64846 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Proposed Rules 

protection devices in work zones with 

high anticipated operating speeds that 

provide workers no means of escape 

from motorized traffic intruding into the 

workspace unless an engineering study 

determines otherwise. Positive 

protection devices shall be considered 

in other situations that place workers at 

increased risk from motorized traffic, 

and where positive protection devices 

offer the highest potential for increased 

safety for workers and road users such 

as: 

* * * * * 

(c) * * * 

(7) Enhanced flagger station setups or 

use of automated flagger assistance 

devices (AFADs); 

* * * * * 

(16) Speed Safety Cameras (where 

permitted by State/local laws): 

* * * * * 

(20) Public information and traveler 

information; 

* * * * * 

(22) Protection vehicles; and 

(23) Intelligent Transportation 

Systems (ITS) and other advanced 

technology solutions and strategies. 

* * * * * 

■ 7. Amend § 630.1110 by revising 

footnote 1 to read as follows: 

§ 630.1110 Maintenance of temporary 

traffic control devices. 

* * * * * 

1The American Traffic Safety 

Services Association’s (ATSSA) Quality 

Guidelines for Work Zone Traffic 

Control Devices uses photos and written 

descriptions to help judge when a traffic 

control device has outlived its 

usefulness. These guidelines are 

available for purchase from ATSSA 

through the following URL: https://

www.atssa.com/ATSSA-Store/ProductMiscellaneous#/storefront/9df4b401- 

c3e9-e811-a863-000d3a140bb5. Similar 

guidelines are available from various 

State highway agencies. The Illinois 

Department of Transportation ‘‘Quality 

Standards for Work Zone Traffic Control 

Devices’’ is available online at https://

idot.illinois.gov/Assets/uploads/files/ 

Doing-Business/Manuals-Guides-&- 

Handbooks/Highways/SafetyEngineering/Traffic%20Control%20

Field%20Manual%20

for%20IDOT%20Employees%20

(April%202016).pdf. The Minnesota 

Department of Transportation ‘‘Quality 

Standards—Methods to determine 

whether the various traffic control 

devices are Acceptable, Marginal, or 

Unacceptable’’ is available online at 

http://www.dot.state.mn.us/trafficeng/ 

publ/fieldmanual/qualitystandards.pdf. 

[FR Doc. 2023–19701 Filed 9–19–23; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2023–0008; Notice No. 

226] 

RIN 1513–AD00 

Proposed Establishment of the Nine 

Lakes of East Tennessee 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 4,064- 

square mile ‘‘Nine Lakes of East 

Tennessee’’ viticultural area in 

northeastern 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 

November 20, 2023. 

ADDRESSES: You may submit comments 

to TTB on this proposal electronically 

using the comment form for this 

document posted within Docket No. 

TTB–2023–0008 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. 226. 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 

approval nor an endorsement by TTB of 

the wine produced in that area. 


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1www.ninelakeswinecountry.com. 

2www.ninelakeswinefestival.com. 

3 easttnvacations.com. 

4 tnvacation.com/articles/pet-friendly-placesexplore-tennessee. 

5 smliv.com/travel/east-tennessee-road-trips. 

6 Visitfarragut.org/stay. 

7https://www.benjaminfranklinplumbing.com/ 

nashville/about-us/blog/2021/august/16-tips-toconserve-water/. 

8 traveltips.usatoday.com/tourism-tennessee14618.html. 

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. 

Nine Lakes of East Tennessee Petition 

TTB received a petition from the 

Appalachian Region Wine Producers 

Association, proposing the 

establishment of the ‘‘Nine Lakes of East 

Tennessee’’ AVA. The proposed Nine 

Lakes of East Tennessee AVA is in 

Anderson, Blount, Campbell, Claiborne, 

Cocke, Grainger, Hamblen, Jefferson, 

Knox, Loudon, Monroe, Roane, Sevier, 

and Union Counties, in Tennessee. The 

proposed AVA contains approximately 

4,064 square miles (2,601,390 acres), 

with 232 acres of planted vineyards 

spread throughout the proposed AVA. 

There are also 29 wineries within the 

proposed AVA. According to the 

petition, there is at least one vineyard in 

each of the counties within the 

proposed AVA and a winery in all but 

two of the counties, demonstrating that 

commercial viticulture and winemaking 

take place throughout the entire 

proposed AVA. 

According to the petition, the 

distinguishing features of the proposed 

Nine Lakes of East Tennessee AVA 

include its geology, soils, 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 petition states that the proposed 

Nine Lakes of East Tennessee AVA is 

located entirely within the watershed of 

the Tennessee River and its tributaries. 

