Proposed Establishment of the Niagara Escarpment Viticultural Area (2004R-589P), 6792-6796 [05-2489]
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Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Proposed Rules
life requirement of this AD with the following
provisions:
1. Upon accumulating 1,600 hours time-inservice (TIS), inspect the outboard two lower
spar cap bolt holes following Snow
Engineering Process Specification PS 197,
dated June 4, 2002.
2. Repeat these inspections at intervals of
(as applicable):
a. 800 hours TIS (all serial numbers except
as noted in b).
b. 600 hours TIS (serial numbers AT502B–
0187 through AT502B–0618 that do not have
the part number 20998–1/-2 web plate
installed).
c. If the outboard two lower spar cap bolt
holes have been cold worked following Snow
Engineering Service Letter # 233 or #234,
both dated May 18, 2004, then you may
double (1,600 hours TIS or 1,200 hours TIS,
as applicable) the inspection interval (See
Note 1—re: mid cycle cold work).
3. If at any time a crack is found, and:
a. If the crack indication goes away by
drilling the hole to the next larger size, then
you may modify your center splice following
Snow Engineering Drawing 20989. After
modification, proceed to step 5.
b. If the crack indication does not go away,
then you must replace your lower spar caps
before further flight.
4. For all serial numbers, upon
accumulating 4,000 hours TIS, you must
modify your center splice connection
following ATI drawing 20989, unless
previously done. Prior to the modification
perform an eddy-current inspection
following PS #197 (See Note 2).
5. Upon accumulating 1,600 hours TIS
after modification, inspect the outboard two
lower spar cap bolt holes following Snow
Engineering Process Specification PS 197.
6. Repeat the inspection at intervals of:
a. 800 hours TIS; or
b. 1,600 hours TIS if the outboard two
lower spar cap bolt holes have been cold
worked following Snow Engineering Service
Letter #233 or #234, both dated May 18, 2004
(See Note 1).
c. If at any time a crack is found, you must
replace before further flight your lower spar
caps, splice blocks, and wing attach angles
and hardware.
7. Upon accumulating 8,000 hours TIS, you
must replace before further flight your lower
spar caps, splice blocks, and wing attach
angles (P/N 20693–1) and associated
hardware.
Note 1: If you decide to cold work your
bolt holes following Snow Engineering
Service Letter #233 or #234, both dated May
18, 2002, at a TIS that does not coincide with
a scheduled inspection following this AD,
then inspect at the time of cold working and
then begin the 1,600/1,200 hour TIS
inspection intervals.
Note 2: If you have modified your airplane
prior to accumulating 4,000 hours TIS, then
you may continue to fly your airplane past
modification + 4,000 hours TIS provided you
cut your inspection intervals in half. Upon
accumulating 8,000 hours TIS, you must
comply with step 7 above. See example:
Example: An AT–502B had the two-part
modification installed at 3,000 hours TIS and
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the bolt holes have not been cold worked.
The first inspection would occur at 4,600
hours TIS, followed by inspections at 5,400,
6,200 and 7,000 hours TIS. This airplane may
continue to fly if inspected again at 7,400 and
7,800 hours TIS (this is at 400 hour TIS
intervals instead of 800 hours TIS intervals).
Upon accumulating 8,000 hours TIS, you
must modify the wing following Step 7
above.
8. If you have elected to use repetitive
inspections in this AMOC instead of the safe
life, you must make a logbook entry as
follows:
‘‘Following AD 2002–26–05, at XXXX
{insert hours TIS} hours TIS an eddy-current
inspection has been performed. As of now,
the safe life listed in the AD no longer
applies to this airplane. This airplane must
be eddy-current inspected at intervals not to
exceed {800/600/1,200/1,600 as applicable}
hours TIS.’’
For Model AT–502B airplanes, serial
number 0643 and all serial numbers
beginning with 0655, you may extend your
safe life as an alternative to the safe life
requirement of AD 2002–26–05, as follows:
1. Upon accumulating 2,100 hours TIS,
perform an eddy-current inspection of the
outboard two bolt holes of the lower spar
wing center splice following PS #197, dated
June 4, 2002.
2. If no cracks are found, then you may fly
an additional 1,000 hours TIS.
3. You must replace the lower spar caps
before further flight if cracks are found or
upon accumulating the additional 1,000
hours TIS, whichever occurs first.
Issued in Kansas City, Missouri, on
February 3, 2005.
Nancy C. Lane,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–2507 Filed 2–8–05; 8:45 am]
BILLING CODE 4910–13–P
identify the wines they may purchase.
We invite comments on this proposed
addition to our regulations.
DATES: We must receive written
comments on or before April 11, 2005.
ADDRESSES: You may send comments to
any of the following addresses:
• Chief, Regulations and Procedures
Division, Alcohol and Tobacco Tax and
Trade Bureau, Attn: Notice No. 33, P.O.
Box 14412, Washington, DC 20044–
4412.
• 202–927–8525 (facsimile).
• nprm@ttb.gov (e-mail).
• https://www.ttb.gov/alcohol/rules/
index.htm. An online comment form is
posted with this notice on our Web site.
• https://www.regulations.gov. Federal
e-rulemaking portal; follow instructions
for submitting comments.
You may view copies of this notice,
the petition, the appropriate maps, and
any comments we receive about this
notice by appointment at the TTB
Library, 1310 G Street, NW.,
Washington, DC 20220. To make an
appointment, call (202) 927–2400. You
may also access copies of the notice and
comments online at https://www.ttb.gov/
alcohol/rules/index.htm.
See the Public Participation section of
this notice for specific instructions and
requirements for submitting comments,
and for information on how to request
a public hearing.
FOR FURTHER INFORMATION CONTACT:
Jennifer Berry, Alcohol and Tobacco
Tax and Trade Bureau, Regulations and
Procedures Division, P.O. Box 18152,
Roanoke, VA 24014; telephone (540)
344–9333.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE TREASURY
Background on Viticultural Areas
Alcohol and Tobacco Tax and Trade
Bureau
TTB Authority
27 CFR Part 9
[Notice No. 33]
RIN 1513–AA97
Proposed Establishment of the Niagara
Escarpment Viticultural Area (2004R–
589P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Alcohol and Tobacco Tax
and Trade Bureau proposes to establish
the ‘‘Niagara Escarpment’’ viticultural
area in Niagara County, New York. We
designate viticultural areas to allow
bottlers to better describe the origin of
wines and to allow consumers to better
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Section 105(e) of the Federal Alcohol
Administration Act (the FAA Act, 27
U.S.C. 201 et seq.) requires that alcohol
beverage labels provide the consumer
with adequate information regarding a
product’s identity and prohibits the use
of misleading information on those
labels. The FAA Act also authorizes the
Secretary of the Treasury to issue
regulations to carry out its provisions.
