Proposed Establishment of the Outer Coastal Plain Viticultural Area (2003R-166P), 37870-37874 [E6-10384]

Agencies

• Alcohol and Tobacco Tax and Trade Bureau
• DEPARTMENT OF THE TREASURY

[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Proposed Rules]
[Pages 37870-37874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10384]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 59]
RIN: 1513-AB13


Proposed Establishment of the Outer Coastal Plain Viticultural 
Area (2003R-166P)

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 Outer Coastal Plain viticultural area in southeastern New 
Jersey. The proposed viticultural area consists of approximately 
2,255,400 acres and includes all of Cumberland, Cape May, Atlantic, and 
Ocean Counties and portions of Salem, Gloucester, Camden, Burlington, 
and Monmouth Counties. We designate viticultural areas to allow 
bottlers to better describe the origin of their 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 September 1, 2006.

ADDRESSES: You may send comments to any of the following addresses:
     Director, Regulations and Rulings Division, Alcohol and 
Tobacco Tax and Trade Bureau, Attn: Notice No. 59, 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 proposal by appointment at 
the TTB Information Resource Center, 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 Rulings 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 consumers with adequate information regarding product 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.

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 geographical 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, soils, elevation, and physical features, 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.

Outer Coastal Plain Petition

    James Quarella of Bellview Winery, Landisville, New Jersey, 
petitioned TTB

[[Page 37871]]

to establish the ``Outer Coastal Plain'' as an American viticultural 
area in southeastern New Jersey. The proposed viticultural area covers 
approximately 2,255,400 acres and includes all of Cumberland, Cape May, 
Atlantic, and Ocean Counties and portions of Salem, Gloucester, Camden, 
Burlington, and Monmouth Counties. According to the petitioner, the 
area currently includes thirteen wineries, several vineyards, and 
approximately 750 acres planted to vines. We summarize below the 
evidence submitted in support of the petition.

Name Evidence

    The Outer Coastal Plain is one of five defined physiographic 
regions of New Jersey. The other regions are the Inner Coastal Plain, 
the Newark Basin Piedmont, the Highlands, and the Appalachian Valley 
and Ridge.
    The Outer Coastal Plain includes most of the State's Atlantic 
coastline and the area known as the ``Pinelands.'' The petitioner 
states that most geology reference sources and such government entities 
as the New Jersey Department of Environmental Protection, USGS, and the 
United States Department of Agriculture (USDA), call the region the 
``Outer Coastal Plain.''
    As evidence that the proposed viticultural area is known locally 
and nationally by this name, the petitioner submitted several documents 
that identify the area as the ``Outer Coastal Plain.'' These included--
     A map from a National Park Service Web site showing 
landform regions in New Jersey (https://www.cr.nps.gov/history/online_
books/nj2/chap1.htm.);
     A map entitled ``Geographic Boundaries of the Outer 
Coastal Plain (OCP) of New Jersey,'' issued by the New Jersey 
Department of Environmental Protection; and
     A list of native trees and shrubs for the Outer Coastal 
Plain on the Web site of the New Jersey Agricultural Experiment 
Station/Cook College, Rutgers, The State University of New Jersey 
(https://www.rce.rutgers.edu/njriparianforestbuffers/nativeOUTER.htm.).
    The Outer Coastal Plain is part of the Atlantic Coastal Plain, an 
extensive seaward-sloping plain stretching about 2,200 miles along the 
coast of the Eastern United States from Massachusetts to Florida. It 
consists of an inner and outer coastal plain.

