[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Proposed Rules]
[Pages 64846-64853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20346]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Docket No. TTB-2023-0008; Notice No. 226]
RIN 1513-AD00


Proposed Establishment of the Nine Lakes of East Tennessee 
Viticultural Area

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau (TTB) proposes 
establishing the approximately 4,064-square mile ``Nine Lakes of East 
Tennessee'' viticultural area in northeastern Tennessee. The proposed 
viticultural area is not within any other established viticultural 
area. TTB designates viticultural areas to allow vintners to better 
describe the origin of their wines and to allow consumers to better 
identify wines they may purchase. TTB invites comments on this proposed 
addition to its regulations.

DATES: Comments must be received by November 20, 2023.

ADDRESSES: You may submit comments to TTB on this proposal 
electronically using the comment form for this document posted within 
Docket No. TTB-2023-0008 on the Regulations.gov website at https://www.regulations.gov. At the same location, you also may view copies of 
this document, the related petition and selected supporting materials, 
and any comments TTB receives on this proposal. A direct link to that 
docket is available on the TTB website at https://www.ttb.gov/wine/notices-of-proposed-rulemaking under Notice No. 226. Alternatively, you 
may submit comments via postal mail to the Director, Regulations and 
Ruling Division, Alcohol and Tobacco Tax and Trade Bureau, 1310 G 
Street NW, Box 12, Washington, DC 20005. Please see the Public 
Participation section of this document for further information on the 
comments requested on this proposal and on the submission, 
confidentiality, and public disclosure of comments.

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

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas

TTB Authority

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

Definition

    Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i)) 
defines a viticultural area for American wine as a delimited grape-
growing region having distinguishing features as described in part 9 of 
the regulations and, once approved, a name and a delineated boundary 
codified in part 9 of the regulations. These designations allow 
vintners and consumers to attribute a given quality, reputation, or 
other characteristic of a wine made from grapes grown in an area to the 
wine's geographic origin. The establishment of AVAs allows vintners to 
describe more accurately the origin of their wines to consumers and 
helps consumers to identify wines they may purchase. Establishment of 
an AVA is neither an approval nor an endorsement by TTB of the wine 
produced in that area.

[[Page 64847]]

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:
     Evidence that the area within the proposed AVA boundary is 
nationally or locally known by the AVA name specified in the petition;
     An explanation of the basis for defining the boundary of 
the proposed AVA;
     A narrative description of the features of the proposed 
AVA affecting viticulture, such as climate, geology, soils, physical 
features, and elevation, that make the proposed AVA distinctive and 
distinguish it from adjacent areas outside the proposed AVA;
     The appropriate United States Geological Survey (USGS) 
map(s) showing the location of the proposed AVA, with the boundary of 
the proposed AVA clearly drawn thereon; and
     A detailed narrative description of the proposed AVA 
boundary based on USGS map markings.

Nine Lakes of East Tennessee Petition

    TTB received a petition from the Appalachian Region Wine Producers 
Association, proposing the establishment of the ``Nine Lakes of East 
Tennessee'' AVA. The proposed Nine Lakes of East Tennessee AVA is in 
Anderson, Blount, Campbell, Claiborne, Cocke, Grainger, Hamblen, 
Jefferson, Knox, Loudon, Monroe, Roane, Sevier, and Union Counties, in 
Tennessee. The proposed AVA contains approximately 4,064 square miles 
(2,601,390 acres), with 232 acres of planted vineyards spread 
throughout the proposed AVA. There are also 29 wineries within the 
proposed AVA. According to the petition, there is at least one vineyard 
in each of the counties within the proposed AVA and a winery in all but 
two of the counties, demonstrating that commercial viticulture and 
winemaking take place throughout the entire proposed AVA.
    According to the petition, the distinguishing features of the 
proposed Nine Lakes of East Tennessee AVA include its geology, soils, 
topography, and climate. Unless otherwise noted, all information and 
data pertaining to the proposed AVA is from the petition and its 
supporting exhibits.

