage
of land in Zone 1, which is
recommended only for muscadines.
None of the comparison areas contained
land in the coldest Zone 4, although
counties farther to the west of the
proposed AVA do have some areas that
are in Zone 4.11
TABLE 5—VITICULTURAL SUITABILITY ZONES
Areas (sq. miles) and percentages of land in each zone
Comparison areas
Total area
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Proposed AVA .................................................................................................
Rutherford County ...........................................................................................
Cleveland County ............................................................................................
Gaston County .................................................................................................
175.8
565.7
468.1
364.0
Zone 3
82.0
68.7
30.9
........................
Zone 2
18.0
31.3
69.1
28.0
Zone 1
........................
........................
........................
72.0
Finally, the petition included
information on the average annual and
growing season 12 precipitation amounts
for the proposed AVA and surrounding
regions. With respect to annual
precipitation amounts, the proposed
AVA has higher average amounts than
each of the surrounding regions except
the region to the west, lower maximum
amounts than each region except those
to the northeast and east, and higher
minimum amounts than each of the
surrounding regions. For growing
season precipitation amounts, the
proposed AVA has higher minimum
9 The North Carolina Winegrape Grower’s Guide:
Raleigh, NC, North Carolina Cooperative Extension
Service (E. Barclay Poling, Sara Spayd, eds., 2015),
available at Content.ces.ncsu.edu/north-carolinawinegrape-growers-guide. A copy of the zone map
is included in the petition as Figure 19 in Docket
No. TTB–2023–0011 at https://
www.regulations.gov.
10 Rutherford County is located to the north,
northeast, and east of Polk County. Cleveland
County is adjacent to and due east of Rutherford
County, while Gaston County is adjacent to and due
east of Cleveland County.
11 See Figure 19 to the petition in Docket TTB–
2023–0011 at https://www.regulations.gov.
12 Defined in the petition as the period from April
1 through October 1.
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amounts than each of the surrounding
regions, higher average amounts than
each of the surrounding regions except
the region to the west, and maximum
amounts lower than each region except
the regions to the northeast and east.
According to the petition, the ideal
growing season precipitation amount for
mature grapevines is 24 to 30 inches.13
Excessive growing season precipitation
can promote excess vigor and fungal
diseases and attracts pests. Insufficient
growing season precipitation can result
in reduced photosynthesis, cell
desiccation, and potential death of the
grapevines.
TABLE 6—AVERAGE ANNUAL AND GROWING SEASON PRECIPITATION
[Amounts (in inches)]
Average annual precipitation
Average growing season precipitation
Comparison areas
Minimum
Proposed AVA .................................................................
Northwest ........................................................................
Northeast .........................................................................
East .................................................................................
South ...............................................................................
West ................................................................................
TTB Determination
TTB concludes that the petition to
establish the proposed Tryon Foothills
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.
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Maps
The petitioner provided the required
maps, and TTB lists them below in the
proposed regulatory text. You may also
view the proposed Tryon Foothills 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 § 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
Maximum
49
36
40
45
44
45
Average
65
72
60
59
83
93
that was used as a brand name on a
label approved before July 7, 1986. See
§ 4.39(i)(2) of the TTB regulations (27
CFR 4.39(i)(2)) for details.
If TTB establishes this proposed AVA,
its name, ‘‘Tryon Foothills,’’ will be
recognized as a name of viticultural
significance under § 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 ‘‘Tryon Foothills’’ 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 Tryon
Foothills 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 Tryon
Foothills AVA on wine labels that
include the term ‘‘Tryon Foothills’’ 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
Minimum
53.3
46.3
49.8
49.4
50.2
63.9
28
22
27
26
25
27
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38
41
36
34
47
51
Average
30.9
26.9
29.6
28.7
28.7
36.6
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 by using one of the following
methods:
• Federal e-Rulemaking Portal: You
may send comments via the online
comment form posted with this
document within Docket No. TTB–
2023–0011 on ‘‘Regulations.gov,’’ the
Federal e-rulemaking portal, at https://
www.regulations.gov. A direct link to
that docket is available under Notice
No. 229 on the TTB website at https://
www.ttb.gov/wine/notices-of-proposedrulemaking. Supplemental files may be
attached to comments submitted via
Regulations.gov. For complete
instructions on how to use
Regulations.gov, visit the site and click
on the FAQ link at the bottom of the
page.
