Establishment of the Outer Coastal Plain Viticultural Area (2003R-166P), 6165-6168 [07-575]
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Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Rules and Regulations
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UNDER THE PAPERWORK
REDUCTION ACT
I Par. 3. The authority citation for part
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Par. 4. In § 602.101, paragraph (b) is
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§ 602.101
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Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
Approved: February 1, 2007.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E7–2154 Filed 2–8–07; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[T.D. TTB–58; Re: Notice No. 59]
hsrobinson on PROD1PC76 with RULES
RIN 1513–AB13
Establishment of the Outer Coastal
Plain Viticultural Area (2003R–166P)
Alcohol and Tobacco Tax and
Trade Bureau (TTB), Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
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SUMMARY: This Treasury decision
establishes the Outer Coastal Plain
viticultural area in southeastern New
Jersey. The 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.
DATES: Effective Date: March 12, 2007.
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 (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels, and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the regulations
promulgated under the FAA Act.
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
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6165
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,
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.
Rulemaking Proceedings
Outer Coastal Plain Petition
James Quarella of Bellview Winery,
Landisville, New Jersey, petitioned TTB
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’’ or ‘‘Pine
Barrens.’’ The petitioner states that most
geology reference sources and such
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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 documents included—
• A map from a National Park Service
Web site showing landform regions in
New Jersey, at 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, at https://www.rce.rutgers.edu/
njriparianforestbuffers/
nativeOUTER.htm.
Both the Outer Coastal Plain and the
Inner Coastal Plain comprise the
extensive, seaward-sloping Atlantic
Coastal Plain. The Atlantic Coastal Plain
stretches about 2,200 miles along the
coast of the Eastern United States, from
Massachusetts to Florida.
Boundary Evidence
The Outer Coastal Plain encompasses
the southeastern part of the State of New
Jersey. The proposed viticultural 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 its
geographical 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
proposed viticultural 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
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Bay in the northeast, separate the
proposed viticultural 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-19th 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
viticultural 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 and rocky, and are
derived from bedrock.
As evidence of the proposed
viticultural area’s distinctive geology,
the petitioner submitted the ‘‘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.
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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 reason the Pinelands National
Reserve was created as a federally
protected area. The Cohansey aquifer is
part of the 1.93-million-acre KirkwoodCohansey aquifer system, the borders of
which nearly correspond to those of the
proposed viticultural area. The
Cohansey and other aquifers, the
petitioner notes, provide an abundant
source of water for the proposed
viticultural area’s vineyards. In contrast
to the Outer Coastal Plain, the adjacent
Inner Coastal Plain has smaller,
confined aquifers, 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 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, whereas 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 at
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https://climate.Rutgers.edu/stateclim_v1/
njclimoverview.html. The overview
shows that the proposed viticultural
area has between 190 and 217 freezefree days per year. In contrast, the
Highlands region to the north averages
163 freeze-free days and the central
Piedmont region averages 179 freezefree 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.
Notice of Proposed Rulemaking
On July 3, 2006, TTB published a
notice of proposed rulemaking regarding
the establishment of the Outer Coastal
Plain viticultural area in the Federal
Register (71 FR 37870) as Notice No. 59.
In that notice, TTB invited comments by
September 1, 2006, from all interested
persons. We expressed particular
interest in receiving comments on
whether the proposed area name would
result in a conflict with currently used
brand names and whether the name
‘‘New Jersey Outer Coastal Plain’’ would
more appropriately identify the
proposed viticultural area. We received
no comments on these or any other
issues in response to that notice.
TTB Finding
After careful review of the petition,
TTB finds that the evidence submitted
supports the establishment of the
proposed viticultural area. Therefore,
under the authority of the Federal
Alcohol Administration Act and part 4
of our regulations, we establish the
‘‘Outer Coastal Plain’’ viticultural area
in the State of New Jersey effective 30
days from the publication date of this
document.
Boundary Description
See the narrative boundary
description of the viticultural area in the
regulatory text published at the end of
this final rule.
significance. The text of the new
regulation clarifies 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, must ensure that the product is
eligible to use the viticultural area’s
name as an appellation of origin. For a
wine to be labeled with a viticultural
area name or with a brand name that
includes a viticultural area name or
other term identified as 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). Different rules apply
if a wine has a brand name containing
a viticultural area name or other
viticulturally significant term that was
used as a brand name on a label
approved before July 7, 1986. See 27
CFR 4.39(i)(2) for details.
Regulatory Flexibility Act
We certify that this regulation will not
have a significant economic impact on
a substantial number of small entities.
The regulation imposes no new
reporting, recordkeeping, or other
administrative requirement. Any benefit
derived from the use of a viticultural
area name is 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 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
Rulings Division drafted this document.
hsrobinson on PROD1PC76 with RULES
Maps
The petitioner provided the required
maps, and we list them below in the
regulatory text.
List of Subjects in 27 CFR Part 9
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. With the
establishment of this viticultural area
and its inclusion in part 9 of the TTB
regulations, its name, ‘‘Outer Coastal
Plain,’’ is recognized under 27 CFR
4.39(i)(3) as a name of viticultural
I
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Wine.