The Alcohol and Tobacco Tax and
Trade Bureau (TTB) administers these
regulations.
Part 4 of the TTB regulations (27 CFR
part 4) allows the establishment of
definitive viticultural areas and 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) contains the
list of approved viticultural areas.
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Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Proposed Rules
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
distinguishable by geographical
features, the boundaries of which have
been recognized and defined 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 its
geographic origin. The establishment of
viticultural areas allows vintners to
describe more accurately the origin of
their wines to consumers and helps
consumers to identify wines they may
purchase. Establishment of a viticultural
area is neither an approval nor an
endorsement by TTB of the wine
produced in that area.
Requirements
Section 4.25(e)(2) of the TTB
regulations outlines the procedure for
proposing an American viticultural area
and provides that any interested party
may petition TTB to establish a grapegrowing region as a viticultural area.
Section 9.3(b) of the TTB regulations
requires the petition to include—
• Evidence that the proposed
viticultural area is locally and/or
nationally known by the name specified
in the petition;
• Historical or current evidence that
supports setting the boundary of the
proposed viticultural area as the
petition specifies;
• Evidence relating to the
geographical features, such as climate,
elevation, physical features, and soils,
that distinguish the proposed
viticultural area from surrounding areas;
• A description of the specific
boundary of the proposed viticultural
area, based on features found on United
States Geological Survey (USGS) maps;
and
• A copy of the appropriate USGS
map(s) with the proposed viticultural
area’s boundary prominently marked.
Niagara Escarpment Petition
Michael VonHeckler of Warm Lake
Estate Vineyard and Winery petitioned
TTB for the establishment of an
American viticultural area to be called
‘‘Niagara Escarpment’’ in Niagara
County, New York. The proposed area
runs in a narrow, 28-mile long band
from the Niagara River at Lewiston in
the west, through the towns of Lockport
and Gasport, to Johnson Creek in the
east. According to the petitioner, the
proposed area contains about 18,000
acres and has approximately 400 acres
of established vineyards.
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Name Evidence
The proposed Niagara Escarpment
viticultural area derives its name from
the Niagara Escarpment, a limestone
ridge that runs for more than 650 miles
through the Great Lakes region. The
Niagara Escarpment forms a horseshoe
that begins near Rochester, New York,
continues west through southern
Ontario, Lake Huron, and the upper
peninsula of Michigan, and ends in
eastern Wisconsin. The Niagara
Escarpment enters Niagara County in
the east near the village of Johnson
Creek and then runs west through the
middle of the county along State Route
104 to the town of Lewiston. At the
county’s western end, the escarpment
forms the Niagara River Gorge, and, at
the head of the gorge, the escarpment
forms the cliff over which the Niagara
Falls plunge.
To demonstrate that the proposed
viticultural area is known locally and
nationally as ‘‘Niagara Escarpment,’’ the
petitioner submitted several excerpts
from government and travel Internet
sites that discuss the Niagara
Escarpment in Niagara County. These
included:
• A page on the Institute for Local
Governance and Regional Growth Web
site that discusses how the Niagara
River flows over the Niagara Escarpment
creating Niagara Falls. (See https://
www.regional-institute.buffalo.edu/regi/
natu.)
• Vintage New York’s Web site states
that the prime vineyard sites in western
New York are ‘‘bordered by the Niagara
River on the west, Lake Ontario on the
north and the Niagara escarpment on
the south.’’ (See https://
www.vintagenewyork.com/regions/erie.)
• The Niagara Tourism and
Convention Corporation’s Web site
notes that Niagara Landing Wine
Cellars, a Niagara County winery, is
‘‘located at the base of the Niagara
Escarpment.’’ (See https://www.niagarausa.com/attractions/niagaralanding.)
• The Western New York Regional
Information Network’s Town of Cambria
Web site describes the town as an
agricultural town ‘‘divided in the
middle by the Niagara Escarpment.’’
(See https://www.wnyrin.com/c_niag/
welc/juri/juri_cambt.)
In addition, a July 26, 2004, Toronto
Star newspaper article on New York
wineries included with the petition
discusses the Niagara Escarpment, and
notes that:
Ontario wine lovers are keenly aware of the
Niagara Escarpment, and ‘‘the Bench’’
creating a special microclimate for grape
growing in Niagara. Well, guess what: It
comes up in New York State on the other
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side of the lake, in Lockport, north of
Lewiston.
Although the Niagara Escarpment
continues westward from Niagara
County for several hundred miles, the
petitioner notes that most of its length
runs through Canada or the waters of
the Great Lakes. The petitioner adds that
remaining areas through which the
escarpment runs, the upper peninsula of
Michigan and eastern Wisconsin, are
not known as grape growing areas.
Boundary Evidence
The geography of the Niagara
Escarpment defines the boundary of the
proposed viticultural area, according to
the petitioner. He states that the
steepness of the Niagara Escarpment
makes it topographically distinct from
the Ontario Plain, which extends from
the south shore of Lake Ontario to the
escarpment’s base, and the Huron Plain,
which begins at the escarpment’s crest
and extends southward past the Niagara
County line. Both plains are relatively
flat, with slopes of less than 20 feet per
mile, according to the ‘‘Soil Survey of
Niagara County, New York (1972)’’, a
report submitted with the petition.
In contrast, the Niagara Escarpment
has a steep slope of 106 to 317 feet per
mile. The southern and northern
boundaries of the proposed Niagara
Escarpment viticultural area encompass
the escarpment’s north-facing slope
between the 600- and 400-foot elevation
lines, which, the petitioner states,
generally delineate the slope’s top and
bottom within the proposed viticultural
area.
The Niagara River, which forms the
international boundary between the
United States and Canada, marks the
western boundary of the proposed
viticultural area. The portion of the
Niagara Escarpment that extends west of
the Niagara River into the Canadian
province of Ontario is included in the
Niagara Peninsula viticultural area
designated by the Government of
Canada.
In the eastern end of Niagara County,
a portion of Johnson Creek, south of the
village of the same name, forms the
eastern boundary of the proposed
viticultural area. East of the creek,
elevations at the base of the Niagara
Escarpment climb from 400 to 500 feet,
and its slope becomes much narrower
and steeper, according to the petitioner
and the ‘‘Soil Survey of Niagara County,
New York.’’ The petitioner states that
these changes in the escarpment’s
topography make it less desirable for
wine grape production east of Johnson
Creek, and, for this reason, the
petitioner did not include the
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escarpment east of Johnson Creek
within the proposed viticultural area.
