59482 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 

Dated: August 24, 2023. 

Lauren K. Roth, 

Associate Commissioner for Policy. 

[FR Doc. 2023–18625 Filed 8–28–23; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–124123–22] 

RIN 1545–BQ57 

Corporate Bond Yield Curve for 

Determining Present Value; Hearing 

Cancellation 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Cancellation of a public hearing 

on a proposed rulemaking. 

SUMMARY: This document cancels a 

public hearing on proposed regulations 

specifying the methodology for 

constructing the corporate bond yield 

curve that is used to derive the interest 

rates used in calculating present value 

and making other calculations under a 

defined benefit plan, as well as for 

discounting unpaid losses and 

estimated salvage recoverable of 

insurance companies. 

DATES: The public hearing scheduled for 

August 30, 2023, at 10 a.m. ET is 

cancelled. 

FOR FURTHER INFORMATION CONTACT: 

Vivian Hayes of the Publications and 

Regulations Branch, Associate Chief 

Counsel (Procedure and Administration) 

at (202) 317–6901 (not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and a notice of 

public hearing that appeared in the 

Federal Register on June 23, 2023 (88 

FR 41047) announced that a public 

hearing being held in person and by 

teleconference was scheduled for 

August 30, 2023, at 10 a.m. ET. The 

subject of the public hearing is under 26 

CFR part 1. 

The public comment period for these 

regulations expired on August 22, 2023. 

The notice of proposed rulemaking and 

notice of public hearing instructed those 

interested in testifying at the public 

hearing to submit a request to testify 

and an outline of the topics to be 

addressed. We did not receive a request 

to testify at the Public Hearing. 

Therefore, the public hearing scheduled 

for August 30, 2023, at 10 a.m. ET is 

cancelled. 

Oluwafunmilayo A. Taylor, 

Branch Chief, Publications and Regulations 

Branch, Associate Chief Counsel, (Procedure 

& Administration). 

[FR Doc. 2023–18622 Filed 8–28–23; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–106228–22] 

RIN 1545–BQ61 

Malta Personal Retirement Scheme 

Listed Transaction; Hearing 

Cancellation 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Cancellation of a notice of 

public hearing on a proposed 

rulemaking. 

SUMMARY: This document cancels a 

public hearing on proposed regulations 

that would identify transactions that are 

the same as, or substantially similar to, 

certain Malta personal retirement 

scheme transactions as listed 

transactions, a type of reportable 

transaction. 

DATES: The public hearing scheduled for 

September 21, 2023, at 10 a.m. ET is 

cancelled. 

FOR FURTHER INFORMATION CONTACT: 

Vivian Hayes of the Publications and 

Regulations Branch, Associate Chief 

Counsel (Procedure and Administration) 

at (202) 317–6901 (not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: A notice 

of proposed rulemaking and a notice of 

public hearing that appeared in the 

Federal Register on June 7, 2023 (88 FR 

37186) announced that a public hearing 

being held in person and by 

teleconference was scheduled for 

September 21, 2023, at 10 a.m. ET. The 

subject of the public hearing is under 26 

CFR part 1. 

The public comment period for these 

regulations expired on August 7, 2023. 

The notice of proposed rulemaking and 

notice of public hearing instructed those 

interested in testifying at the public 

hearing to submit a request to testify 

and an outline of the topics to be 

addressed. We did not receive a request 

to testify at the Public Hearing. 

Therefore, the public hearing scheduled 

for September 21, 2023, at 10 a.m. ET 

is cancelled. 

Oluwafunmilayo A. Taylor, 

Branch Chief, Publications and Regulations 

Branch, Associate Chief Counsel, (Procedure 

& Administration). 

[FR Doc. 2023–18626 Filed 8–28–23; 8:45 am] 

BILLING CODE 4830–01–P 

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. 

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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 59483 

1See Exhibit 1 to the petition, which is included 

in Docket No. TTB–2023–0006 at 

www.regulations.gov. 

2See Exhibit 2 to the petition, which is included 

in Docket No. TTB–2023–0006 at 

www.regulations.gov. 

3Uppercumberlandweather.com. See Exhibit 6 to 

the petition, which is included in Docket No. TTB– 

2023–0006 at www.regulations.gov. 

4See Exhibit 7 to the petition, which is included 

in Docket No. TTB–2023–0006 at 

www.regulations.gov. 

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 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. 

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
59484 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 

5See Exhibit 3 to the petition, which is included 

in Docket No. TTB–2023–0006 at 

www.regulations.gov. 

6Tnseniorolympics.com/upper-cumberlanddistrict. See Exhibit 5 to the petition, which is 

included in Docket No. TTB–2023–0006 at 

www.regulations.gov. 

7See Exhibit 4 to the petition, which is included 

in Docket No. TTB–2023–0006 at 

www.regulations.gov. 

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

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 Mississippianaged 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-tovery deep, moderately well-drained, and 

loamy or clayey. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 59485 

8See 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. 

9The 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. 

10See Table 6 to the petition in Docket No. TTB– 

2023–0006 at https://www.regulations.gov. 

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. 

