12870 Federal Register / Vol. 73, No. 48 / Tuesday, March 11, 2008 / Rules and Regulations

TABLE 2—Continued

Industry descriptions in August 29, 2007 Federal Register NAICS code direct final rule Industry descriptions corrected

326130 ...... Laminated Plastics Plate, Sheet and Shape Manufacturing Laminated Plastics Plate, Sheet (except Packaging), and Shape Manufacturing. 331221 ...... Cold-Rolled Steel Shape Manufacturing ...... Rolled Steel Shape Manufacturing. 485113 ...... Bus and Motor Vehicle Transit Systems ...... Bus and Other Motor Vehicle Transit Systems. 522298 ...... All Other Non-Depository Credit Intermediation ...... All Other Nondepository Credit Intermediation. 522320 ...... Financial Transactions Processing, Reserve, and Clearing Financial Transactions Processing, Reserve, and Clearing- House Activities. house Activities. 561330 ...... Employee Leasing Services ...... Professional Employer Organizations. 721191 ...... Bed and Breakfast Inns ...... Bed-and-Breakfast Inns. 812921 ...... Photo Finishing Laboratories (except One-Hour) ...... Photofinishing Laboratories (except One-Hour). 812922 ...... One-Hour Photo Finishing ...... One-Hour Photofinishing.

List of Subjects in 13 CFR Part 121 ‘‘Plastics Bag and Pouch ‘‘Financial Transactions Processing, Administrative practice and Manufacturing’’. Reserve, and Clearinghouse Activities’’. I procedure, Government procurement, I g. Revise the industry description of q. Revise the industry description of Government property, Grant programs— NAICS code 326112 ‘‘Unsupported NAICS code 561330 ‘‘Employee Leasing business, Individuals with disabilities, Plastics Packaging Film and Sheet Services’’ to read ‘‘Professional Loan programs—business, Reporting Manufacturing’’ to read ‘‘Plastics Employer Organizations’’. I and recordkeeping requirements, Small Packaging Film and Sheet (including r. Revise the industry description of businesses. Laminated) Manufacturing’’. NAICS code 721191 ‘‘Bed and Breakfast I h. Revise the industry description of Inns’’ to read ‘‘Bed-and-Breakfast Inns’’. I For the reasons set forth in the NAICS code 326113 ‘‘Unsupported I s. Revise the industry description of preamble to this rule, SBA amends 13 Plastics Film and Sheet (except NAICS code 812921 ‘‘Photo Finishing CFR part 121 as follows: Packaging) Manufacturing’’ to read Laboratories (except One-Hour)’’ to read PART 121—SMALL BUSINESS SIZE ‘‘Unlaminated Plastics Film and Sheet ‘‘Photofinishing Laboratories (except REGULATIONS (except Packaging) Manufacturing’’. One-Hour)’’. I i. Revise the industry description of I t. Revise the industry description of I 1. The authority citation for part 121 NAICS code 326121 ‘‘Unsupported NAICS code 812922 ‘‘One-Hour Photo continues to read as follows: Plastics Profile Shapes Manufacturing’’ Finishing’’ to read ‘‘One-Hour Authority: 15 U.S.C. 632, 634(b)(6), 636(b), to read ‘‘Unlaminated Plastics Profile Photofinishing’’. 