Growing Conditions
Topography and Soils
According to the petitioner, the
topography and soils of the proposed
area create distinct conditions for grape
growing than those in surrounding
areas. He notes that the Ontario and
Huron Plains are nearly flat with deep
soils that can harbor excessive water
and nutrients. In contrast, the petition
notes, the Niagara Escarpment has
rather shallow soils with poor nutrient
content, and has sufficient slope (2–6%)
to allow for drainage. The petitioner
states that that the conditions found in
the proposed area—well drained soils, a
steady but moderate water supply, and
restricted mineral content—result in
superior pigment and flavor compounds
in the resultant wine. On the other
hand, he states, the conditions of the
surrounding areas—poor drainage and
high nutrient content—result in less
pigmentation, diluted flavors, and lower
quality wine.
As evidence of these soil differences,
the petitioner cites the ‘‘Soil Survey of
Niagara County, New York.’’ The survey
states that the central portion of Niagara
County, along the escarpment, contains
the Hilton-Ovid-Ontario soil
association. It describes this association
as ‘‘deep, well-drained to somewhat
poorly drained soil.’’ In contrast, the
survey states that the Ontario Plain
north of the escarpment contains the
Rhinebeck-Ovid-Madalin association,
which it describes as having ‘‘deep,
somewhat poorly drained to very poorly
drained soils.’’ The Huron Plain south
of the escarpment contains the OdessaLakemont-Ovid association, which the
survey also describes as having ‘‘deep,
somewhat poorly drained to very poorly
drained soils.’’
Climate
According to the petitioner, the
location of the proposed Niagara
Escarpment viticultural area in relation
to Lake Ontario creates a microclimate
conducive to grape growing. He states
that the maritime influence of Lake
Ontario on the Niagara Escarpment
allows for sufficient growing season
heat accumulation in what is otherwise
a cool climate. The ‘‘Soil Survey of
Niagara County, New York,’’ notes that
Lake Ontario greatly influences the
climate of Niagara County, and it states
that ‘‘in fall the lake waters are a source
of heat that reduces cooling at night and
increases the length of [the] freeze-free
growing season.’’
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The climatic relationship between
Lake Ontario and the Niagara
Escarpment is discussed in greater
detail in ‘‘Site Selection for Grapes in
the Niagara Peninsula,’’ a publication
issued by the Horticultural Research
Institute of Ontario to assist grape
growers in Canada’s Niagara Peninsula
in selecting the best vineyard sites. The
petitioner notes that this publication’s
climate information can be applied to
the proposed viticultural area, which is
adjacent to the Niagara Peninsula and
shares Lake Ontario and the Niagara
Escarpment with it.
According to the site selection
publication, a unique airflow pattern
affects the land between Lake Ontario
and the crest of the escarpment. While
the land warms quickly on warm days
and cools rapidly on cool nights, the
lake’s temperature changes more slowly.
Therefore, in the spring the lake’s
temperature is cooler than the
temperature of the adjacent land, while
in the fall it is warmer. In the fall, air
rises as it is warmed by the lake,
drawing cooler air in from the lakeshore
and creating offshore breezes. As a
result, the site selection publication
states, ‘‘the air now above the lake is
warmed, rises and flows back over the
land, creating a circular heat-pump
effect.’’ In addition, the publication
notes, ‘‘the pattern airflow is altered by
the slope of the land. With steep slopes,
cold air drainage is rapid. Flat areas or
depressions tend to accumulate cold air
and become ‘frost pockets.’ ’’ For areas
between the lake and the escarpment,
this airflow pattern minimizes frost
conditions and increases heat
accumulation, thereby extending the
proposed viticultural area’s growing
season, according to the petition. Areas
south of the escarpment, the petition
notes, do not benefit from this effect and
are more prone to frost damage.
On the other hand, the lake’s airflow
pattern cools the adjacent land in the
spring and early summer. Areas within
two miles of the lakeshore can have a
two-week delay in bud break due to the
cooling effect of the lake. Also, daytime
temperatures are often cooler because of
the lake’s air currents. The site selection
publication notes that ‘‘most grape
cultivars require a long, warm season
and fruit quality is sometimes poor
close to the lake because of lower day
temperatures.’’ The proposed
viticultural area, however, is between 6
and 8 miles from Lake Ontario. The
proposed area therefore experiences
little or no delay in bud break or cooler
daytime temperatures due to the lake’s
influence, according to the petitioner.
In sum, the petitioner states that this
climate evidence shows that the
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proposed Niagara Escarpment
viticultural area has an extended
ripening season when compared to
grapes grown outside its boundary. In
contrast, the petitioner notes that areas
north of the escarpment experience
cooling spring temperatures that retard
growth, while areas south of the
escarpment are more prone to fall frost
damage.
Boundary Description
See the narrative boundary
description of the petitioned-for
viticultural area in the proposed
regulatory text published at the end of
this notice.
Maps
The petitioner provided the required
maps, and we list them below in the
proposed regulatory text.
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. If we
establish this proposed viticultural area,
its name, ‘‘Niagara Escarpment,’’ will be
recognized as a name of viticultural
significance. Consequently, wine
bottlers using ‘‘Niagara Escarpment’’ in
a brand name, including a trademark, or
in another label reference as to the
origin of the wine, will have to ensure
that the product is eligible to use the
viticultural area’s name as an
appellation of origin. On the other hand,
we do not believe that any single part
of the proposed viticultural name
standing alone, such as ‘‘Niagara,’’
would have viticultural significance if
the new area is established.
Accordingly, the proposed part 9
regulatory text set forth in this
document specifies only the full
‘‘Niagara Escarpment’’ name as a term of
viticultural significance for purposes of
part 4 of the TTB regulations.
For a wine to be eligible to use as an
appellation of origin the name of a
viticultural area specified in part 9 of
the TTB regulations, at least 85 percent
of the grapes used to make the wine
must have been grown within the area
represented by that name, and the wine
must meet the other conditions listed in
27 CFR 4.25(e)(3). If the wine is not
eligible to use the viticultural area name
as an appellation of origin 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 viticultural area name
appears in another reference on the
label in a misleading manner, the bottler
would have to obtain approval of a new
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label. Accordingly, if a new label or a
previously approved label uses the
name ‘‘Niagara Escarpment’’ for a wine
that does not meet the 85 percent
standard, the new label will not be
approved, and the previously approved
label will be subject to revocation, upon
the effective date of the approval of the
Niagara Escarpment viticultural area.