Name Evidence

    The petition states that the proposed Nine Lakes of East Tennessee 
AVA is located entirely within the watershed of the Tennessee River and 
its tributaries. Within the region of the proposed AVA are nine lakes 
formed when the Tennessee Valley Authority (TVA) dammed the rivers to 
resolve issues with flooding, reforestation, and electricity 
production. According to the petition, the region has also been 
historically known as the Great Valley of East Tennessee. However, the 
petitioners chose not to propose that name as the Great Valley 
encompasses a much larger region than the proposed AVA. Because the 
proposed AVA only includes the area around the nine lakes created by 
the TVA, the petitioners believe that the name ``Nine Lakes of East 
Tennessee'' is a more appropriate, succinct, and descriptive name for 
the proposed AVA.
    The petition included evidence showing use of the ``Nine Lakes of 
East Tennessee'' name to describe the region of the proposed AVA. The 
petition contained a visitor's guide to eastern Tennessee titled ``9 
Lakes of East Tennessee.'' A website called ``Nine Lakes Wine Country'' 
provides information on the vineyards and wineries of the proposed 
AVA,\1\ and the annual ``Nine Lakes Wine Festival'' showcases wines 
made in the proposed AVA.\2\ A tourism website for the region 
encourages visitors to ``[e]xplore all the 9 Lakes of East Tennessee 
Region has to offer you.'' \3\ Another tourism website's page on pet-
friendly activities in Tennessee notes, ``The communities surrounding 
Norris Lake, Cherokee Lake, Melton Hill Lake, Douglas Lake, Watts Bar 
Lake, Fort Loudon Lake, Tellico Lake, and Chilhowee & Calderwood 
Lakes--dubbed the 9 Lakes region--is a dog-friendly area that welcomes 
furry friends.'' \4\ A 2021 Smoky Mountain Living Magazine article 
notes, ``The 9 Lakes Region of East Tennessee is a road trip 
destination well known for its winding roads, mountain vistas, 
sparkling lakes, and beautiful waterfalls.'' \5\ The tourism website 
for the town of Farragut, Tennessee, located within the proposed AVA, 
features ``The 9 Lakes Region'' on its list of places to visit.\6\ An 
advertisement for a Tennessee plumbing company urges water conservation 
in the home by noting, ``Between the Mighty Mississippi on the west and 
the 9 Lakes Region on the east, Tennessee is rich in water resources.'' 
\7\ A 2019 USA Today story about tourism in Tennessee states that the 
``9 Lakes Region provide[s] scenic views . . . .'' \8\
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    \1\ www.ninelakeswinecountry.com.
    \2\ www.ninelakeswinefestival.com.
    \3\ easttnvacations.com.
    \4\ tnvacation.com/articles/pet-friendly-places-explore-tennessee.
    \5\ smliv.com/travel/east-tennessee-road-trips.
    \6\ Visitfarragut.org/stay.
    \7\ https://www.benjaminfranklinplumbing.com/nashville/about-us/blog/2021/august/16-tips-to-conserve-water/.
    \8\ traveltips.usatoday.com/tourism-tennessee-14618.html.
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Boundary Evidence

    According to the petition, Tennessee is divided into three main 
regions: East, Middle, and West. East Tennessee is further divided into 
three geographic regions--the Blue Ridge Mountains, the Valley and 
Ridge Province, and the Cumberland Plateau region. The proposed Nine 
Lakes of East Tennessee AVA is located entirely within the Valley and 
Ridge Province and includes all or portions of the 14 counties that 
surround the nine lakes formed by TVA dams along the Tennessee River. 
The proposed northern boundary is formed by the Tennessee-Virginia 
State line to exclude counties in Virginia, which are not associated 
with the name ``Nine Lakes of East Tennessee.'' The proposed northern 
boundary also includes a portion of the Cumberland Gap National 
Historical Park boundary and excludes the park from the proposed AVA. 
The proposed eastern and southeastern boundaries follow county lines, 
National Park boundaries, and National Forest boundaries to exclude the 
Cherokee National Forest and the Great Smoky Mountain National Park, 
which are not available for commercial viticulture due to their status 
as public lands. The proposed southwestern and western boundaries 
generally follow county lines to exclude portions of the counties that 
are associated with the Cumberland Plateau or Cumberland Escarpment, 
rather than the Valley and Ridge Province and the nine lakes of the 
Tennessee River.

Distinguishing Features

    The distinguishing features of the proposed Nine Lakes of East 
Tennessee AVA include its geology, soils, topography, and climate.
Geology
    The geology of the proposed Nine Lakes of East Tennessee AVA 
consists almost entirely of sedimentary rocks initially deposited 
during the Paleozoic era, when an ocean covered much of eastern North 
America. The bedrock consists of alternating beds of limestone, 
dolomite, shale, and sandstone. As the Euro-African tectonic plate and 
the

[[Page 64848]]

