Establishment of the Lehigh Valley Viticultural Area (2005R-415P), 12870-12875 [E8-4786]
Download as PDF
<![CDATA[
12870
Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
TABLE 2—Continued
NAICS code
Industry descriptions in August 29, 2007 Federal Register
direct final rule
Industry descriptions corrected
326130 .....................
Laminated Plastics Plate, Sheet and Shape Manufacturing
331221
485113
522298
522320
.....................
.....................
.....................
.....................
561330
721191
812921
812922
.....................
.....................
.....................
.....................
Cold-Rolled Steel Shape Manufacturing ...............................
Bus and Motor Vehicle Transit Systems ...............................
All Other Non-Depository Credit Intermediation ....................
Financial Transactions Processing, Reserve, and Clearing
House Activities.
Employee Leasing Services ..................................................
Bed and Breakfast Inns .........................................................
Photo Finishing Laboratories (except One-Hour) .................
One-Hour Photo Finishing .....................................................
Laminated Plastics Plate, Sheet (except Packaging), and
Shape Manufacturing.
Rolled Steel Shape Manufacturing.
Bus and Other Motor Vehicle Transit Systems.
All Other Nondepository Credit Intermediation.
Financial Transactions Processing, Reserve, and Clearinghouse Activities.
Professional Employer Organizations.
Bed-and-Breakfast Inns.
Photofinishing Laboratories (except One-Hour).
One-Hour Photofinishing.
List of Subjects in 13 CFR Part 121
Administrative practice and
procedure, Government procurement,
Government property, Grant programs—
business, Individuals with disabilities,
Loan programs—business, Reporting
and recordkeeping requirements, Small
businesses.
I For the reasons set forth in the
preamble to this rule, SBA amends 13
CFR part 121 as follows:
PART 121—SMALL BUSINESS SIZE
REGULATIONS
1. The authority citation for part 121
continues to read as follows:
I
Authority: 15 U.S.C. 632, 634(b)(6), 636(b),
637(a), 644, and 662(5); and Pub. L. 105–135,
sec. 401, et seq., 111 Stat, 2592.
2. Amend § 121.201, in the table
‘‘Small Business Size Standards by
NAICS Industry’’ as follows:
I a. Revise the industry description of
NAICS code 112920 ‘‘Horses and Other
Equine Production’’ to read ‘‘Horses and
Other Equine Production’’.
I b. Revise the industry description of
NAICS code 311340 ‘‘Non-Chocolate
Confectionery Manufacturing’’ to read
‘‘Nonchocolate Confectionery
Manufacturing’’.
I c. Revise the industry description of
NAICS code 311613 ‘‘Rendering and
Meat By-Product Processing’’ to read
‘‘Rendering and Meat Byproduct
Processing’’.
I d. Revise the industry description of
NAICS code 322223 ‘‘Plastics, Foil, and
Coated Paper Bag Manufacturing’’ to
read ‘‘Coated Paper Bag and Pouch
Manufacturing’’.
I e. Revise the industry description of
NAICS code 323118 ‘‘Blankbook, Looseleaf Binders and Devices
Manufacturing’’ to read ‘‘Blankbook,
Looseleaf Binder and Device
Manufacturing’’.
I f. Revise the industry description of
NAICS code 326111 ‘‘Unsupported
Plastics Bag Manufacturing’’ to read
yshivers on PROD1PC62 with RULES
I
VerDate Aug<31>2005
15:22 Mar 10, 2008
Jkt 214001
‘‘Plastics Bag and Pouch
Manufacturing’’.
I g. Revise the industry description of
NAICS code 326112 ‘‘Unsupported
Plastics Packaging Film and Sheet
Manufacturing’’ to read ‘‘Plastics
Packaging Film and Sheet (including
Laminated) Manufacturing’’.
I h. Revise the industry description of
NAICS code 326113 ‘‘Unsupported
Plastics Film and Sheet (except
Packaging) Manufacturing’’ to read
‘‘Unlaminated Plastics Film and Sheet
(except Packaging) Manufacturing’’.
I i. Revise the industry description of
NAICS code 326121 ‘‘Unsupported
Plastics Profile Shapes Manufacturing’’
to read ‘‘Unlaminated Plastics Profile
Shape Manufacturing’’.
I j. Revise the industry description of
NAICS code 326122 ‘‘Plastics Pipe and
Pipe Fitting Manufacturing’’ to read
‘‘Plastics Pipe and Pipe Fitting
Manufacturing’’.
I k. Revise the industry description of
NAICS code 326130 ‘‘Laminated
Plastics Plate, Sheet and Shape
Manufacturing’’ to read ‘‘Laminated
Plastics Plate, Sheet (except Packaging),
and Shape Manufacturing’’.
I l. Revise the industry description of
NAICS code 331221 ‘‘Cold-Rolled Steel
Shape Manufacturing’’ to read ‘‘Rolled
Steel Shape Manufacturing’’.
I m. Revise the industry description of
NAICS code 485113 ‘‘Bus and Motor
Vehicle Transit Systems’’ to read ‘‘Bus
and Other Motor Vehicle Transit
Systems’’.
I n. Revise the Size standards in
millions of dollars amount in the entry
for 517919 to read ‘‘$23.0’’.
I o. Revise the industry description of
NAICS code 522298 ‘‘All Other NonDepository Credit Intermediation’’ to
read ‘‘All Other Nondepository Credit
Intermediation’’.
I p. Revise the industry description of
NAICS code 522320 ‘‘Financial
Transactions Processing, Reserve, and
Clearing House Activities’’ to read
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
‘‘Financial Transactions Processing,
Reserve, and Clearinghouse Activities’’.
I q. Revise the industry description of
NAICS code 561330 ‘‘Employee Leasing
Services’’ to read ‘‘Professional
Employer Organizations’’.
I r. Revise the industry description of
NAICS code 721191 ‘‘Bed and Breakfast
Inns’’ to read ‘‘Bed-and-Breakfast Inns’’.
I s. Revise the industry description of
NAICS code 812921 ‘‘Photo Finishing
Laboratories (except One-Hour)’’ to read
‘‘Photofinishing Laboratories (except
One-Hour)’’.
I t. Revise the industry description of
NAICS code 812922 ‘‘One-Hour Photo
Finishing’’ to read ‘‘One-Hour
Photofinishing’’.
Dated: March 4, 2008.
Arthur E. Collins,
Director, Government Contracting.