Different rules apply if a wine has a
brand name containing a viticultural
area name that was used as a brand
name on a label approved before July 7,
1986. See 27 CFR 4.39(i)(2) for details.
Public Participation
Comments Invited
We invite comments from interested
members of the public on whether we
should establish the proposed
viticultural area. We are also interested
in receiving comments on the
sufficiency and accuracy of the name,
climatic, boundary and other required
information submitted in support of the
petition. Please provide any available
specific information in support of your
comments.
Because of the potential impact of the
establishment of the proposed Niagara
Escarpment viticultural area on brand
labels that include the words ‘‘Niagara
Escarpment’’ as discussed above under
Impact on Current Wine Labels, we are
particularly interested in comments
regarding whether there will be a
conflict between the proposed area
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
negative economic impact that approval
of the proposed viticultural area will
have on an existing viticultural
enterprise. We are also interested in
receiving suggestions for ways to avoid
any conflicts, for example by adopting
a modified or different name for the
viticultural area.
Although TTB believes that only the
full name ‘‘Niagara Escarpment’’ should
be considered to have viticultural
significance upon establishment of the
proposed new viticultural area, we also
invite comments from those who believe
that ‘‘Niagara’’ standing alone would
have viticultural significance upon
establishment of the area. Comments in
this regard should include
documentation or other information
supporting the conclusion that use of
‘‘Niagara’’ on a wine label could cause
consumers and vintners to attribute to
the wine in question the quality,
reputation, or other characteristic of
wine made from grapes grown in the
proposed Niagara Escarpment
viticultural area.
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Submitting Comments
Please submit your comments by the
closing date shown above in this notice.
Your comments must include this
notice number and your name and
mailing address. Your comments must
be legible and written in language
acceptable for public disclosure. We do
not acknowledge receipt of comments,
and we consider all comments as
originals. You may submit comments in
one of five ways:
• Mail: You may send written
comments to TTB at the address listed
in the ADDRESSES section.
• Facsimile: You may submit
comments by facsimile transmission to
(202) 927–8525. Faxed comments
must—
(1) Be on 8.5 by 11-inch paper;
(2) Contain a legible, written
signature; and
(3) Be no more than five pages long.
This limitation assures electronic access
to our equipment. We will not accept
faxed comments that exceed five pages.
• E-mail: You may e-mail comments
to nprm@ttb.gov. Comments transmitted
by electronic mail must’
(1) Contain your e-mail address;
(2) Reference this notice number on
the subject line; and
(3) Be legible when printed on 8.5 by
11-inch paper.
• Online form: We provide a
comment form with the online copy of
this notice on our Web site at https://
www.ttb.gov/alcohol/rules/index.htm.
Select the ‘‘Send comments via e-mail’’
link under this notice number.
• Federal e-rulemaking portal: To
submit comments to us via the Federal
e-rulemaking portal, visit https://
www.regulations.gov and follow the
instructions for submitting comments.
You may also write to the
Administrator before the comment
closing date to ask for a public hearing.
The Administrator reserves the right to
determine, in light of all circumstances,
whether to hold a public hearing.
Confidentiality
6795
librarian at the above address or by
telephone at (202) 927–2400 to schedule
an appointment or to request copies of
comments.
For your convenience, we will post
this notice and any comments we
receive on this proposal on the TTB
Web site. We may omit voluminous
attachments or material that we
consider unsuitable for posting. In all
cases, the full comment will be available
in the TTB Library. To access the online
copy of this notice and any posted
comments, visit https://www.ttb.gov/
alcohol/rules/index.htm. Select the
‘‘View Comments’’ link under this
notice number to view the posted
comments.
Regulatory Flexibility Act
We certify 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
This proposed rule is not a significant
regulatory action as defined by
Executive Order 12866, 58 FR 51735.
Therefore, it requires no regulatory
assessment.
Drafting Information
Jennifer Berry of the Regulations and
Procedures Division drafted this notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the
preamble, we propose to amend title 27,
chapter 1, part 9, Code of Federal
Regulations, as follows:
All submitted material is part of the
public record and subject to disclosure.
Do not enclose any material in your
comments that you consider
confidential or inappropriate for public
disclosure.
PART 9—AMERICAN VITICULTURAL
AREAS
Public Disclosure
2. Amend subpart C by adding
§ 9. lll to read as follows:
You may view copies of this notice,
the petition, the appropriate maps, and
any comments we receive by
appointment at the TTB Library at 1310
G Street, NW., Washington, DC 20220.
You may also obtain copies at 20 cents
per 8.5 x 11-inch page. Contact our
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1. The authority citation for part 9
continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
§ 9. lll
Niagara Escarpment.
(a) Name. The name of the viticultural
area described in this section is
E:\FR\FM\09FEP1.SGM
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Federal Register / Vol. 70, No. 26 / Wednesday, February 9, 2005 / Proposed Rules
‘‘Niagara Escarpment’’. For purposes of
part 4 of this chapter, ‘‘Niagara
Escarpment’’ is a term of viticultural
significance.
(b) Approved Maps. The five United
States Geological Survey (USGS)
1:25,000 scale, topographic maps used
to determine the boundaries of the
Niagara Escarpment viticultural area are
titled—
(1) Lewiston, New York–Ontario,
1980;
(2) Ransomville, New York, 1980;
(3) Cambria, New York, 1980;
(4) Lockport, New York, 1980; and
(5) Gasport, New York, 1979.
