Establishment of the Tryon Foothills Viticultural Area

<RULE> DEPARTMENT OF THE TREASURY <SUBAGY>Alcohol and Tobacco Tax and Trade Bureau</SUBAGY> <CFR>27 CFR Part 9</CFR> <DEPDOC>[Docket No. TTB-2023-0011; T.D. TTB-202; Re: Notice No. 229]</DEPDOC> <RIN>RIN 1513-AD04</RIN> <SUBJECT>Establishment of the Tryon Foothills Viticultural Area</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Alcohol and Tobacco Tax and Trade Bureau, Treasury. <HD SOURCE="HED">ACTION:</HD> Final rule; Treasury decision. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Alcohol and Tobacco Tax and Trade Bureau (TTB) establishes the approximately 176-square mile “Tryon Foothills” American viticultural area (AVA) in Polk County, North Carolina. The Tryon Foothills AVA is not located within, nor does it contain, any other established viticultural area. TTB designates AVAs to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This final rule is effective October 29, 2025. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> 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. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background on Viticultural Areas</HD> <HD SOURCE="HD2">TTB Authority</HD> 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. <HD SOURCE="HD2">Definition</HD> 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. <HD SOURCE="HD2">Requirements</HD> 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; • If the proposed AVA is to be established within, or overlapping, an existing AVA, an explanation that both identifies the attributes of the proposed AVA that are consistent with the existing AVA and explains how the proposed AVA is sufficiently distinct from the existing AVA and therefore appropriate for separate recognition; • 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. <HD SOURCE="HD1">Petition To Establish Tryon Foothills AVA</HD> TTB received a petition from Cory J. Lillberg, vineyard manager of Parker-Binns Vineyard, proposing the establishment of the “Tryon Foothills” AVA in Polk County, North Carolina. The proposed Tryon Foothills AVA covers approximately 176 square miles and is not located within any other established AVA. There are five commercial vineyards covering a total of approximately 77.70 acres within the proposed AVA, as well as four wineries. According to the petition, the distinguishing features of the proposed Tryon Foothills AVA are its topography and climate. The proposed AVA is located on the western edge of the Inner Piedmont region of the Blue Ridge Mountains, which is described as a region of low mountains and rolling hills. Within the proposed AVA, the average elevation is 988 feet, while the maximum elevation is 1,656 feet and the minimum is 712 feet. The petition states that the topography of the proposed AVA contributes to the creation of a thermal belt. At night, warm air that has accumulated in the higher elevations becomes cooler and sinks. As the cool air sinks, it displaces warmer air at lower elevations. The warm air settles on the mountain slopes above the cascading cooler air and creates a warmer layer of air above the cooler air. This warmer layer is known as a thermal belt. Using the Winegrape Climate/Maturity Groupings classification system, <SU>1</SU> <FTREF/> the entire proposed Tryon Foothills AVA falls into the “Hot” category, which is defined as a region with an average growing season temperature between 67- and 72-degrees Fahrenheit (F). The average growing season length within the proposed AVA is 200-210 days. Ninety-five percent of the proposed AVA has average annual growing degree day (GDD)  <SU>2</SU> <FTREF/> accumulations in the very warm Region V category of the Winkler scale, while the remaining 5 percent of the proposed AVA is in the slightly cooler Region IV. According to the petition, the “Hot” region of the proposed AVA makes it suitable for growing grape varietals such as Zinfandel, Grenache, and Cabernet Sauvignon. <FTNT> <SU>1</SU>  Jones, G.V., <E T="03">Climate and Terroir Variability and Change on Wine: Presentation: In Fine Wine and Terroir—The Geoscience Perspective,</E> McQueen, R.W., and Meinert, L.D. (eds.), Geoscience Canada Reprint Series Number 9, Geological Association of Canada, St. John's Newfoundland, (2006), p. 247. </FTNT> <FTNT> <SU>2</SU>   <E T="03">See</E> Albert J. Winkler, <E T="03">General Viticulture</E> (Berkeley: University of California Press, 1974), pp. 61-64. In the Winkler climate classification system, annual heat accumulation during the growing season, measured in annual Growing Degree Days (GDDs), defines climatic regions. One GDD accumulates for each degree Fahrenheit that a day's mean temperature is above 50 degrees F, the minimum temperature required for grapevine growth. The Winkler scale regions are as follows: Region Ia: 1,500-2,000 GDDs; Region Ib: 2,000-2,500 GDDs; Region II: 2,500-3,000 GDDs; Region III: 3,000-3,500 GDDs; Region IV: 3,500-4,000 GDDs; Region V: 4,000-4,900 GDDs. </FTNT> The petition states that, in general, the regions to the west, northeast, and northwest of the proposed AVA are cooler and have a greater range of average temperatures than the proposed AVA. The regions to the west and northwest mostly fall into the “Warm” category of the Winegrape Climate/Maturity Groupings classification system, have average growing season lengths of between 180 and 190 days, and have average annual GDD accumulations that place them in Region III of the Winkler scale. Approximately 68 percent of the region to the northeast of the proposed AVA falls into the “Hot” category of the Winegrape Climate/Maturity Groupings classification system. However, unlike the proposed AVA, approximately 22 percent of the region is also in the cooler “Warm” category. The majority of the region to the northeast has an average growing season length of 190-200 days and average annual GDD accumulations that place it in Region IV of the Winkler scale. The proposed AVA and the region to the east have approximately the same average annual temperatures, but the region to the east has a lower average minimum temperature. While the region to the east is also mostly in the “Hot” category of the Winegrape Climate/Maturity Groupings classification system, similar to the proposed AVA, it does also have some areas that are in the “Warm” category. The average growing season length in the region to the east is 200-210 days, and approximately 82 percent of the region is in Region V of the Winkler scale. The region south of the proposed AVA is warmer, as temperatures grow progressively warmer the farther south one travels from the proposed AVA. 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