[FR Doc. E8–4788 Filed 3–10–08; 8:45 am]
BILLING CODE 8025–01–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[T.D. TTB–66; Re: Notice No. 67]
RIN 1513–AB19
Establishment of the Lehigh Valley
Viticultural Area (2005R–415P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
SUMMARY: This Treasury decision
establishes the 1,888-square mile Lehigh
Valley viticultural area in southeastern
Pennsylvania in portions of Lehigh,
Northampton, Berks, Schuylkill,
Carbon, and Monroe Counties. We
designate viticultural areas to allow
vintners to better describe the origin of
their wines and to allow consumers to
E:\FR\FM\11MRR1.SGM
11MRR1
Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
better identify wines they may
purchase.
DATES: Effective Date: April 10, 2008.
FOR FURTHER INFORMATION CONTACT: N.A.
Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., No.
158, Petaluma, CA 94952; phone 415–
271–1254.
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.
yshivers on PROD1PC62 with 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
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 grapegrowing region as a viticultural area.
VerDate Aug<31>2005
15:22 Mar 10, 2008
Jkt 214001
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.
Lehigh Valley Viticultural Area
Background
John Skrip III, chairman of the Lehigh
Wine Trail Appellation Committee
submitted a petition to TTB proposing
the establishment of the 1,888-square
mile Lehigh Valley viticultural area in
southeastern Pennsylvania. The
proposed area is located approximately
45 miles north-northwest of
Philadelphia and includes portions of
Lehigh, Northampton, Berks, Schuylkill,
Carbon, and Monroe Counties. TTB
notes that the proposed Lehigh Valley
viticultural area does not overlap any
other viticultural area. As of 2005, the
proposed viticultural area included 9
wineries and 13 vineyards with 220
acres devoted to viticulture, according
to the petitioner. The petitioner notes
that the distinguishing features of the
proposed viticultural area include its
rolling hills and a similar agricultural
climate throughout.
The evidence submitted with the
petition is summarized below.
Name Evidence
The petitioner explains that Lehigh
Valley derives its name from the Lehigh
River, which flows through the
proposed viticultural area and into the
Delaware River at Easton, Pennsylvania.
The petitioner states that the word
‘‘Lehigh’’ originated with the Delaware
Indians in the 1600s, who named the
area ‘‘Lechauwekink,’’ meaning an area
with river forks. The petitioner notes
that through a series of translations of
the original Indian name, the name
‘‘Lehigh’’ now identifies the area. The
petitioner also notes that the ‘‘Lehigh
Valley’’ name applies to a much larger
area than the immediate region
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
12871
bordering the Lehigh River and is, in
fact, associated with the entire proposed
viticultural area.
The petitioner provides evidence for
the use of the Lehigh or Lehigh Valley
name throughout the proposed
viticultural area by businesses, cities,
schools, and the National Highway
System. For example, Lehigh Street is a
major thoroughfare in the city of
Allentown, Lehigh University is located
on the outskirts of Bethlehem, and the
Lehigh Tunnel was constructed on the
Northeast Extension of the Pennsylvania
Turnpike, just north of the Lehigh
County line. Also, two pages of the
Lehigh Valley telephone book include
nine columns of businesses located
within the proposed viticultural area
that use ‘‘Lehigh Valley’’ as part of the
company name. The petition also
includes brochures for inns, golf
courses, covered bridges, a chamber
orchestra, and a wine trail that use the
Lehigh Valley name.
The January 11, 2005, edition of the
Bethlehem, Pennsylvania, ExpressTimes newspaper claims on its front
page that it is ‘‘The Lehigh Valley’s
fastest growing newspaper.’’ An article
in the business section of the March 31,
2002, edition of the Allentown Morning
Call newspaper discusses the economic
development of the Lehigh Valley area.
The article notes that six community
organizations incorporated ‘‘Lehigh
Valley’’ in their names between 1984
and 2002, including the Lehigh Valley
Convention and Visitors Bureau, the
American Red Cross of the Greater
Lehigh Valley, the United Way of
Greater Lehigh Valley, and the Lehigh
Valley Chamber of Commerce.
In addition, the petitioner provides
copies of two regional magazines,
‘‘Lehigh Valley Style,’’ dated March/
April 2003, and ‘‘Lehigh Valley,’’ dated
July/August 2004. The ‘‘Lehigh Valley’’
magazine includes a full page
advertisement for the Lehigh Valley
Hospital in Allentown, Pennsylvania.
Other petitioner evidence includes a toll
receipt for the Lehigh Valley exit of the
Pennsylvania Turnpike extension
(Interstate 476) and a copy of the home
page from the Lehigh Valley
International Airport Web site. A U.S.
post office and mail distribution center
located off Route 22 between Allentown
and Bethlehem is referred to as the
Lehigh Valley Post Office, according to
the petitioner.
Boundary Evidence
The proposed Lehigh Valley
viticultural area encompasses the
Lehigh River valley from the town of
Jim Thorpe to the river’s mouth at
Easton, as well as the regions to the
E:\FR\FM\11MRR1.SGM
11MRR1
12872
Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
northeast and southwest of the
immediate river valley. In addition to
the Lehigh River valley, the proposed
viticultural area includes portions of the
Schuylkill River valley in the southwest
and the Brodhead River valley in the
northeast. The proposed area also
includes all or portions of the cities of
Stroudsburg, Easton, Bethlehem,
Allentown, and Reading, Pennsylvania.
Commercial grape growing started in
the proposed Lehigh Valley viticultural
area in 1974, the petitioner explains,
when Vynecrest Winery and Clover Hill
Winery started planting grapes. Two
years later, Franklin Hill Winery
planted grapes near Bangor in
Northampton County.
The proposed viticultural area is
oriented southwest to northeast in the
approximate shape of a rectangle. The
petitioner states that the proposed
boundary runs for 92 miles along its
northern side, 24 miles along its eastern
side, 56 miles along its southern side,
and 28 miles along its western side.
Along the proposed viticultural area’s
boundary in the north, a portion of the
Appalachian ridge, including Second
Mountain and Wildcat Mountain in
Schuylkill County, Mauch Chunk Ridge,
Bear Mountain, and Call Mountain in
Carbon County, and a series of lower
hills in Monroe County, separates the
proposed area from the cooler
Conservation Service (NRCS). In
addition, the petitioner submitted maps
of Pennsylvania with information on
soil moisture, soil temperature, frostfree periods, and agro-climatic regions.
mountains of northeastern
Pennsylvania.
To the east, between Stroudsburg and
Easton, the Delaware River separates
Pennsylvania from New Jersey and
marks the eastern limit of the proposed
Lehigh Valley viticultural area. The
petitioner notes that the region of
northwestern New Jersey bordering the
proposed area is not considered part of
the Lehigh Valley region. To the
southeast, another long Appalachian
mountain ridge, South Mountain,
separates the proposed viticultural area
from the immediate Philadelphia region.