Within the region of the proposed AVA 

are nine lakes formed when the 

Tennessee Valley Authority (TVA) 

dammed the rivers to resolve issues 

with flooding, reforestation, and 

electricity production. According to the 

petition, the region has also been 

historically known as the Great Valley 

of East Tennessee. However, the 

petitioners chose not to propose that 

name as the Great Valley encompasses 

a much larger region than the proposed 

AVA. Because the proposed AVA only 

includes the area around the nine lakes 

created by the TVA, the petitioners 

believe that the name ‘‘Nine Lakes of 

East Tennessee’’ is a more appropriate, 

succinct, and descriptive name for the 

proposed AVA. 

The petition included evidence 

showing use of the ‘‘Nine Lakes of East 

Tennessee’’ name to describe the region 

of the proposed AVA. The petition 

contained a visitor’s guide to eastern 

Tennessee titled ‘‘9 Lakes of East 

Tennessee.’’ A website called ‘‘Nine 

Lakes Wine Country’’ provides 

information on the vineyards and 

wineries of the proposed AVA,1 and the 

annual ‘‘Nine Lakes Wine Festival’’ 

showcases wines made in the proposed 

AVA.2 A tourism website for the region 

encourages visitors to ‘‘[e]xplore all the 

9 Lakes of East Tennessee Region has to 

offer you.’’ 3 Another tourism website’s 

page on pet-friendly activities in 

Tennessee notes, ‘‘The communities 

surrounding Norris Lake, Cherokee 

Lake, Melton Hill Lake, Douglas Lake, 

Watts Bar Lake, Fort Loudon Lake, 

Tellico Lake, and Chilhowee & 

Calderwood Lakes—dubbed the 9 Lakes 

region—is a dog-friendly area that 

welcomes furry friends.’’ 4 A 2021 

Smoky Mountain Living Magazine 

article notes, ‘‘The 9 Lakes Region of 

East Tennessee is a road trip destination 

well known for its winding roads, 

mountain vistas, sparkling lakes, and 

beautiful waterfalls.’’ 5 The tourism 

website for the town of Farragut, 

Tennessee, located within the proposed 

AVA, features ‘‘The 9 Lakes Region’’ on 

its list of places to visit.6 An 

advertisement for a Tennessee plumbing 

company urges water conservation in 

the home by noting, ‘‘Between the 

Mighty Mississippi on the west and the 

9 Lakes Region on the east, Tennessee 

is rich in water resources.’’ 7 A 2019 

USA Today story about tourism in 

Tennessee states that the ‘‘9 Lakes 

Region provide[s] scenic views . . . .’’ 8

Boundary Evidence 

According to the petition, Tennessee 

is divided into three main regions: East, 

Middle, and West. East Tennessee is 

further divided into three geographic 

regions—the Blue Ridge Mountains, the 

Valley and Ridge Province, and the 

Cumberland Plateau region. The 

proposed Nine Lakes of East Tennessee 

AVA is located entirely within the 

Valley and Ridge Province and includes 

all or portions of the 14 counties that 

surround the nine lakes formed by TVA 

dams along the Tennessee River. The 

proposed northern boundary is formed 

by the Tennessee–Virginia State line to 

exclude counties in Virginia, which are 

not associated with the name ‘‘Nine 

Lakes of East Tennessee.’’ The proposed 

northern boundary also includes a 

portion of the Cumberland Gap National 

Historical Park boundary and excludes 

the park from the proposed AVA. The 

proposed eastern and southeastern 

boundaries follow county lines, 

National Park boundaries, and National 

Forest boundaries to exclude the 

Cherokee National Forest and the Great 

Smoky Mountain National Park, which 

are not available for commercial 

viticulture due to their status as public 

lands. The proposed southwestern and 

western boundaries generally follow 

county lines to exclude portions of the 

counties that are associated with the 

Cumberland Plateau or Cumberland 

Escarpment, rather than the Valley and 

Ridge Province and the nine lakes of the 

Tennessee River. 

Distinguishing Features 

The distinguishing features of the 

proposed Nine Lakes of East Tennessee 

AVA include its geology, soils, 

topography, and climate. 

Geology 

The geology of the proposed Nine 

Lakes of East Tennessee AVA consists 

almost entirely of sedimentary rocks 

initially deposited during the Paleozoic 

era, when an ocean covered much of 

eastern North America. The bedrock 

consists of alternating beds of limestone, 

dolomite, shale, and sandstone. As the 

Euro-African tectonic plate and the 


lotter on DSK11XQN23PROD with PROPOSALS1
64848 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Proposed Rules 

9See 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. 

