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. 


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

ADDRESSES: You may electronically 

submit comments to TTB on this 

proposal using the comment form for 

this document posted within Docket No. 

TTB–2023–0012 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. 230. 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. 

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. 

Nashoba Valley Petition 

TTB received a petition from Justin 

Pelletier, Chief Operating Officer and 

Quality Control Manager of Nashoba 

Valley Winery, proposing the 

establishment of the ‘‘Nashoba Valley’’ 

AVA on behalf of Nashoba Winery. The 

proposed AVA is located in Worcester 

County, Massachusetts, and contains 

approximately 18,367 acres. There are 

three vineyards covering a total of 

approximately 16 acres within the 

proposed AVA. According to the 

petition, the distinguishing features of 

the proposed Nashoba Valley AVA 

include its soils and climate. Unless 

otherwise noted, all information and 

data pertaining to the proposed AVA is 

from the petition and its supporting 

exhibits. 

Name Evidence 

According to the petition, Nashoba 

Valley is the name given to a region of 

Massachusetts in northwestern 

Middlesex and northeastern Worcester 

Counties that roughly encompasses the 

land around the interchange of 

Interstate 495 and Massachusetts Route 

2. Although the name ‘‘Nashoba Valley’’ 

applies to the entire region, commercial 

viticulture currently occurs only in the 

Worcester County portion of the valley. 

Therefore, the proposed Nashoba Valley 

AVA is limited to the portion of the 

valley that is in Worcester County. 

The petition included multiple 

examples of businesses and 

organizations located within or serving 

the region of the proposed AVA that use 

the name ‘‘Nashoba Valley.’’ The 

Nashoba Valley Ski Area and Nashoba 

Valley Tubing Park are recreational 

areas, and Nashoba Valley Winery and 

Nashoba Valley Spirits produce alcohol 

beverages within the proposed AVA. 

The proposed AVA is served by the 

Nashoba Valley Chamber of Commerce, 

and the Nashoba Valley Regional 

Dispatch District answers emergency 

and non-emergency public safety calls 

within the region. The Nashoba Valley 

Voice covers local news within the 

proposed AVA. Other businesses within 

or serving the proposed AVA include 

Nashoba Valley Fitness, Nashoba Valley 

Express Company, Nashoba Valley 

Movement Dance Studio, COWS of 

Nashoba Valley, Oh Deer of Nashoba 

Valley, Nashoba Valley Elder Care, and 

Life Care Center of Nashoba Valley. 

Boundary Evidence 

The northern boundary of the 

proposed Nashoba Valley AVA follows 

Massachusetts Route 117 to separate the 

proposed AVA from Fort Devens and 

the Bolton Flats Wildlife Management 

Area, neither of which are available for 

commercial viticulture. The proposed 

eastern boundary follows Interstate 495 

to separate the proposed AVA from 

regions with climates that are more 

heavily influenced by the Atlantic 

Ocean and Cape Cod Bay. The proposed 

southern boundary follows a series of 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Proposed Rules 723 

1See Appendix C to the petition in Docket No. 

TTB–2023–0012 at https://www.regulations.gov. 

2See 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 Celsius that a 

day’s mean temperature is above 10 degrees C, the 

minimum temperature required for grapevine 

growth. The Winkler scale regions are as follows: 

Region Ia, 850–1,111 GDDs; Region Ib, 1,112–1,389 

GDDs; Region II, 1,390–1,667 GDDs; Region III, 

1,668–1,944 GDDs; Region IV, 1,945–2,222 GDDs; 

Region V, 2,223–2,700 GDDs. 

3Unless otherwise noted, all GDD accumulations 

listed in this document are in degrees Celsius. 

roads that separate the proposed AVA 

from the Wachusett Reservoir and, 

farther south, the city of Worcester and 

its suburbs. According to the petition, 

Worcester was historically a 

manufacturing town and, as a result, has 

little land available for commercial 

agricultural activities. The proposed 

western boundary follows Interstate 190 

and separates the proposed AVA from 

areas with soils and climates that differ 

from the proposed AVA. 

Distinguishing Features 

The distinguishing features of the 

proposed Nashoba Valley AVA include 

its soils and climate. 

Soils 

The petition states that most of the 

soil within the proposed Nashoba 

Valley AVA has parent soil of 

supraglacial till, subglacial till, alluvial 

deposits, and glaciofluvial deposits. The 

petition notes that soils within the 

proposed AVA are classified by the U.S. 

Department of Agriculture (USDA) as 

‘‘prime farmland,’’ which means that 

they have specific physical and 

chemical characteristics that make them 

well suited for growing crops.1 The 

most common soils in the proposed 

AVA belong to the Paxton soil series 

and comprise approximately 21 percent 

of the soils in the AVA. These soils are 

well-drained loamy soils and are 

moderately deep to very deep. The soil 

depth allows for unobstructed root 

growth, as roots can penetrate 

moderately deeply before hitting denser 

soils and very deeply before touching 

bedrock. The petition states that the 

soils promote strong root systems that 

allow grapevines to survive the harsher 

winters within the proposed AVA. The 

petition also states that the soils 

promote strong root systems that allow 

grapevines to survive the harsher 

winters within the proposed AVA. 