Boundary Evidence

    The Outer Coastal Plain encompasses the southeastern part of the 
State of New Jersey. The proposed area is roughly triangular in shape 
and comprises the most easterly and southerly portions of New Jersey, 
including most of the State's Atlantic coastline and the area known as 
the ``Pinelands'' or ``Pine Barrens.'' According to the petitioner, the 
geographical and geological features that define the boundaries of the 
proposed viticultural area clearly distinguish it from surrounding 
areas. The proposed viticultural area's proximity to the Atlantic Ocean 
and Delaware Bay greatly influences its climate and geological 
features, such as soils and underlying sediments. These features are 
described in greater detail in the following section.
    The Atlantic Ocean coastline, including its barrier islands, forms 
the area's eastern boundary, and Delaware Bay forms its southern 
boundary. The diagonal western boundary is immediately east of a belt 
of low hills, called cuestas. These cuestas, which extend in a 
northeasterly direction from the Delaware River lowlands in the 
southwest to the Atlantic Highlands overlooking Raritan Bay in the 
northeast, separate the proposed area from the Inner Coastal Plain. The 
diagonal western boundary meets the eastern boundary within the city of 
Long Branch, New Jersey, on the Atlantic coastline.
    As historical evidence for these proposed boundaries, the 
petitioner cited the area's long viticultural history. According to 
evidence that the petitioner submitted, viticulture flourished in the 
area as early as the mid-nineteenth century. Egg Harbor City, New 
Jersey, was the center of a thriving wine industry with hundreds of 
acres of grapes. In 1864, Louis Renault established Renault Winery in 
Egg Harbor City, where he found the soils and climate to be similar to 
those of his native Rheims, France. Today, Renault Winery is one of the 
oldest, continuous winery operations in the United States. Around the 
same time, Dr. Thomas Welch founded the U.S. grape juice industry in 
Vineland, New Jersey, with a product that became known as Welch's Grape 
Juice. Although Prohibition devastated the area's wineries, the wine 
industry has made a strong comeback in recent years, due largely to the 
New Jersey Farm Winery Act of 1981. The number of wineries in the State 
jumped from 9 in 1981 to 27 today, 13 of which are in the proposed 
area.

Distinguishing Features

Soils and Geology
    The petitioner asserts that the soils and geology of the proposed 
viticultural area clearly distinguish it from surrounding areas. 
Despite its large landmass, the Outer Coastal Plain has remarkably 
uniform, well drained sandy soils that derived from unconsolidated 
sediments. The relatively low fertility and low pH of these soils, the 
petitioner notes, are favorable for grape growing. In contrast to the 
soils of the Outer Coastal Plain, the fine, silty soils of the Inner 
Coastal Plain to the west have both higher fertility and higher pH and 
the soils to the north are dense, rocky, and derived from bedrock.
    As evidence of the proposed viticultural area's distinctive 
geology, the petitioner submitted a document entitled ``Geologic Map of 
New Jersey.'' Published by the State's Department of Environmental 
Protection, this map clearly shows that most of the Outer Coastal Plain 
is underlain by unconsolidated deposits of sand, silt, and clay of the 
Tertiary period and that a small coastal fringe consists of beach and 
estuarine deposits of the Holocene epoch. The parent material of soils 
in other parts of the State formed in later geologic periods. The Inner 
Coastal Plain, in contrast, is underlain by sand, silt, and clay of the 
Cretaceous period, and the northern regions of the State are underlain 
by sedimentary, igneous, and metamorphic rocks of still later geologic 
periods.
    According to the petitioner, a unique feature of the proposed 
viticultural area is its significant aquifers, particularly the 
Cohansey aquifer, the largest freshwater aquifer in the mid-Atlantic 
region. The petitioner states that this aquifer is so important to the 
region's drainage and water supply that it was one of the reasons the 
Pinelands National Reserve was created as a federally protected area. 
The Cohansey aquifer is part of the 1.93-million-acre Kirkwood-Cohansey 
aquifer system, the borders of which nearly correspond to those of the 
proposed viticultural area. These aquifers, the petitioner notes, 
provide an abundant source of water for the proposed viticultural 
area's vineyards. In contrast, the adjacent Inner Coastal Plain has 
smaller, confined aquifers, which are mostly in the Potomac-Raritan-
Magothy aquifer system.
Elevation
    The petitioner states that the proposed viticultural area's 
elevation is another feature that distinguishes it from adjacent areas. 
According to an elevation map issued by the New Jersey Geological 
Survey, almost the entire area has elevations of less than 280 feet 
above sea level, and most of the area has elevations significantly 
below that height. The petitioner notes that the

