[Federal Register Volume 89, Number 4 (Friday, January 5, 2024)]
[Proposed Rules]
[Pages 716-721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00058]


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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.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes 
establishing the approximately 176-square mile ``Tryon Foothills'' 
viticultural area in Polk County, North Carolina. The proposed 
viticultural area is not within any other established viticultural 
area. TTB designates viticultural areas to allow vintners to better 
describe the origin of their wines and to allow consumers to better 
identify wines they may purchase. TTB invites comments on this proposed 
addition to its regulations.

DATES: Comments must be received by March 5, 2024.

ADDRESSES: You may electronically submit comments to TTB on this 
proposal using the comment form for this document posted within Docket 
No. TTB-2023-0011 on the Regulations.gov website at https://www.regulations.gov. At the same location, you also may view copies of 
this document, the related petition and selected supporting materials, 
and any comments TTB receives on this proposal. A direct link to that 
docket is available on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking under Notice No. 229. Alternatively, you 
may submit comments via postal mail to the Director, Regulations and 
Ruling Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005. Please see the Public 
Participation section of this document for further information on the 
comments requested on this proposal and on the submission, 
confidentiality, and public disclosure of comments.

FOR FURTHER INFORMATION CONTACT: Karen A. Thornton, Regulations and 
Rulings Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005; phone 202-453-1039, ext. 175.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the FAA Act 
pursuant to section 1111(d) of the Homeland Security Act of 2002, 
codified at 6 U.S.C. 531(d). In addition, the Secretary of the Treasury 
has delegated certain administrative and enforcement authorities to TTB 
through Treasury Order 120-01.
    Part 4 of the TTB regulations (27 CFR part 4) authorizes TTB to 
establish definitive viticultural areas and regulate the use of their 
names as appellations of origin on wine labels and in wine 
advertisements. Part 9 of the TTB regulations (27 CFR part 9) sets 
forth standards for the preparation and submission of petitions for the 
establishment or modification of American viticultural areas (AVAs) and 
lists the approved AVAs.

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features as described in part 9 of 
the regulations and, once approved, a name and a delineated boundary 
codified in part 9 of the regulations. These designations allow 
vintners and consumers to attribute a given quality, reputation, or 
other characteristic of a wine made from grapes grown in an area to the 
wine's geographic origin. The establishment of AVAs allows vintners to 
describe more accurately the origin of their wines to consumers and 
helps consumers to identify wines they may purchase. Establishment of 
an AVA is neither an

[[Page 717]]

approval nor an endorsement by TTB of the wine produced in that area.

Requirements

    Section 4.25(e)(2) of the TTB regulations (27 CFR 4.25(e)(2)) 
outlines the procedure for proposing an AVA and allows any interested 
party to petition TTB to establish a grape-growing region as an AVA. 
Section 9.12 of the TTB regulations (27 CFR 9.12) prescribes standards 
for petitions to establish or modify AVAs. Petitions to establish an 
AVA must include the following:
    <bullet> Evidence that the area within the proposed AVA boundary is 
nationally or locally known by the AVA name specified in the petition;
    <bullet> An explanation of the basis for defining the boundary of 
the proposed AVA;
    <bullet> 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;
    <bullet> 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
    <bullet> A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

Tryon Foothills Petition

    TTB received a petition from Cory J. Lillberg, vineyard manager of 
Parker-Binns Vineyard, proposing the ``Tryon Foothills'' AVA. Mr. 
Lillberg submitted the petition on behalf of Parker-Binns Vineyard and 
other local vineyard and winery operators. The proposed Tryon Foothills 
AVA is located in Polk County, North Carolina. It contains 
approximately 176 square miles, with five vineyards covering a total of 
approximately 77.70 acres spread throughout the proposed AVA. There are 
also four wineries within the proposed AVA.
    According to the petition, the distinguishing features of the 
proposed Tryon Foothills AVA include its topography and climate. Unless 
otherwise noted, all information and data pertaining to the proposed 
AVA is from the petition and its supporting exhibits.

