716 Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Proposed Rules 

The provisions must also require the 

participant to include similar terms or 

conditions of compliance in lower-tier 

covered transactions. 

Subparts E and F [Reserved] 

Subpart G—Suspension 

§ 1600.765 How may I request 

reconsideration of my DFC suspension? 

(a) If the DFC suspending official 

issues a decision under 2 CFR 180.755 

to continue your suspension after you 

present information in opposition to 

that suspension under 2 CFR 180.720, 

you can ask the suspending official to 

reconsider the decision for material 

errors of fact or law that you believe will 

change the outcome of the matter. 

(b) A request for review under this 

section must be in writing; state the 

specific findings you believe to be in 

error; and include the reasons or legal 

bases for your position. 

(c) The suspending official must 

notify you of their decisions under this 

section, in writing, using the notice 

procedures at 2 CFR 180.615 and 

180.975. 

Subpart H—Debarment 

§ 1600.890 How may I request 

reconsideration of my DFC debarment? 

(a) If the DFC debarring official issues 

a decision under 2 CFR 180.870 to debar 

you after you present information in 

opposition to a proposed debarment 

under 2 CFR 180.815, you can ask the 

debarring official to reconsider the 

decision for material errors of fact or 

law that you believe will change the 

outcome of the matter. 

(b) A request for review under this 

section must be in writing; state the 

specific findings you believe to be in 

error; and include the reasons or legal 

bases for your position. 

(d) The debarring official must notify 

you of their decisions under this 

section, in writing, using the notice 

procedures at 2 CFR 180.615 and 

180.975. 

Subpart I—Definitions 

§ 1600.930 Debarring official. 

The debarring official for DFC is the 

Vice President & Chief Administrative 

Officer, Office of Administration, or 

designee as delegated in Agency policy. 

§ 1600.1010 Suspending official. 

The suspending official for DFC is the 

Vice President & Chief Administrative 

Officer, Office of Administration, or 

designee as delegated in Agency policy. 

Subpart J [Reserved] 

Dated: December 14, 2023. 

Dev Jagadesan, 

Deputy General Counsel, Office of the General 

Counsel, U.S. International Development 

Finance Corporation. 

[FR Doc. 2023–28838 Filed 1–4–24; 8:45 am] 

BILLING CODE 3210–02–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2023–0011; Notice No. 

229] 

RIN 1513–AD04 

Proposed Establishment of the Tryon 

Foothills Viticultural Area 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau (TTB) proposes 

establishing the approximately 176- 

square mile ‘‘Tryon Foothills’’ 

viticultural area in Polk County, North 

Carolina. The proposed viticultural area 

is not within any other established 

viticultural area. TTB designates 

viticultural areas to allow vintners to 

better describe the origin of their wines 

and to allow consumers to better 

identify wines they may purchase. TTB 

invites comments on this proposed 

addition to its regulations. 

DATES: Comments must be received by 

March 5, 2024. 

ADDRESSES: You may electronically 

submit comments to TTB on this 

proposal using the comment form for 

this document posted within Docket No. 

TTB–2023–0011 on the Regulations.gov 

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

At the same location, you also may view 

copies of this document, the related 

petition and selected supporting 

materials, and any comments TTB 

receives on this proposal. A direct link 

to that docket is available on the TTB 

website at https://www.ttb.gov/wine/ 

notices-of-proposed-rulemaking under 

Notice No. 229. Alternatively, you may 

submit comments via postal mail to the 

Director, Regulations and Ruling 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, 1310 G Street NW, Box 

12, Washington, DC 20005. Please see 

the Public Participation section of this 

document for further information on the 

comments requested on this proposal 

and on the submission, confidentiality, 

and public disclosure of comments. 