North American tectonic plate collided, the sediments and rock between 
them folded and fractured, resulting in the southwest-to-northeast 
orientation of the ridges and valleys within the proposed AVA. The 
petition states that this orientation of the ridges and valleys 
provides vineyard owners the ability to select locations with slope 
aspects which allow for first light on the vineyards to dry the heavy 
dew and thus help in disease prevention. Additionally, the slope 
aspects shade the vines from the evening sun and thus prevent excessive 
heat on the grape clusters.
    The petition states that the geology to the north and south of the 
proposed AVA is similar to that of the proposed AVA, given that all 
three locations are within the Valley and Ridge Province. To the east 
of the proposed AVA is the Appalachian Mountain system, which is 
comprised of Lower Paleozoic limestone, dolomite, and shale with 
exposures of Precambrian igneous and metamorphic basement rocks such as 
tuff, rhyolite, granite, schist, and quartzite, as well as Precambrian 
sedimentary and metamorphic sandstone, conglomerate, arkose, and 
siltstone. To the west of the proposed AVA are the Cumberland Plateau 
and Cumberland Escarpment, which are the results of the continental 
collisions uplifting highly resistant caprock of Pennsylvanian age 
sandstone and conglomerate.
Soils
    The soils of the proposed Nine Lakes of East Tennessee AVA are 
categorized in the Ultisols soil order. According to the petition, 
soils of this order are characterized as ``strongly leached, acid 
forest soils with low native fertility'' and have clay-enriched 
subsoil. Because of the acidity and low fertility of the soils, the 
petition states that timely application of fertilizer and lime in 
vineyards are important in maximizing grape yields. The depth of these 
soils ranges from shallow on the sandstone and shale ridges to very 
deep in the valleys and on large limestone formations. The soils have 
an udic soil moisture regime, meaning that the amount of stored 
moisture plus rainfall is approximately equal to or exceeds the amount 
of evapotranspiration. The soil temperature is predominantly thermic, 
meaning that at a depth of 20 inches, the soils have an average annual 
temperature of 59 to 72 degrees Fahrenheit (F).
    To the north and south of the proposed AVA, the soils are similar, 
because all three regions are in the Valley and Ridge Province. To the 
east of the proposed AVA, in the Blue Ridge Mountains, soils are 
commonly well-drained and acidic and can be shallow to very deep. The 
primary soil order is Inceptisols (which lack significant clay 
accumulation in the subsoils) and, to a significantly lesser extent, 
Ultisols. The soils have an udic soil moisture regime, and the soil 
temperature regime is mesic (average annual soil temperature of 47 to 
59 degrees F) or frigid (average annual soil temperature lower than 
46.4 degrees F). West of the proposed AVA, in the Cumberland Plateau 
and Cumberland Escarpment, the main soil orders are Inceptisols and 
Ultisols with a thermic or mesic soil temperature regime and an udic 
soil moisture regime.
Topography
    As previously discussed, the proposed Nine Lakes of East Tennessee 
AVA is within the Valley and Ridge geologic province and is 
characterized by very long linear valleys paralleled by ridges, all 
running northeast to southwest. Within the proposed AVA, elevations 
range between 1,100 to 1,500 feet in the ridges and 700 to 1,000 feet 
in the valleys. The Valley and Ridge Province continues to the north 
and south of the proposed AVA. However, the petition notes that 
elevations in the northern portion of the Valley and Ridge Province are 
higher than within the proposed AVA, and elevations in the southern 
portion of the province are lower. East of the proposed AVA are the 
Blue Ridge Mountains, with elevations between 1,000 and 6,643 feet. 
West of the proposed AVA is the Cumberland Plateau and Cumberland 
Escarpment, which have average elevations between 1,500 and 1,800 feet. 
According to the petition, the proposed AVA's location between higher 
elevations to the east and west have an effect on climate, which is 
discussed in more detail in the following section.
Climate
    According to the petition, due to the influence of elevation, the 
proposed Nine Lakes of East Tennessee AVA is generally warmer than all 
surrounding regions except the region to the south. The petition states 
that, in general, temperatures decrease an average of three degrees F 
for every 1,000 feet in elevation, meaning that the higher-elevation 
regions to the north, east, and west of the proposed AVA can be 
expected to have generally cooler climates than the proposed AVA. The 
regions to the south and southwest of the proposed AVA, which have 
lower elevations, are generally warmer than the proposed AVA. The 
petition describes the proposed AVA's climate as ``well-suited to 
growing a wide variety of wine grapes, including vinifera, hybrid, 
native, and muscadine varietals.'' The petition notes that grape 
varietals grown in warm climates, like that of the proposed AVA, 
generally produce ``bigger, bolder wines with higher alcohol, soft 
acidity, a fuller body, and more dark or lush fruit flavors.'' By 
contrast, grapes grown in cooler climates often produce wines ``that 
are more subtle with lower alcohol, crisp acidity, a lighter body, and 
typically bright fruit flavors.''
    To support the climate claims, the petition includes data on the 
growing season length, average maximum and minimum temperatures, 
growing degree days (GDDs),\9\ USDA plant hardiness zones, and 
precipitation amounts for the proposed AVA and each of the surrounding 
regions. The petition gathered data from 12 weather stations within the 
proposed AVA and 16 weather stations outside the proposed AVA.\10\ The 
following tables, which were included in the petition, summarize the 
climate data for the locations within the proposed AVA and the 
surrounding regions.
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    \9\ See Albert J. Winkler, General Viticulture (Berkeley: 
University of California Press, 1974), pages 61-64. In the Winkler 
climate classification system, annual heat accumulation during the 
growing season, measured in annual Growing Degree Days (GDDs), 
defines climatic regions. One GDD accumulates for each degree 
Fahrenheit that a day's mean temperature is above 50 degrees F, the 
minimum temperature required for grapevine growth. The Winkler scale 
regions are as follows: Region Ia, 1,500-2,000 GDDs; Region Ib, 
2,000-2,500 GDDs; Region II, 2,500-3,000 GDDs; Region III, 3,000-
3,500 GDDs; Region IV, 3,500-4,000 GDDs; Region V, 4,000-4,900 GDDs.
    \10\ Twelve stations were within the proposed AVA: 4 to the 
northeast; 2 each to the east, south, and southwest; and 3 each to 
the west and northeast. For a map showing the location of each 
weather station, see the map prior to the tables in the petition as 
well as Table 1 in the petition, which is posted in Docket No. TTB-
2023-0008 at https://www.regulations.gov.