10Twelve stations were within the proposed 

AVA: 4 to the northeast; 2 each to the east, south, 

and southwest; and 3 each to the west and 

northeast. For a map showing the location of each 

weather station, see the map prior to the tables in 

the petition as well as Table 1 in the petition, which 

is posted in Docket No. TTB–2023–0008 at https:// 

www.regulations.gov. 

North American tectonic plate collided, 

the sediments and rock between them 

folded and fractured, resulting in the 

southwest-to-northeast orientation of 

the ridges and valleys within the 

proposed AVA. The petition states that 

this orientation of the ridges and valleys 

provides vineyard owners the ability to 

select locations with slope aspects 

which allow for first light on the 

vineyards to dry the heavy dew and 

thus help in disease prevention. 

Additionally, the slope aspects shade 

the vines from the evening sun and thus 

prevent excessive heat on the grape 

clusters. 

The petition states that the geology to 

the north and south of the proposed 

AVA is similar to that of the proposed 

AVA, given that all three locations are 

within the Valley and Ridge Province. 

To the east of the proposed AVA is the 

Appalachian Mountain system, which is 

comprised of Lower Paleozoic 

limestone, dolomite, and shale with 

exposures of Precambrian igneous and 

metamorphic basement rocks such as 

tuff, rhyolite, granite, schist, and 

quartzite, as well as Precambrian 

sedimentary and metamorphic 

sandstone, conglomerate, arkose, and 

siltstone. To the west of the proposed 

AVA are the Cumberland Plateau and 

Cumberland Escarpment, which are the 

results of the continental collisions 

uplifting highly resistant caprock of 

Pennsylvanian age sandstone and 

conglomerate. 

Soils 

The soils of the proposed Nine Lakes 

of East Tennessee AVA are categorized 

in the Ultisols soil order. According to 

the petition, soils of this order are 

characterized as ‘‘strongly leached, acid 

forest soils with low native fertility’’ 

and have clay-enriched subsoil. Because 

of the acidity and low fertility of the 

soils, the petition states that timely 

application of fertilizer and lime in 

vineyards are important in maximizing 

grape yields. The depth of these soils 

ranges from shallow on the sandstone 

and shale ridges to very deep in the 

valleys and on large limestone 

formations. The soils have an udic soil 

moisture regime, meaning that the 

amount of stored moisture plus rainfall 

is approximately equal to or exceeds the 

amount of evapotranspiration. The soil 

temperature is predominantly thermic, 

meaning that at a depth of 20 inches, the 

soils have an average annual 

temperature of 59 to 72 degrees 

Fahrenheit (F). 

To the north and south of the 

proposed AVA, the soils are similar, 

because all three regions are in the 

Valley and Ridge Province. To the east 

of the proposed AVA, in the Blue Ridge 

Mountains, soils are commonly welldrained and acidic and can be shallow 

to very deep. The primary soil order is 

Inceptisols (which lack significant clay 

accumulation in the subsoils) and, to a 

significantly lesser extent, Ultisols. The 

soils have an udic soil moisture regime, 

and the soil temperature regime is mesic 

(average annual soil temperature of 47 

to 59 degrees F) or frigid (average 

annual soil temperature lower than 46.4 

degrees F). West of the proposed AVA, 

in the Cumberland Plateau and 

Cumberland Escarpment, the main soil 

orders are Inceptisols and Ultisols with 

a thermic or mesic soil temperature 

regime and an udic soil moisture 

regime. 

Topography 

As previously discussed, the 

proposed Nine Lakes of East Tennessee 

AVA is within the Valley and Ridge 

geologic province and is characterized 

by very long linear valleys paralleled by 

ridges, all running northeast to 

southwest. Within the proposed AVA, 

elevations range between 1,100 to 1,500 

feet in the ridges and 700 to 1,000 feet 

in the valleys. The Valley and Ridge 

Province continues to the north and 

south of the proposed AVA. However, 

the petition notes that elevations in the 

northern portion of the Valley and Ridge 

Province are higher than within the 

proposed AVA, and elevations in the 

southern portion of the province are 

lower. East of the proposed AVA are the 

Blue Ridge Mountains, with elevations 

between 1,000 and 6,643 feet. West of 

the proposed AVA is the Cumberland 

Plateau and Cumberland Escarpment, 

which have average elevations between 

1,500 and 1,800 feet. According to the 

petition, the proposed AVA’s location 

between higher elevations to the east 

and west have an effect on climate, 

which is discussed in more detail in the 

following section. 