FOR FURTHER INFORMATION CONTACT: 

Karen A. Thornton, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G Street 

NW, Box 12, Washington, DC 20005; 

phone 202–453–1039, ext. 175. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), 27 

U.S.C. 205(e), authorizes the Secretary 

of the Treasury to prescribe regulations 

for the labeling of wine, distilled spirits, 

and malt beverages. The FAA Act 

provides that these regulations should, 

among other things, prohibit consumer 

deception and the use of misleading 

statements on labels and ensure that 

labels provide the consumer with 

adequate information as to the identity 

and quality of the product. The Alcohol 

and Tobacco Tax and Trade Bureau 

(TTB) administers the FAA Act 

pursuant to section 1111(d) of the 

Homeland Security Act of 2002, 

codified at 6 U.S.C. 531(d). In addition, 

the Secretary of the Treasury has 

delegated certain administrative and 

enforcement authorities to TTB through 

Treasury Order 120–01. 

Part 4 of the TTB regulations (27 CFR 

part 4) authorizes TTB to establish 

definitive viticultural areas and regulate 

the use of their names as appellations of 

origin on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) sets forth 

standards for the preparation and 

submission of petitions for the 

establishment or modification of 

American viticultural areas (AVAs) and 

lists the approved AVAs. 

Definition 

Section 4.25(e)(1)(i) of the TTB 

regulations (27 CFR 4.25(e)(1)(i)) defines 

a viticultural area for American wine as 

a delimited grape-growing region having 

distinguishing features as described in 

part 9 of the regulations and, once 

approved, a name and a delineated 

boundary codified in part 9 of the 

regulations. These designations allow 

vintners and consumers to attribute a 

given quality, reputation, or other 

characteristic of a wine made from 

grapes grown in an area to the wine’s 

geographic origin. The establishment of 

AVAs allows vintners to describe more 

accurately the origin of their wines to 

consumers and helps consumers to 

identify wines they may purchase. 

Establishment of an AVA is neither an 


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1http://lakeshillsandhorses.com/blog. 

2https://www.romanticasheville.com/winecountry. 3https://www.airbnb.com/rooms/4297004. 

4https://Yondervacationrentals.com/vacationrentals/tryon. 

5https://www.tryonwinetours.com. 

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. 

Tryon Foothills Petition 

TTB received a petition from Cory J. 

Lillberg, vineyard manager of ParkerBinns Vineyard, proposing the ‘‘Tryon 

Foothills’’ AVA. Mr. Lillberg submitted 

the petition on behalf of Parker-Binns 

Vineyard and other local vineyard and 

winery operators. The proposed Tryon 

Foothills AVA is located in Polk 

County, North Carolina. It contains 

approximately 176 square miles, with 

five vineyards covering a total of 

approximately 77.70 acres spread 

throughout the proposed AVA. There 

are also four wineries within the 

proposed AVA. 

According to the petition, the 

distinguishing features of the proposed 

Tryon Foothills AVA include its 

topography and climate. Unless 

otherwise noted, all information and 

data pertaining to the proposed AVA is 

from the petition and its supporting 

exhibits. 

Name Evidence 

The proposed Tryon Foothills AVA is 

located in the Inner Piedmont region of 

the Blue Ridge Mountains of North 

Carolina and includes the town of 

Tryon. The petition states that the Inner 

Piedmont region is commonly referred 

to as the ‘‘foothills’’ of the Blue Ridge 

Mountains. For example, the petition 

references the Tryon Fitness and Health 

Club, which states on its website that it 

is ‘‘located in the beautiful foothills of 

Tryon, NC. . . .’’ The petition also 

notes that the website of Polk County 

Schools, which serves the region of the 

proposed AVA and is headquartered in 

Columbus, North Carolina, states that its 

schools are ‘‘. . . in a small, mostly 

rural county in the foothills of the Blue 

Ridge Mountains.’’ A real estate 

company serving the proposed AVA has 

a section on its website describing ‘‘Fall 

in Tryon’s Foothills.’’ 1 The petition 

provides other examples of business or 

organizations within or serving the 

proposed AVA that use the term 

‘‘foothills’’ including the Carolina 

Foothills Chamber of Commerce, 

Foothills Community Chapel, Grace 

Foothills Church, the Foothills 

Equestrian Nature Center, the Foothills 

Astronomical Society, Foothills Fine 

Art, Foothills Pharmacy, and the 

Foothills Music Club. 