• U.S. Mail: You may send comments
via postal mail to the Director,
Regulations and Rulings Division,
Alcohol and Tobacco Tax and Trade
Bureau, 1310 G Street NW, Box 12,
Washington, DC 20005. Please submit
your comments by the closing date
shown above in this document. Your
comments must reference Notice No.
229 and include your name and mailing
address. Your comments also must be
made in English, be legible, and be
written in language acceptable for
public disclosure. We do not
acknowledge receipt of comments, and
13 The North Carolina Wine-grape Grower’s
Guide: Raleigh, NC State Extension.
VerDate Sep<11>2014
Maximum
E:\FR\FM\05JAP1.SGM
05JAP1
Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Proposed Rules
we consider all comments as originals.
Your comment must clearly state if you
are commenting on your own behalf or
on behalf of an organization, business,
or other entity. If you are commenting
on behalf of an organization, business,
or other entity, your comment must
include the entity’s name as well as
your name and position title. If you
comment via Regulations.gov, please
enter the entity’s name in the
‘‘Organization’’ blank of the online
comment form. If you comment via
postal mail, please submit your entity’s
comment on letterhead.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine whether to hold a public
hearing.
lotter on DSK11XQN23PROD with PROPOSALS1
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
VerDate Sep<11>2014
17:14 Jan 04, 2024
Jkt 262001
regulatory action as defined by
Executive Order 12866 of September 30,
1993, as amended. Therefore, no
regulatory assessment is required.
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
1. The authority citation for part 9
continues to read as follows:
■
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Subpart C is amended by adding
§ 9.ll to read as follows:
■
§ 9.ll
Tryon Foothills.
(a) Name. The name of the viticultural
area described in this section is ‘‘Tryon
Foothills’’. For purposes of part 4 of this
chapter, ‘‘Tryon Foothills’’ is a term of
viticultural significance.
(b) Approved maps. The 10 United
States Geological Survey (USGS)
1:24,000 scale topographic maps used to
determine the boundary of the Tryon
Foothills viticultural area are:
(1) Lake Lure, NC, 1982;
photoinspected 1987;
(2) Shingle Hollow, NC, 1982;
(3) Pea Ridge, NC, 1982;
(4) Rutherfordton South, NC, 1966;
(5) Fingerville East, SC-NC, 1993
(provisional edition);
(6) Fingerville West, SC-NC, 1983
(provisional edition);
(7) Landrum, SC-NC, 2020;
(8) Saluda, NC-SC, 2019;
(9) Cliffield Mountain, NC, 1997; and
(10) Mill Spring, NC, 1982;
photorevised 1990.
(c) Boundary. The Tryon Foothills
viticultural area is located in Polk
County, North Carolina. The boundary
of the viticultural area is as described as
follows:
(1) The beginning point is on the Lake
Lure map at the intersection of the
1,200-foot elevation contour and the
shared Polk-Rutherford County line just
west of State Highway 9 and north of an
unnamed road known locally as Owl
Hollow Road. From the beginning point,
proceed clockwise along the shared
Polk-Rutherford County line and across
the Shingle Hollow, Pea Ridge, and
Rutherford South maps and onto the
Fingerville East map, to the intersection
of the shared Polk-Rutherford County
PO 00000
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721
line and the shared North CarolinaSouth Carolina State line; then
(2) Proceed west along the shared
North Carolina-South Carolina State line
across the Fingerville East, Fingerville
West, and Landrum maps and onto the
Saluda map to the intersection of the
North Carolina-South Carolina State line
with the 1,200-foot elevation contour
north of Dug Hill Road; then
(3) Proceed generally northerly along
the meandering 1,200-foot elevation
contour, crossing back and forth onto
the Landrum and Saluda maps and onto
the Mill Spring map, and continuing
along the 1,200-foot elevation contour as
it crosses onto the Cliffield Mountain
map and then back onto the Mill Spring
map and finally onto the Lake Lure
map, returning to the beginning point at
the intersection of the 1,200-foot
elevation contour and the shared PolkRutherford County line just west of
State Highway 9.