Paxton soils also have high saturated 

hydraulic conductivity values, which 

means that water moves quickly through 

the soil. The petition states this soil 

characteristic is essential for successful 

viticulture as it aids in minimizing 

fungal infections and rot. 

To the immediate north of the 

proposed AVA are Fort Devens and the 

Bolton Flats Wildlife Management Area, 

which are not available for commercial 

viticulture. Further north, the soils have 

a slower water infiltration rate and do 

not drain as quickly as soils within the 

proposed AVA. East of the proposed 

AVA, the soils have a very slow water 

infiltration rate and a high-water table, 

increasing both the risk of flooding and 

fungal disease in vineyards. The region 

south of the proposed AVA is largely 

urban, with little land left open for 

agriculture to occur. The petition notes 

that what open land does exist is not 

classified as ‘‘prime farmland’’ by the 

USDA. To the west, the soils are 

shallower than within the proposed 

AVA and have a slow water infiltration 

rate. 

Climate 

The petition states that the proposed 

Nashoba Valley AVA has a warm 

climate suitable for growing grape 

varietals such as Albarino, Cabernet 

Franc, Chardonnay, Riesling, and St. 

Croix, among others. Throughout the 

growing season, average monthly 

temperatures range from a low of 47 

degrees Fahrenheit (F) to 72 degrees F. 

July is typically the warmest month 

when the average high temperature is 82 

degrees F. The proposed Nashoba Valley 

AVA has an average of 1,697 growing 

degree days (GDDs) 2 calculated in 

degrees Celsius,3 which places it in 

Region III of the Winkler system. 

According to the petition, wind is 

another climate factor that affects 

viticulture within the proposed AVA. 

The petition states that between March 

and May, average wind speeds within 

the proposed AVA range from 6.6 to 

4.7miles per hour. In the springtime, air 

movement through the vineyards can 

reduce the risk of frost damage to new 

tender shoots and buds. However, more 

intense winds during the same period 

can damage shoots and flowers, which 

will lead to a smaller harvest. During 

the summer months of June to August, 

average wind speeds range from 4.2 to 

3.9 miles per hour. According to the 

petition, humidity increases and 

rainstorms are common within the 

proposed AVA during the summer, so 

the gentle winds can decrease the time 

it takes for vineyards to dry and lessen 

the potential for molds and mildews to 

form. 

To the north, the town of Fitchburg 

has a cooler climate than the proposed 

AVA. Fitchburg’s average GDD 

accumulations total 1,536, placing it in 

the Region II category. Average monthly 

temperatures are lower for each month 

except July, when they are the same as 

the average monthly temperature for the 

proposed AVA. Additionally, Fitchburg 

has lower monthly average wind speeds. 

To the east, the city of Waltham’s 

average GDD accumulations place it in 

the Region III category, which is the 

same as the proposed AVA. However, 

Waltham still has higher average GDD 

accumulations than the proposed AVA, 

with 1,738 GDDs. Waltham also has 

higher average monthly wind speeds 

than the proposed AVA, ranging from 

4.3 to 7.6 miles per hour. South of the 

proposed AVA, the city of Worcester’s 

climate is classified as Region II, with 

an average accumulation of 1,598 GDDs. 

During the growing season, Worcester 

also has slightly lower average monthly 

temperatures and average monthly wind 

speeds than the proposed AVA. To the 

west of the proposed AVA, the town of 

Barre also has a Region II climate, with 

average accumulations of 1,548 GDDs 

and lower average monthly 

temperatures throughout the year. 

Average monthly wind speeds in Barre 

are also lower each month than wind 

speeds within the proposed AVA. 

Summary of Distinguishing Features 

The following table summarizes the 

features of the proposed Nashoba Valley 

that distinguish it from the surrounding 

regions. 


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

FEATURES OF THE PROPOSED NASHOBA VALLEY AVA AND SURROUNDING REGIONS

Region 

Features 

Soils Climate 

Proposed AVA .. Derived from supraglacial till, subglacial till, alluvial deposits, 

and glaciofluvial deposits; classified as ‘‘prime farmland’’; 

Paxton series is most prevalent; deep, well-drained loams.

Average monthly growing season temperatures range from 

47 to 72 degrees F; average of 1,697 GDDs (Celsius); 

Winkler Region III; growing season wind speeds range 

from 6.6 to 4.7 mph. 

North ................. Slow water infiltration rate ........................................................ Cooler climate with lower average monthly temperatures; average of 1,536 GDDs; Winkler Region II; lower wind 

speeds. 

South ................. Little land open for agricultural purposes; land not classified 

as ‘‘prime farmland’’.

Cooler climate with slightly lower average monthly temperatures; average of 1,598 GDDs; Region II; lower average 

monthly wind speeds. 

East ................... Very slow water infiltration rate and high-water table .............. Average of 1,738 GDDs; Region III; higher average monthly 

wind speeds. 

West .................. Shallower soils with slow water infiltration rate ........................ Cooler climate with lower average monthly temperatures; average of 1,548 GDDs; Region II; lower average monthly 

wind speeds. 