637(a), 644, and 662(5); and Pub. L. 105–135, Shape Manufacturing’’. Dated: March 4, 2008. sec. 401, et seq., 111 Stat, 2592. I j. Revise the industry description of Arthur E. Collins, NAICS code 326122 ‘‘Plastics Pipe and I 2. Amend § 121.201, in the table Director, Government Contracting. Pipe Fitting Manufacturing’’ to read ‘‘Small Business Size Standards by [FR Doc. E8–4788 Filed 3–10–08; 8:45 am] ‘‘Plastics Pipe and Pipe Fitting NAICS Industry’’ as follows: BILLING CODE 8025–01–P I Manufacturing’’. a. Revise the industry description of I NAICS code 112920 ‘‘Horses and Other k. Revise the industry description of NAICS code 326130 ‘‘Laminated Equine Production’’ to read ‘‘Horses and DEPARTMENT OF THE TREASURY Other Equine Production’’. Plastics Plate, Sheet and Shape Manufacturing’’ to read ‘‘Laminated I b. Revise the industry description of Alcohol and Tobacco Tax and Trade Plastics Plate, Sheet (except Packaging), NAICS code 311340 ‘‘Non-Chocolate Bureau Confectionery Manufacturing’’ to read and Shape Manufacturing’’. I l. Revise the industry description of ‘‘Nonchocolate Confectionery 27 CFR Part 9 Manufacturing’’. NAICS code 331221 ‘‘Cold-Rolled Steel I c. Revise the industry description of Shape Manufacturing’’ to read ‘‘Rolled [T.D. TTB–66; Re: Notice No. 67] NAICS code 311613 ‘‘Rendering and Steel Shape Manufacturing’’. RIN 1513–AB19 Meat By-Product Processing’’ to read I m. Revise the industry description of NAICS code 485113 ‘‘Bus and Motor ‘‘Rendering and Meat Byproduct Establishment of the Lehigh Valley Vehicle Transit Systems’’ to read ‘‘Bus Processing’’. Viticultural Area (2005R–415P) I d. Revise the industry description of and Other Motor Vehicle Transit NAICS code 322223 ‘‘Plastics, Foil, and Systems’’. AGENCY: Alcohol and Tobacco Tax and Coated Paper Bag Manufacturing’’ to I n. Revise the Size standards in Trade Bureau, Treasury. read ‘‘Coated Paper Bag and Pouch millions of dollars amount in the entry ACTION: Final rule; Treasury decision. Manufacturing’’. for 517919 to read ‘‘$23.0’’. I e. Revise the industry description of I o. Revise the industry description of SUMMARY: This Treasury decision NAICS code 323118 ‘‘Blankbook, Loose- NAICS code 522298 ‘‘All Other Non- establishes the 1,888-square mile Lehigh leaf Binders and Devices Depository Credit Intermediation’’ to Valley viticultural area in southeastern Manufacturing’’ to read ‘‘Blankbook, read ‘‘All Other Nondepository Credit Pennsylvania in portions of Lehigh, Looseleaf Binder and Device Intermediation’’. Northampton, Berks, Schuylkill, Manufacturing’’. I p. Revise the industry description of Carbon, and Monroe Counties. We I f. Revise the industry description of NAICS code 522320 ‘‘Financial designate viticultural areas to allow NAICS code 326111 ‘‘Unsupported Transactions Processing, Reserve, and vintners to better describe the origin of Plastics Bag Manufacturing’’ to read Clearing House Activities’’ to read their wines and to allow consumers to