TABLE 1—AVERAGE MAXIMUM AND MINIMUM ANNUAL AND AVERAGE MEAN GROWING SEASON TEMPERATURES

[Degrees Fahrenheit] 

Location 

Average 

maximum annual 

temperature 

Average 

minimum annual 

temperature 

Mean growing 

season 

temperature 

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 

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 

TABLE 3—AVERAGE GROWING DEGREE DAYS AND WINKLER REGIONS 11

Location (direction from proposed AVA) 12 GDDs Winkler region 

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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
59486 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 

11See Tables 1 and 7 to the petition in Docket No. 

TTB–2023–0006 at https://www.regulations.gov. 

12Tables 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. 

13Plant 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. 

TABLE 3—AVERAGE GROWING DEGREE DAYS AND WINKLER REGIONS 11—Continued 

Location (direction from proposed AVA) 12 GDDs Winkler region 

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 (northwest) .................................................................................................... 4,060.1 V 

Clarksville Water Treatment Plant (northwest) ................................................................................................ 4,376.45 V 

Springfield (northwest) ..................................................................................................................................... 4,032.4 V 

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

Location Precipitation 

(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. 

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 slightlytilted 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 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 § 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 

§ 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 § 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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
59488 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 

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 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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Proposed Rules 59489 

1Enacted by Motor Carrier Safety Act of 1984 

(1984 Act), sec. 215, Public Law 98–554, Title II, 

Continued 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 350, 365, 385, 386, 387, 

and 395 

[Docket No. FMCSA–2022–0003] 

RIN 2126–AC52 

Safety Fitness Determinations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Advance notice of proposed 

rulemaking and request for comments. 

SUMMARY: FMCSA is interested in 

developing a new methodology to 

determine when a motor carrier is not 

fit to operate commercial motor vehicles 

(CMVs) in or affecting interstate 

commerce. FMCSA requests public 

comment on the need for a rulemaking 

to revise the regulations prescribing the 

safety fitness determination process; the 

available science or technical 

information to analyze regulatory 

alternatives for determining the safety 

fitness of motor carriers; feedback on the 

Agency’s current safety fitness 

determination (SFD) regulations, 

including the process and impacts; the 

available data and costs for regulatory 

alternatives reasonably likely to be 

considered as part of this rulemaking; 

and responses to specific questions in 

this advance notice of proposed 

rulemaking (ANPRM). 

DATES: Comments on this notice must be 

received on or before October 30, 2023. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2022–0003 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov/docket/ 

FMCSA-2022-0003/document. Follow 

the online instructions for submitting 

comments. 

• Mail: Dockets Operations, U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: Dockets 

Operations, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Ground 

Floor, Room W12–140, Washington, DC 

20590–0001, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. To be sure someone is there to 

help you, please call (202) 366–9317 or 

(202) 366–9826 before visiting Dockets 

Operations. 

• Fax: (202) 493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Stacy Ropp, (609) 661–2062, 

SafetyFitnessDetermination@dot.gov. 

FMCSA office hours are from 7:30 a.m. 

to 4 p.m., Monday through Friday, 

except Federal holidays. If you have 

questions on viewing or submitting 

material to the docket, call Dockets 

Operations at (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

ANPRM (FMCSA–2022–0003), indicate 

the specific section of this document to 

which your comment applies, and 

provide a reason for each suggestion or 

recommendation. You may submit your 

comments and material online or by fax, 

mail, or hand delivery, but please use 

only one of these means. FMCSA 

recommends that you include your 

name and a mailing address, an email 

address, or a phone number in the body 

of your document so FMCSA can 

contact you if there are questions 

regarding your submission. 

To submit your comment online, go to 

https://www.regulations.gov/docket/ 

FMCSA-2022-0003/document, click on 

this ANPRM, click ‘‘Comment,’’ and 

type your comment into the text box on 

the following screen. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period. 

Confidential Business Information (CBI) 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(5 U.S.C. 552), CBI is exempt from 

public disclosure. If your comments 

responsive to the ANPRM contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to the 

ANPRM, it is important that you clearly 

designate the submitted comments as 

CBI. Please mark each page of your 

submission that constitutes CBI as 

‘‘PROPIN’’ to indicate it contains 

proprietary information. FMCSA will 

treat such marked submissions as 

confidential under the Freedom of 

Information Act, and they will not be 

placed in the public docket of the 

ANPRM. Submissions containing CBI 

should be sent to Mr. Brian Dahlin, 

Chief, Regulatory Evaluation Division, 

Office of Policy, FMCSA, 1200 New 

Jersey Avenue SE, Washington, DC 

20590–0001. Any comments FMCSA 

receives not specifically designated as 

CBI will be placed in the public docket 

for this rulemaking. 

B. Viewing Comments and Documents 

To view any documents mentioned as 

being available in the docket, go to 

https://www.regulations.gov/docket/ 

FMCSA-2022-0003/document and 

choose the document to review. To view 

comments, click this ANPRM, then click 

‘‘Browse Comments.’’ If you do not have 

access to the internet, you may view the 

docket online by visiting Dockets 

Operations in Room W12–140 on the 

ground floor of the DOT West Building, 

1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

C. Privacy 

DOT solicits comments from the 

public to better inform its regulatory 

process, in accordance with 5 U.S.C. 

553(c). DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL 

14—Federal Docket Management 

System (FDMS)), which can be reviewed 

at www.transportation.gov/privacy. 

II. Legal Basis for the Rulemaking 

This rulemaking is based primarily on 

49 U.S.C. 31144(a) and (b) 1 which 


ddrumheller on DSK120RN23PROD with PROPOSALS1