The petition also includes examples 

of use of the term ‘‘Tryon Foothills’’ to 

describe the region of the proposed 

AVA. A travel website encourages 

visitors to ‘‘[u]nwind at the picturesque 

vineyards in the Tryon Foothills Wine 

Country.’’ 2 A listing on a vacation 

rental website offers a home that is 

available for a ‘‘Tryon Foothills 

Getaway.’’ 3 A second vacation rental 

website also features rentals ‘‘in the 

Tryon Foothills.’’ 4 The Tryon Foothills 

Classic is an annual horse jumping 

event held in the proposed AVA. A 

limousine service offers tours of the 

wineries of the ‘‘Tryon foothills.’’ 5

Finally, Tryon Foothills Realty is a real 

estate agency located in Tryon. 

Boundary Evidence 

The proposed Tryon Foothills AVA is 

roughly shaped like a triangle with the 

apex pointing north. The proposed 

eastern boundary follows the shared 

Polk-Rutherford County line and 

separates the proposed AVA from lower 

elevations. The proposed southern 

boundary follows the shared North 

Carolina-South Carolina State line and 

separates the proposed AVA from 

regions that are not associated with the 

town of Tryon. The proposed western 

boundary follows the 1,200-foot 

elevation contour and separates the 

proposed AVA from the higher 

elevations of the Blue Ridge 

Escarpment. 

Distinguishing Features 

The distinguishing features of the 

proposed Tryon Foothills AVA include 

its topography and climate. 

Topography 

The proposed Tryon Foothills AVA is 

located on the western edge of the Inner 

Piedmont region of the Blue Ridge 

Mountains. The petition describes the 

Inner Piedmont as a region of low 

mountains and rolling hills. The average 

elevation within the proposed AVA is 

988 feet, while the maximum elevation 

is 1,656 feet and the minimum is 712 

feet. 

To the west and northwest of the 

proposed AVA are the Blue Ridge 

Escarpment and the Blue Ridge Plateau. 

The petition describes the Blue Ridge 

Escarpment as steep and rugged, while 

the Blue Ridge Plateau is an elevated 

massif of basins and ranges that 

constitutes the bulk of the Blue Ridge 

Mountains. Elevations in both of these 

regions are significantly higher than 

within the proposed AVA, with average 

elevations of 2,584 feet and 2,649 feet, 

respectively. The region to the northeast 

of the proposed AVA is also higher, 

with an average elevation of 1,652 feet. 

This region is comprised of portions of 

the Blue Ridge Escarpment and the 

Inner Piedmont, as well as the South 

Mountains. Elevations immediately east 

of the proposed AVA in the Inner 

Piedmont region are higher but then 

decline as the Inner Piedmont region 

gives way to the Carolina Superterrane. 

The average elevation east of the 

proposed AVA is 987 feet, while the 

maximum is 2,968 feet and the 

minimum is 567 feet. South of the 

proposed AVA is a continuation of the 

Inner Piedmont region, but the 

elevations are generally lower than 

within the proposed AVA. The average 

elevation south of the proposed AVA is 

880 feet, while the maximum and 

minimum elevations are 3,341 feet and 

390 feet, respectively. 

According to the petition, the 

proposed AVA’s topography contributes 

to the creation of a thermal belt. At 

night, warm air that has accumulated at 

high elevations loses its heat by 

conductive radiation. The air becomes 

cooler and heavier and begins to sink to 

lower elevations. As the cool air sinks, 

it displaces the warmer air at lower 

elevations. The warm air settles on the 

mountain slopes above the cascading 

cooler air and creates a warmer layer of 

air above the cooler air. This warmer 


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6See Albert J. Winkler, General Viticulture 

(Berkeley: University of California Press, 1974), pp. 

61–64. In the Winkler climate classification system, 

annual heat accumulation during the growing 

season, measured in annual Growing Degree Days 

(GDDs), defines climatic regions. One GDD 

accumulates for each degree Fahrenheit that a day’s 

mean temperature is above 50 degrees F, the 

minimum temperature required for grapevine 

growth. The Winkler scale regions are as follows: 

Region Ia: 1,500–2,000 GDDs; Region Ib: 2,000– 

2,500 GDDs; Region II: 2,500–3,000 GDDs; Region 

III: 3,000–3,500 GDDs; Region IV: 3,500–4,000 

GDDs; Region V: 4,000–4,900 GDDs. 