To the west, the southwestern Berks
County and Schuylkill County lines
separate the Lehigh Valley region from
the counties of south-central
Pennsylvania, which is considered a
separate geographical region of the
State, according to the petitioner.
Climate
The agricultural-climatic features of
the proposed Lehigh Valley viticultural
area include heat accumulation
measurements of 2,601 to 3,000 annual
degree days and an annual moisture
surplus of 351 to 450 millimeters of
water, as shown on the Agro-Climate
Regions of Pennsylvania map submitted
with the petition. (As a measurement of
heat accumulation during the growing
season, one degree day accumulates for
each degree Fahrenheit that a day’s
mean temperature is above 50 degrees,
which is the minimum temperature
required for grapevine growth. See
‘‘General Viticulture,’’ by Albert J.
Winkler, University of California Press,
1974.)
The USGS and the NRCS integrate
degree-days and annual moisture
surplus data to identify regions of
relatively homogeneous heat and
moisture characteristics related to crop
production. This information is shown
on the Agro-Climate Regions of
Pennsylvania map submitted with the
petition and is summarized in the table
below.
Distinguishing Features
The distinguishing features of the
proposed Lehigh Valley viticultural
area, according to the petitioner, include
its rolling hills and a similar agricultural
climate throughout. These features
contrast with the regions to the north
and south of the proposed viticultural
area, according to the petitioner. To
document these differences, the
petitioner uses data collected from 1961
to 1996 by the United States Department
of Agriculture and its Natural Resources
LEHIGH VALLEY AREA DEGREE DAY AND WATER BALANCES
North of
Lehigh Valley
region
Lehigh Valley
area
South of
Lehigh Valley
region
Growing season degree-days ......................................................................................................
Annual water balance (surplus) ...................................................................................................
1,801–2,600
451–550
2,601–3,000
351–450
3,001–3,400
351–450
The petitioner presents annual
temperature data collected from 1975 to
2004 at three airports—one to the north
of the proposed viticultural area, one to
precipitation and temperatures, with a
warming trend from north to south.
the south of the proposed area, and one
within the proposed area. The data, as
summarized in the table below, shows
differences in average annual
LEHIGH VALLEY AREA CLIMATIC TEMPERATURE DATA AVERAGES 1975–2004
Wilkes-Barre
Scranton Airport
(25 miles north of
Lehigh Valley)
Lehigh Valley Airport
(within the proposed
viticultural area)
Philadelphia International Airport
(45 miles south of
Lehigh Valley)
Average High .....................................................................................................
Average Mean ...................................................................................................
Average Low .....................................................................................................
Maximum High ..................................................................................................
Minimum Low ....................................................................................................
Frequency of days below 5° .............................................................................
Average rain in inches ......................................................................................
yshivers on PROD1PC62 with RULES
Fahrenheit temperatures
58.8° ......................
49.7° ......................
40.6° ......................
94.4° ......................
¥4.2° ....................
14 ..........................
37.5″ ......................
61.5° ..........................
51.7° ..........................
42° .............................
96.5° ..........................
0.7° ............................
7 ................................
43.6″ ..........................
64.4°
55.4°
46.6°
97.3°
5.2°
3
41.6″
The proposed Lehigh Valley
viticultural area’s growing season ranges
from 161 to 180 consecutive frost-free
VerDate Aug<31>2005
15:22 Mar 10, 2008
Jkt 214001
days, with the proposed area’s southern
portion having fewer days with frost
than its northern portion, according to
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
the Frost-Free Period of Pennsylvania
Landscapes map submitted with the
petition. A frost-free period, based on 32
E:\FR\FM\11MRR1.SGM
11MRR1
yshivers on PROD1PC62 with RULES
Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
degrees Fahrenheit or above, the
petitioner explains, represents the
consecutive days from the final killing
frost in the spring to the first killing
frost in the fall. This 161- to 180-day
timeframe defines the length of the
regional growing season for most
agronomic crops.
The region north of the proposed
viticultural area, the petitioner states, is
cooler during the growing season, with
1,801 to 2,600 degree days of heat
accumulation. The region to the north
also is wetter, with an annual surplus
water balance of 451 to 550 millimeters
of water. The higher elevations to the
north of the Lehigh Valley region create
a climate with cooler temperatures and
more soil moisture retention. As
evidence, the petitioner submitted the
Agro-Climate Regions of Pennsylvania
map, which shows a distinctively cooler
and wetter climate north of the
proposed Lehigh Valley viticultural
area. Also, the meteorological data
collected during the years 1975 to 2004
from the Wilkes-Barre Scranton
International Airport, located 25 miles
north of the proposed viticultural area,
shows consistently lower temperatures
than are found in the proposed
viticultural area, with twice as many
days dipping below 5 degrees
Fahrenheit annually.
The petitioner describes the area to
the south of the proposed viticultural
area as marginally, yet consistently,
warmer. Meteorological information
included in the petition from the
Philadelphia International Airport, 45
miles south of the Lehigh Valley,
confirms that temperatures to the south
of the proposed area are warmer by an
average of 4 degrees Fahrenheit. The
petitioner also explains that to the south
of the proposed area the warmer
temperatures, combined with different
soils, create a longer grape-growing
season and mature grapes with lower
acidities and different flavors than those
of the proposed Lehigh Valley
viticultural area.
Areas to the east and west of the
proposed Lehigh Valley viticultural area
are, for geopolitical and social reasons,
considered to be outside of the Lehigh
Valley. Across the Delaware River to the
east of the proposed viticultural area is
the State of New Jersey. The petitioner
states that the residents of this
northwestern New Jersey region do not
consider themselves to be a part of the
Lehigh Valley region of Pennsylvania.
The region to the west of the proposed
viticultural area also is not considered
to be part of the Lehigh Valley,
according to the petitioner. The counties
to the west of the proposed area
considered by most to be part of south-
VerDate Aug<31>2005
15:22 Mar 10, 2008
Jkt 214001
central Pennsylvania, which is often
called ‘‘Pennsylvania Dutch Country.’’
Topography
The topography of the proposed
Lehigh Valley viticultural area largely
consists of rolling hills with elevations
generally between 500 feet and 1,000
feet, according to the petitioner and the
USGS maps provided. Creeks and
several rivers flow through the region,
while lakes dot the landscape, as shown
on the USGS maps of the region. Also,
a small portion of the proposed
northeastern boundary area, along the
foothills of the Blue Mountain range,
rises to the 1,600-foot contour line. The
Appalachian National Scenic Trail
meanders through the proposed area’s
higher elevations, as shown on the
USGS maps.