Signed: December 19, 2023.
Mary G. Ryan,
Administrator.
Approved: December 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2024–00058 Filed 1–4–24; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2023–0012; Notice No.
230]
RIN 1513–AD07
Proposed Establishment of the
Nashoba Valley Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the approximately 18,367-acre
‘‘Nashoba Valley’’ viticultural area in
Worcester County, Massachusetts. 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.
SUMMARY:
Comments must be received by
March 5, 2024.
DATES:
E:\FR\FM\05JAP1.SGM
05JAP1
]]>Agencies
[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Proposed Rules]
[Pages 716-721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00058]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Docket No. TTB-2023-0011; Notice No. 229]
RIN 1513-AD04
Proposed Establishment of the Tryon Foothills Viticultural Area
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes
establishing the approximately 176-square mile ``Tryon Foothills''
viticultural area in Polk County, North Carolina. 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 March 5, 2024.
ADDRESSES: You may electronically submit comments to TTB on this
proposal using the comment form for this document posted within Docket
No. TTB-2023-0011 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. 229. 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.
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 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, 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
[[Page 717]]
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.
Tryon Foothills Petition
TTB received a petition from Cory J. Lillberg, vineyard manager of
Parker-Binns Vineyard, proposing the ``Tryon Foothills'' AVA. Mr.
Lillberg submitted the petition on behalf of Parker-Binns Vineyard and
other local vineyard and winery operators. The proposed Tryon Foothills
AVA is located in Polk County, North Carolina. It contains
approximately 176 square miles, with five vineyards covering a total of
approximately 77.70 acres spread throughout the proposed AVA. There are
also four wineries within the proposed AVA.
According to the petition, the distinguishing features of the
proposed Tryon Foothills AVA include its topography 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 Tryon Foothills AVA is located in the Inner Piedmont
region of the Blue Ridge Mountains of North Carolina and includes the
town of Tryon. The petition states that the Inner Piedmont region is
commonly referred to as the ``foothills'' of the Blue Ridge Mountains.
For example, the petition references the Tryon Fitness and Health Club,
which states on its website that it is ``located in the beautiful
foothills of Tryon, NC. . . .'' The petition also notes that the
website of Polk County Schools, which serves the region of the proposed
AVA and is headquartered in Columbus, North Carolina, states that its
schools are ``. . . in a small, mostly rural county in the foothills of
the Blue Ridge Mountains.'' A real estate company serving the proposed
AVA has a section on its website describing ``Fall in Tryon's
Foothills.'' \1\ The petition provides other examples of business or
organizations within or serving the proposed AVA that use the term
``foothills'' including the Carolina Foothills Chamber of Commerce,
Foothills Community Chapel, Grace Foothills Church, the Foothills
Equestrian Nature Center, the Foothills Astronomical Society, Foothills
Fine Art, Foothills Pharmacy, and the Foothills Music Club.
---------------------------------------------------------------------------
\1\ https://lakeshillsandhorses.com/blog.
---------------------------------------------------------------------------
The petition also includes examples of use of the term ``Tryon
Foothills'' to describe the region of the proposed AVA. A travel
website encourages visitors to ``[u]nwind at the picturesque vineyards
in the Tryon Foothills Wine Country.'' \2\ A listing on a vacation
rental website offers a home that is available for a ``Tryon Foothills
Getaway.'' \3\ A second vacation rental website also features rentals
``in the Tryon Foothills.'' \4\ The Tryon Foothills Classic is an
annual horse jumping event held in the proposed AVA. A limousine
service offers tours of the wineries of the ``Tryon foothills.'' \5\
Finally, Tryon Foothills Realty is a real estate agency located in
Tryon.
---------------------------------------------------------------------------
\2\ https://www.romanticasheville.com/wine-country.
\3\ https://www.airbnb.com/rooms/4297004.
\4\ https://Yondervacationrentals.com/vacation-rentals/tryon.
\5\ https://www.tryonwinetours.com.