[[Page 64849]]



                                Table 1--Mean Growing Season \11\ Length in Days
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                      Region \12\                             Minimum            Maximum              Mean
----------------------------------------------------------------------------------------------------------------
Within Proposed AVA....................................                188                233              212.8
Northeast..............................................                169                220                202
East...................................................                190                200                190
South..................................................                217                242              229.5
Southwest..............................................                227                227                227
West...................................................                205                227             212.33
Northwest..............................................                194                209              201.5
----------------------------------------------------------------------------------------------------------------

    The growing season data indicates that the average growing season 
in the proposed Nine Lakes of East Tennessee AVA is longer than the 
growing seasons in each of the surrounding regions except the regions 
to the south and southwest.
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    \11\ Defined as the period between last spring frost and first 
fall frost.
    \12\ Growing season data was not available for the Jefferson 
City and Kingston stations within the proposed AVA, the Mt. LeConte 
station to the east, the Sewanee station to the southwest, and the 
Newcomb station to the northwest. For individual station growing 
season data, see Table 5 in the petition, which is posted in Docket 
No. TTB-2023-0008 at https://www.regulations.gov.

  Table 2--Average Growing Season Growing Degree Day Accumulations \13\
------------------------------------------------------------------------
                                                        Winkler climate
              Region                 GDD accumulation        region
------------------------------------------------------------------------
Within proposed AVA...............              3,837                 IV
Northeast.........................              3,374                III
East..............................              1,905                 II
South.............................              4,323                  V
Southwest.........................              3,733                 IV
West..............................              3,804                 IV
Northwest.........................              3,329                III
------------------------------------------------------------------------

    Although climate of the proposed AVA can be classified as a Winkler 
Region IV, which is similar to that of the regions to the southwest and 
west, the proposed AVA accumulates more GDDs overall than each of the 
surrounding regions except the region to the south.
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    \13\ For average monthly and growing season GDD accumulations 
for each location, see Table 7 in petition, which is posted in 
Docket No. TTB-2023-0008 at https://www.regulations.gov.
    \14\ For average monthly maximum and minimum temperatures for 
each location, see Tables 2 and 3 in the petition, which is posted 
in Docket No. TTB-2023-0008 at https://www.regulations.gov.
    \15\ For average monthly growing season temperatures for each 
location, see Table 4 in the petition, which is posted in Docket No. 
TTB-2023-0000 at https://www.regulations.gov.