Beyond the northern boundary of the
proposed viticultural area, the terrain
transitions from the lower, rolling hills
of the Lehigh Valley to higher foothills
and mountains with elevations ranging
from 1,000 feet to 1,900 feet. While the
region southeast of the proposed
viticultural area begins on the heights of
South Mountain, the region quickly falls
to the lower and flatter elevations of the
Delaware River valley.
Soils
The petitioner states that the soils
within the proposed Lehigh Valley
viticultural area are mainly based on
shale, sandstone, and siltstone. A 1972
Soil Conservation Service publication,
General Soil Map—Pennsylvania,
verifies that the area contains shale,
sandstone, and siltstone. Soils to the
south of the proposed area, according to
the petitioner, are based on schist,
gneiss, and porcelanite, rather than
shale, limestone, and sandstone.
According to data submitted by the
petitioner, a lack of soil moisture during
the growing season puts the proposed
Lehigh Valley viticultural area in the
Typic Udic moisture regime (less than
90 days of drying), as determined by
USGS and NRCS data and shown on the
Soil Moistures Regimes of Pennsylvania
Landscapes map. The petitioner
explains that the region typically has a
June through August dry season when
the grape vines rely on stored moisture
rather than rain.
The estimated annual mean soil
temperature of the proposed viticultural
area is Typic Mesic, ranging from 10.5
degrees Centigrade, or 50.9 degrees
Fahrenheit, to 12.0 degrees Centigrade,
or 54 degrees Fahrenheit. This
information is based on temperatures at
20 inches below the soil surface and
shown on the Soil Moistures Regimes of
Pennsylvania Landscapes map.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
12873
Geology
The geology of the proposed Lehigh
Valley viticultural area, as depicted on
the Geologic Map of Pennsylvania,
Commonwealth of Pennsylvania,
Conservation and Natural Resources,
Bureau of Topographic and Geologic
Survey, revised in 2000, includes
Ordovician features in the south and
Permian features in the north. The
Ordovician geology, predominantly
consisting of shale, limestone, dolomite,
and sandstone, dates back 430 million
to 500 million years. The Permian
geology, dating back 250 million to 290
million years, consists of coal, in
addition to the sandstone, shale, and
limestone that is similar to that found in
the Ordovician geology to the south of
the proposed viticultural area.
Notice of Proposed Rulemaking and
Comments Received
TTB published Notice No. 67
regarding the proposed Lehigh Valley
viticultural area in the Federal Register
(71 FR 65437) on November 8, 2006. We
received no comments 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
Lehigh Valley American viticultural
area in southeastern Pennsylvania in
portions of Lehigh, Northampton, Berks,
Schuylkill, Carbon, and Monroe
Counties, 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 document.
Maps
The maps for determining the
boundary of the viticultural area are
listed 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, ‘‘Lehigh Valley,’’
is recognized under 27 CFR 4.39(i)(3) as
a name of viticultural significance. In
addition, the name ‘‘Lehigh’’ standing
alone will be considered a term of
viticultural significance because
E:\FR\FM\11MRR1.SGM
11MRR1
12874
Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
consumers and vintners could
reasonably attribute the quality,
reputation, or other characteristic of
wine made from grapes grown in the
Lehigh Valley viticultural area to the
name Lehigh itself. The text of the new
regulation clarifies these points.
Consequently, wine bottlers using
‘‘Lehigh Valley’’ or ‘‘Lehigh’’ 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 full name or ‘‘Lehigh’’ 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 specified as having
viticultural significance 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 of viticultural significance
as an appellation of origin and that
name or other 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 of viticultural
significance appears in another
reference on the label in a misleading
manner, the bottler would have to
obtain approval of a new label.
Different rules apply if a wine has a
brand name containing a viticultural
area name or other term of viticultural
significance 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.
This 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.
yshivers on PROD1PC62 with RULES
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.
VerDate Aug<31>2005
15:22 Mar 10, 2008
Jkt 214001
Drafting Information
N. A. Sutton of the Regulations and
Rulings Division drafted this notice.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
For the reasons discussed in the
preamble, we amend 27 CFR, chapter I,
part 9, as follows:
I
PART 9—AMERICAN VITICULTURAL
AREAS
1. The authority citation for part 9
continues to read as follows:
I
Authority: 27 U.S.C. 205.
Subpart C—Approved American
Viticultural Areas
2. Amend subpart C by adding § 9.210
to read as follows:
I
§ 9.210
Lehigh Valley.
(a) Name. The name of the viticultural
area described in this section is ‘‘Lehigh
Valley’’. For purposes of part 4 of this
chapter, ‘‘Lehigh Valley’’ and ‘‘Lehigh’’
are terms of viticultural significance.
(b) Approved maps. The seven United
Stages Geological Survey 1:50,000 scale
topographic maps used to determine the
boundary of the Lehigh Valley
viticultural area are titled:
(1) Berks County, Pennsylvania, 1978;
(2) Schuylkill County (West Half),
Pennsylvania, 1979;
(3) Schuylkill County (East Half),
Pennsylvania, 1979;
(4) Carbon County, Pennsylvania,
1991;
(5) Monroe County, Pennsylvania,
1980;
(6) Northampton County,
Pennsylvania, 1981; and
(7) Lehigh County, Pennsylvania,
1987.