7The growing season is defined as the period 

from April 1 to October 31. 

8 Jones, G.V., Climate and Terroir Variability and 

Change on Wine: Presentation: In Fine Wine and 

Terroir—The Geoscience Perspective, McQueen, 

R.W., and Meinert, L.D. (eds.), Geoscience Canada 

Reprint Series Number 9, Geological Association of 

Canada, St. John’s Newfoundland, (2006), p. 247. 

layer is known as a thermal belt. Within 

the proposed Tryon Foothills AVA, the 

thermal belt results in warmer 

temperatures than are found in the 

surrounding regions. 

Climate 

To support the claim that the climate 

of the proposed Tryon Foothills AVA 

differs from that of the surrounding 

regions, the petition includes 

information on the average annual 

temperatures, average growing season 

temperatures, average growing season 

length, and average annual growing 

degree day 6 (GDD) accumulations for 

locations within the proposed AVA and 

the surrounding regions. The petition 

also included average annual and 

growing season precipitation amounts 

for the proposed AVA and the 

surrounding regions. All data was 

collected using the 1980–2010 climate 

normals. 

The petition states that, in general, the 

regions to the west, northwest, and 

northeast of the proposed AVA are 

cooler and have a greater range of 

average temperatures than the proposed 

AVA. The region south of the proposed 

AVA is warmer, as temperatures grow 

progressively warmer the farther south 

one travels from the proposed AVA. The 

proposed AVA and the region to the east 

have approximately the same average 

annual temperatures, but the region to 

the east has a lower average minimum 

temperature. 

TABLE 1—AVERAGE ANNUAL TEMPERATURES IN DEGREES FAHRENHEIT (F) 

Region Average minimum Average maximum Average 

Proposed AVA ..................................................................................................... 59 60 59.2 

Northwest ............................................................................................................. 47 59 54.1 

Northeast ............................................................................................................. 49 59 56.7 

East ...................................................................................................................... 53 60 59.1 

South .................................................................................................................... 54 61 60.3 

West ..................................................................................................................... 47 59 54.6 

The petition also categorizes average 

growing season temperatures 7

according to the Winegrape Climate/ 

Maturity Groupings classification 

system.8 Although a percentage of each 

of the regions fall into the ‘‘Hot’’ 

category, the proposed Tryon Foothills 

AVA is entirely within the ‘‘Hot’’ 

category, indicating a warmer growing 

season than the surrounding regions. 

According to the classification system, 

‘‘Hot’’ regions are most suitable for 

growing varietals of grapes such as 

Zinfandel, Grenache, and Cabernet 

Sauvignon. 

TABLE 2—DISTRIBUTION OF WINEGRAPE CLIMATE/MATURITY GROUPINGS

Region 

Percentage of region in each grouping 

Cool 

(55–59 degrees F) 

Intermediate 

(59–63 degrees F) 

Warm 

(63–67 degrees F) 

Hot 

(67–72 degrees F) 

Proposed AVA ................................................................. ................................ ................................ ................................ 100 

Northwest ......................................................................... 0.49 26.89 69.31 3.31 

Northeast ......................................................................... ................................ 8.93 22.21 68.86 

East .................................................................................. ................................ ................................ 2.03 97.97 

South ................................................................................ ................................ ................................ 2.72 97.28 

West ................................................................................. 0.72 9.77 76.41 13.10 

The petition included information on 

the average length of the growing season 

for the locations within the proposed 

AVA and the surrounding regions. 

Within each region there are a range of 

growing seasons based primarily on 

elevation. Although each region has a 

percentage of land within the 200–210 

day growing season range, the proposed 

AVA has the largest percentage of land 

within this range. Each of the 

surrounding regions also contains lands 

that have growing seasons that are as 

short as 170 days, while the shortest 

growing season length within the 

proposed AVA is between 190 and 200 

days. 