Regulatory Amendment
For the reasons discussed in the
preamble, we 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:
I
Authority: 27 U.S.C. 205.
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Subpart C—Approved American
Viticultural Areas
2. Subpart C is amended by adding
§ 9.207 to read as follows:
I
§ 9.207
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 JerseyPennsylvania-Maryland, 1984,
1:100,000 scale;
(2) Hammonton, New Jersey, 1984,
1:100,000 scale;
(3) Trenton, New Jersey-PennsylvaniaNew 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 JerseyMaryland, 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) 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
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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 intersection of
U.S. 206 and an unnamed road locally
known as CR 537, in the village of
Chambers Corner; then
(15) Proceed northeasterly on 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, east-northeast of Freehold; then
(17) Proceed easterly on SR 18 to its
intersection with the Garden State
Parkway; then
(18) Proceed north on the Garden
State Parkway to its intersection with
SR 36 and proceed east along SR 36
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.
hsrobinson on PROD1PC76 with RULES
Dated: December 4, 2006.
John J. Manfreda,
Administrator.
Approved: January 29, 2007.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
[FR Doc. 07–575 Filed 2–8–07; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 155
[USCG–1998–3417]
RIN 1625–AA19
Salvage and Marine Firefighting
Requirements; Vessel Response Plans
for Oil
Coast Guard, DHS.
Final rule; partial suspension of
regulation.
AGENCY:
ACTION:
SUMMARY: Current vessel response plan
regulations require the owners or
operators of vessels carrying Groups I
through V petroleum oil as a primary
cargo to identify in their response plans
a salvage company with expertise and
equipment, and a company with
firefighting capability that can be
deployed to a port nearest to the vessel’s
operating area within 24 hours of
notification (Groups I–IV) or a discovery
of a discharge (Group V). On January 23,
2004, a notice of suspension was
published in the Federal Register,
suspending the 24-hour requirement
scheduled to become effective on
February 12, 2004, until February 12,
2007 (69 FR 3236). The Coast Guard has
decided to extend this suspension
period for another two years to allow us
to complete the rulemaking that will
revise the salvage and marine
firefighting requirements.
DATES: This extension is effective as of
February 12, 2007. Termination of the
suspension will be on February 12,
2009.
You may submit comments
identified by Coast Guard docket
number USCG–1998–3417 to the Docket
Management Facility at the U.S.
Department of Transportation. To avoid
duplication, please use only one of the
following methods:
(1) Web Site: https://dms.dot.gov;
(2) Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Washington, DC
20590–0001;
(3) Fax: 202–493–2251;
(4) Delivery: Room PL–401 on the
Plaza level of the Nassif Building, 400
Seventh, Street SW., Washington, DC,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The telephone number is 202–366–
9329; or
(5) Federal eRulemaking Portal:
https://www.regulations.gov.
The Docket Management Facility
maintains the public docket for this
ADDRESSES:
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rulemaking. Comments and material
received from the public will become
part of this docket and will be available
for inspection or copying at room PL–
401 on the Plaza level of the Nassif
Building at the same address between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. You
may also access this docket on the
Internet at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule or the
partial suspension of regulations, call
Lieutenant Commander Reed Kohberger,
Office of Standards Evaluation and
Development, Coast Guard
Headquarters, telephone 202–372–1471,
or via e-mail:
Reed.H.Kohberger@uscg.mil. For
questions on viewing or submitting
material to the docket, call Ms. Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–493–0402.
SUPPLEMENTARY INFORMATION:
Background and Regulatory History
Requirements for salvage and marinefirefighting resources in vessel response
plans have been in place since February
5, 1993 (58 FR 7424). The existing
requirements are general. The Coast
Guard did not originally develop
specific requirements because each
salvage and marine firefighting response
for an individual vessel is unique, due
to the vessel’s size, construction,
operating area, and other variables. The
Coast Guard’s intent was to rely on the
planholder to prudently identify
contractor resources to meet their needs.
The Coast Guard anticipated that the
significant benefits of a quick and
effective salvage and marine-firefighting
response would be sufficient incentive
for industry to develop salvage and
marine firefighting capability parallel to
the development of oil spill removal
organizations.
Early in 1997, it became apparent that
there was disagreement among
planholders, salvage and marinefirefighting contractors, maritime
associations, public agencies, and other
stakeholders as to what constituted
adequate salvage and marine-firefighting
resources. There was also concern as to
whether these resources could respond
to the port nearest to the vessel’s
operating area within 24 hours.
On June 24, 1997, a notice of meeting
was published in the Federal Register
(62 FR 34105) announcing a workshop
to solicit comments from the public on
potential changes to the salvage and
marine-firefighting requirements
currently found in 33 CFR part 155.
A public workshop was held on
August 5, 1997, to address issues related
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[Federal Register Volume 72, Number 27 (Friday, February 9, 2007)]
[Rules and Regulations]
[Pages 6165-6168]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-575]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-58; Re: Notice No. 59]
RIN 1513-AB13
Establishment of the Outer Coastal Plain Viticultural Area
(2003R-166P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau (TTB), Treasury.