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better identify wines they may Section 9.3(b) of the TTB regulations bordering the Lehigh River and is, in purchase. requires the petition to include— fact, associated with the entire proposed • DATES: Effective Date: April 10, 2008. Evidence that the proposed viticultural area. viticultural area is locally and/or The petitioner provides evidence for FOR FURTHER INFORMATION CONTACT: N.A. the use of the Lehigh or Lehigh Valley Sutton, Regulations and Rulings nationally known by the name specified name throughout the proposed Division, Alcohol and Tobacco Tax and in the petition; • viticultural area by businesses, cities, Trade Bureau, 925 Lakeville St., No. Historical or current evidence that schools, and the National Highway 158, Petaluma, CA 94952; phone 415– supports setting the boundary of the System. For example, Lehigh Street is a 271–1254. proposed viticultural area as the petition specifies; major thoroughfare in the city of SUPPLEMENTARY INFORMATION: • Evidence relating to the Allentown, Lehigh University is located Background on Viticultural Areas geographical features, such as climate, on the outskirts of Bethlehem, and the soils, elevation, and physical features, Lehigh Tunnel was constructed on the TTB Authority that distinguish the proposed Northeast Extension of the Pennsylvania Section 105(e) of the Federal Alcohol viticultural area from surrounding areas; Turnpike, just north of the Lehigh Administration Act (FAA Act), 27 • A description of the specific County line. Also, two pages of the U.S.C. 205(e), authorizes the Secretary boundary of the proposed viticultural Lehigh Valley telephone book include of the Treasury to prescribe regulations area, based on features found on United nine columns of businesses located for the labeling of wine, distilled spirits, States Geological Survey (USGS) maps; within the proposed viticultural area and malt beverages. The FAA Act and that use ‘‘Lehigh Valley’’ as part of the provides that these regulations should, • A copy of the appropriate USGS company name. The petition also among other things, prohibit consumer map(s) with the proposed viticultural includes brochures for inns, golf deception and the use of misleading area’s boundary prominently marked. courses, covered bridges, a chamber statements on labels, and ensure that orchestra, and a wine trail that use the labels provide the consumer with Lehigh Valley Viticultural Area Lehigh Valley name. adequate information as to the identity Background The January 11, 2005, edition of the and quality of the product. The Alcohol Bethlehem, Pennsylvania, Express- and Tobacco Tax and Trade Bureau John Skrip III, chairman of the Lehigh Times newspaper claims on its front (TTB) administers the regulations Wine Trail Appellation Committee page that it is ‘‘The Lehigh Valley’s promulgated under the FAA Act. submitted a petition to TTB proposing fastest growing newspaper.’’ An article Part 4 of the TTB regulations (27 CFR the establishment of the 1,888-square in the business section of the March 31, part 4) allows the establishment of mile Lehigh Valley viticultural area in 2002, edition of the Allentown Morning definitive viticultural areas and the use southeastern Pennsylvania. The Call newspaper discusses the economic of their names as appellations of origin proposed area is located approximately development of the Lehigh Valley area. on wine labels and in wine 45 miles north-northwest of The article notes that six community advertisements. Part 9 of the TTB Philadelphia and includes portions of organizations incorporated ‘‘Lehigh regulations (27 CFR part 9) contains the Lehigh, Northampton, Berks, Schuylkill, Valley’’ in their names between 1984 list of approved viticultural areas. Carbon, and Monroe Counties. TTB and 2002, including the Lehigh Valley notes that the proposed Lehigh Valley Convention and Visitors Bureau, the Definition viticultural area does not overlap any American Red Cross of the Greater Section 4.25(e)(1)(i) of the TTB other viticultural area. As of 2005, the Lehigh Valley, the United Way of regulations (27 CFR 4.25(e)(1)(i)) defines proposed viticultural area included 9 Greater Lehigh Valley, and the Lehigh a viticultural area for American wine as wineries and 13 vineyards with 220 Valley Chamber of Commerce. a delimited grape-growing region acres devoted to viticulture, according In addition, the petitioner provides distinguishable by geographical to the petitioner. The petitioner notes copies of two regional magazines, features, the boundaries of which have that the distinguishing features of the ‘‘Lehigh Valley Style,’’ dated March/ been recognized and defined in part 9 proposed viticultural area include its April 2003, and ‘‘Lehigh Valley,’’ dated of the regulations. These designations rolling hills and a similar agricultural July/August 2004. The ‘‘Lehigh Valley’’ allow vintners and consumers to climate throughout. magazine includes a full page attribute a given quality, reputation, or The evidence submitted with the advertisement for the Lehigh Valley other characteristic of a wine made from petition is summarized below. Hospital in Allentown, Pennsylvania. grapes grown in an area to its Name Evidence Other petitioner evidence includes a toll geographical origin. The establishment receipt for the Lehigh Valley exit of the of viticultural areas allows vintners to The petitioner explains that Lehigh Pennsylvania Turnpike extension describe more accurately the origin of Valley derives its name from the Lehigh (Interstate 476) and a copy of the home their wines to consumers and helps River, which flows through the page from the Lehigh Valley consumers to identify wines they may proposed viticultural area and into the International Airport Web site. A U.S. purchase. Establishment of a viticultural Delaware River at Easton, Pennsylvania. post office and mail distribution center area is neither an approval nor an The petitioner states that the word located off Route 22 between Allentown endorsement by TTB of the wine ‘‘Lehigh’’ originated with the Delaware and Bethlehem is referred to as the produced in that area. Indians in the 1600s, who named the Lehigh Valley Post Office, according to area ‘‘Lechauwekink,’’ meaning an area the petitioner. Requirements with river forks. The petitioner notes Section 4.25(e)(2) of the TTB that through a series of translations of Boundary Evidence regulations outlines the procedure for the original Indian name, the name The proposed Lehigh Valley proposing an American viticultural area ‘‘Lehigh’’ now identifies the area. The viticultural area encompasses the and provides that any interested party petitioner also notes that the ‘‘Lehigh Lehigh River valley from the town of may petition TTB to establish a grape- Valley’’ name applies to a much larger Jim Thorpe to the river’s mouth at growing region as a viticultural area. area than the immediate region Easton, as well as the regions to the