TTB Determination 

TTB concludes that the petition to 

establish the proposed Nashoba Valley 

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 Nashoba Valley 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, ‘‘Nashoba Valley,’’ 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 ‘‘Nashoba Valley’’ 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 Nashoba 

Valley 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 Nashoba 

Valley AVA on wine labels that include 

the term ‘‘Nashoba Valley’’ 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– 

2023–0012 on ‘‘Regulations.gov,’’ the 

Federal e-rulemaking portal, at https:// 

www.regulations.gov. A direct link to 

that docket is available under Notice 

No. 230 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. 230 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 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, 


lotter on DSK11XQN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 4 / Friday, January 5, 2024 / Proposed Rules 725 

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 

All submitted comments and 

attachments are part of the public record 

and subject to disclosure. Do not 

enclose any material in your comments 

that you consider to be confidential or 

inappropriate for public disclosure. 

Public Disclosure 

TTB will post, and you may view, 

copies of this document, selected 

supporting materials, and any online or 

mailed comments received about this 

proposal within Docket No. TTB–2023– 

0012 on the Federal e-rulemaking 

portal, Regulations.gov, at https://

www.regulations.gov. 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. 230. You may also reach the 

relevant docket through the 

Regulations.gov search page at https://

www.regulations.gov. For instructions 

on how to use Regulations.gov, visit the 

site and click on the ‘‘FAQ’’ link at the 

bottom of the page. 

All posted comments will display the 

commenter’s name, organization (if 

any), city, and State, and, in the case of 

mailed comments, all address 

information, including email addresses. 

TTB may omit voluminous attachments 

or material that it considers unsuitable 

for posting. 

You may also obtain copies of this 

proposed rule, all related petitions, 

maps, and other supporting materials, 

and any electronic or mailed comments 

that TTB receives about this proposal at 

20 cents per 8.5 x 11-inch page. Please 

note that TTB is unable to provide 

copies of USGS maps or any similarlysized documents that may be included 

as part of the AVA petition. Contact 

TTB’s Regulations and Rulings Division 

by email using the web form at https:// 

www.ttb.gov/contact-rrd, or by 

telephone at 202–453–1039, ext. 175, to 

request copies of comments or other 

materials. 

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 Nashoba Valley. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Nashoba Valley’’. For purposes of part 

4 of this chapter, ‘‘Nashoba Valley’’ is a 

term of viticultural significance. 

(b) Approved maps. The 2 United 

States Geological Survey (USGS) 

1:100,000 scale topographic maps used 

to determine the boundary of the 

Nashoba Valley viticultural area are: 

(1) Hudson, MA, 2021; and 

(2) Clinton, MA, 2021. 

(c) Boundary. The Nashoba Valley 

viticultural area is located in Worcester 

County, Massachusetts. The boundary of 

the viticultural area is as described as 

follows: 

(1) The beginning point is on the 

Hudson map at the intersection of Route 

62 (also known as Central Street) and I– 

495 in Hudson, Massachusetts. From the 

beginning point, proceed southwest, 

then westerly on Route 62 for a total of 

4.5 miles, crossing onto the Clinton 

map, to the point where it intersects and 

becomes concurrent with Route 70 (also 

known as Boylston Street); then 

(2) Proceed north on Route 70/Route 

62 for 2.09 miles to its intersection with 

Route 110/Main Street in Clinton, 

Massachusetts; then 

(3) Proceed south on Route 110/Main 

Street as it becomes known as West 

Boylston Road, and continue along West 

Boylston Road for a total of 1 mile to its 

intersection with South Meadow Road; 

then 

(4) Proceed north along South 

Meadow Road for 0.95 mile to its 

intersection with Moffett Street in 

Lancaster, Massachusetts; then 

(5) Proceed northwest along Moffett 

Street to its intersection with an 

unnamed road known locally as Chace 

Hill Road; then 

(6) Proceed northeast along Chace Hill 

Road to its intersection with Sterling 

Street (also known as Route 62); then 

(7) Proceed northwesterly along 

Sterling Street/Route 62 to its 

intersection with an unnamed road 

known locally as Chocksett Road; then 

(8) Proceed northwesterly along 

Chocksett Road to its intersection with 

Pratts Junction Road; then 

(9) Proceed northwesterly along Pratts 

Junction Road to its intersection with I– 

190; then 

(10) Proceed northerly along I–190 for 

2.35 miles to its intersection with Route 

117 in Leominster, Massachusetts; then 

(11) Proceed southeasterly along 

Route 117 for 7.8 miles, crossing onto 

the Hudson map, to its intersection with 

I–495; then 

(12) Proceed southerly along I–495 to 

the beginning point. 

Signed: December 19, 2023. 

Mary G. Ryan, 

Administrator. 

Approved: December 20, 2023. 

Thomas C. West, Jr., 

Deputy Assistant Secretary (Tax Policy). 

[FR Doc. 2024–00060 Filed 1–4–24; 8:45 am] 

BILLING CODE 4810–31–P 


lotter on DSK11XQN23PROD with PROPOSALS1