(c) Boundary. The Lehigh Valley
viticultural area is located in portions of
Lehigh, Northampton, Berks, Schuylkill,
Carbon, and Monroe Counties,
Pennsylvania. The boundary of the
proposed Lehigh Valley viticultural area
is as described below:
(1) The beginning point is on the
Berks County map at the intersection of
the Berks-Lancaster County line and the
single-track Conrail rail line located
near Cacoosing Creek in South
Heidelberg Township;
(2) From the beginning point, proceed
northwest along the Berks County line
and, crossing onto the Schuylkill
County (West Half) map, continue
northwest along the Schuylkill-Lebanon
County line to the county line’s
intersection with the northern boundary
of Pine Grove township; then
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
(3) Proceed northeast along the
northern boundary of Pine Grove,
Washington, and Wayne Townships
and, crossing onto the Schuylkill
County (East Half) map, continue along
the northern boundary of Wayne
Township to the northeast corner of that
township, then
(4) Proceed east-northeasterly in a
straight line to the confluence of Beaver
Creek and Cold Run at the northeast
corner of State Game Lands No. 222 in
Walker township; then
(5) Proceed north-northeasterly in a
straight line to the 1,402-foot elevation
point on Wildcat Mountain in Walker
township; then
(6) Proceed easterly in a straight line,
crossing onto the Carbon County map,
and continue to Bench Mark (BM) 1032
located on Highway 902, south of the
village of Bloomingdale; then
(7) Proceed east-northeasterly in a
straight line to BM 555 located
immediately east of the Lehigh River in
the city of Jim Thorpe; then
(8) Proceed east-northeasterly in a
straight line to the northern most point
of Lehighton Reservoir; then
(9) Proceed east-northeasterly in a
straight line to the western end of the
dam at the Penn Forest Reservoir; then
(10) Proceed easterly in a straight line
and, crossing onto the Monroe County
map, continue to the 847-foot elevation
point located at the intersection of
Highway 534 and an unnamed road
locally know as Dotters Corner Road in
Polk township; then
(11) Proceed east-northeasterly in a
straight line to the intersection of
Highway 115 and an unnamed
secondary road locally known as Astolat
Road immediately north of the village of
Effort; then
(12) Proceed east-northeasterly in a
straight line to St. Johns Cemetery,
located along Appenzell Creek
northwest of the village of Neola; then
(13) Proceed straight northeast to the
intersection of Interstate 80 and an
unnamed road locally known as
Hamilton Turnpike at the town of
Bartonsville; then
(14) Proceed east-southeast along
Interstate 80 through Stroudsburg to the
west bank of the Delaware River; then
(15) Proceed south (downstream)
along the west bank of the Delaware
River, and, crossing onto the
Northampton County map, continue
south along the west bank of the
Delaware River to the mouth of Lehigh
River at Easton; then
(16) Proceed southwesterly (upstream)
along the south bank of the Lehigh
River, and crossing onto the Lehigh
County map, continue along the south
E:\FR\FM\11MRR1.SGM
11MRR1
Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations
bank of the Lehigh River to the mouth
of Jordan Creek in Allentown; then
(17) Proceed westerly (upstream)
along Jordan Creek to the first railroad
bridge over the creek, and then,
following the Conrail rail line on that
bridge, proceed southerly along the
Conrail rail line (paralleling Trout Creek
at first) through Emmaus, Macungie,
and Alburtis, and continue along the
rail line to the Lehigh-Berks County
line; then
(18) Crossing onto the Berks County
map, continue southerly along the
Conrail rail line through Mertztown,
Topton, Lyons, Fleetwood, Blandon,
and Muhlenburg to the Conrail rail
bridge across the Schuylkill River in
Reading; then
(19) Following the Conrail rail line on
the Schuylkill River bridge, proceed
southerly along the rail line through
Wyomissing to the rail line’s junction
with a single-track Conrail rail line in
Sinking Springs; then
(20) From the Conrail rail line
junction in Sinking Springs, follow the
single track Conrail rail line through
Montello, Fritztown, and Vinemont, and
return to the beginning point.
Signed: April 4, 2007.
John J. Manfreda,
Administrator.
Approved: November 16, 2007.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and
Tariff Policy).
Editorial Note: This document was
received at the Office of the Federal Register
on March 6, 2008.
[FR Doc. E8–4786 Filed 3–10–08; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[T.D. TTB–65; Re: Notice No. 61]
RIN 1513–AB23
Expansion of the Alexander Valley
Viticultural Area (2005R–501P)
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
yshivers on PROD1PC62 with RULES
AGENCY:
SUMMARY: This Treasury decision
expands the Alexander Valley
viticultural area in Sonoma County,
California, by 1,300 acres along its
northwestern boundary line. We
designate viticultural areas to allow
vintners to better describe the origin of
VerDate Aug<31>2005
15:22 Mar 10, 2008
Jkt 214001
their wines and to allow consumers to
better identify wines they may
purchase.
DATES: Effective Date: April 10, 2008.
FOR FURTHER INFORMATION CONTACT: N.A.
Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 925 Lakeville St., No.
158, Petaluma, CA 94952; telephone
415–271–1254.
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-
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
12875
growing region as a viticultural area.
Petitioners may use the same procedure
to request changes involving existing
viticultural areas. 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.
Alexander Valley Viticultural Area
Expansion Petition
Background
Patrick Shabram of Shabram, Inc.,
with the support of vineyard owner
Anthony Martorana, proposes a 1,300acre expansion of the Alexander Valley
viticultural area (27 CFR 9.53) along the
current diagonal northwestern boundary
line. The expansion would result in a
viticultural area of 67,710 acres.
The proposed expansion area starts 1
mile south-southwest of Cloverdale and
continues south for another 2 miles,
according to the USGS Cloverdale
Quadrangle map and written boundary
description submitted by the petitioner.
The shape of the proposed expansion
area resembles a triangle with one side
running along the Alexander Valley
viticultural area’s existing diagonal
northwestern boundary line.
According to the petitioner, Seven
Arches Vineyards straddles that
diagonal northwestern boundary line,
with about 10 acres outside of the
existing Alexander Valley viticultural
area. The proposed expansion area, the
petitioner continues, would incorporate
into the Alexander Valley viticultural
area all of Seven Arches Vineyards and
the entire 20 acres of Icaria Vineyards,
both of which are located along Hiatt
Road and Icaria Creek. Another
vineyard, Jeke Vineyards, lies
immediately inside the existing
boundary line, according to a petition
map outlining the vineyards of the area.
The table below explains the
relationship of these three vineyards to
E:\FR\FM\11MRR1.SGM
11MRR1
]]>Agencies
[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12870-12875]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4786]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[T.D. TTB-66; Re: Notice No. 67]
RIN 1513-AB19
Establishment of the Lehigh Valley Viticultural Area (2005R-415P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
-----------------------------------------------------------------------
SUMMARY: This Treasury decision establishes the 1,888-square mile
Lehigh Valley viticultural area in southeastern Pennsylvania in
portions of Lehigh, Northampton, Berks, Schuylkill, Carbon, and Monroe
Counties. We designate viticultural areas to allow vintners to better
describe the origin of their wines and to allow consumers to
[[Page 12871]]
better identify wines they may purchase.
DATES: Effective Date: April 10, 2008.
FOR FURTHER INFORMATION CONTACT: N.A. Sutton, Regulations and Rulings
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St.,
No. 158, Petaluma, CA 94952; phone 415-271-1254.
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.
Lehigh Valley Viticultural Area
Background
John Skrip III, chairman of the Lehigh Wine Trail Appellation
Committee submitted a petition to TTB proposing the establishment of
the 1,888-square mile Lehigh Valley viticultural area in southeastern
Pennsylvania. The proposed area is located approximately 45 miles
north-northwest of Philadelphia and includes portions of Lehigh,
Northampton, Berks, Schuylkill, Carbon, and Monroe Counties. TTB notes
that the proposed Lehigh Valley viticultural area does not overlap any
other viticultural area. As of 2005, the proposed viticultural area
included 9 wineries and 13 vineyards with 220 acres devoted to
viticulture, according to the petitioner. The petitioner notes that the
distinguishing features of the proposed viticultural area include its
rolling hills and a similar agricultural climate throughout.