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northeast and southwest of the mountains of northeastern Conservation Service (NRCS). In immediate river valley. In addition to Pennsylvania. addition, the petitioner submitted maps the Lehigh River valley, the proposed To the east, between Stroudsburg and of Pennsylvania with information on viticultural area includes portions of the Easton, the Delaware River separates soil moisture, soil temperature, frost- Schuylkill River valley in the southwest Pennsylvania from New Jersey and free periods, and agro-climatic regions. and the Brodhead River valley in the marks the eastern limit of the proposed Climate northeast. The proposed area also Lehigh Valley viticultural area. The includes all or portions of the cities of petitioner notes that the region of The agricultural-climatic features of Stroudsburg, Easton, Bethlehem, northwestern New Jersey bordering the the proposed Lehigh Valley viticultural Allentown, and Reading, Pennsylvania. proposed area is not considered part of area include heat accumulation Commercial grape growing started in the Lehigh Valley region. To the measurements of 2,601 to 3,000 annual the proposed Lehigh Valley viticultural southeast, another long Appalachian degree days and an annual moisture area in 1974, the petitioner explains, mountain ridge, South Mountain, surplus of 351 to 450 millimeters of when Vynecrest Winery and Clover Hill separates the proposed viticultural area water, as shown on the Agro-Climate Winery started planting grapes. Two from the immediate Philadelphia region. Regions of Pennsylvania map submitted years later, Franklin Hill Winery To the west, the southwestern Berks with the petition. (As a measurement of planted grapes near Bangor in County and Schuylkill County lines heat accumulation during the growing separate the Lehigh Valley region from Northampton County. season, one degree day accumulates for the counties of south-central each degree Fahrenheit that a day’s The proposed viticultural area is Pennsylvania, which is considered a mean temperature is above 50 degrees, oriented southwest to northeast in the separate geographical region of the which is the minimum temperature approximate shape of a rectangle. The State, according to the petitioner. petitioner states that the proposed required for grapevine growth. See boundary runs for 92 miles along its Distinguishing Features ‘‘General Viticulture,’’ by Albert J. northern side, 24 miles along its eastern The distinguishing features of the Winkler, University of California Press, side, 56 miles along its southern side, proposed Lehigh Valley viticultural 1974.) and 28 miles along its western side. area, according to the petitioner, include The USGS and the NRCS integrate Along the proposed viticultural area’s its rolling hills and a similar agricultural degree-days and annual moisture boundary in the north, a portion of the climate throughout. These features surplus data to identify regions of Appalachian ridge, including Second contrast with the regions to the north relatively homogeneous heat and Mountain and Wildcat Mountain in and south of the proposed viticultural moisture characteristics related to crop Schuylkill County, Mauch Chunk Ridge, area, according to the petitioner. To production. This information is shown Bear Mountain, and Call Mountain in document these differences, the on the Agro-Climate Regions of Carbon County, and a series of lower petitioner uses data collected from 1961 Pennsylvania map submitted with the hills in Monroe County, separates the to 1996 by the United States Department petition and is summarized in the table proposed area from the cooler of Agriculture and its Natural Resources 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 the south of the proposed area, and one precipitation and temperatures, with a temperature data collected from 1975 to within the proposed area. The data, as warming trend from north to south. 2004 at three airports—one to the north summarized in the table below, shows of the proposed viticultural area, one to differences in average annual