(c) Boundary. The Niagara
Escarpment viticultural area is located
in Niagara County, New York. The
area’s boundaries are defined as
follows—
(1) On the Lewiston map, south of the
village of Lewiston within the Brydges
State Artpark, begin on the east bank of
the Niagara River at the mouth of Fish
Creek; then
(2) Proceed north along the east bank
of the Niagara River about 0.6 mile to
the northern boundary of the Brydges
State Artpark; then
(3) Proceed east along the northern
boundary of the Brydges State Artpark
about 0.8 mile to the park’s northeast
corner, and continue east in a straight
line a short distance to the Robert Moses
Parkway; then
(4) Proceed north along the Robert
Moses Parkway about 0.25 mile to Ridge
Road, and then east on Ridge Road
(State Route 104) about 0.15 mile to the
road’s first intersection with the 400foot contour line; then
(5) Continue easterly along the 400foot contour line, through the
Ransomville map (crossing Model City
Road, Dickersonville Road, and State
Route 429) and the Cambria map
(crossing Baer Road, Plank Road, and
State Route 93/270), and pass onto the
Lockport map to the contour line’s
junction with Sunset Drive; then
(6) Proceed north on Sunset Drive 0.3
mile to its intersection with Stone Road,
then east on Stone Road about 1.25
miles (crossing Eighteenmile Creek) to
the intersection of Stone, Purdy, and
Old Niagara Roads, and continue east
along Old Niagara Road about 0.4 mile
to its first intersection with the 400-foot
contour line; then
(7) Proceed northeasterly along the
400-foot contour line to its first junction
with Slayton Settlement Road, proceed
east on Slayton Settlement Road to Day
Road, and then proceed north on Day
Road to its first junction with the 400foot contour line; then
(8) Proceed easterly along the 400-foot
contour line, pass onto the Gasport map
VerDate jul<14>2003
16:48 Feb 08, 2005
Jkt 205001
(crossing Humphrey and Orangeport
Roads), and continue to the contour
line’s junction with Quaker Road; then
(9) Proceed north on Quaker Road
about 0.4 mile to its intersection with
State Route 104, and then east on State
Route 104 to its intersection with
Johnson Creek (at the village of Johnson
Creek); then
(10) Proceed south along Johnson
Creek (crossing the Erie Canal), to the
creek’s junction with Mountain Road;
then
(11) Proceed west on Mountain Road
to its intersection with Gasport Road,
then south on Gasport Road to its
intersection with Mill Road, then west
on Mill Road to its intersection with
Kayner Road, then north on Kayner
Road 0.65 mile to its junction with the
600-foot contour line; then
(12) Proceed westerly along the 600foot contour line (crossing Cottage Road)
to its junction with State Route 31, and
continue west on State Route 31,
passing onto the Lockport map and
crossing the Erie Canal within the city
of Lockport, to the intersection of State
Route 31 and Upper Mountain Road;
then
(13) Proceed north-northwesterly on
Upper Mountain Road 0.65 mile and
then northerly on Sunset Drive 0.25
mile to the junction of Sunset Drive and
the 600-foot contour line; then
(14) Proceed westerly along the 600foot contour line, continuing through
the Cambria map (crossing State Route
93/270 and then Blackman and Baer
Roads), through the Ransomville map
(crossing State Route 429 just north of
Pekin and then crossing Black Nose
Spring and Model City Roads), and,
passing onto the Lewiston map,
continue westward along the contour
line (through the Escarpment, Ramsey
Ridge, and Lewiston Heights
subdivisions), to the contour line’s
junction with Mountain View Drive
(just east of State Highway 104 near the
Niagara Falls Country Club); then
(15) Proceed west along Mountain
View Drive a short distance to its
intersection with State Route 104, and
then proceed south on State Route 104
to its junction with Fish Creek; then
(16) Proceed westerly along Fish
Creek and return to the beginning point
on the east bank of the Niagara River at
the mouth of Fish Creek.
Signed: February 2, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05–2489 Filed 2–8–05; 8:45 am]
BILLING CODE 4810–31–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[RME NO. R03–OAR–2004–DC–0010; FRL–
7870–8]
Approval and Promulgation of Air
Quality Implementation Plans; District
of Columbia, Maryland, Virginia;
Metropolitan Washington DC 1-Hour
Ozone Attainment Demonstration
Plans
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
the attainment demonstration State
Implementation Plan (SIP) revisions
submitted by the Commonwealth of
Virginia and the District of Columbia for
the Metropolitan Washington, D.C.
severe 1-hour ozone nonattainment area
(the Washington area). EPA is proposing
to approve the attainment
demonstration SIP revisions submitted
by the State of Maryland for the
Washington area contingent upon the
State submitting an approvable SIP
revision for certain penalty fees,
required by the Clean Air Act (the Act),
prior to the time EPA issues a final rule
on Maryland’s attainment
demonstration. In the alternative, EPA is
proposing to disapprove the attainment
demonstration SIP revision submitted
by the State of Maryland for the
Washington area. In the event we issue
a final rule disapproving Maryland’s
attainment demonstration for the State’s
failure to satisfy the Act’s penalty fee
provisions, EPA is also proposing to
issue a protective finding to preclude a
‘‘conformity freeze’’ pursuant to the
transportation conformity rule. These
revisions are being proposed in
accordance with the Act.
DATES: Written comments must be
received on or before March 11, 2005.
ADDRESSES: Submit your comments,
identified by Regional Material in
EDocket (RME) ID Number R03–OAR–
2004–DC–0010 by one of the following
methods:
A. Federal eRulemaking Portal: http:/
/www.regulations.gov. Follow the online instructions for submitting
comments.
B. Agency Website: https://
www.docket.epa.gov/rmepub/ RME,
EPA’s electronic public docket and
comment system, is EPA’s preferred
method for receiving comments. Follow
the on-line instructions for submitting
comments.
C. E-mail: morris.makeba@epa.gov.
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]]>Agencies
[Federal Register Volume 70, Number 26 (Wednesday, February 9, 2005)]
[Proposed Rules]
[Pages 6792-6796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2489]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 33]
RIN 1513-AA97
Proposed Establishment of the Niagara Escarpment Viticultural
Area (2004R-589P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
establish the ``Niagara Escarpment'' viticultural area in Niagara
County, New York. We designate viticultural areas to allow bottlers to
better describe the origin of wines and to allow consumers to better
identify the wines they may purchase. We invite comments on this
proposed addition to our regulations.
DATES: We must receive written comments on or before April 11, 2005.
ADDRESSES: You may send comments to any of the following addresses:
Chief, Regulations and Procedures Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 33, P.O. Box 14412,
Washington, DC 20044-4412.
202-927-8525 (facsimile).
nprm@ttb.gov (e-mail).
https://www.ttb.gov/alcohol/rules/index.htm. An online
comment form is posted with this notice on our Web site.
https://www.regulations.gov. Federal e-rulemaking portal;
follow instructions for submitting comments.
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive about this notice by appointment at
the TTB Library, 1310 G Street, NW., Washington, DC 20220. To make an
appointment, call (202) 927-2400. You may also access copies of the
notice and comments online at https://www.ttb.gov/alcohol/rules/
index.htm.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
FOR FURTHER INFORMATION CONTACT: Jennifer Berry, Alcohol and Tobacco
Tax and Trade Bureau, Regulations and Procedures Division, P.O. Box
18152, Roanoke, VA 24014; telephone (540) 344-9333.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide the consumer with adequate information regarding a product's
identity and prohibits the use of misleading information on those
labels. The FAA Act also authorizes the Secretary of the Treasury to
issue regulations to carry out its provisions. The Alcohol and Tobacco
Tax and Trade Bureau (TTB) administers these regulations.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and 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) contains
the list of approved viticultural areas.