---------------------------------------------------------------------------
Boundary Evidence
The proposed Tryon Foothills AVA is roughly shaped like a triangle
with the apex pointing north. The proposed eastern boundary follows the
shared Polk-Rutherford County line and separates the proposed AVA from
lower elevations. The proposed southern boundary follows the shared
North Carolina-South Carolina State line and separates the proposed AVA
from regions that are not associated with the town of Tryon. The
proposed western boundary follows the 1,200-foot elevation contour and
separates the proposed AVA from the higher elevations of the Blue Ridge
Escarpment.
Distinguishing Features
The distinguishing features of the proposed Tryon Foothills AVA
include its topography and climate.
Topography
The proposed Tryon Foothills AVA is located on the western edge of
the Inner Piedmont region of the Blue Ridge Mountains. The petition
describes the Inner Piedmont as a region of low mountains and rolling
hills. The average elevation within the proposed AVA is 988 feet, while
the maximum elevation is 1,656 feet and the minimum is 712 feet.
To the west and northwest of the proposed AVA are the Blue Ridge
Escarpment and the Blue Ridge Plateau. The petition describes the Blue
Ridge Escarpment as steep and rugged, while the Blue Ridge Plateau is
an elevated massif of basins and ranges that constitutes the bulk of
the Blue Ridge Mountains. Elevations in both of these regions are
significantly higher than within the proposed AVA, with average
elevations of 2,584 feet and 2,649 feet, respectively. The region to
the northeast of the proposed AVA is also higher, with an average
elevation of 1,652 feet. This region is comprised of portions of the
Blue Ridge Escarpment and the Inner Piedmont, as well as the South
Mountains. Elevations immediately east of the proposed AVA in the Inner
Piedmont region are higher but then decline as the Inner Piedmont
region gives way to the Carolina Superterrane. The average elevation
east of the proposed AVA is 987 feet, while the maximum is 2,968 feet
and the minimum is 567 feet. South of the proposed AVA is a
continuation of the Inner Piedmont region, but the elevations are
generally lower than within the proposed AVA. The average elevation
south of the proposed AVA is 880 feet, while the maximum and minimum
elevations are 3,341 feet and 390 feet, respectively.
According to the petition, the proposed AVA's topography
contributes to the creation of a thermal belt. At night, warm air that
has accumulated at high elevations loses its heat by conductive
radiation. The air becomes cooler and heavier and begins to sink to
lower elevations. As the cool air sinks, it displaces the warmer air at
lower elevations. The warm air settles on the mountain slopes above the
cascading cooler air and creates a warmer layer of air above the cooler
air. This warmer
[[Page 718]]
layer is known as a thermal belt. Within the proposed Tryon Foothills
AVA, the thermal belt results in warmer temperatures than are found in
the surrounding regions.
Climate
To support the claim that the climate of the proposed Tryon
Foothills AVA differs from that of the surrounding regions, the
petition includes information on the average annual temperatures,
average growing season temperatures, average growing season length, and
average annual growing degree day \6\ (GDD) accumulations for locations
within the proposed AVA and the surrounding regions. The petition also
included average annual and growing season precipitation amounts for
the proposed AVA and the surrounding regions. All data was collected
using the 1980-2010 climate normals.
---------------------------------------------------------------------------
\6\ See Albert J. Winkler, General Viticulture (Berkeley:
University of California Press, 1974), pp. 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.
---------------------------------------------------------------------------
The petition states that, in general, the regions to the west,
northwest, and northeast of the proposed AVA are cooler and have a
greater range of average temperatures than the proposed AVA. The region
south of the proposed AVA is warmer, as temperatures grow progressively
warmer the farther south one travels from the proposed AVA. The
proposed AVA and the region to the east have approximately the same
average annual temperatures, but the region to the east has a lower
average minimum temperature.
Table 1--Average Annual Temperatures in Degrees Fahrenheit (F)
----------------------------------------------------------------------------------------------------------------
Region Average minimum Average maximum Average
----------------------------------------------------------------------------------------------------------------
Proposed AVA........................................ 59 60 59.2
Northwest........................................... 47 59 54.1
Northeast........................................... 49 59 56.7
East................................................ 53 60 59.1
South............................................... 54 61 60.3
West................................................ 47 59 54.6
----------------------------------------------------------------------------------------------------------------
The petition also categorizes average growing season temperatures
\7\ according to the Winegrape Climate/Maturity Groupings
classification system.\8\ Although a percentage of each of the regions
fall into the ``Hot'' category, the proposed Tryon Foothills AVA is
entirely within the ``Hot'' category, indicating a warmer growing
season than the surrounding regions. According to the classification
system, ``Hot'' regions are most suitable for growing varietals of
grapes such as Zinfandel, Grenache, and Cabernet Sauvignon.