Climate 

According to the petition, due to the 

influence of elevation, the proposed 

Nine Lakes of East Tennessee AVA is 

generally warmer than all surrounding 

regions except the region to the south. 

The petition states that, in general, 

temperatures decrease an average of 

three degrees F for every 1,000 feet in 

elevation, meaning that the higherelevation regions to the north, east, and 

west of the proposed AVA can be 

expected to have generally cooler 

climates than the proposed AVA. The 

regions to the south and southwest of 

the proposed AVA, which have lower 

elevations, are generally warmer than 

the proposed AVA. The petition 

describes the proposed AVA’s climate 

as ‘‘well-suited to growing a wide 

variety of wine grapes, including 

vinifera, hybrid, native, and muscadine 

varietals.’’ The petition notes that grape 

varietals grown in warm climates, like 

that of the proposed AVA, generally 

produce ‘‘bigger, bolder wines with 

higher alcohol, soft acidity, a fuller 

body, and more dark or lush fruit 

flavors.’’ By contrast, grapes grown in 

cooler climates often produce wines 

‘‘that are more subtle with lower 

alcohol, crisp acidity, a lighter body, 

and typically bright fruit flavors.’’ 

To support the climate claims, the 

petition includes data on the growing 

season length, average maximum and 

minimum temperatures, growing degree 

days (GDDs),9 USDA plant hardiness 

zones, and precipitation amounts for the 

proposed AVA and each of the 

surrounding regions. The petition 

gathered data from 12 weather stations 

within the proposed AVA and 16 

weather stations outside the proposed 

AVA.10 The following tables, which 

were included in the petition, 

summarize the climate data for the 

locations within the proposed AVA and 

the surrounding regions. 


lotter on DSK11XQN23PROD with PROPOSALS1
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11 Defined as the period between last spring frost 

and first fall frost. 

12 Growing season data was not available for the 

Jefferson City and Kingston stations within the 

proposed AVA, the Mt. LeConte station to the east, 

the Sewanee station to the southwest, and the 

Newcomb station to the northwest. For individual 

station growing season data, see Table 5 in the 

petition, which is posted in Docket No. TTB–2023– 

0008 at https://www.regulations.gov. 13For average monthly and growing season GDD 

accumulations for each location, see Table 7 in 

petition, which is posted in Docket No. TTB–2023– 

0008 at https://www.regulations.gov. 

14For average monthly maximum and minimum 

temperatures for each location, see Tables 2 and 3 

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

2023–0008 at https://www.regulations.gov. 

15For average monthly growing season 

temperatures for each location, see Table 4 in the 

petition, which is posted in Docket No. TTB–2023– 

0000 at https://www.regulations.gov. 

TABLE 1—MEAN GROWING SEASON 11 LENGTH IN DAYS

Region 12 Minimum Maximum Mean 

Within Proposed AVA ................................................................................................ 188 233 212.8 

Northeast ................................................................................................................... 169 220 202 

East ............................................................................................................................ 190 200 190 

South .......................................................................................................................... 217 242 229.5 

Southwest .................................................................................................................. 227 227 227 

West ........................................................................................................................... 205 227 212.33 

Northwest ................................................................................................................... 194 209 201.5 

The growing season data indicates 

that the average growing season in the 

proposed Nine Lakes of East Tennessee 

AVA is longer than the growing seasons 

in each of the surrounding regions 

except the regions to the south and 

southwest. 

TABLE 2—AVERAGE GROWING SEASON GROWING DEGREE DAY ACCUMULATIONS 13

Region GDD 

accumulation 

Winkler climate 

region 

Within proposed AVA .................................................................................................................................. 3,837 IV 

Northeast ..................................................................................................................................................... 3,374 III 

East .............................................................................................................................................................. 1,905 II 

South ............................................................................................................................................................ 4,323 V 

Southwest .................................................................................................................................................... 3,733 IV 

West ............................................................................................................................................................. 3,804 IV 

Northwest ..................................................................................................................................................... 3,329 III 

Although climate of the proposed 

AVA can be classified as a Winkler 

Region IV, which is similar to that of the 

regions to the southwest and west, the 

proposed AVA accumulates more GDDs 

overall than each of the surrounding 

regions except the region to the south. 