TABLE 3—GROWING SEASON LENGTH COMPARISON

Comparison areas 

Growing season length in days 

120–130 130–140 140–150 150–160 160–170 170–180 180–190 190–200 200–210 210–220 

Percentage of occurrence in each area 

Proposed AVA .............................. .............. .............. .............. .............. .............. .............. .............. 0.40 99.6 ..............

Northwest ..................................... 0.01 0.03 1.04 4.10 12.16 24.22 51.84 5.64 0.73 ..............


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9The North Carolina Winegrape Grower’s Guide: 

Raleigh, NC, North Carolina Cooperative Extension 

Service (E. Barclay Poling, Sara Spayd, eds., 2015), 

available at Content.ces.ncsu.edu/north-carolinawinegrape-growers-guide. A copy of the zone map 

is included in the petition as Figure 19 in Docket 

No. TTB–2023–0011 at https://

www.regulations.gov. 

10Rutherford County is located to the north, 

northeast, and east of Polk County. Cleveland 

County is adjacent to and due east of Rutherford 

County, while Gaston County is adjacent to and due 

east of Cleveland County. 

11See Figure 19 to the petition in Docket TTB– 

2023–0011 at https://www.regulations.gov. 

12 Defined in the petition as the period from April 

1 through October 1. 

TABLE 3—GROWING SEASON LENGTH COMPARISON—Continued 

Comparison areas 

Growing season length in days 

120–130 130–140 140–150 150–160 160–170 170–180 180–190 190–200 200–210 210–220 

Percentage of occurrence in each area 

Northeast ...................................... .............. .............. 0.09 0.50 3.03 6.76 13.48 42.74 33.41 ..............

East .............................................. .............. .............. .............. .............. .............. 0.09 1.31 7.17 91.43 ..............

South ............................................ .............. .............. .............. .............. .............. 1.12 1.55 3.14 87.26 6.93 

West ............................................. .............. 0.08 0.50 2.01 7.42 33.77 48.85 5.70 0.67 ..............

To further demonstrate the warm 

climate of the proposed Tryon Foothills 

AVA, the petition provided information 

on the GDDs of the proposed AVA and 

the surrounding regions. The proposed 

AVA has a larger percentage of land 

classified as Region V than any of the 

surrounding regions, except the region 

to the south. Unlike each of the 

surrounding regions, the proposed AVA 

lacks land classified as Region III or 

lower. 

TABLE 4—GROWING DEGREE DAY COMPARISONS

Comparison areas 

Growing degree day zones 

Too cold IA IB II III IV V 

Percentage of occurrence in each area 

Proposed AVA ....................................................... .................. .................. .................. .................. .................. 5.0 95.0 

Northwest ............................................................... 0.1 0.8 14.0 32.0 49.0 4.0 0.1 

Northeast ................................................................ .................. 0.1 5.0 11.0 14.0 61.0 8.9 

East ........................................................................ .................. .................. .................. 0.1 1.3 16.0 82.6 

South ...................................................................... .................. .................. .................. 0.7 1.8 1.9 95.6 

West ....................................................................... 0.1 0.7 10.9 36.6 49.2 2.5 ..................

The petition also included 

information on the percentage of land 

within the proposed AVA and 

surrounding regions that is in each of 

the four Viticultural Suitability Zones.9

The zones are based on climate 

conditions and were designed to help 

determine the best grape varietals to 

grow in a given area. The zones range 

from Zone 1, the warmest, to Zone 4, the 

coldest. The petition compared the 

proposed AVA, which is located in Polk 

County, to neighboring Rutherford, 

Cleveland, and Gaston Counties.10 The 

zones indicate that temperatures 

increase as one moves eastward towards 

the Atlantic Ocean. According to the 

petition, 82 percent of the proposed 

Tryon Foothills AVA is in Zone 3, 

which is best suited to vinifera, hybrid, 

and native American varieties of grapes, 

and 18 percent is in Zone 2, which is 

suitable for growing a variety of 

muscadines, vinifera, hybrid, and native 

American varieties of grapes. Gaston 

County, the easternmost county in the 

comparison area, has a large percentage 

of land in Zone 1, which is 

recommended only for muscadines. 