---------------------------------------------------------------------------
\7\ The growing season is defined as the period from April 1 to
October 31.
\8\ Jones, G.V., Climate and Terroir Variability and Change on
Wine: Presentation: In Fine Wine and Terroir--The Geoscience
Perspective, McQueen, R.W., and Meinert, L.D. (eds.), Geoscience
Canada Reprint Series Number 9, Geological Association of Canada,
St. John's Newfoundland, (2006), p. 247.
Table 2--Distribution of Winegrape Climate/Maturity Groupings
----------------------------------------------------------------------------------------------------------------
Percentage of region in each grouping
-------------------------------------------------------------------------------
Region Cool (55-59 Intermediate (59- Warm (63-67 Hot (67-72 degrees
degrees F) 63 degrees F) degrees F) F)
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................... .................. .................. .................. 100
Northwest....................... 0.49 26.89 69.31 3.31
Northeast....................... .................. 8.93 22.21 68.86
East............................ .................. .................. 2.03 97.97
South........................... .................. .................. 2.72 97.28
West............................ 0.72 9.77 76.41 13.10
----------------------------------------------------------------------------------------------------------------
The petition included information on the average length of the
growing season for the locations within the proposed AVA and the
surrounding regions. Within each region there are a range of growing
seasons based primarily on elevation. Although each region has a
percentage of land within the 200-210 day growing season range, the
proposed AVA has the largest percentage of land within this range. Each
of the surrounding regions also contains lands that have growing
seasons that are as short as 170 days, while the shortest growing
season length within the proposed AVA is between 190 and 200 days.
Table 3--Growing Season Length Comparison
--------------------------------------------------------------------------------------------------------------------------------------------------------
Growing season length in days
Comparison areas ---------------------------------------------------------------------------------------------------
120-130 130-140 140-150 150-160 160-170 170-180 180-190 190-200 200-210 210-220
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percentage of occurrence in each area
---------------------------------------------------------------------------------------------------
Proposed AVA........................................ ........ ........ ........ ........ ........ ........ ........ 0.40 99.6 ........
Northwest........................................... 0.01 0.03 1.04 4.10 12.16 24.22 51.84 5.64 0.73 ........
[[Page 719]]
Northeast........................................... ........ ........ 0.09 0.50 3.03 6.76 13.48 42.74 33.41 ........
East................................................ ........ ........ ........ ........ ........ 0.09 1.31 7.17 91.43 ........
South............................................... ........ ........ ........ ........ ........ 1.12 1.55 3.14 87.26 6.93
West................................................ ........ 0.08 0.50 2.01 7.42 33.77 48.85 5.70 0.67 ........
--------------------------------------------------------------------------------------------------------------------------------------------------------
To further demonstrate the warm climate of the proposed Tryon
Foothills AVA, the petition provided information on the GDDs of the
proposed AVA and the surrounding regions. The proposed AVA has a larger
percentage of land classified as Region V than any of the surrounding
regions, except the region to the south. Unlike each of the surrounding
regions, the proposed AVA lacks land classified as Region III or lower.
Table 4--Growing Degree Day Comparisons
----------------------------------------------------------------------------------------------------------------
Growing degree day zones
Comparison areas -----------------------------------------------------------------------------------
Too cold IA IB II III IV V
----------------------------------------------------------------------------------------------------------------
Percentage of occurrence in each area
-----------------------------------------------------------------------------------
Proposed AVA................ .......... .......... .......... .......... .......... 5.0 95.0
Northwest................... 0.1 0.8 14.0 32.0 49.0 4.0 0.1
Northeast................... .......... 0.1 5.0 11.0 14.0 61.0 8.9
East........................ .......... .......... .......... 0.1 1.3 16.0 82.6
South....................... .......... .......... .......... 0.7 1.8 1.9 95.6
West........................ 0.1 0.7 10.9 36.6 49.2 2.5 ..........