      Table 3--Average Maximum and Minimum Annual Temperatures \14\
------------------------------------------------------------------------
                                     Average maximum    Average minimum
              Region                   temperature        temperature
------------------------------------------------------------------------
Within proposed AVA...............                 69                 45
Northeast.........................                 67                 43
East..............................                 60                 38
South.............................                 71                 48
Southwest.........................                 66                 47
West..............................                 68                 46
Northwest.........................                 66                 44
------------------------------------------------------------------------


  Table 4--Average Growing Season (April-October) Temperatures \15\ and
                          Plant Hardiness Zones
------------------------------------------------------------------------
                                     Average growing
              Region                      season        Plant hardiness
                                       temperature            zone
------------------------------------------------------------------------
Within proposed AVA...............                 67                 7a
Northeast.........................                 65                 6b
East..............................                 58                 6b
South.............................                 70                 7b
Southwest.........................                 67                 7a
West..............................                 67                 6b
Northwest.........................                 65                 6b
------------------------------------------------------------------------


[[Page 64850]]

    The petition states that temperatures within the proposed AVA will 
vary due to elevation, with the low valleys being warmer than the 
higher ridges. Overall, minimum temperatures in the proposed AVA are 
higher than each of the surrounding regions except the regions to the 
south, southwest, and west. Maximum temperatures within the proposed 
AVA are higher than each region except the south. The average growing 
season temperature within the proposed AVA is the same as in the 
regions to the southwest and west, lower than the region to the south, 
and higher than in the regions to the east, northeast, and northwest.
    The proposed AVA is categorized in hardiness zone 7a, meaning that 
annual extreme minimum temperatures are between 5 and 0 degrees F. The 
higher-elevation regions to the east, northeast, west, and northeast, 
are in zone 6b, meaning that annual extreme minimum temperatures are 
lower than within the proposed AVA. The lower-elevation region to the 
south of the proposed AVA is in zone 7b, which has higher annual 
extreme minimum temperatures than the proposed AVA.
    Finally, the petition provided information on the average annual, 
growing season, and winter precipitation amounts for locations within 
the proposed Nine Lakes of East Tennessee AVA and the surrounding 
regions.

                                         Table 5--Precipitation Amounts
                                                [In inches] \16\
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                                                           Growing season         Winter             Annual
                         Region                            precipitation      precipitation      precipitation
                                                                \17\               \18\               \19\
----------------------------------------------------------------------------------------------------------------
Within proposed AVA....................................              28.57              13.84              51.09
Northeast..............................................              25.75              11.15              43.76
East...................................................              34.96              13.78              58.12
South..................................................              28.56              14.65              53.16
Southwest..............................................              33.13              16.09              60.19
West...................................................              30.11              14.50              54.48
Northwest..............................................              30.66              13.74              53.45
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    According to the petition, the higher elevations of the Cumberland 
Plateau to the west and northwest of the proposed AVA and the Blue 
Ridge Mountains to the east of the proposed AVA act as a shield to 
block the heaviest rainfall from entering the proposed Nine Lakes of 
East Tennessee AVA. The proposed AVA receives less rainfall annually 
and during the growing season than each of the surrounding regions 
except the region to the northeast. The region to the south of the 
proposed AVA has similar growing season rainfall amounts, but still has 
greater annual rainfall amounts. The petition also notes that the 
lowest rainfall amounts in the proposed AVA occur in August, September, 
and October, which aids in the ripening and harvest of the grapes; only 
the region to the northeast has lower precipitation amounts during 
those three months.
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    \16\ For average monthly precipitation amounts for each 
location, see Table 8 in the petition, which is posted in Docket No. 
TTB-2023-0008 at https://www.regulations.gov.
    \17\ Defined in the petition as April through October.
    \18\ Defined in the petition as December, January, and February.
    \19\ Defined as the total precipitation from all 12 months.
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Summary of Distinguishing Features

    In summary, the geology, soils, topography, and climate of the 
proposed Nine Lakes of East Tennessee AVA distinguish it from the 
surrounding regions. The following table shows the characteristics of 
the proposed AVA compared to the features of the surrounding regions.

                            Table 6--Features of Proposed AVA and Surrounding Regions
----------------------------------------------------------------------------------------------------------------
                                                                    Features
      Region (location)       ----------------------------------------------------------------------------------
                                   Geology           Soils          Topography                Climate
----------------------------------------------------------------------------------------------------------------
Proposed AVA.................  Valley and       Ultisols soil    Elevations       Mean growing season length of
                                Ridge            order; udic      between 700      212.8 days; 3,837 GDDs
                                Province;        soil moisture    and 1,500        (Region IV); average Maximum
                                sedimentary      regime;          feet; long,      temperature 69 degrees F;
                                rocks            thermic soil     linear valleys   average minimum temperature
                                initially        temperature      paralleled by    45 degrees F; average growing
                                deposited        regime;          ridges;          season temperature 67 degrees
                                during the       strongly         northeast-to-    F; plant hardiness zone 7a;
                                Paleozoic era;   leached, acid    southwest        average growing season
                                bedrock of       forest soils     orientation.     precipitation 28.57 inches;
                                alternating      with low                          average winter precipitation
                                beds of          native                            13.84 inches; average annual
                                limestone,       fertility;                        precipitation 51.09 inches.
                                dolomite,        depth ranges
                                shale, and       from shallow
                                sandstone.       to very deep.
North........................  Similar to       Similar to       Higher           N/A.
                                proposed AVA.    proposed AVA.    elevations.