None of the comparison areas contained 

land in the coldest Zone 4, although 

counties farther to the west of the 

proposed AVA do have some areas that 

are in Zone 4.11

TABLE 5—VITICULTURAL SUITABILITY ZONES

Comparison areas 

Areas (sq. miles) and percentages of land in each zone 

Total area Zone 3 Zone 2 Zone 1 

Proposed AVA ................................................................................................. 175.8 82.0 18.0 ........................

Rutherford County ........................................................................................... 565.7 68.7 31.3 ........................

Cleveland County ............................................................................................ 468.1 30.9 69.1 ........................

Gaston County ................................................................................................. 364.0 ........................ 28.0 72.0 

Finally, the petition included 

information on the average annual and 

growing season 12 precipitation amounts 

for the proposed AVA and surrounding 

regions. With respect to annual 

precipitation amounts, the proposed 

AVA has higher average amounts than 

each of the surrounding regions except 

the region to the west, lower maximum 

amounts than each region except those 

to the northeast and east, and higher 

minimum amounts than each of the 

surrounding regions. For growing 

season precipitation amounts, the 

proposed AVA has higher minimum 


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13The North Carolina Wine-grape Grower’s 

Guide: Raleigh, NC State Extension. 

amounts than each of the surrounding 

regions, higher average amounts than 

each of the surrounding regions except 

the region to the west, and maximum 

amounts lower than each region except 

the regions to the northeast and east. 

According to the petition, the ideal 

growing season precipitation amount for 

mature grapevines is 24 to 30 inches.13

Excessive growing season precipitation 

can promote excess vigor and fungal 

diseases and attracts pests. Insufficient 

growing season precipitation can result 

in reduced photosynthesis, cell 

desiccation, and potential death of the 

grapevines. 

TABLE 6—AVERAGE ANNUAL AND GROWING SEASON PRECIPITATION

[Amounts (in inches)] 

Comparison areas 

Average annual precipitation Average growing season precipitation 

Minimum Maximum Average Minimum Maximum Average 

Proposed AVA ................................................................. 49 65 53.3 28 38 30.9 

Northwest ........................................................................ 36 72 46.3 22 41 26.9 

Northeast ......................................................................... 40 60 49.8 27 36 29.6 

East ................................................................................. 45 59 49.4 26 34 28.7 

South ............................................................................... 44 83 50.2 25 47 28.7 

West ................................................................................ 45 93 63.9 27 51 36.6 

TTB Determination 

TTB concludes that the petition to 

establish the proposed Tryon Foothills 

AVA merits consideration and public 

comment, as invited in this notice of 

proposed rulemaking. 

Boundary Description 

See the narrative description of the 

boundary of the petitioned-for AVA in 

the proposed regulatory text published 

at the end of this proposed rule. 

Maps 

The petitioner provided the required 

maps, and TTB lists them below in the 

proposed regulatory text. You may also 

view the proposed Tryon Foothills AVA 

boundary on the AVA Map Explorer on 

the TTB website, at https://www.ttb.gov/ 

wine/ava-map-explorer. 

Impact on Current Wine Labels 

Part 4 of the TTB regulations prohibits 

any label reference on a wine that 

indicates or implies an origin other than 

the wine’s true place of origin. For a 

wine to be labeled with an AVA name, 

at least 85 percent of the wine must be 

derived from grapes grown within the 

area represented by that name, and the 

wine must meet the other conditions 

listed in § 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, ‘‘Tryon Foothills,’’ will be 

recognized as a name of viticultural 

significance under § 4.39(i)(3) of the 

TTB regulations (27 CFR 4.39(i)(3)). The 

text of the proposed regulation clarifies 

this point. Consequently, wine bottlers 

using the name ‘‘Tryon Foothills’’ in a 

brand name, including a trademark, or 

in another label reference as to the 

origin of the wine, would have to ensure 

that the product is eligible to use the 

AVA name as an appellation of origin if 

TTB adopts this proposed rule as a final 

rule. 