----------------------------------------------------------------------------------------------------------------
The petition also included information on the percentage of land
within the proposed AVA and surrounding regions that is in each of the
four Viticultural Suitability Zones.\9\ The zones are based on climate
conditions and were designed to help determine the best grape varietals
to grow in a given area. The zones range from Zone 1, the warmest, to
Zone 4, the coldest. The petition compared the proposed AVA, which is
located in Polk County, to neighboring Rutherford, Cleveland, and
Gaston Counties.\10\ The zones indicate that temperatures increase as
one moves eastward towards the Atlantic Ocean. According to the
petition, 82 percent of the proposed Tryon Foothills AVA is in Zone 3,
which is best suited to vinifera, hybrid, and native American varieties
of grapes, and 18 percent is in Zone 2, which is suitable for growing a
variety of muscadines, vinifera, hybrid, and native American varieties
of grapes. Gaston County, the easternmost county in the comparison
area, has a large percentage of land in Zone 1, which is recommended
only for muscadines. None of the comparison areas contained land in the
coldest Zone 4, although counties farther to the west of the proposed
AVA do have some areas that are in Zone 4.\11\
---------------------------------------------------------------------------
\9\ The North Carolina Winegrape Grower's Guide: Raleigh, NC,
North Carolina Cooperative Extension Service (E. Barclay Poling,
Sara Spayd, eds., 2015), available at Content.ces.ncsu.edu/north-carolina-winegrape-growers-guide. A copy of the zone map is included
in the petition as Figure 19 in Docket No. TTB-2023-0011 at https://www.regulations.gov.
\10\ Rutherford County is located to the north, northeast, and
east of Polk County. Cleveland County is adjacent to and due east of
Rutherford County, while Gaston County is adjacent to and due east
of Cleveland County.
\11\ See Figure 19 to the petition in Docket TTB-2023-0011 at
https://www.regulations.gov.
Table 5--Viticultural Suitability Zones
----------------------------------------------------------------------------------------------------------------
Areas (sq. miles) and percentages of land in each zone
Comparison areas ---------------------------------------------------------------
Total area Zone 3 Zone 2 Zone 1
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................................... 175.8 82.0 18.0 ..............
Rutherford County............................... 565.7 68.7 31.3 ..............
Cleveland County................................ 468.1 30.9 69.1 ..............
Gaston County................................... 364.0 .............. 28.0 72.0
----------------------------------------------------------------------------------------------------------------
Finally, the petition included information on the average annual
and growing season \12\ precipitation amounts for the proposed AVA and
surrounding regions. With respect to annual precipitation amounts, the
proposed AVA has higher average amounts than each of the surrounding
regions except the region to the west, lower maximum amounts than each
region except those to the northeast and east, and higher minimum
amounts than each of the surrounding regions. For growing season
precipitation amounts, the proposed AVA has higher minimum
[[Page 720]]
amounts than each of the surrounding regions, higher average amounts
than each of the surrounding regions except the region to the west, and
maximum amounts lower than each region except the regions to the
northeast and east. According to the petition, the ideal growing season
precipitation amount for mature grapevines is 24 to 30 inches.\13\
Excessive growing season precipitation can promote excess vigor and
fungal diseases and attracts pests. Insufficient growing season
precipitation can result in reduced photosynthesis, cell desiccation,
and potential death of the grapevines.
---------------------------------------------------------------------------
\12\ Defined in the petition as the period from April 1 through
October 1.
\13\ The North Carolina Wine-grape Grower's Guide: Raleigh, NC
State Extension.