Name Evidence

    The proposed Tryon Foothills AVA is located in the Inner Piedmont 
region of the Blue Ridge Mountains of North Carolina and includes the 
town of Tryon. The petition states that the Inner Piedmont region is 
commonly referred to as the ``foothills'' of the Blue Ridge Mountains. 
For example, the petition references the Tryon Fitness and Health Club, 
which states on its website that it is ``located in the beautiful 
foothills of Tryon, NC. . . .'' The petition also notes that the 
website of Polk County Schools, which serves the region of the proposed 
AVA and is headquartered in Columbus, North Carolina, states that its 
schools are ``. . . in a small, mostly rural county in the foothills of 
the Blue Ridge Mountains.'' A real estate company serving the proposed 
AVA has a section on its website describing ``Fall in Tryon's 
Foothills.'' \1\ The petition provides other examples of business or 
organizations within or serving the proposed AVA that use the term 
``foothills'' including the Carolina Foothills Chamber of Commerce, 
Foothills Community Chapel, Grace Foothills Church, the Foothills 
Equestrian Nature Center, the Foothills Astronomical Society, Foothills 
Fine Art, Foothills Pharmacy, and the Foothills Music Club.
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    \1\ http://lakeshillsandhorses.com/blog.
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    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.
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    \2\ https://www.romanticasheville.com/wine-country.
    \3\ https://www.airbnb.com/rooms/4297004.
    \4\ https://Yondervacationrentals.com/vacation-rentals/tryon.
    \5\ https://www.tryonwinetours.com.
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Boundary Evidence

    The proposed Tryon Foothills AVA is roughly shaped like a triangle 
with the apex pointing north. The proposed eastern boundary follows the 
shared Polk-Rutherford County line and separates the proposed AVA from 
lower elevations. The proposed southern boundary follows the shared 
North Carolina-South Carolina State line and separates the proposed AVA 
from regions that are not associated with the town of Tryon. The 
proposed western boundary follows the 1,200-foot elevation contour and 
separates the proposed AVA from the higher elevations of the Blue Ridge 
Escarpment.

Distinguishing Features

    The distinguishing features of the proposed Tryon Foothills AVA 
include its topography and climate.
Topography
    The proposed Tryon Foothills AVA is located on the western edge of 
the Inner Piedmont region of the Blue Ridge Mountains. The petition 
describes the Inner Piedmont as a region of low mountains and rolling 
hills. The average elevation within the proposed AVA is 988 feet, while 
the maximum elevation is 1,656 feet and the minimum is 712 feet.
    To the west and northwest of the proposed AVA are the Blue Ridge 
Escarpment and the Blue Ridge Plateau. The petition describes the Blue 
Ridge Escarpment as steep and rugged, while the Blue Ridge Plateau is 
an elevated massif of basins and ranges that constitutes the bulk of 
the Blue Ridge Mountains. Elevations in both of these regions are 
significantly higher than within the proposed AVA, with average 
elevations of 2,584 feet and 2,649 feet, respectively. The region to 
the northeast of the proposed AVA is also higher, with an average 
elevation of 1,652 feet. This region is comprised of portions of the 
Blue Ridge Escarpment and the Inner Piedmont, as well as the South 
Mountains. Elevations immediately east of the proposed AVA in the Inner 
Piedmont region are higher but then decline as the Inner Piedmont 
region gives way to the Carolina Superterrane. The average elevation 
east of the proposed AVA is 987 feet, while the maximum is 2,968 feet 
and the minimum is 567 feet. South of the proposed AVA is a 
continuation of the Inner Piedmont region, but the elevations are 
generally lower than within the proposed AVA. The average elevation 
south of the proposed AVA is 880 feet, while the maximum and minimum 
elevations are 3,341 feet and 390 feet, respectively.
    According to the petition, the proposed AVA's topography 
contributes to the creation of a thermal belt. At night, warm air that 
has accumulated at high elevations loses its heat by conductive 
radiation. The air becomes cooler and heavier and begins to sink to 
lower elevations. As the cool air sinks, it displaces the warmer air at 
lower elevations. The warm air settles on the mountain slopes above the 
cascading cooler air and creates a warmer layer of air above the cooler 
air. This warmer