The evidence submitted with the petition is summarized below.
Name Evidence
The petitioner explains that Lehigh Valley derives its name from
the Lehigh River, which flows through the proposed viticultural area
and into the Delaware River at Easton, Pennsylvania. The petitioner
states that the word ``Lehigh'' originated with the Delaware Indians in
the 1600s, who named the area ``Lechauwekink,'' meaning an area with
river forks. The petitioner notes that through a series of translations
of the original Indian name, the name ``Lehigh'' now identifies the
area. The petitioner also notes that the ``Lehigh Valley'' name applies
to a much larger area than the immediate region bordering the Lehigh
River and is, in fact, associated with the entire proposed viticultural
area.
The petitioner provides evidence for the use of the Lehigh or
Lehigh Valley name throughout the proposed viticultural area by
businesses, cities, schools, and the National Highway System. For
example, Lehigh Street is a major thoroughfare in the city of
Allentown, Lehigh University is located on the outskirts of Bethlehem,
and the Lehigh Tunnel was constructed on the Northeast Extension of the
Pennsylvania Turnpike, just north of the Lehigh County line. Also, two
pages of the Lehigh Valley telephone book include nine columns of
businesses located within the proposed viticultural area that use
``Lehigh Valley'' as part of the company name. The petition also
includes brochures for inns, golf courses, covered bridges, a chamber
orchestra, and a wine trail that use the Lehigh Valley name.
The January 11, 2005, edition of the Bethlehem, Pennsylvania,
Express-Times newspaper claims on its front page that it is ``The
Lehigh Valley's fastest growing newspaper.'' An article in the business
section of the March 31, 2002, edition of the Allentown Morning Call
newspaper discusses the economic development of the Lehigh Valley area.
The article notes that six community organizations incorporated
``Lehigh Valley'' in their names between 1984 and 2002, including the
Lehigh Valley Convention and Visitors Bureau, the American Red Cross of
the Greater Lehigh Valley, the United Way of Greater Lehigh Valley, and
the Lehigh Valley Chamber of Commerce.
In addition, the petitioner provides copies of two regional
magazines, ``Lehigh Valley Style,'' dated March/April 2003, and
``Lehigh Valley,'' dated July/August 2004. The ``Lehigh Valley''
magazine includes a full page advertisement for the Lehigh Valley
Hospital in Allentown, Pennsylvania. Other petitioner evidence includes
a toll receipt for the Lehigh Valley exit of the Pennsylvania Turnpike
extension (Interstate 476) and a copy of the home page from the Lehigh
Valley International Airport Web site. A U.S. post office and mail
distribution center located off Route 22 between Allentown and
Bethlehem is referred to as the Lehigh Valley Post Office, according to
the petitioner.
Boundary Evidence
The proposed Lehigh Valley viticultural area encompasses the Lehigh
River valley from the town of Jim Thorpe to the river's mouth at
Easton, as well as the regions to the
[[Page 12872]]
northeast and southwest of the immediate river valley. In addition to
the Lehigh River valley, the proposed viticultural area includes
portions of the Schuylkill River valley in the southwest and the
Brodhead River valley in the northeast. The proposed area also includes
all or portions of the cities of Stroudsburg, Easton, Bethlehem,
Allentown, and Reading, Pennsylvania.
Commercial grape growing started in the proposed Lehigh Valley
viticultural area in 1974, the petitioner explains, when Vynecrest
Winery and Clover Hill Winery started planting grapes. Two years later,
Franklin Hill Winery planted grapes near Bangor in Northampton County.
The proposed viticultural area is oriented southwest to northeast
in the approximate shape of a rectangle. The petitioner states that the
proposed boundary runs for 92 miles along its northern side, 24 miles
along its eastern side, 56 miles along its southern side, and 28 miles
along its western side.
Along the proposed viticultural area's boundary in the north, a
portion of the Appalachian ridge, including Second Mountain and Wildcat
Mountain in Schuylkill County, Mauch Chunk Ridge, Bear Mountain, and
Call Mountain in Carbon County, and a series of lower hills in Monroe
County, separates the proposed area from the cooler mountains of
northeastern Pennsylvania.
To the east, between Stroudsburg and Easton, the Delaware River
separates Pennsylvania from New Jersey and marks the eastern limit of
the proposed Lehigh Valley viticultural area. The petitioner notes that
the region of northwestern New Jersey bordering the proposed area is
not considered part of the Lehigh Valley region. To the southeast,
another long Appalachian mountain ridge, South Mountain, separates the
proposed viticultural area from the immediate Philadelphia region.
To the west, the southwestern Berks County and Schuylkill County
lines separate the Lehigh Valley region from the counties of south-
central Pennsylvania, which is considered a separate geographical
region of the State, according to the petitioner.
Distinguishing Features
The distinguishing features of the proposed Lehigh Valley
viticultural area, according to the petitioner, include its rolling
hills and a similar agricultural climate throughout. These features
contrast with the regions to the north and south of the proposed
viticultural area, according to the petitioner. To document these
differences, the petitioner uses data collected from 1961 to 1996 by
the United States Department of Agriculture and its Natural Resources
Conservation Service (NRCS). In addition, the petitioner submitted maps
of Pennsylvania with information on soil moisture, soil temperature,
frost-free periods, and agro-climatic regions.
Climate
The agricultural-climatic features of the proposed Lehigh Valley
viticultural area include heat accumulation measurements of 2,601 to
3,000 annual degree days and an annual moisture surplus of 351 to 450
millimeters of water, as shown on the Agro-Climate Regions of
Pennsylvania map submitted with the petition. (As a measurement of heat
accumulation during the growing season, one degree day accumulates for
each degree Fahrenheit that a day's mean temperature is above 50
degrees, which is the minimum temperature required for grapevine
growth. See ``General Viticulture,'' by Albert J. Winkler, University
of California Press, 1974.)
The USGS and the NRCS integrate degree-days and annual moisture
surplus data to identify regions of relatively homogeneous heat and
moisture characteristics related to crop production. This information
is shown on the Agro-Climate Regions of Pennsylvania map submitted with
the petition and is summarized in the table below.
Lehigh Valley Area Degree Day and Water Balances
----------------------------------------------------------------------------------------------------------------
North of South of
Lehigh Valley Lehigh Valley Lehigh Valley
region area region
----------------------------------------------------------------------------------------------------------------
Growing season degree-days...................................... 1,801-2,600 2,601-3,000 3,001-3,400
Annual water balance (surplus).................................. 451-550 351-450 351-450
----------------------------------------------------------------------------------------------------------------
The petitioner presents annual temperature data collected from 1975
to 2004 at three airports--one to the north of the proposed
viticultural area, one to the south of the proposed area, and one
within the proposed area. The data, as summarized in the table below,
shows differences in average annual precipitation and temperatures,
with a warming trend from north to south.