[[Page 64851]]

 
Northeast....................  N/A............  N/A............  N/A............  Mean growing season length of
                                                                                   202 days; 3,374 GDDs (Region
                                                                                   III); Average maximum
                                                                                   temperature 67 degrees F;
                                                                                   average minimum temperature
                                                                                   43 degrees F; average growing
                                                                                   season temperature 65 degrees
                                                                                   F; plant hardiness zone 6b;
                                                                                   average growing season
                                                                                   precipitation 25.75 inches;
                                                                                   average winter precipitation
                                                                                   11.15 inches; average annual
                                                                                   precipitation 43.76 inches.
East.........................  Appalachian      Primarily        Elevations       Mean growing season length of
                                Mountain         Inceptisols      between 1,000    190 days; 1,905 GDDs (Region
                                system;          soil order       and 6,643 feet.  II); average maximum
                                comprised of     with some                         temperature 60 degrees F;
                                Lower            Ultisols; udic                    average minimum temperature
                                Paleozoic        soil moisture                     38 degrees F; average growing
                                limestone,       regime; mesic                     season temperature 58 degrees
                                dolomite, and    or frigid soil                    F; plant hardiness zone 6b;
                                shale with       temperature                       average growing season
                                exposures of     regime; well-                     precipitation 34.96 inches;
                                Precambrian      drained,                          average winter precipitation
                                igneous and      acidic soils.                     13.78 inches; average annual
                                metamorphic                                        precipitation 58.12 inches.
                                basement rocks
                                such as tuff,
                                rhyolite,
                                granite,
                                schist, and
                                quartzite, as
                                well as
                                Precambrian
                                sedimentary
                                and
                                metamorphic
                                sandstone,
                                conglomerate,
                                arkose, and
                                siltstone.
South........................  Similar to       Similar to       Lower            Mean growing season length of
                                proposed AVA.    proposed AVA.    elevations.      229.5 days; 4,323 GDDs
                                                                                   (Region V); Average maximum
                                                                                   temperature 71 degrees F;
                                                                                   average minimum temperature
                                                                                   48 degrees F; average growing
                                                                                   season temperature 70 degrees
                                                                                   F; plant hardiness zone 7b;
                                                                                   average growing season
                                                                                   precipitation 28.56; average
                                                                                   winter precipitation 14.65
                                                                                   inches; average annual
                                                                                   precipitation 53.16 inches.
Southwest....................  N/A............  N/A............  N/A............  Mean growing season length of
                                                                                   227 days; 3,733 GDDs (Region
                                                                                   IV); average maximum
                                                                                   temperature 66 degrees F;
                                                                                   average minimum temperature
                                                                                   47 degrees F; average growing
                                                                                   season temperature 67
                                                                                   degrees; plant hardiness zone
                                                                                   7a; average growing season
                                                                                   precipitation 33.13 inches;
                                                                                   average winter precipitation
                                                                                   16.09 inches; average annual
                                                                                   precipitation 60.19 inches.
West.........................  Cumberland       Inceptisols and  Elevations       Mean growing season length of
                                Plateau and      Ultisols soil    between 1,500    212.33 days; 3,804 GDDs
                                Cumberland       orders;          and 1,800 feet.  (Region IV); average maximum
                                Escarpment;      thermic or                        temperature 68 degrees F;
                                highly           mesic soil                        average minimum temperature
                                resistant        temperature                       46 degrees F; average growing
                                caprock of       regime; udic                      season temperature 67 degrees
                                Pennsylvanian    soil moisture                     F; plant hardiness zone 6b;
                                age sandstone    regime.                           average growing season
                                and                                                precipitation 30.11 inches;
                                conglomerate.                                      average winter precipitation
                                                                                   14.50 inches; average annual
                                                                                   precipitation 54.48 inches.
Northwest....................  N/A............  N/A............  N/A............  Mean growing season length of
                                                                                   201.5 days; 3,329 GDDs
                                                                                   (Region III); average maximum
                                                                                   temperature 66 degrees F;
                                                                                   average minimum temperature
                                                                                   44 degrees F; average growing
                                                                                   season temperature 65 degrees
                                                                                   F; plant hardiness zone 6b;
                                                                                   average growing season
                                                                                   precipitation 30.66; average
                                                                                   winter precipitation 13.74
                                                                                   inches; average annual
                                                                                   precipitation 53.45 inches.
----------------------------------------------------------------------------------------------------------------

TTB Determination

    TTB concludes that the petition to establish the proposed Nine 
Lakes of East Tennessee AVA merits consideration and public comment, as 
invited in this notice of proposed rulemaking.