LEHIGH VALLEY AREA CLIMATIC TEMPERATURE DATA AVERAGES 1975–2004

Wilkes-Barre Philadelphia Inter- Scranton Airport Lehigh Valley Airport national Airport Fahrenheit temperatures (25 miles north of (within the proposed (45 miles south of Lehigh Valley) viticultural area) Lehigh Valley)

Average High ...... 58.8° ...... 61.5° ...... 64.4° Average Mean ...... 49.7° ...... 51.7° ...... 55.4° Average Low ...... 40.6° ...... 42° ...... 46.6° Maximum High ...... 94.4° ...... 96.5° ...... 97.3° Minimum Low ...... ¥4.2° ...... 0.7° ...... 5.2° Frequency of days below 5° ...... 14 ...... 7 ...... 3 Average rain in inches ...... 37.5″ ...... 43.6″ ...... 41.6″

The proposed Lehigh Valley days, with the proposed area’s southern the Frost-Free Period of Pennsylvania viticultural area’s growing season ranges portion having fewer days with frost Landscapes map submitted with the from 161 to 180 consecutive frost-free than its northern portion, according to petition. A frost-free period, based on 32

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degrees Fahrenheit or above, the central Pennsylvania, which is often Geology petitioner explains, represents the called ‘‘Pennsylvania Dutch Country.’’ The geology of the proposed Lehigh consecutive days from the final killing Topography Valley viticultural area, as depicted on frost in the spring to the first killing the Geologic Map of Pennsylvania, The topography of the proposed frost in the fall. This 161- to 180-day Commonwealth of Pennsylvania, Lehigh Valley viticultural area largely timeframe defines the length of the Conservation and Natural Resources, consists of rolling hills with elevations regional growing season for most Bureau of Topographic and Geologic generally between 500 feet and 1,000 agronomic crops. Survey, revised in 2000, includes feet, according to the petitioner and the The region north of the proposed Ordovician features in the south and USGS maps provided. Creeks and viticultural area, the petitioner states, is Permian features in the north. The several rivers flow through the region, cooler during the growing season, with Ordovician geology, predominantly while lakes dot the landscape, as shown 1,801 to 2,600 degree days of heat consisting of shale, limestone, dolomite, on the USGS maps of the region. Also, accumulation. The region to the north and sandstone, dates back 430 million a small portion of the proposed also is wetter, with an annual surplus to 500 million years. The Permian northeastern boundary area, along the water balance of 451 to 550 millimeters geology, dating back 250 million to 290 foothills of the Blue Mountain range, of water. The higher elevations to the million years, consists of coal, in rises to the 1,600-foot contour line. The north of the Lehigh Valley region create addition to the sandstone, shale, and Appalachian National Scenic Trail a climate with cooler temperatures and limestone that is similar to that found in meanders through the proposed area’s more soil moisture retention. As the Ordovician geology to the south of evidence, the petitioner submitted the higher elevations, as shown on the the proposed viticultural area. Agro-Climate Regions of Pennsylvania USGS maps. map, which shows a distinctively cooler Beyond the northern boundary of the Notice of Proposed Rulemaking and and wetter climate north of the proposed viticultural area, the terrain Comments Received proposed Lehigh Valley viticultural transitions from the lower, rolling hills TTB published Notice No. 67 area. Also, the meteorological data of the Lehigh Valley to higher foothills regarding the proposed Lehigh Valley collected during the years 1975 to 2004 and mountains with elevations ranging viticultural area in the Federal Register from the Wilkes-Barre Scranton from 1,000 feet to 1,900 feet. While the (71 FR 65437) on November 8, 2006. We International Airport, located 25 miles region southeast of the proposed received no comments in response to north of the proposed viticultural area, viticultural area begins on the heights of that notice. shows