Lehigh Valley Area Climatic Temperature Data Averages 1975-2004
----------------------------------------------------------------------------------------------------------------
Philadelphia
Wilkes-Barre Scranton Lehigh Valley Airport International Airport
Fahrenheit temperatures Airport (25 miles north (within the proposed (45 miles south of
of Lehigh Valley) viticultural area) Lehigh Valley)
----------------------------------------------------------------------------------------------------------------
Average High......................... 58.8[deg].............. 61.5[deg].............. 64.4[deg]
Average Mean......................... 49.7[deg].............. 51.7[deg].............. 55.4[deg]
Average Low.......................... 40.6[deg].............. 42[deg]................ 46.6[deg]
Maximum High......................... 94.4[deg].............. 96.5[deg].............. 97.3[deg]
Minimum Low.......................... -4.2[deg].............. 0.7[deg]............... 5.2[deg]
Frequency of days below 5[deg]....... 14..................... 7...................... 3
Average rain in inches............... 37.5''................. 43.6''................. 41.6''
----------------------------------------------------------------------------------------------------------------
The proposed Lehigh Valley viticultural area's growing season
ranges from 161 to 180 consecutive frost-free days, with the proposed
area's southern portion having fewer days with frost than its northern
portion, according to the Frost-Free Period of Pennsylvania Landscapes
map submitted with the petition. A frost-free period, based on 32
[[Page 12873]]
degrees Fahrenheit or above, the petitioner explains, represents the
consecutive days from the final killing frost in the spring to the
first killing frost in the fall. This 161- to 180-day timeframe defines
the length of the regional growing season for most agronomic crops.
The region north of the proposed viticultural area, the petitioner
states, is cooler during the growing season, with 1,801 to 2,600 degree
days of heat accumulation. The region to the north also is wetter, with
an annual surplus water balance of 451 to 550 millimeters of water. The
higher elevations to the north of the Lehigh Valley region create a
climate with cooler temperatures and more soil moisture retention. As
evidence, the petitioner submitted the Agro-Climate Regions of
Pennsylvania map, which shows a distinctively cooler and wetter climate
north of the proposed Lehigh Valley viticultural area. Also, the
meteorological data collected during the years 1975 to 2004 from the
Wilkes-Barre Scranton International Airport, located 25 miles north of
the proposed viticultural area, shows consistently lower temperatures
than are found in the proposed viticultural area, with twice as many
days dipping below 5 degrees Fahrenheit annually.
The petitioner describes the area to the south of the proposed
viticultural area as marginally, yet consistently, warmer.
Meteorological information included in the petition from the
Philadelphia International Airport, 45 miles south of the Lehigh
Valley, confirms that temperatures to the south of the proposed area
are warmer by an average of 4 degrees Fahrenheit. The petitioner also
explains that to the south of the proposed area the warmer
temperatures, combined with different soils, create a longer grape-
growing season and mature grapes with lower acidities and different
flavors than those of the proposed Lehigh Valley viticultural area.
Areas to the east and west of the proposed Lehigh Valley
viticultural area are, for geopolitical and social reasons, considered
to be outside of the Lehigh Valley. Across the Delaware River to the
east of the proposed viticultural area is the State of New Jersey. The
petitioner states that the residents of this northwestern New Jersey
region do not consider themselves to be a part of the Lehigh Valley
region of Pennsylvania. The region to the west of the proposed
viticultural area also is not considered to be part of the Lehigh
Valley, according to the petitioner. The counties to the west of the
proposed area considered by most to be part of south-central
Pennsylvania, which is often called ``Pennsylvania Dutch Country.''
Topography
The topography of the proposed Lehigh Valley viticultural area
largely consists of rolling hills with elevations generally between 500
feet and 1,000 feet, according to the petitioner and the USGS maps
provided. Creeks and several rivers flow through the region, while
lakes dot the landscape, as shown on the USGS maps of the region. Also,
a small portion of the proposed northeastern boundary area, along the
foothills of the Blue Mountain range, rises to the 1,600-foot contour
line. The Appalachian National Scenic Trail meanders through the
proposed area's higher elevations, as shown on the USGS maps.
Beyond the northern boundary of the proposed viticultural area, the
terrain transitions from the lower, rolling hills of the Lehigh Valley
to higher foothills and mountains with elevations ranging from 1,000
feet to 1,900 feet. While the region southeast of the proposed
viticultural area begins on the heights of South Mountain, the region
quickly falls to the lower and flatter elevations of the Delaware River
valley.
Soils
The petitioner states that the soils within the proposed Lehigh
Valley viticultural area are mainly based on shale, sandstone, and
siltstone. A 1972 Soil Conservation Service publication, General Soil
Map--Pennsylvania, verifies that the area contains shale, sandstone,
and siltstone. Soils to the south of the proposed area, according to
the petitioner, are based on schist, gneiss, and porcelanite, rather
than shale, limestone, and sandstone.
According to data submitted by the petitioner, a lack of soil
moisture during the growing season puts the proposed Lehigh Valley
viticultural area in the Typic Udic moisture regime (less than 90 days
of drying), as determined by USGS and NRCS data and shown on the Soil
Moistures Regimes of Pennsylvania Landscapes map. The petitioner
explains that the region typically has a June through August dry season
when the grape vines rely on stored moisture rather than rain.
The estimated annual mean soil temperature of the proposed
viticultural area is Typic Mesic, ranging from 10.5 degrees Centigrade,
or 50.9 degrees Fahrenheit, to 12.0 degrees Centigrade, or 54 degrees
Fahrenheit. This information is based on temperatures at 20 inches
below the soil surface and shown on the Soil Moistures Regimes of
Pennsylvania Landscapes map.
Geology
The geology of the proposed Lehigh Valley viticultural area, as
depicted on the Geologic Map of Pennsylvania, Commonwealth of
Pennsylvania, Conservation and Natural Resources, Bureau of Topographic
and Geologic Survey, revised in 2000, includes Ordovician features in
the south and Permian features in the north. The Ordovician geology,
predominantly consisting of shale, limestone, dolomite, and sandstone,
dates back 430 million to 500 million years. The Permian geology,
dating back 250 million to 290 million years, consists of coal, in
addition to the sandstone, shale, and limestone that is similar to that
found in the Ordovician geology to the south of the proposed
viticultural area.