Table 6--Average Annual and Growing Season Precipitation
[Amounts (in inches)]
----------------------------------------------------------------------------------------------------------------
Average annual precipitation Average growing season precipitation
Comparison areas ------------------------------------------------------------------------------
Minimum Maximum Average Minimum Maximum Average
----------------------------------------------------------------------------------------------------------------
Proposed AVA..................... 49 65 53.3 28 38 30.9
Northwest........................ 36 72 46.3 22 41 26.9
Northeast........................ 40 60 49.8 27 36 29.6
East............................. 45 59 49.4 26 34 28.7
South............................ 44 83 50.2 25 47 28.7
West............................. 45 93 63.9 27 51 36.6
----------------------------------------------------------------------------------------------------------------
TTB Determination
TTB concludes that the petition to establish the proposed Tryon
Foothills 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 Tryon
Foothills 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, ``Tryon
Foothills,'' 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 ``Tryon Foothills'' 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 Tryon Foothills 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 Tryon Foothills AVA on wine labels that include the term
``Tryon Foothills'' 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 by using one of the
following methods:
Federal e-Rulemaking Portal: You may send comments via the
online comment form posted with this document within Docket No. TTB-
2023-0011 on ``Regulations.gov,'' the Federal e-rulemaking portal, at
https://www.regulations.gov. A direct link to that docket is available
under Notice No. 229 on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking. Supplemental files may be attached to
comments submitted via Regulations.gov. For complete instructions on
how to use Regulations.gov, visit the site and click on the FAQ link at
the bottom of the page.
U.S. Mail: You may send comments via postal mail to the
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005. Please
submit your comments by the closing date shown above in this document.
Your comments must reference Notice No. 229 and include your name and
mailing address. Your comments also must be made in English, be
legible, and be written in language acceptable for public disclosure.
We do not acknowledge receipt of comments, and
[[Page 721]]
we consider all comments as originals. Your comment must clearly state
if you are commenting on your own behalf or on behalf of an
organization, business, or other entity. If you are commenting on
behalf of an organization, business, or other entity, your comment must
include the entity's name as well as your name and position title. If
you comment via Regulations.gov, please enter the entity's name in the
``Organization'' blank of the online comment form. If you comment via
postal mail, please submit your entity's comment on letterhead.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality 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 of September 30,
1993, as amended. Therefore, no regulatory assessment is required.
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.__ Tryon Foothills.
(a) Name. The name of the viticultural area described in this
section is ``Tryon Foothills''. For purposes of part 4 of this chapter,
``Tryon Foothills'' is a term of viticultural significance.
(b) Approved maps. The 10 United States Geological Survey (USGS)
1:24,000 scale topographic maps used to determine the boundary of the
Tryon Foothills viticultural area are:
(1) Lake Lure, NC, 1982; photoinspected 1987;
(2) Shingle Hollow, NC, 1982;
(3) Pea Ridge, NC, 1982;
(4) Rutherfordton South, NC, 1966;
(5) Fingerville East, SC-NC, 1993 (provisional edition);
(6) Fingerville West, SC-NC, 1983 (provisional edition);
(7) Landrum, SC-NC, 2020;
(8) Saluda, NC-SC, 2019;
(9) Cliffield Mountain, NC, 1997; and
(10) Mill Spring, NC, 1982; photorevised 1990.
(c) Boundary. The Tryon Foothills viticultural area is located in
Polk County, North Carolina. The boundary of the viticultural area is
as described as follows:
(1) The beginning point is on the Lake Lure map at the intersection
of the 1,200-foot elevation contour and the shared Polk-Rutherford
County line just west of State Highway 9 and north of an unnamed road
known locally as Owl Hollow Road. From the beginning point, proceed
clockwise along the shared Polk-Rutherford County line and across the
Shingle Hollow, Pea Ridge, and Rutherford South maps and onto the
Fingerville East map, to the intersection of the shared Polk-Rutherford
County line and the shared North Carolina-South Carolina State line;
then
(2) Proceed west along the shared North Carolina-South Carolina
State line across the Fingerville East, Fingerville West, and Landrum
maps and onto the Saluda map to the intersection of the North Carolina-
South Carolina State line with the 1,200-foot elevation contour north
of Dug Hill Road; then
(3) Proceed generally northerly along the meandering 1,200-foot
elevation contour, crossing back and forth onto the Landrum and Saluda
maps and onto the Mill Spring map, and continuing along the 1,200-foot
elevation contour as it crosses onto the Cliffield Mountain map and
then back onto the Mill Spring map and finally onto the Lake Lure map,
returning to the beginning point at the intersection of the 1,200-foot
elevation contour and the shared Polk-Rutherford County line just west
of State Highway 9.
Signed: December 19, 2023.
Mary G. Ryan,
Administrator.
Approved: December 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2024-00058 Filed 1-4-24; 8:45 am]
BILLING CODE 4810-31-P