[[Page 37872]]

proposed viticultural area's low elevation and proximity to the 
Atlantic Ocean are moderating influences on its climate, as described 
below. Elevations in the other regions of New Jersey are higher. 
Elevations in the northwestern part of the State, for example, range 
from 1,300 to 1,680 feet.
Climate
    According to the petitioner, the climate of the Outer Coastal Plain 
is strongly influenced by the Atlantic Ocean to the east and Delaware 
Bay to the south. Because of this maritime influence on its climate, 
the proposed viticultural area is generally warmer, has a longer 
growing season, and has more moderate temperatures than areas to the 
west and north. As evidence of the maritime influence, the petitioner 
submitted a USDA plant hardiness zone map of New Jersey and noted that 
the proposed viticultural area is in zones 6B, 7A, or 7B, while areas 
to the north and west are in cooler zones and have shorter growing 
seasons. The petitioner also submitted a climate overview published on 
the Web site of the New Jersey State Climatologist. (See https://
climate.Rutgers.edu/stateclim--v1/njclimoverview.html.) The overview 
shows that the proposed viticultural area ranges between 190 and 217 
freeze-free days per year. In contrast, the Highlands region to the 
north averages 163 freeze-free days and the central Piedmont region 
averages 179 freeze-free days. The petitioner notes that because of 
these climatic differences, more temperature-sensitive grape varieties 
may be grown in vineyards within the proposed viticultural area than in 
vineyards in other adjacent regions.

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, ``Outer Coastal Plain,'' will be recognized under 27 CFR 
4.39(i)(3) as a name of viticultural significance. The text of the new 
regulation would clarify this point. Consequently, wine bottlers using 
``Outer Coastal Plain'' 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 area name standing alone 
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 ``Outer Coastal Plain'' 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 a 
viticultural area name or other term specified as being viticulturally 
significant in part 9 of the TTB regulations, at least 85 percent of 
the wine must be derived from grapes grown within the area represented 
by that name or other term, 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 or other term as an appellation of origin and 
that name or term 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 or 
other term appears in another reference on the label in a misleading 
manner, the bottler would have to obtain approval of a new label. 
Accordingly, if a new label or a previously approved label uses the 
name ``Outer Coastal Plain'' 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 Outer Coastal Plain 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, boundary, climatic, 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 Outer Coastal Plain viticultural area on brand labels that 
include the words ``Outer Coastal Plain'' 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.
    In addition, TTB is interested in comments regarding the 
noninclusion within the proposed viticultural area of areas within 
other States that are part of the Atlantic Coastal Plain and that may 
therefore also have a claim to use of the name ``Outer Coastal Plain,'' 
including information on any wine grape-growing in those areas. In this 
regard, we invite comments on whether the name ``New Jersey Outer 
Coastal Plain'' would more appropriately identify the proposed 
viticultural area. Comments in this regard should include documentation 
or other information supporting the conclusion that use of ``New Jersey 
Outer Coastal Plain'' rather than only ``Outer Coastal Plain'' on a 
wine label would better enable 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 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 to be 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.

[[Page 37873]]

     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 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 to be 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 Information 
Resource Center 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 
information specialist at the above address or by telephone at 202-927-
2400 to schedule an appointment or to request copies of comments.
    We will post this notice and any comments we receive on this 
proposal on the TTB Web site. All name and address information 
submitted with the comments will be posted, including e-mail addresses. 
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 Information Resource Center. To access the online 
copy of this notice and the submitted 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 and Linda Chapman of the Regulations and Rulings 
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 27 
CFR, chapter 1, part 9, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

    1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

    2. Amend subpart C by adding Sec.  9.---- to read as follows:


Sec.  9.----  Outer Coastal Plain.