[[Page 718]]

layer is known as a thermal belt. Within the proposed Tryon Foothills 
AVA, the thermal belt results in warmer temperatures than are found in 
the surrounding regions.
Climate
    To support the claim that the climate of the proposed Tryon 
Foothills AVA differs from that of the surrounding regions, the 
petition includes information on the average annual temperatures, 
average growing season temperatures, average growing season length, and 
average annual growing degree day \6\ (GDD) accumulations for locations 
within the proposed AVA and the surrounding regions. The petition also 
included average annual and growing season precipitation amounts for 
the proposed AVA and the surrounding regions. All data was collected 
using the 1980-2010 climate normals.
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    \6\ See Albert J. Winkler, General Viticulture (Berkeley: 
University of California Press, 1974), pp. 61-64. In the Winkler 
climate classification system, annual heat accumulation during the 
growing season, measured in annual Growing Degree Days (GDDs), 
defines climatic regions. One GDD accumulates for each degree 
Fahrenheit that a day's mean temperature is above 50 degrees F, the 
minimum temperature required for grapevine growth. The Winkler scale 
regions are as follows: Region Ia: 1,500-2,000 GDDs; Region Ib: 
2,000-2,500 GDDs; Region II: 2,500-3,000 GDDs; Region III: 3,000-
3,500 GDDs; Region IV: 3,500-4,000 GDDs; Region V: 4,000-4,900 GDDs.
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    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)
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                       Region                           Average minimum     Average maximum         Average
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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
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    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.
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    \7\ The growing season is defined as the period from April 1 to 
October 31.
    \8\ Jones, G.V., Climate and Terroir Variability and Change on 
Wine: Presentation: In Fine Wine and Terroir--The Geoscience 
Perspective, McQueen, R.W., and Meinert, L.D. (eds.), Geoscience 
Canada Reprint Series Number 9, Geological Association of Canada, 
St. John's Newfoundland, (2006), p. 247.

                          Table 2--Distribution of Winegrape Climate/Maturity Groupings
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                                                       Percentage of region in each grouping
                                 -------------------------------------------------------------------------------
             Region                   Cool (55-59      Intermediate (59-      Warm (63-67     Hot (67-72 degrees
                                      degrees F)         63 degrees F)        degrees F)              F)
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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
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    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
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                                                                                         Growing season length in days
                  Comparison areas                   ---------------------------------------------------------------------------------------------------
                                                       120-130   130-140   140-150   150-160   160-170   170-180   180-190   190-200   200-210   210-220
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                                                                                     Percentage of occurrence in each area
                                                     ---------------------------------------------------------------------------------------------------
Proposed AVA........................................  ........  ........  ........  ........  ........  ........  ........      0.40      99.6  ........
Northwest...........................................      0.01      0.03      1.04      4.10     12.16     24.22     51.84      5.64      0.73  ........

[[Page 719]]

 
Northeast...........................................  ........  ........      0.09      0.50      3.03      6.76     13.48     42.74     33.41  ........
East................................................  ........  ........  ........  ........  ........      0.09      1.31      7.17     91.43  ........
South...............................................  ........  ........  ........  ........  ........      1.12      1.55      3.14     87.26      6.93
West................................................  ........      0.08      0.50      2.01      7.42     33.77     48.85      5.70      0.67  ........
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    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
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                                                           Growing degree day zones
      Comparison areas       -----------------------------------------------------------------------------------
                               Too cold       IA          IB          II          III         IV           V
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                                                     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  ..........
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    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\
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    \9\ The North Carolina Winegrape Grower's Guide: Raleigh, NC, 
North Carolina Cooperative Extension Service (E. Barclay Poling, 
Sara Spayd, eds., 2015), available at Content.ces.ncsu.edu/north-carolina-winegrape-growers-guide. A copy of the zone map is included 
in the petition as Figure 19 in Docket No. TTB-2023-0011 at https://www.regulations.gov.
    \10\ Rutherford County is located to the north, northeast, and 
east of Polk County. Cleveland County is adjacent to and due east of 
Rutherford County, while Gaston County is adjacent to and due east 
of Cleveland County.
    \11\ See Figure 19 to the petition in Docket TTB-2023-0011 at 
https://www.regulations.gov.