TABLE 3—AVERAGE MAXIMUM AND MINIMUM ANNUAL TEMPERATURES 14

Region Average maximum 

temperature 

Average minimum 

temperature 

Within proposed AVA .................................................................................................................................. 69 45 

Northeast ..................................................................................................................................................... 67 43 

East .............................................................................................................................................................. 60 38 

South ............................................................................................................................................................ 71 48 

Southwest .................................................................................................................................................... 66 47 

West ............................................................................................................................................................. 68 46 

Northwest ..................................................................................................................................................... 66 44 

TABLE 4—AVERAGE GROWING SEASON (APRIL–OCTOBER) TEMPERATURES 15 AND PLANT HARDINESS ZONES

Region 

Average growing 

season 

temperature 

Plant hardiness 

zone 

Within proposed AVA .................................................................................................................................. 67 7a 

Northeast ..................................................................................................................................................... 65 6b 

East .............................................................................................................................................................. 58 6b 

South ............................................................................................................................................................ 70 7b 

Southwest .................................................................................................................................................... 67 7a 

West ............................................................................................................................................................. 67 6b 

Northwest ..................................................................................................................................................... 65 6b 


lotter on DSK11XQN23PROD with PROPOSALS1
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16For average monthly precipitation amounts for 

each location, see Table 8 in the petition, which is 

posted in Docket No. TTB–2023–0008 at https://

www.regulations.gov. 

17 Defined in the petition as April through 

October. 

18 Defined in the petition as December, January, 

and February. 

19 Defined as the total precipitation from all 12 

months. 

The petition states that temperatures 

within the proposed AVA will vary due 

to elevation, with the low valleys being 

warmer than the higher ridges. Overall, 

minimum temperatures in the proposed 

AVA are higher than each of the 

surrounding regions except the regions 

to the south, southwest, and west. 

Maximum temperatures within the 

proposed AVA are higher than each 

region except the south. The average 

growing season temperature within the 

proposed AVA is the same as in the 

regions to the southwest and west, 

lower than the region to the south, and 

higher than in the regions to the east, 

northeast, and northwest. 

The proposed AVA is categorized in 

hardiness zone 7a, meaning that annual 

extreme minimum temperatures are 

between 5 and 0 degrees F. The higherelevation regions to the east, northeast, 

west, and northeast, are in zone 6b, 

meaning that annual extreme minimum 

temperatures are lower than within the 

proposed AVA. The lower-elevation 

region to the south of the proposed AVA 

is in zone 7b, which has higher annual 

extreme minimum temperatures than 

the proposed AVA. 

Finally, the petition provided 

information on the average annual, 

growing season, and winter 

precipitation amounts for locations 

within the proposed Nine Lakes of East 

Tennessee AVA and the surrounding 

regions. 

TABLE 5—PRECIPITATION AMOUNTS

[In inches] 16

Region Growing season 

precipitation 17

Winter 

precipitation 18

Annual 

precipitation 19

Within proposed AVA ................................................................................................ 28.57 13.84 51.09 

Northeast ................................................................................................................... 25.75 11.15 43.76 

East ............................................................................................................................ 34.96 13.78 58.12 

South .......................................................................................................................... 28.56 14.65 53.16 

Southwest .................................................................................................................. 33.13 16.09 60.19 

West ........................................................................................................................... 30.11 14.50 54.48 

Northwest ................................................................................................................... 30.66 13.74 53.45 

According to the petition, the higher 

elevations of the Cumberland Plateau to 

the west and northwest of the proposed 

AVA and the Blue Ridge Mountains to 

the east of the proposed AVA act as a 

shield to block the heaviest rainfall from 

entering the proposed Nine Lakes of 

East Tennessee AVA. The proposed 

AVA receives less rainfall annually and 

during the growing season than each of 

the surrounding regions except the 

region to the northeast. The region to 

the south of the proposed AVA has 

similar growing season rainfall amounts, 

but still has greater annual rainfall 

amounts. The petition also notes that 

the lowest rainfall amounts in the 

proposed AVA occur in August, 

September, and October, which aids in 

the ripening and harvest of the grapes; 

only the region to the northeast has 

lower precipitation amounts during 

those three months. 

Summary of Distinguishing Features 

In summary, the geology, soils, 

topography, and climate of the proposed 

Nine Lakes of East Tennessee AVA 

distinguish it from the surrounding 

regions. The following table shows the 

characteristics of the proposed AVA 

compared to the features of the 

surrounding regions. 

TABLE 6—FEATURES OF PROPOSED AVA AND SURROUNDING REGIONS

Region 

(location) 

Features 

Geology Soils Topography Climate 

Proposed 

AVA.