[[Page 6793]]
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 distinguishable by geographical features, the boundaries
of which have been recognized and defined 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 its geographic origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area is
neither an approval nor an endorsement by TTB of the wine produced in
that area.
Requirements
Section 4.25(e)(2) of the TTB regulations outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.3(b) of the TTB regulations requires
the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, elevation, physical features, and soils, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
Niagara Escarpment Petition
Michael VonHeckler of Warm Lake Estate Vineyard and Winery
petitioned TTB for the establishment of an American viticultural area
to be called ``Niagara Escarpment'' in Niagara County, New York. The
proposed area runs in a narrow, 28-mile long band from the Niagara
River at Lewiston in the west, through the towns of Lockport and
Gasport, to Johnson Creek in the east. According to the petitioner, the
proposed area contains about 18,000 acres and has approximately 400
acres of established vineyards.
Name Evidence
The proposed Niagara Escarpment viticultural area derives its name
from the Niagara Escarpment, a limestone ridge that runs for more than
650 miles through the Great Lakes region. The Niagara Escarpment forms
a horseshoe that begins near Rochester, New York, continues west
through southern Ontario, Lake Huron, and the upper peninsula of
Michigan, and ends in eastern Wisconsin. The Niagara Escarpment enters
Niagara County in the east near the village of Johnson Creek and then
runs west through the middle of the county along State Route 104 to the
town of Lewiston. At the county's western end, the escarpment forms the
Niagara River Gorge, and, at the head of the gorge, the escarpment
forms the cliff over which the Niagara Falls plunge.
To demonstrate that the proposed viticultural area is known locally
and nationally as ``Niagara Escarpment,'' the petitioner submitted
several excerpts from government and travel Internet sites that discuss
the Niagara Escarpment in Niagara County. These included:
A page on the Institute for Local Governance and Regional
Growth Web site that discusses how the Niagara River flows over the
Niagara Escarpment creating Niagara Falls. (See https://www.regional-
institute.buffalo.edu/regi/natu.)
Vintage New York's Web site states that the prime vineyard
sites in western New York are ``bordered by the Niagara River on the
west, Lake Ontario on the north and the Niagara escarpment on the
south.'' (See https://www.vintagenewyork.com/regions/erie.)
The Niagara Tourism and Convention Corporation's Web site
notes that Niagara Landing Wine Cellars, a Niagara County winery, is
``located at the base of the Niagara Escarpment.'' (See https://
www.niagara-usa.com/attractions/niagaralanding.)
The Western New York Regional Information Network's Town
of Cambria Web site describes the town as an agricultural town
``divided in the middle by the Niagara Escarpment.'' (See https://
www.wnyrin.com/c_niag/welc/juri/juri_cambt.)
In addition, a July 26, 2004, Toronto Star newspaper article on New
York wineries included with the petition discusses the Niagara
Escarpment, and notes that:
Ontario wine lovers are keenly aware of the Niagara Escarpment,
and ``the Bench'' creating a special microclimate for grape growing
in Niagara. Well, guess what: It comes up in New York State on the
other side of the lake, in Lockport, north of Lewiston.
Although the Niagara Escarpment continues westward from Niagara
County for several hundred miles, the petitioner notes that most of its
length runs through Canada or the waters of the Great Lakes. The
petitioner adds that remaining areas through which the escarpment runs,
the upper peninsula of Michigan and eastern Wisconsin, are not known as
grape growing areas.
Boundary Evidence
The geography of the Niagara Escarpment defines the boundary of the
proposed viticultural area, according to the petitioner. He states that
the steepness of the Niagara Escarpment makes it topographically
distinct from the Ontario Plain, which extends from the south shore of
Lake Ontario to the escarpment's base, and the Huron Plain, which
begins at the escarpment's crest and extends southward past the Niagara
County line. Both plains are relatively flat, with slopes of less than
20 feet per mile, according to the ``Soil Survey of Niagara County, New
York (1972)'', a report submitted with the petition.
In contrast, the Niagara Escarpment has a steep slope of 106 to 317
feet per mile. The southern and northern boundaries of the proposed
Niagara Escarpment viticultural area encompass the escarpment's north-
facing slope between the 600- and 400-foot elevation lines, which, the
petitioner states, generally delineate the slope's top and bottom
within the proposed viticultural area.
The Niagara River, which forms the international boundary between
the United States and Canada, marks the western boundary of the
proposed viticultural area. The portion of the Niagara Escarpment that
extends west of the Niagara River into the Canadian province of Ontario
is included in the Niagara Peninsula viticultural area designated by
the Government of Canada.
In the eastern end of Niagara County, a portion of Johnson Creek,
south of the village of the same name, forms the eastern boundary of
the proposed viticultural area. East of the creek, elevations at the
base of the Niagara Escarpment climb from 400 to 500 feet, and its
slope becomes much narrower and steeper, according to the petitioner
and the ``Soil Survey of Niagara County, New York.'' The petitioner
states that these changes in the escarpment's topography make it less
desirable for wine grape production east of Johnson Creek, and, for
this reason, the petitioner did not include the
[[Page 6794]]
escarpment east of Johnson Creek within the proposed viticultural area.
Growing Conditions
Topography and Soils
According to the petitioner, the topography and soils of the
proposed area create distinct conditions for grape growing than those
in surrounding areas. He notes that the Ontario and Huron Plains are
nearly flat with deep soils that can harbor excessive water and
nutrients. In contrast, the petition notes, the Niagara Escarpment has
rather shallow soils with poor nutrient content, and has sufficient
slope (2-6%) to allow for drainage. The petitioner states that that the
conditions found in the proposed area--well drained soils, a steady but
moderate water supply, and restricted mineral content--result in
superior pigment and flavor compounds in the resultant wine. On the
other hand, he states, the conditions of the surrounding areas--poor
drainage and high nutrient content--result in less pigmentation,
diluted flavors, and lower quality wine.
As evidence of these soil differences, the petitioner cites the
``Soil Survey of Niagara County, New York.'' The survey states that the
central portion of Niagara County, along the escarpment, contains the
Hilton-Ovid-Ontario soil association. It describes this association as
``deep, well-drained to somewhat poorly drained soil.'' In contrast,
the survey states that the Ontario Plain north of the escarpment
contains the Rhinebeck-Ovid-Madalin association, which it describes as
having ``deep, somewhat poorly drained to very poorly drained soils.''