ACTION: Final rule; Treasury decision.
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SUMMARY: This Treasury decision establishes the Outer Coastal Plain
viticultural area in southeastern New Jersey. The 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.
DATES: Effective Date: March 12, 2007.
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 (FAA Act),
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe
regulations for the labeling of wine, distilled spirits, and malt
beverages. The FAA Act provides that these regulations should, among
other things, prohibit consumer deception and the use of misleading
statements on labels, and ensure that labels provide the consumer with
adequate information as to the identity and quality of the product. The
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the
regulations promulgated under the FAA Act.
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.
Rulemaking Proceedings
Outer Coastal Plain Petition
James Quarella of Bellview Winery, Landisville, New Jersey,
petitioned TTB 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'' or ``Pine Barrens.''
The petitioner states that most geology reference sources and such
[[Page 6166]]
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 documents
included--
A map from a National Park Service Web site showing
landform regions in New Jersey, at 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, at
https://www.rce.rutgers.edu/njriparianforestbuffers/nativeOUTER.htm.
Both the Outer Coastal Plain and the Inner Coastal Plain comprise
the extensive, seaward-sloping Atlantic Coastal Plain. The Atlantic
Coastal Plain stretches about 2,200 miles along the coast of the
Eastern United States, from Massachusetts to Florida.
Boundary Evidence
The Outer Coastal Plain encompasses the southeastern part of the
State of New Jersey. The proposed viticultural 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 its geographical 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 proposed viticultural 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 viticultural 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-19th 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
viticultural 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 and rocky, and are
derived from bedrock.
As evidence of the proposed viticultural area's distinctive
geology, the petitioner submitted the ``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 reason 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. The Cohansey and other aquifers, the
petitioner notes, provide an abundant source of water for the proposed
viticultural area's vineyards. In contrast to the Outer Coastal Plain,
the adjacent Inner Coastal Plain has smaller, confined aquifers, 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 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,
whereas 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 at
[[Page 6167]]
https://climate.Rutgers.edu/stateclim--v1/njclimoverview.html. The
overview shows that the proposed viticultural area has 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.
Notice of Proposed Rulemaking
On July 3, 2006, TTB published a notice of proposed rulemaking
regarding the establishment of the Outer Coastal Plain viticultural
area in the Federal Register (71 FR 37870) as Notice No. 59. In that
notice, TTB invited comments by September 1, 2006, from all interested
persons. We expressed particular interest in receiving comments on
whether the proposed area name would result in a conflict with
currently used brand names and whether the name ``New Jersey Outer
Coastal Plain'' would more appropriately identify the proposed
viticultural area. We received no comments on these or any other issues
in response to that notice.
TTB Finding
After careful review of the petition, TTB finds that the evidence
submitted supports the establishment of the proposed viticultural area.
Therefore, under the authority of the Federal Alcohol Administration
Act and part 4 of our regulations, we establish the ``Outer Coastal
Plain'' viticultural area in the State of New Jersey effective 30 days
from the publication date of this document.
Boundary Description
See the narrative boundary description of the viticultural area in
the regulatory text published at the end of this final rule.
Maps
The petitioner provided the required maps, and we list them below
in the 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. With the establishment of this viticultural area and
its inclusion in part 9 of the TTB regulations, its name, ``Outer
Coastal Plain,'' is recognized under 27 CFR 4.39(i)(3) as a name of
viticultural significance. The text of the new regulation clarifies
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, must ensure that the product is eligible
to use the viticultural area's name as an appellation of origin. For a
wine to be labeled with a viticultural area name or with a brand name
that includes a viticultural area name or other term identified as
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). Different rules apply if
a wine has a brand name containing a viticultural area name or other
viticulturally significant term that was used as a brand name on a
label approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities. The
regulation imposes no new reporting, recordkeeping, or other
administrative requirement. Any benefit derived from the use of a
viticultural area name is 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 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 Rulings Division drafted this
document.
List of Subjects in 27 CFR Part 9
Wine.
Regulatory Amendment
0
For the reasons discussed in the preamble, we amend 27 CFR, chapter 1,
part 9, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
0
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
0
2. Subpart C is amended by adding Sec. 9.207 to read as follows:
Sec. 9.207 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) 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
[[Page 6168]]
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
intersection of U.S. 206 and an unnamed road locally known as CR 537,
in the village of Chambers Corner; then
(15) Proceed northeasterly on 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, east-northeast
of Freehold; then
(17) Proceed easterly on SR 18 to its intersection with the Garden
State Parkway; then
(18) Proceed north on the Garden State Parkway to its intersection
with SR 36 and proceed east along SR 36 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.
Dated: December 4, 2006.
John J. Manfreda,
Administrator.
Approved: January 29, 2007.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
[FR Doc. 07-575 Filed 2-8-07; 8:45 am]
BILLING CODE 4810-31-P