Boundary Description

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

Maps

    The petitioner provided the required maps, and TTB lists them below 
in the proposed regulatory text. You may also view the proposed Nine 
Lakes of East Tennessee AVA boundary on the AVA Map Explorer on the TTB 
website, at

[[Page 64852]]

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, ``Nine Lakes of 
East Tennessee,'' 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 ``Nine Lakes of East 
Tennessee'' in a brand name, including a trademark, or in another label 
reference as to the origin of the wine, would have to ensure that the 
product is eligible to use the AVA name as an appellation of origin if 
TTB adopts this proposed rule as a final rule.

Public Participation

Comments Invited

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

Submitting Comments

    You may submit comments on this proposal as an individual or on 
behalf of a business or other organization via the Regulations.gov 
website or via postal mail, as described in the ADDRESSES section of 
this document. Your comment must reference Notice No. 226 and must be 
submitted or postmarked by the closing date shown in the DATES section 
of this document. You may upload or include attachments with your 
comment. You also may request a public hearing on this proposal. The 
TTB Administrator reserves the right to determine whether to hold a 
public hearing.

Confidentiality and Disclosure of Comments

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

Regulatory Flexibility Act

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

Executive Order 12866

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

List of Subjects in 27 CFR Part 9

    Wine.

Proposed Regulatory Amendment

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

PART 9--AMERICAN VITICULTURAL AREAS

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.__  Nine Lakes of East Tennessee.

    (a) Name. The name of the viticultural area described in this 
section is ``Nine Lakes of East Tennessee''. For purposes of part 4 of 
this chapter, ``Nine Lakes of East Tennessee'' is a term of 
viticultural significance.
    (b) Approved maps. The 6 United States Geological Survey (USGS) 
1:100,000 scale topographic maps used to determine the boundary of the 
Nine Lakes of East Tennessee viticultural area are:
    (1) Middlesboro, KY-Tenn.-VA, 1977;
    (2) Morristown, Tennessee, 1981;
    (3) Knoxville, Tenn.-N.C., 1983;
    (4) Oak Ridge, Tennessee, 1979;
    (5) Watts Bar Lake, Tennessee, 1981; and
    (6) Cleveland, Tennessee-N.C., 1981.
    (c) Boundary. The Nine Lakes of East Tennessee viticultural area is 
located in Anderson, Blount, Campbell, Claiborne, Cocke, Grainger, 
Hamblen, Jefferson, Knox, Loudon, Monroe, Roane, Sevier, and Union 
Counties, Tennessee. The boundary of the viticultural area is as 
described as follows:
    (1) The beginning point is on the Middlesboro map at the 
intersection of the shared Hancock-Claiborne County line and the shared 
Virginia-Tennessee State line. From the beginning point, proceed west 
along the Virginia-

[[Page 64853]]