The Huron Plain south of the escarpment contains the Odessa-Lakemont-
Ovid association, which the survey also describes as having ``deep,
somewhat poorly drained to very poorly drained soils.''
Climate
According to the petitioner, the location of the proposed Niagara
Escarpment viticultural area in relation to Lake Ontario creates a
microclimate conducive to grape growing. He states that the maritime
influence of Lake Ontario on the Niagara Escarpment allows for
sufficient growing season heat accumulation in what is otherwise a cool
climate. The ``Soil Survey of Niagara County, New York,'' notes that
Lake Ontario greatly influences the climate of Niagara County, and it
states that ``in fall the lake waters are a source of heat that reduces
cooling at night and increases the length of [the] freeze-free growing
season.''
The climatic relationship between Lake Ontario and the Niagara
Escarpment is discussed in greater detail in ``Site Selection for
Grapes in the Niagara Peninsula,'' a publication issued by the
Horticultural Research Institute of Ontario to assist grape growers in
Canada's Niagara Peninsula in selecting the best vineyard sites. The
petitioner notes that this publication's climate information can be
applied to the proposed viticultural area, which is adjacent to the
Niagara Peninsula and shares Lake Ontario and the Niagara Escarpment
with it.
According to the site selection publication, a unique airflow
pattern affects the land between Lake Ontario and the crest of the
escarpment. While the land warms quickly on warm days and cools rapidly
on cool nights, the lake's temperature changes more slowly. Therefore,
in the spring the lake's temperature is cooler than the temperature of
the adjacent land, while in the fall it is warmer. In the fall, air
rises as it is warmed by the lake, drawing cooler air in from the
lakeshore and creating offshore breezes. As a result, the site
selection publication states, ``the air now above the lake is warmed,
rises and flows back over the land, creating a circular heat-pump
effect.'' In addition, the publication notes, ``the pattern airflow is
altered by the slope of the land. With steep slopes, cold air drainage
is rapid. Flat areas or depressions tend to accumulate cold air and
become `frost pockets.' '' For areas between the lake and the
escarpment, this airflow pattern minimizes frost conditions and
increases heat accumulation, thereby extending the proposed
viticultural area's growing season, according to the petition. Areas
south of the escarpment, the petition notes, do not benefit from this
effect and are more prone to frost damage.
On the other hand, the lake's airflow pattern cools the adjacent
land in the spring and early summer. Areas within two miles of the
lakeshore can have a two-week delay in bud break due to the cooling
effect of the lake. Also, daytime temperatures are often cooler because
of the lake's air currents. The site selection publication notes that
``most grape cultivars require a long, warm season and fruit quality is
sometimes poor close to the lake because of lower day temperatures.''
The proposed viticultural area, however, is between 6 and 8 miles from
Lake Ontario. The proposed area therefore experiences little or no
delay in bud break or cooler daytime temperatures due to the lake's
influence, according to the petitioner.
In sum, the petitioner states that this climate evidence shows that
the proposed Niagara Escarpment viticultural area has an extended
ripening season when compared to grapes grown outside its boundary. In
contrast, the petitioner notes that areas north of the escarpment
experience cooling spring temperatures that retard growth, while areas
south of the escarpment are more prone to fall frost damage.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the proposed regulatory text.
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. If we establish this proposed viticultural area, its
name, ``Niagara Escarpment,'' will be recognized as a name of
viticultural significance. Consequently, wine bottlers using ``Niagara
Escarpment'' in a brand name, including a trademark, or in another
label reference as to the origin of the wine, will have to ensure that
the product is eligible to use the viticultural area's name as an
appellation of origin. On the other hand, we do not believe that any
single part of the proposed viticultural name standing alone, such as
``Niagara,'' would have viticultural significance if the new area is
established. Accordingly, the proposed part 9 regulatory text set forth
in this document specifies only the full ``Niagara Escarpment'' name as
a term of viticultural significance for purposes of part 4 of the TTB
regulations.
For a wine to be eligible to use as an appellation of origin the
name of a viticultural area specified in part 9 of the TTB regulations,
at least 85 percent of the grapes used to make the wine must have been
grown within the area represented by that name, and the wine must meet
the other conditions listed in 27 CFR 4.25(e)(3). If the wine is not
eligible to use the viticultural area name as an appellation of origin
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 viticultural area name
appears in another reference on the label in a misleading manner, the
bottler would have to obtain approval of a new
[[Page 6795]]
label. Accordingly, if a new label or a previously approved label uses
the name ``Niagara Escarpment'' for a wine that does not meet the 85
percent standard, the new label will not be approved, and the
previously approved label will be subject to revocation, upon the
effective date of the approval of the Niagara Escarpment viticultural
area.
Different rules apply if a wine has a brand name containing a
viticultural area name that was used as a brand name on a label
approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
Public Participation
Comments Invited
We invite comments from interested members of the public on whether
we should establish the proposed viticultural area. We are also
interested in receiving comments on the sufficiency and accuracy of the
name, climatic, boundary and other required information submitted in
support of the petition. Please provide any available specific
information in support of your comments.
Because of the potential impact of the establishment of the
proposed Niagara Escarpment viticultural area on brand labels that
include the words ``Niagara Escarpment'' as discussed above under
Impact on Current Wine Labels, we are particularly interested in
comments regarding whether there will be a conflict between the
proposed area 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 negative economic impact that
approval of the proposed viticultural area will have on an existing
viticultural enterprise. We are also interested in receiving
suggestions for ways to avoid any conflicts, for example by adopting a
modified or different name for the viticultural area.
Although TTB believes that only the full name ``Niagara
Escarpment'' should be considered to have viticultural significance
upon establishment of the proposed new viticultural area, we also
invite comments from those who believe that ``Niagara'' standing alone
would have viticultural significance upon establishment of the area.
Comments in this regard should include documentation or other
information supporting the conclusion that use of ``Niagara'' on a wine
label could cause consumers and vintners to attribute to the wine in
question the quality, reputation, or other characteristic of wine made
from grapes grown in the proposed Niagara Escarpment viticultural area.
Submitting Comments
Please submit your comments by the closing date shown above in this
notice. Your comments must include this notice number and your name and
mailing address. Your comments must be legible and written in language
acceptable for public disclosure. We do not acknowledge receipt of
comments, and we consider all comments as originals. You may submit
comments in one of five ways:
Mail: You may send written comments to TTB at the address
listed in the ADDRESSES section.
Facsimile: You may submit comments by facsimile
transmission to (202) 927-8525. Faxed comments must--
(1) Be on 8.5 by 11-inch paper;
(2) Contain a legible, written signature; and
(3) Be no more than five pages long. This limitation assures
electronic access to our equipment. We will not accept faxed comments
that exceed five pages.