Public Participation 

Comments Invited 

TTB invites comments from interested 

members of the public on whether it 

should establish the proposed Tryon 

Foothills AVA. TTB is also interested in 

receiving comments on the sufficiency 

and accuracy of required information 

submitted in support of the petition. 

Please provide specific information in 

support of your comments. 

Because of the potential impact of the 

establishment of the proposed Tryon 

Foothills AVA on wine labels that 

include the term ‘‘Tryon Foothills’’ as 

discussed above under Impact on 

Current Wine Labels, TTB is 

particularly interested in comments 

regarding whether there will be a 

conflict between the proposed AVA 

name and currently used brand names. 

If a commenter believes that a conflict 

will arise, the comment should describe 

the nature of that conflict, including any 

anticipated negative economic impact 

that approval of the proposed AVA will 

have on an existing viticultural 

enterprise. TTB is also interested in 

receiving suggestions for ways to avoid 

conflicts, for example, by adopting a 

modified or different name for the 

proposed AVA. 

Submitting Comments 

You may submit comments on this 

proposal by using one of the following 

methods: 

• Federal e-Rulemaking Portal: You 

may send comments via the online 

comment form posted with this 

document within Docket No. TTB– 

2023–0011 on ‘‘Regulations.gov,’’ the 

Federal e-rulemaking portal, at https:// 

www.regulations.gov. A direct link to 

that docket is available under Notice 

No. 229 on the TTB website at https:// 

www.ttb.gov/wine/notices-of-proposedrulemaking. Supplemental files may be 

attached to comments submitted via 

Regulations.gov. For complete 

instructions on how to use 

Regulations.gov, visit the site and click 

on the FAQ link at the bottom of the 

page. 

• U.S. Mail: You may send comments 

via postal mail to the Director, 

Regulations and Rulings Division, 

Alcohol and Tobacco Tax and Trade 

Bureau, 1310 G Street NW, Box 12, 

Washington, DC 20005. Please submit 

your comments by the closing date 

shown above in this document. Your 

comments must reference Notice No. 

229 and include your name and mailing 

address. Your comments also must be 

made in English, be legible, and be 

written in language acceptable for 

public disclosure. We do not 

acknowledge receipt of comments, and 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Proposed Rules 721 

we consider all comments as originals. 

Your comment must clearly state if you 

are commenting on your own behalf or 

on behalf of an organization, business, 

or other entity. If you are commenting 

on behalf of an organization, business, 

or other entity, your comment must 

include the entity’s name as well as 

your name and position title. If you 

comment via Regulations.gov, please 

enter the entity’s name in the 

‘‘Organization’’ blank of the online 

comment form. If you comment via 

postal mail, please submit your entity’s 

comment on letterhead. 

You may also write to the 

Administrator before the comment 

closing date to ask for a public hearing. 

The Administrator reserves the right to 

determine whether to hold a public 

hearing. 

Confidentiality and Disclosure of 

Comments 

All submitted comments and 

attachments are part of the rulemaking 

record and are subject to public 

disclosure. Do not enclose any material 

in your comments that you consider 

confidential or that is inappropriate for 

disclosure. 

TTB will post, and you may view, 

copies of this document, the related 

petition and selected supporting 

materials, and any comments TTB 

receives about this proposal within the 

related Regulations.gov docket. In 

general, TTB will post comments as 

submitted, and it will not redact any 

identifying or contact information from 

the body of a comment or attachment. 

Please contact TTB’s Regulations and 

Rulings division by email using the web 

form available at https://www.ttb.gov/ 

contact-rrd, or by telephone at 202–453– 

2265, if you have any questions about 

commenting on this proposal or to 

request copies of this document, the 

related petition and its supporting 

materials, or any comments received. 

Regulatory Flexibility Act 

TTB certifies that this proposed 

regulation, if adopted, would not have 

a significant economic impact on a 

substantial number of small entities. 

The proposed regulation imposes no 

new reporting, recordkeeping, or other 

administrative requirement. Any benefit 

derived from the use of a viticultural 

area name would be the result of a 

proprietor’s efforts and consumer 

acceptance of wines from that area. 

Therefore, no regulatory flexibility 

analysis is required. 