Valley and Ridge 

Province; sedimentary rocks initially deposited 

during the Paleozoic era; bedrock 

of alternating 

beds of limestone, dolomite, 

shale, and sandstone.

Ultisols soil order; 

udic soil moisture 

regime; thermic 

soil temperature 

regime; strongly 

leached, acid forest soils with low 

native fertility; 

depth ranges 

from shallow to 

very deep.

Elevations between 

700 and 1,500 

feet; long, linear 

valleys paralleled 

by ridges; northeast-to-southwest 

orientation.

Mean growing season length of 212.8 days; 3,837 GDDs 

(Region IV); average Maximum temperature 69 degrees F; 

average minimum temperature 45 degrees F; average 

growing season temperature 67 degrees F; plant hardiness zone 7a; average growing season precipitation 28.57 

inches; average winter precipitation 13.84 inches; average 

annual precipitation 51.09 inches. 

North ........... Similar to proposed 

AVA.

Similar to proposed 

AVA.

Higher elevations ... N/A. 


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Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Proposed Rules 64851 

TABLE 6—FEATURES OF PROPOSED AVA AND SURROUNDING REGIONS—Continued 

Region 

(location) 

Features 

Geology Soils Topography Climate 

Northeast ..... N/A ......................... N/A ......................... N/A ......................... Mean growing season length of 202 days; 3,374 GDDs (Region III); Average maximum temperature 67 degrees F; 

average minimum temperature 43 degrees F; average 

growing season temperature 65 degrees F; plant hardiness zone 6b; average growing season precipitation 25.75 

inches; average winter precipitation 11.15 inches; average 

annual precipitation 43.76 inches. 

East ............. Appalachian Mountain system; comprised of Lower 

Paleozoic limestone, dolomite, 

and shale with 

exposures of 

Precambrian igneous and metamorphic basement rocks such 

as tuff, rhyolite, 

granite, schist, 

and quartzite, as 

well as 

Precambrian sedimentary and 

metamorphic 

sandstone, conglomerate, 

arkose, and 

siltstone.

Primarily Inceptisols 

soil order with 

some Ultisols; 

udic soil moisture 

regime; mesic or 

frigid soil temperature regime; 

well-drained, acidic soils.

Elevations between 

1,000 and 6,643 

feet.

Mean growing season length of 190 days; 1,905 GDDs (Region II); average maximum temperature 60 degrees F; average minimum temperature 38 degrees F; average growing season temperature 58 degrees F; plant hardiness 

zone 6b; average growing season precipitation 34.96 

inches; average winter precipitation 13.78 inches; average 

annual precipitation 58.12 inches. 

South ........... Similar to proposed 

AVA.

Similar to proposed 

AVA.

Lower elevations .... Mean growing season length of 229.5 days; 4,323 GDDs 

(Region V); Average maximum temperature 71 degrees F; 

average minimum temperature 48 degrees F; average 

growing season temperature 70 degrees F; plant hardiness zone 7b; average growing season precipitation 

28.56; average winter precipitation 14.65 inches; average 

annual precipitation 53.16 inches. 

Southwest ... N/A ......................... N/A ......................... N/A ......................... Mean growing season length of 227 days; 3,733 GDDs (Region IV); average maximum temperature 66 degrees F; 

average minimum temperature 47 degrees F; average 

growing season temperature 67 degrees; plant hardiness 

zone 7a; average growing season precipitation 33.13 

inches; average winter precipitation 16.09 inches; average 

annual precipitation 60.19 inches. 

West ............ Cumberland Plateau 

and Cumberland 

Escarpment; highly resistant 

caprock of Pennsylvanian age 

sandstone and 

conglomerate.

Inceptisols and 

Ultisols soil orders; thermic or 

mesic soil temperature regime; 

udic soil moisture 

regime.

Elevations between 

1,500 and 1,800 

feet.

Mean growing season length of 212.33 days; 3,804 GDDs 

(Region IV); average maximum temperature 68 degrees F; 

average minimum temperature 46 degrees F; average 

growing season temperature 67 degrees F; plant hardiness zone 6b; average growing season precipitation 30.11 

inches; average winter precipitation 14.50 inches; average 

annual precipitation 54.48 inches. 

