[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
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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
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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
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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
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[[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\
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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
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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