Executive Order 12866 

It has been determined that this 

proposed rule is not a significant 

regulatory action as defined by 

Executive Order 12866 of September 30, 

1993, as amended. Therefore, no 

regulatory assessment is required. 

List of Subjects in 27 CFR Part 9 

Wine. 

Proposed Regulatory Amendment 

For the reasons discussed in the 

preamble, TTB proposes to amend title 

27, chapter I, part 9, Code of Federal 

Regulations, as follows: 

PART 9—AMERICAN VITICULTURAL 

AREAS 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 27 U.S.C. 205. 

Subpart C—Approved American 

Viticultural Areas 

■ 2. Subpart C is amended by adding 

§ 9.ll to read as follows: 

§ 9.ll Tryon Foothills. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Tryon 

Foothills’’. For purposes of part 4 of this 

chapter, ‘‘Tryon Foothills’’ is a term of 

viticultural significance. 

(b) Approved maps. The 10 United 

States Geological Survey (USGS) 

1:24,000 scale topographic maps used to 

determine the boundary of the Tryon 

Foothills viticultural area are: 

(1) Lake Lure, NC, 1982; 

photoinspected 1987; 

(2) Shingle Hollow, NC, 1982; 

(3) Pea Ridge, NC, 1982; 

(4) Rutherfordton South, NC, 1966; 

(5) Fingerville East, SC-NC, 1993 

(provisional edition); 

(6) Fingerville West, SC-NC, 1983 

(provisional edition); 

(7) Landrum, SC-NC, 2020; 

(8) Saluda, NC-SC, 2019; 

(9) Cliffield Mountain, NC, 1997; and 

(10) Mill Spring, NC, 1982; 

photorevised 1990. 

(c) Boundary. The Tryon Foothills 

viticultural area is located in Polk 

County, North Carolina. The boundary 

of the viticultural area is as described as 

follows: 

(1) The beginning point is on the Lake 

Lure map at the intersection of the 

1,200-foot elevation contour and the 

shared Polk-Rutherford County line just 

west of State Highway 9 and north of an 

unnamed road known locally as Owl 

Hollow Road. From the beginning point, 

proceed clockwise along the shared 

Polk-Rutherford County line and across 

the Shingle Hollow, Pea Ridge, and 

Rutherford South maps and onto the 

Fingerville East map, to the intersection 

of the shared Polk-Rutherford County 

line and the shared North CarolinaSouth Carolina State line; then 

(2) Proceed west along the shared 

North Carolina-South Carolina State line 

across the Fingerville East, Fingerville 

West, and Landrum maps and onto the 

Saluda map to the intersection of the 

North Carolina-South Carolina State line 

with the 1,200-foot elevation contour 

north of Dug Hill Road; then 

(3) Proceed generally northerly along 

the meandering 1,200-foot elevation 

contour, crossing back and forth onto 

the Landrum and Saluda maps and onto 

the Mill Spring map, and continuing 

along the 1,200-foot elevation contour as 

it crosses onto the Cliffield Mountain 

map and then back onto the Mill Spring 

map and finally onto the Lake Lure 

map, returning to the beginning point at 

the intersection of the 1,200-foot 

elevation contour and the shared PolkRutherford County line just west of 

State Highway 9. 

Signed: December 19, 2023. 

Mary G. Ryan, 

Administrator. 

Approved: December 20, 2023. 

Thomas C. West, Jr., 

Deputy Assistant Secretary (Tax Policy). 

[FR Doc. 2024–00058 Filed 1–4–24; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2023–0012; Notice No. 

230] 

RIN 1513–AD07 

Proposed Establishment of the 

Nashoba Valley Viticultural Area 

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 to 

establish the approximately 18,367-acre 

‘‘Nashoba Valley’’ viticultural area in 

Worcester County, Massachusetts. The 

proposed viticultural area is not within 

any other established viticultural area. 

TTB designates viticultural areas to 

allow vintners to better describe the 

origin of their wines and to allow 

consumers to better identify wines they 

may purchase. TTB invites comments 

on this proposed addition to its 

regulations. 

DATES: Comments must be received by 

March 5, 2024. 


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