consistently lower temperatures South Mountain, the region quickly falls than are found in the proposed to the lower and flatter elevations of the TTB Finding viticultural area, with twice as many Delaware River valley. After careful review of the petition, days dipping below 5 degrees Soils TTB finds that the evidence submitted Fahrenheit annually. supports the establishment of the The petitioner describes the area to The petitioner states that the soils proposed viticultural area. Therefore, the south of the proposed viticultural within the proposed Lehigh Valley under the authority of the Federal area as marginally, yet consistently, viticultural area are mainly based on Alcohol Administration Act and part 4 warmer. Meteorological information shale, sandstone, and siltstone. A 1972 of our regulations, we establish the included in the petition from the Soil Conservation Service publication, Lehigh Valley American viticultural Philadelphia International Airport, 45 General Soil Map—Pennsylvania, area in southeastern Pennsylvania in miles south of the Lehigh Valley, verifies that the area contains shale, portions of Lehigh, Northampton, Berks, confirms that temperatures to the south sandstone, and siltstone. Soils to the Schuylkill, Carbon, and Monroe of the proposed area are warmer by an south of the proposed area, according to Counties, effective 30 days from the average of 4 degrees Fahrenheit. The the petitioner, are based on schist, publication date of this document. petitioner also explains that to the south gneiss, and porcelanite, rather than of the proposed area the warmer shale, limestone, and sandstone. Boundary Description temperatures, combined with different According to data submitted by the See the narrative boundary soils, create a longer grape-growing petitioner, a lack of soil moisture during description of the viticultural area in the season and mature grapes with lower the growing season puts the proposed regulatory text published at the end of acidities and different flavors than those Lehigh Valley viticultural area in the this document. of the proposed Lehigh Valley Typic Udic moisture regime (less than viticultural area. 90 days of drying), as determined by Maps Areas to the east and west of the USGS and NRCS data and shown on the The maps for determining the proposed Lehigh Valley viticultural area Soil Moistures Regimes of Pennsylvania boundary of the viticultural area are are, for geopolitical and social reasons, Landscapes map. The petitioner listed below in the regulatory text. considered to be outside of the Lehigh explains that the region typically has a Valley. Across the Delaware River to the June through August dry season when Impact on Current Wine Labels east of the proposed viticultural area is the grape vines rely on stored moisture Part 4 of the TTB regulations prohibits the State of New Jersey. The petitioner rather than rain. any label reference on a wine that states that the residents of this The estimated annual mean soil indicates or implies an origin other than northwestern New Jersey region do not temperature of the proposed viticultural the wine’s true place of origin. With the consider themselves to be a part of the area is Typic Mesic, ranging from 10.5 establishment of this viticultural area Lehigh Valley region of Pennsylvania. degrees Centigrade, or 50.9 degrees and its inclusion in part 9 of the TTB The region to the west of the proposed Fahrenheit, to 12.0 degrees Centigrade, regulations, its name, ‘‘Lehigh Valley,’’ viticultural area also is not considered or 54 degrees Fahrenheit. This is recognized under 27 CFR 4.39(i)(3) as to be part of the Lehigh Valley, information is based on temperatures at a name of viticultural significance. In according to the petitioner. The counties 20 inches below the soil surface and addition, the name ‘‘Lehigh’’ standing to the west of the proposed area shown on the Soil Moistures Regimes of alone will be considered a term of considered by most to be part of south- Pennsylvania Landscapes map. viticultural significance because