Northwest .... N/A ......................... N/A ......................... N/A ......................... Mean growing season length of 201.5 days; 3,329 GDDs 

(Region III); average maximum temperature 66 degrees F; 

average minimum temperature 44 degrees F; average 

growing season temperature 65 degrees F; plant hardiness zone 6b; average growing season precipitation 

30.66; average winter precipitation 13.74 inches; average 

annual precipitation 53.45 inches. 

TTB Determination 

TTB concludes that the petition to 

establish the proposed Nine Lakes of 

East Tennessee 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 Nine Lakes of East 

Tennessee AVA boundary on the AVA 

Map Explorer on the TTB website, at 


lotter on DSK11XQN23PROD with PROPOSALS1
64852 Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Proposed Rules 

https://www.ttb.gov/wine/ava-mapexplorer. 

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, ‘‘Nine Lakes of East 

Tennessee,’’ 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 ‘‘Nine Lakes of East Tennessee’’ 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 Nine 

Lakes of East Tennessee 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 Nine 

Lakes of East Tennessee AVA on wine 

labels that include the term ‘‘Nine Lakes 

of East Tennessee’’ 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. 226 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 of September 30, 

1993. 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 Nine Lakes of East Tennessee. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Nine 

Lakes of East Tennessee’’. For purposes 

of part 4 of this chapter, ‘‘Nine Lakes of 

East Tennessee’’ is a term of viticultural 

significance. 

(b) Approved maps. The 6 United 

States Geological Survey (USGS) 

1:100,000 scale topographic maps used 

to determine the boundary of the Nine 

Lakes of East Tennessee viticultural area 

are: 

(1) Middlesboro, KY-Tenn.-VA, 1977; 

(2) Morristown, Tennessee, 1981; 

(3) Knoxville, Tenn.-N.C., 1983; 

(4) Oak Ridge, Tennessee, 1979; 

(5) Watts Bar Lake, Tennessee, 1981; 

and 

(6) Cleveland, Tennessee-N.C., 1981. 

(c) Boundary. The Nine Lakes of East 

Tennessee viticultural area is located in 

Anderson, Blount, Campbell, Claiborne, 

Cocke, Grainger, Hamblen, Jefferson, 

Knox, Loudon, Monroe, Roane, Sevier, 

and Union Counties, Tennessee. The 

boundary of the viticultural area is as 

described as follows: 

(1) The beginning point is on the 

Middlesboro map at the intersection of 

the shared Hancock-Claiborne County 

line and the shared Virginia-Tennessee 

State line. From the beginning point, 

proceed west along the VirginiaVerDate Sep<11>2014 16:23 Sep 19, 2023 Jkt 259001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM 20SEP1

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Federal Register / Vol. 88, No. 181 / Wednesday, September 20, 2023 / Proposed Rules 64853 

Tennessee State line for 10.13 miles to 

the boundary of the Cumberland Gap 

National Historical Park; then 

(2) Proceed southwest, then northwest 

along the park boundary for 

approximately 4.78 miles to its 

intersection with the 500-meter 

elevation contour on Powell Mountain; 

then 

(3) Proceed southwest, then northeast, 

then southwest along the meandering 

500-meter elevation contour for 

approximately 11.18 miles, crossing 

onto the Morristown map, and 

continuing along the 500-meter 

elevation contour for approximately 

10.38 miles, crossing onto the Oak Ridge 

map, and continuing along the 500- 

meter elevation contour for 8.7 miles to 

the point where it turns sharply 

northeast just east of Highway 25W and 

north of Lafollette; then 

(4) Proceed west in a straight line for 

approximately 0.49 mile, crossing over 

Highway 25W, to the 500-meter 

elevation contour; then 

(5) Proceed southwest, then northeast 

along the 500-meter elevation contour 

for approximately 7.46 miles to its 

intersection with and unnamed 

tributary of Bruce Creek; then 

(6) Proceed west in a straight line to 

Interstate 75; then 

(7) Proceed south in a straight line for 

approximately 6.34 miles to the 

intersection of the Campbell and 

Anderson County lines; then 

(8) Proceed south along the shared 

Campbell-Anderson County line for 

approximately 6.28 miles, crossing over 

Stony Fork, to the intersection with an 

unnamed trail running southwest-tonortheast along Windrock Mountain; 

then 

(9) Proceed southwest in a straight 

line for 9.26 miles to the intersection 

with the shared Anderson-Morgan 

County line; then 

(10) Proceed southeast along the 

Anderson-Morgan County line for 

approximately 5.59 miles to its 

intersection with the Roane County line; 