    (a) Name. The name of the viticultural area described in this 
section is ``Outer Coastal Plain''. For purposes of part 4 of this 
chapter, ``Outer Coastal Plain'' is a term of viticultural 
significance.
    (b) Approved maps. The appropriate maps for determining the 
boundary of the Outer Coastal Plain viticultural area are seven United 
States Geological Survey topographic maps. They are titled--
    (1) Wilmington, Delaware-New Jersey-Pennsylvania-Maryland, 1984, 
1:100,000 scale;
    (2) Hammonton, New Jersey, 1984, 1:100,000 scale;
    (3) Trenton, New Jersey-Pennsylvania-New York, 1986, 1:100,000 
scale;
    (4) Long Branch, New Jersey, 1954, photorevised 1981, 1:24,000 
scale;
    (5) Atlantic City, New Jersey, 1984, 1:100,000 scale;
    (6) Cape May, New Jersey, 1981, 1:100,000 scale; and
    (7) Dover, Delaware-New Jersey-Maryland, 1984, 1:100,000 scale.
    (c) Boundary. The Outer Coastal Plain viticultural area includes 
all of Cumberland, Cape May, Atlantic, and Ocean Counties and portions 
of Salem, Gloucester, Camden, Burlington, and Monmouth Counties in the 
State of New Jersey. The boundary of the Outer Coastal Plain 
viticultural area is as described below.
    (1) The beginning point is on the Wilmington map at the confluence 
of Alloway Creek with the Delaware River (within Mad Horse Creek State 
Wildlife Management Area) in Salem County;
    (2) From the beginning point, proceed northeasterly in a straight 
line to the village of Hagerville; then
    (3) Continue north on an unnamed road locally known as County Road 
(CR) 658 to its intersection with State Route (SR) 49; then
    (4) Proceed northwesterly on SR 49 to its intersection with SR 45 
in the center of the town of Salem; then
    (5) Proceed northeasterly on SR 45 to its intersection with SR 540 
at the village of Pointers; then
    (6) Proceed north on SR 540 into the village of Slapes Corner; then
    (7) In Slapes Corner, proceed northeasterly on an unnamed road 
locally known as CR 646 to its intersection with the New Jersey 
Turnpike near the village of Auburn; then
    (8) Proceed northeasterly on the New Jersey Turnpike for 
approximately 18 miles to its intersection with SR 47; then
    (9) Proceed south on SR 47 for approximately 0.5 mile to its 
intersection with SR 534 at the village of Gardenville Center; then
    (10) Proceed southeasterly through Gardenville Center on SR 534 to 
its intersection with SR 544; then
    (11) Proceed northeasterly on SR 544 to its intersection with SR 73 
on the Hammonton map; then
    (12) Proceed north-northwesterly on SR 73 to its intersection with 
SR 70 in Cropwell; then
    (13) Proceed east on SR 70 to its intersection with U.S. 206 in Red 
Lion; then
    (14) Proceed north on U.S. 206, onto the Trenton map, to the 
village of Chambers Corner; then
    (15) Proceed northeasterly on an unnamed road locally known as CR 
537, through the village of Jobstown; then
    (16) Continue northeasterly on CR 537, through the villages of 
Smithburg and Freehold, to its intersection with SR 18; then
    (17) Proceed easterly on SR 18 to its intersection with the Garden 
State Parkway; then
    (18) Proceed north on the Garden State Parkway and immediately exit

[[Page 37874]]

onto SR 36 East and onto the Long Branch map; then
    (19) Using the Long Branch map, continue east on SR 36 to where it 
intersects with Joline Avenue; then
    (20) Proceed northeasterly on Joline Avenue to the Atlantic Ocean 
shoreline; then
    (21) Follow the Atlantic Ocean shoreline south, encompassing all 
coastal islands, onto the Trenton, Hammonton, Atlantic City, and Cape 
May maps, to the city of Cape May; then
    (22) Proceed west, then north, along the eastern bank of the 
Delaware River, onto the Atlantic City, Dover, and Wilmington maps to 
the beginning point.

    Signed: June 26, 2006.
John J. Manfreda,
Administrator.
 [FR Doc. E6-10384 Filed 6-30-06; 8:45 am]
BILLING CODE 4810-31-P