Tennessee State line for 10.13 miles to the boundary of the Cumberland 
Gap National Historical Park; then
    (2) Proceed southwest, then northwest along the park boundary for 
approximately 4.78 miles to its intersection with the 500-meter 
elevation contour on Powell Mountain; then
    (3) Proceed southwest, then northeast, then southwest along the 
meandering 500-meter elevation contour for approximately 11.18 miles, 
crossing onto the Morristown map, and continuing along the 500-meter 
elevation contour for approximately 10.38 miles, crossing onto the Oak 
Ridge map, and continuing along the 500-meter elevation contour for 8.7 
miles to the point where it turns sharply northeast just east of 
Highway 25W and north of Lafollette; then
    (4) Proceed west in a straight line for approximately 0.49 mile, 
crossing over Highway 25W, to the 500-meter elevation contour; then
    (5) Proceed southwest, then northeast along the 500-meter elevation 
contour for approximately 7.46 miles to its intersection with and 
unnamed tributary of Bruce Creek; then
    (6) Proceed west in a straight line to Interstate 75; then
    (7) Proceed south in a straight line for approximately 6.34 miles 
to the intersection of the Campbell and Anderson County lines; then
    (8) Proceed south along the shared Campbell-Anderson County line 
for approximately 6.28 miles, crossing over Stony Fork, to the 
intersection with an unnamed trail running southwest-to-northeast along 
Windrock Mountain; then
    (9) Proceed southwest in a straight line for 9.26 miles to the 
intersection with the shared Anderson-Morgan County line; then
    (10) Proceed southeast along the Anderson-Morgan County line for 
approximately 5.59 miles to its intersection with the Roane County 
line; then
    (11) Proceed southwest along the shared Roane-Morgan County line 
for approximately 5.65 miles, crossing onto the Watts Bar Lake map, and 
continuing along the Roane-Morgan County line to its intersection with 
the Cumberland County line; the
    (12) Proceed southwest in a straight line for approximately 8.82 
miles to the intersection of the Roane and Rhea County lines and State 
Road 29; then
    (13) Proceed southerly along the shared Roane-Rhea County line for 
approximately 5.47 miles to its intersection with the Meigs County 
line; then
    (14) Proceed south-southeast along the Roane-Meigs County line to 
its intersection with the McMinn County line; then
    (15) Proceed east along the shared Roane-McMinn County line for 1.8 
miles to the intersection with the Loudon County line; then
    (16) Proceed south, then easterly along the shared Loudon-McMinn 
County line to its intersection with the Monroe County line; then
    (17) Proceed south, then southeast along the shared McMinn-Monroe 
County line for approximately 10.56 miles, crossing onto the Cleveland, 
Tennessee-North Carolina map, and continuing along the shared McMinn-
Monroe County line for approximately 13.67 miles to the intersection 
with an unnamed highway known locally as State Road 39/Mecca Highway; 
then
    (18) Proceed southeast along State Road 39 for approximately 3.04 
miles to its intersection with the Cherokee National Forest boundary, 
which is concurrent with Conasauga Creek; then
    (19) Proceed southeasterly, then northerly along the Cherokee 
National Forest boundary for approximately 23.67 miles, crossing onto 
the Watts Bar Lake map, and continue northeasterly, then easterly along 
the forest boundary for approximately 15.35 miles as it meanders east 
through Tellico Lake and becomes concurrent with the Blount-Monroe 
County line and crosses onto the Knoxville, Tennessee-North Carolina 
map, to the forest boundary's intersection with Abrams Creek; then
    (20) Proceed north in a straight line for approximately 1,500 feet 
to the Great Smoky Mountains National Park boundary; then
    (21) Proceed northeast, then southeast, then northeast along the 
park boundary line for a total of approximately 51.47 miles to its 
intersection with the shared Cocke-Sevier County line near Rocky Grove; 
then
    (22) Proceed northeast in a straight line for 6.15 miles to the 
intersection of the Cherokee National Forest boundary with Highway 321/
State Road 32 and Rabbit Branch near Allen Grove; then
    (23) Proceed east along the forest boundary for 1.99 miles to its 
intersection with Interstate 40; then
    (24) Proceed north along Interstate 40 for 2.98 miles to its 
intersection with Highway 321; then
    (25) Proceed northeast along the forest boundary for 3.12 miles to 
its intersection with State Road 73 at Edwina; then
    (26) Proceed northeast in a straight line for 9.2 miles, crossing 
onto the Morristown map, and continuing northeast in a straight line 
for 4.16 miles to the shared Greene-Cocke County line; then
    (27) Proceed northwest along the Greene-Cocke County line to its 
intersection with the Hamblen County line; then
    (28) Proceed northeast along the Hamblen-Greene County line to its 
intersection with the Hawkins County line; then
    (29) Proceed northwest, then southwest along the Hawkins-Hamblen 
County line to its intersection with the Grainger County line; then
    (30) Proceed northwesterly along the Hawkins-Grainger County line 
to its intersection with the Hancock County line; then
    (31) Proceed west along the Grainger-Hancock County line to its 
intersection with the Claiborne County line; then
    (32) Proceed north along the Hancock-Claiborne County line for 
approximately 8.14 miles, crossing onto the Middlesboro map, and 
continuing northwest along the Hancock-Claiborne county line for 
approximately 8.51 miles to return to the beginning point.

    Signed: September 8, 2023.
Mary G. Ryan,
Administrator.
    Approved: September 11, 2023.
Thomas C. West, Jr.,
Deputy Assistant Secretary (Tax Policy).
[FR Doc. 2023-20346 Filed 9-19-23; 8:45 am]
BILLING CODE 4810-31-P