then 

(11) Proceed southwest along the 

shared Roane-Morgan County line for 

approximately 5.65 miles, crossing onto 

the Watts Bar Lake map, and continuing 

along the Roane-Morgan County line to 

its intersection with the Cumberland 

County line; the 

(12) Proceed southwest in a straight 

line for approximately 8.82 miles to the 

intersection of the Roane and Rhea 

County lines and State Road 29; then 

(13) Proceed southerly along the 

shared Roane-Rhea County line for 

approximately 5.47 miles to its 

intersection with the Meigs County line; 

then 

(14) Proceed south-southeast along 

the Roane-Meigs County line to its 

intersection with the McMinn County 

line; then 

(15) Proceed east along the shared 

Roane-McMinn County line for 1.8 

miles to the intersection with the 

Loudon County line; then 

(16) Proceed south, then easterly 

along the shared Loudon-McMinn 

County line to its intersection with the 

Monroe County line; then 

(17) Proceed south, then southeast 

along the shared McMinn-Monroe 

County line for approximately 10.56 

miles, crossing onto the Cleveland, 

Tennessee-North Carolina map, and 

continuing along the shared McMinnMonroe County line for approximately 

13.67 miles to the intersection with an 

unnamed highway known locally as 

State Road 39/Mecca Highway; then 

(18) Proceed southeast along State 

Road 39 for approximately 3.04 miles to 

its intersection with the Cherokee 

National Forest boundary, which is 

concurrent with Conasauga Creek; then 

(19) Proceed southeasterly, then 

northerly along the Cherokee National 

Forest boundary for approximately 

23.67 miles, crossing onto the Watts Bar 

Lake map, and continue northeasterly, 

then easterly along the forest boundary 

for approximately 15.35 miles as it 

meanders east through Tellico Lake and 

becomes concurrent with the BlountMonroe County line and crosses onto 

the Knoxville, Tennessee-North 

Carolina map, to the forest boundary’s 

intersection with Abrams Creek; then 

(20) Proceed north in a straight line 

for approximately 1,500 feet to the Great 

Smoky Mountains National Park 

boundary; then 

(21) Proceed northeast, then 

southeast, then northeast along the park 

boundary line for a total of 

approximately 51.47 miles to its 

intersection with the shared CockeSevier County line near Rocky Grove; 

then 

(22) Proceed northeast in a straight 

line for 6.15 miles to the intersection of 

the Cherokee National Forest boundary 

with Highway 321/State Road 32 and 

Rabbit Branch near Allen Grove; then 

(23) Proceed east along the forest 

boundary for 1.99 miles to its 

intersection with Interstate 40; then 

(24) Proceed north along Interstate 40 

for 2.98 miles to its intersection with 

Highway 321; then 

(25) Proceed northeast along the forest 

boundary for 3.12 miles to its 

intersection with State Road 73 at 

Edwina; then 

(26) Proceed northeast in a straight 

line for 9.2 miles, crossing onto the 

Morristown map, and continuing 

northeast in a straight line for 4.16 miles 

to the shared Greene-Cocke County line; 

then 

(27) Proceed northwest along the 

Greene-Cocke County line to its 

intersection with the Hamblen County 

line; then 

(28) Proceed northeast along the 

Hamblen-Greene County line to its 

intersection with the Hawkins County 

line; then 

(29) Proceed northwest, then 

southwest along the Hawkins-Hamblen 

County line to its intersection with the 

Grainger County line; then 

(30) Proceed northwesterly along the 

Hawkins-Grainger County line to its 

intersection with the Hancock County 

line; then 

(31) Proceed west along the GraingerHancock County line to its intersection 

with the Claiborne County line; then 

(32) Proceed north along the HancockClaiborne County line for approximately 

8.14 miles, crossing onto the 

Middlesboro map, and continuing 

northwest along the Hancock-Claiborne 

county line for approximately 8.51 

miles to return to the beginning point. 

Signed: September 8, 2023. 

Mary G. Ryan, 

Administrator. 

Approved: September 11, 2023. 

Thomas C. West, Jr., 

Deputy Assistant Secretary (Tax Policy). 

[FR Doc. 2023–20346 Filed 9–19–23; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 926 

[SATS No. MT–042–FOR; Docket ID: OSM– 

2023–0007; S1D1S SS08011000 SX064A000 

222S180110; S2D2S SS08011000 

SX064A000 22XS501520] 

Montana Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period reopening and opportunity for 

public hearing on proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSMRE), are reopening the public 

comment period due to a request for an 

extension of the public comment period 

to a proposed amendment to the 

Montana regulatory program 

(hereinafter, the Montana program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 


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