                                     Table 5--Viticultural Suitability Zones
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                                                      Areas (sq. miles) and percentages of land in each zone
                Comparison areas                 ---------------------------------------------------------------
                                                    Total area        Zone 3          Zone 2          Zone 1
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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
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    Finally, the petition included information on the average annual 
and growing season \12\ precipitation amounts for the proposed AVA and 
surrounding regions. With respect to annual precipitation amounts, the 
proposed AVA has higher average amounts than each of the surrounding 
regions except the region to the west, lower maximum amounts than each 
region except those to the northeast and east, and higher minimum 
amounts than each of the surrounding regions. For growing season 
precipitation amounts, the proposed AVA has higher minimum

[[Page 720]]

amounts than each of the surrounding regions, higher average amounts 
than each of the surrounding regions except the region to the west, and 
maximum amounts lower than each region except the regions to the 
northeast and east. According to the petition, the ideal growing season 
precipitation amount for mature grapevines is 24 to 30 inches.\13\ 
Excessive growing season precipitation can promote excess vigor and 
fungal diseases and attracts pests. Insufficient growing season 
precipitation can result in reduced photosynthesis, cell desiccation, 
and potential death of the grapevines.
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    \12\ Defined in the petition as the period from April 1 through 
October 1.
    \13\ The North Carolina Wine-grape Grower's Guide: Raleigh, NC 
State Extension.

                            Table 6--Average Annual and Growing Season Precipitation
                                              [Amounts (in inches)]
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                                        Average annual precipitation        Average growing season precipitation
         Comparison areas         ------------------------------------------------------------------------------
                                     Minimum      Maximum       Average      Minimum      Maximum      Average
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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
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TTB Determination

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

Boundary Description

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

Maps

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

Impact on Current Wine Labels

    Part 4 of the TTB regulations prohibits any label reference on a 
wine that indicates or implies an origin other than the wine's true 
place of origin. For a wine to be labeled with an AVA name, at least 85 
percent of the wine must be derived from grapes grown within the area 
represented by that name, and the wine must meet the other conditions 
listed in Sec.  4.25(e)(3) of the TTB regulations (27 CFR 4.25(e)(3)). 
If the wine is not eligible for labeling with an AVA name and that name 
appears in the brand name, then the label is not in compliance and the 
bottler must change the brand name and obtain approval of a new label. 
Similarly, if the AVA name appears in another reference on the label in 
a misleading manner, the bottler would have to obtain approval of a new 
label. Different rules apply if a wine has a brand name containing an 
AVA name that was used as a brand name on a label approved before July 
7, 1986. See Sec.  4.39(i)(2) of the TTB regulations (27 CFR 
4.39(i)(2)) for details.
    If TTB establishes this proposed AVA, its name, ``Tryon 
Foothills,'' will be recognized as a name of viticultural significance 
under Sec.  4.39(i)(3) of the TTB regulations (27 CFR 4.39(i)(3)). The 
text of the proposed regulation clarifies this point. Consequently, 
wine bottlers using the name ``Tryon Foothills'' in a brand name, 
including a trademark, or in another label reference as to the origin 
of the wine, would have to ensure that the product is eligible to use 
the AVA name as an appellation of origin if TTB adopts this proposed 
rule as a final rule.

Public Participation

Comments Invited

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

Submitting Comments

    You may submit comments on this proposal by using one of the 
following methods:
    <bullet> Federal e-Rulemaking Portal: You may send comments via the 
online comment form posted with this document within Docket No. TTB-
2023-0011 on ``Regulations.gov,'' the Federal e-rulemaking portal, at 
https://www.regulations.gov. A direct link to that docket is available 
under Notice No. 229 on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking. Supplemental files may be attached to 
comments submitted via Regulations.gov. For complete instructions on 
how to use Regulations.gov, visit the site and click on the FAQ link at 
the bottom of the page.
    <bullet> U.S. Mail: You may send comments via postal mail to the 
Director, Regulations and Rulings Division, Alcohol and Tobacco Tax and 
Trade Bureau, 1310 G Street NW, Box 12, Washington, DC 20005. Please 
submit your comments by the closing date shown above in this document. 
Your comments must reference Notice No. 229 and include your name and 
mailing address. Your comments also must be made in English, be 
legible, and be written in language acceptable for public disclosure. 
We do not acknowledge receipt of comments, and