Notice of Proposed Rulemaking and Comments Received
TTB published Notice No. 67 regarding the proposed Lehigh Valley
viticultural area in the Federal Register (71 FR 65437) on November 8,
2006. We received no comments 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 Lehigh Valley
American viticultural area in southeastern Pennsylvania in portions of
Lehigh, Northampton, Berks, Schuylkill, Carbon, and Monroe Counties,
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 document.
Maps
The maps for determining the boundary of the viticultural area are
listed 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, ``Lehigh
Valley,'' is recognized under 27 CFR 4.39(i)(3) as a name of
viticultural significance. In addition, the name ``Lehigh'' standing
alone will be considered a term of viticultural significance because
[[Page 12874]]
consumers and vintners could reasonably attribute the quality,
reputation, or other characteristic of wine made from grapes grown in
the Lehigh Valley viticultural area to the name Lehigh itself. The text
of the new regulation clarifies these points. Consequently, wine
bottlers using ``Lehigh Valley'' or ``Lehigh'' 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 full name or ``Lehigh'' 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
specified as having viticultural significance 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 of viticultural significance as an appellation of
origin and that name or other 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 of viticultural significance appears in another
reference on the label in a misleading manner, the bottler would have
to obtain approval of a new label.
Different rules apply if a wine has a brand name containing a
viticultural area name or other term of viticultural significance 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. This
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
N. A. Sutton of the Regulations and Rulings Division drafted this
notice.
List of Subjects in 27 CFR Part 9
Wine.
The Regulatory Amendment
0
For the reasons discussed in the preamble, we amend 27 CFR, chapter I,
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. Amend subpart C by adding Sec. 9.210 to read as follows:
Sec. 9.210 Lehigh Valley.
(a) Name. The name of the viticultural area described in this
section is ``Lehigh Valley''. For purposes of part 4 of this chapter,
``Lehigh Valley'' and ``Lehigh'' are terms of viticultural
significance.
(b) Approved maps. The seven United Stages Geological Survey
1:50,000 scale topographic maps used to determine the boundary of the
Lehigh Valley viticultural area are titled:
(1) Berks County, Pennsylvania, 1978;
(2) Schuylkill County (West Half), Pennsylvania, 1979;
(3) Schuylkill County (East Half), Pennsylvania, 1979;
(4) Carbon County, Pennsylvania, 1991;
(5) Monroe County, Pennsylvania, 1980;
(6) Northampton County, Pennsylvania, 1981; and
(7) Lehigh County, Pennsylvania, 1987.
(c) Boundary. The Lehigh Valley viticultural area is located in
portions of Lehigh, Northampton, Berks, Schuylkill, Carbon, and Monroe
Counties, Pennsylvania. The boundary of the proposed Lehigh Valley
viticultural area is as described below:
(1) The beginning point is on the Berks County map at the
intersection of the Berks-Lancaster County line and the single-track
Conrail rail line located near Cacoosing Creek in South Heidelberg
Township;
(2) From the beginning point, proceed northwest along the Berks
County line and, crossing onto the Schuylkill County (West Half) map,
continue northwest along the Schuylkill-Lebanon County line to the
county line's intersection with the northern boundary of Pine Grove
township; then
(3) Proceed northeast along the northern boundary of Pine Grove,
Washington, and Wayne Townships and, crossing onto the Schuylkill
County (East Half) map, continue along the northern boundary of Wayne
Township to the northeast corner of that township, then
(4) Proceed east-northeasterly in a straight line to the confluence
of Beaver Creek and Cold Run at the northeast corner of State Game
Lands No. 222 in Walker township; then
(5) Proceed north-northeasterly in a straight line to the 1,402-
foot elevation point on Wildcat Mountain in Walker township; then
(6) Proceed easterly in a straight line, crossing onto the Carbon
County map, and continue to Bench Mark (BM) 1032 located on Highway
902, south of the village of Bloomingdale; then
(7) Proceed east-northeasterly in a straight line to BM 555 located
immediately east of the Lehigh River in the city of Jim Thorpe; then
(8) Proceed east-northeasterly in a straight line to the northern
most point of Lehighton Reservoir; then
(9) Proceed east-northeasterly in a straight line to the western
end of the dam at the Penn Forest Reservoir; then
(10) Proceed easterly in a straight line and, crossing onto the
Monroe County map, continue to the 847-foot elevation point located at
the intersection of Highway 534 and an unnamed road locally know as
Dotters Corner Road in Polk township; then
(11) Proceed east-northeasterly in a straight line to the
intersection of Highway 115 and an unnamed secondary road locally known
as Astolat Road immediately north of the village of Effort; then
(12) Proceed east-northeasterly in a straight line to St. Johns
Cemetery, located along Appenzell Creek northwest of the village of
Neola; then
(13) Proceed straight northeast to the intersection of Interstate
80 and an unnamed road locally known as Hamilton Turnpike at the town
of Bartonsville; then
(14) Proceed east-southeast along Interstate 80 through Stroudsburg
to the west bank of the Delaware River; then
(15) Proceed south (downstream) along the west bank of the Delaware
River, and, crossing onto the Northampton County map, continue south
along the west bank of the Delaware River to the mouth of Lehigh River
at Easton; then
(16) Proceed southwesterly (upstream) along the south bank of the
Lehigh River, and crossing onto the Lehigh County map, continue along
the south
[[Page 12875]]
bank of the Lehigh River to the mouth of Jordan Creek in Allentown;
then
(17) Proceed westerly (upstream) along Jordan Creek to the first
railroad bridge over the creek, and then, following the Conrail rail
line on that bridge, proceed southerly along the Conrail rail line
(paralleling Trout Creek at first) through Emmaus, Macungie, and
Alburtis, and continue along the rail line to the Lehigh-Berks County
line; then
(18) Crossing onto the Berks County map, continue southerly along
the Conrail rail line through Mertztown, Topton, Lyons, Fleetwood,
Blandon, and Muhlenburg to the Conrail rail bridge across the
Schuylkill River in Reading; then
(19) Following the Conrail rail line on the Schuylkill River
bridge, proceed southerly along the rail line through Wyomissing to the
rail line's junction with a single-track Conrail rail line in Sinking
Springs; then
(20) From the Conrail rail line junction in Sinking Springs, follow
the single track Conrail rail line through Montello, Fritztown, and
Vinemont, and return to the beginning point.
Signed: April 4, 2007.
John J. Manfreda,
Administrator.
Approved: November 16, 2007.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).
Editorial Note: This document was received at the Office of the
Federal Register on March 6, 2008.
[FR Doc. E8-4786 Filed 3-10-08; 8:45 am]
BILLING CODE 4810-31-P