E-mail: You may e-mail comments to nprm@ttb.gov. Comments
transmitted by electronic mail must'
(1) Contain your e-mail address;
(2) Reference this notice number on the subject line; and
(3) Be legible when printed on 8.5 by 11-inch paper.
Online form: We provide a comment form with the online
copy of this notice on our Web site at https://www.ttb.gov/alcohol/
rules/index.htm. Select the ``Send comments via e-mail'' link under
this notice number.
Federal e-rulemaking portal: To submit comments to us via
the Federal e-rulemaking portal, visit https://www.regulations.gov and
follow the instructions for submitting comments.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine, in light of all circumstances, whether to hold a public
hearing.
Confidentiality
All submitted material is part of the public record and subject to
disclosure. Do not enclose any material in your comments that you
consider confidential or inappropriate for public disclosure.
Public Disclosure
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive by appointment at the TTB Library at
1310 G Street, NW., Washington, DC 20220. You may also obtain copies at
20 cents per 8.5 x 11-inch page. Contact our librarian at the above
address or by telephone at (202) 927-2400 to schedule an appointment or
to request copies of comments.
For your convenience, we will post this notice and any comments we
receive on this proposal on the TTB Web site. We may omit voluminous
attachments or material that we consider unsuitable for posting. In all
cases, the full comment will be available in the TTB Library. To access
the online copy of this notice and any posted comments, visit https://
www.ttb.gov/alcohol/rules/index.htm. Select the ``View Comments'' link
under this notice number to view the posted comments.
Regulatory Flexibility Act
We certify 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
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866, 58 FR 51735. Therefore, it requires
no regulatory assessment.
Drafting Information
Jennifer Berry of the Regulations and Procedures Division drafted
this notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend
title 27, chapter 1, part 9, Code of Federal Regulations, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
2. Amend subpart C by adding Sec. 9. ------ to read as follows:
Subpart C--Approved American Viticultural Areas
Sec. 9. ------ Niagara Escarpment.
(a) Name. The name of the viticultural area described in this
section is
[[Page 6796]]
``Niagara Escarpment''. For purposes of part 4 of this chapter,
``Niagara Escarpment'' is a term of viticultural significance.
(b) Approved Maps. The five United States Geological Survey (USGS)
1:25,000 scale, topographic maps used to determine the boundaries of
the Niagara Escarpment viticultural area are titled--
(1) Lewiston, New York-Ontario, 1980;
(2) Ransomville, New York, 1980;
(3) Cambria, New York, 1980;
(4) Lockport, New York, 1980; and
(5) Gasport, New York, 1979.
(c) Boundary. The Niagara Escarpment viticultural area is located
in Niagara County, New York. The area's boundaries are defined as
follows--
(1) On the Lewiston map, south of the village of Lewiston within
the Brydges State Artpark, begin on the east bank of the Niagara River
at the mouth of Fish Creek; then
(2) Proceed north along the east bank of the Niagara River about
0.6 mile to the northern boundary of the Brydges State Artpark; then
(3) Proceed east along the northern boundary of the Brydges State
Artpark about 0.8 mile to the park's northeast corner, and continue
east in a straight line a short distance to the Robert Moses Parkway;
then
(4) Proceed north along the Robert Moses Parkway about 0.25 mile to
Ridge Road, and then east on Ridge Road (State Route 104) about 0.15
mile to the road's first intersection with the 400-foot contour line;
then
(5) Continue easterly along the 400-foot contour line, through the
Ransomville map (crossing Model City Road, Dickersonville Road, and
State Route 429) and the Cambria map (crossing Baer Road, Plank Road,
and State Route 93/270), and pass onto the Lockport map to the contour
line's junction with Sunset Drive; then
(6) Proceed north on Sunset Drive 0.3 mile to its intersection with
Stone Road, then east on Stone Road about 1.25 miles (crossing
Eighteenmile Creek) to the intersection of Stone, Purdy, and Old
Niagara Roads, and continue east along Old Niagara Road about 0.4 mile
to its first intersection with the 400-foot contour line; then
(7) Proceed northeasterly along the 400-foot contour line to its
first junction with Slayton Settlement Road, proceed east on Slayton
Settlement Road to Day Road, and then proceed north on Day Road to its
first junction with the 400-foot contour line; then
(8) Proceed easterly along the 400-foot contour line, pass onto the
Gasport map (crossing Humphrey and Orangeport Roads), and continue to
the contour line's junction with Quaker Road; then
(9) Proceed north on Quaker Road about 0.4 mile to its intersection
with State Route 104, and then east on State Route 104 to its
intersection with Johnson Creek (at the village of Johnson Creek); then
(10) Proceed south along Johnson Creek (crossing the Erie Canal),
to the creek's junction with Mountain Road; then
(11) Proceed west on Mountain Road to its intersection with Gasport
Road, then south on Gasport Road to its intersection with Mill Road,
then west on Mill Road to its intersection with Kayner Road, then north
on Kayner Road 0.65 mile to its junction with the 600-foot contour
line; then
(12) Proceed westerly along the 600-foot contour line (crossing
Cottage Road) to its junction with State Route 31, and continue west on
State Route 31, passing onto the Lockport map and crossing the Erie
Canal within the city of Lockport, to the intersection of State Route
31 and Upper Mountain Road; then
(13) Proceed north-northwesterly on Upper Mountain Road 0.65 mile
and then northerly on Sunset Drive 0.25 mile to the junction of Sunset
Drive and the 600-foot contour line; then
(14) Proceed westerly along the 600-foot contour line, continuing
through the Cambria map (crossing State Route 93/270 and then Blackman
and Baer Roads), through the Ransomville map (crossing State Route 429
just north of Pekin and then crossing Black Nose Spring and Model City
Roads), and, passing onto the Lewiston map, continue westward along the
contour line (through the Escarpment, Ramsey Ridge, and Lewiston
Heights subdivisions), to the contour line's junction with Mountain
View Drive (just east of State Highway 104 near the Niagara Falls
Country Club); then
(15) Proceed west along Mountain View Drive a short distance to its
intersection with State Route 104, and then proceed south on State
Route 104 to its junction with Fish Creek; then
(16) Proceed westerly along Fish Creek and return to the beginning
point on the east bank of the Niagara River at the mouth of Fish Creek.
Signed: February 2, 2005.
John J. Manfreda,
Administrator.
[FR Doc. 05-2489 Filed 2-8-05; 8:45 am]
BILLING CODE 4810-31-P