[[Page 721]]

we consider all comments as originals. Your comment must clearly state 
if you are commenting on your own behalf or on behalf of an 
organization, business, or other entity. If you are commenting on 
behalf of an organization, business, or other entity, your comment must 
include the entity's name as well as your name and position title. If 
you comment via Regulations.gov, please enter the entity's name in the 
``Organization'' blank of the online comment form. If you comment via 
postal mail, please submit your entity's comment on letterhead.
    You may also write to the Administrator before the comment closing 
date to ask for a public hearing. The Administrator reserves the right 
to determine whether to hold a public hearing.

Confidentiality and Disclosure of Comments

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

Regulatory Flexibility Act

    TTB certifies that this proposed regulation, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. The proposed regulation imposes no new reporting, 
recordkeeping, or other administrative requirement. Any benefit derived 
from the use of a viticultural area name would be the result of a 
proprietor's efforts and consumer acceptance of wines from that area. 
Therefore, no regulatory flexibility analysis is required.

Executive Order 12866

    It has been determined that this proposed rule is not a significant 
regulatory action as defined by Executive Order 12866 of September 30, 
1993, as amended. Therefore, no regulatory assessment is required.

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

    For the reasons discussed in the preamble, TTB proposes to amend 
title 27, chapter I, part 9, Code of Federal Regulations, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Subpart C is amended by adding Sec.  9.__ to read as follows:


Sec.  9.__  Tryon Foothills.

    (a) Name. The name of the viticultural area described in this 
section is ``Tryon Foothills''. For purposes of part 4 of this chapter, 
``Tryon Foothills'' is a term of viticultural significance.
    (b) Approved maps. The 10 United States Geological Survey (USGS) 
1:24,000 scale topographic maps used to determine the boundary of the 
Tryon Foothills viticultural area are:
    (1) Lake Lure, NC, 1982; photoinspected 1987;
    (2) Shingle Hollow, NC, 1982;
    (3) Pea Ridge, NC, 1982;
    (4) Rutherfordton South, NC, 1966;
    (5) Fingerville East, SC-NC, 1993 (provisional edition);
    (6) Fingerville West, SC-NC, 1983 (provisional edition);
    (7) Landrum, SC-NC, 2020;
    (8) Saluda, NC-SC, 2019;
    (9) Cliffield Mountain, NC, 1997; and
    (10) Mill Spring, NC, 1982; photorevised 1990.
    (c) Boundary. The Tryon Foothills viticultural area is located in 
Polk County, North Carolina. The boundary of the viticultural area is 
as described as follows:
    (1) The beginning point is on the Lake Lure map at the intersection 
of the 1,200-foot elevation contour and the shared Polk-Rutherford 
County line just west of State Highway 9 and north of an unnamed road 
known locally as Owl Hollow Road. From the beginning point, proceed 
clockwise along the shared Polk-Rutherford County line and across the 
Shingle Hollow, Pea Ridge, and Rutherford South maps and onto the 
Fingerville East map, to the intersection of the shared Polk-Rutherford 
County line and the shared North Carolina-South Carolina State line; 
then
    (2) Proceed west along the shared North Carolina-South Carolina 
State line across the Fingerville East, Fingerville West, and Landrum 
maps and onto the Saluda map to the intersection of the North Carolina-
South Carolina State line with the 1,200-foot elevation contour north 
of Dug Hill Road; then
    (3) Proceed generally northerly along the meandering 1,200-foot 
elevation contour, crossing back and forth onto the Landrum and Saluda 
maps and onto the Mill Spring map, and continuing along the 1,200-foot 
elevation contour as it crosses onto the Cliffield Mountain map and 
then back onto the Mill Spring map and finally onto the Lake Lure map, 
returning to the beginning point at the intersection of the 1,200-foot 
elevation contour and the shared Polk-Rutherford County line just west 
of State Highway 9.

    Signed: December 19, 2023.
Mary G. Ryan,
Administrator.
    Approved: December 20, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2024-00058 Filed 1-4-24; 8:45 am]
BILLING CODE 4810-31-P