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consumers and vintners could Drafting Information (3) Proceed northeast along the reasonably attribute the quality, N. A. Sutton of the Regulations and northern boundary of Pine Grove, reputation, or other characteristic of Rulings Division drafted this notice. Washington, and Wayne Townships wine made from grapes grown in the and, crossing onto the Schuylkill Lehigh Valley viticultural area to the List of Subjects in 27 CFR Part 9 County (East Half) map, continue along name Lehigh itself. The text of the new Wine. the northern boundary of Wayne regulation clarifies these points. Township to the northeast corner of that The Regulatory Amendment Consequently, wine bottlers using township, then ‘‘Lehigh Valley’’ or ‘‘Lehigh’’ in a brand I For the reasons discussed in the (4) Proceed east-northeasterly in a name, including a trademark, or in preamble, we amend 27 CFR, chapter I, straight line to the confluence of Beaver another label reference as to the origin part 9, as follows: Creek and Cold Run at the northeast of the wine, must ensure that the corner of State Game Lands No. 222 in product is eligible to use the viticultural PART 9—AMERICAN VITICULTURAL Walker township; then area’s full name or ‘‘Lehigh’’ as an AREAS (5) Proceed north-northeasterly in a appellation of origin. I 1. The authority citation for part 9 straight line to the 1,402-foot elevation continues to read as follows: point on Wildcat Mountain in Walker For a wine to be labeled with a township; then viticultural area name or with a brand Authority: 27 U.S.C. 205. (6) Proceed easterly in a straight line, name that includes a viticultural area crossing onto the Carbon County map, Subpart C—Approved American name or other term specified as having and continue to Bench Mark (BM) 1032 Viticultural Areas viticultural significance in part 9 of the located on Highway 902, south of the TTB regulations, at least 85 percent of I village of Bloomingdale; then the wine must be derived from grapes 2. Amend subpart C by adding § 9.210 to read as follows: (7) Proceed east-northeasterly in a grown within the area represented by straight line to BM 555 located that name or other term, and the wine § 9.210 Lehigh Valley. immediately east of the Lehigh River in must meet the other conditions listed in (a) Name. The name of the viticultural the city of Jim Thorpe; then 27 CFR 4.25(e)(3). If the wine is not area described in this section is ‘‘Lehigh (8) Proceed east-northeasterly in a eligible to use the viticultural area name Valley’’. For purposes of part 4 of this straight line to the northern most point or other term of viticultural significance chapter, ‘‘Lehigh Valley’’ and ‘‘Lehigh’’ of Lehighton Reservoir; then as an appellation of origin and that are terms of viticultural significance. (9) Proceed east-northeasterly in a name or other term appears in the brand (b) Approved maps. The seven United straight line to the western end of the name, then the label is not in Stages Geological Survey 1:50,000 scale dam at the Penn Forest Reservoir; then compliance and the bottler must change topographic maps used to determine the (10) Proceed easterly in a straight line the brand name and obtain approval of boundary of the Lehigh Valley and, crossing onto the Monroe County a new label. Similarly, if the viticultural viticultural area are titled: map, continue to the 847-foot elevation area name or other term of viticultural (1) Berks County, Pennsylvania, 1978; point located at the intersection of significance appears in another (2) Schuylkill County (West Half), Highway 534 and an unnamed road reference on the label in a misleading Pennsylvania, 1979; locally know as Dotters Corner Road in manner, the bottler would have to (3) Schuylkill County (East Half), Polk township; then obtain approval of a new label. Pennsylvania, 1979; (11) Proceed east-northeasterly in a (4) Carbon County, Pennsylvania, straight line to the intersection of Different rules apply if a wine has a 1991; brand name containing a viticultural (5) Monroe County, Pennsylvania, Highway 115 and an unnamed area name or other term of viticultural 1980; secondary road locally known as Astolat significance that was used as a brand (6) Northampton County, Road immediately north of the village of name on a label approved before July 7, Pennsylvania, 1981; and Effort; then 1986. See 27 CFR 4.39(i)(2) for details. (7) Lehigh County, Pennsylvania, (12) Proceed east-northeasterly in a 1987. straight line to St. Johns Cemetery, Regulatory Flexibility Act (c) Boundary. The Lehigh Valley located along Appenzell Creek northwest of the village of Neola; then We certify that this regulation will not viticultural area is located in portions of Lehigh, Northampton, Berks, Schuylkill, (13) Proceed straight northeast to the have a significant economic impact on intersection of Interstate 80 and an a substantial number of small entities. Carbon, and Monroe Counties, Pennsylvania. The boundary of the unnamed road locally known as This regulation imposes no new Hamilton Turnpike at the town of reporting, recordkeeping, or other proposed Lehigh Valley viticultural area is as described below: Bartonsville; then administrative requirement. Any benefit (1) The beginning point is on the (14) Proceed east-southeast along derived from the use of a viticultural Berks County map at the intersection of Interstate 80 through Stroudsburg to the area name is the result of a proprietor’s the Berks-Lancaster County line and the west bank of the Delaware River; then efforts and consumer acceptance of single-track Conrail rail line located (15) Proceed south (downstream) wines from that area. Therefore, no near Cacoosing Creek in South along the west bank of the Delaware regulatory flexibility analysis is Heidelberg Township; River, and, crossing onto the required. (2) From the beginning point, proceed Northampton County map, continue Executive Order 12866 northwest along the Berks County line south along the west bank of the and, crossing onto the Schuylkill Delaware River to the mouth of Lehigh This rule is not a significant County (West Half) map, continue River at Easton; then regulatory action as defined by northwest along the Schuylkill-Lebanon (16) Proceed southwesterly (upstream) Executive Order 12866, 58 FR 51735. County line to the county line’s along the south bank of the Lehigh Therefore, it requires no regulatory intersection with the northern boundary River, and crossing onto the Lehigh assessment. of Pine Grove township; then County map, continue along the south

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bank of the Lehigh River to the mouth their wines and to allow consumers to growing region as a viticultural area. of Jordan Creek in Allentown; then better identify wines they may Petitioners may use the same procedure (17) Proceed westerly (upstream) purchase. to request changes involving existing along Jordan Creek to the first railroad DATES: Effective Date: April 10, 2008. viticultural areas. Section 9.3(b) of the bridge over the creek, and then, TTB regulations requires the petition to FOR FURTHER INFORMATION CONTACT: N.A. following the Conrail rail line on that include— Sutton, Regulations and Rulings • bridge, proceed southerly along the Division, Alcohol and Tobacco Tax and Evidence that the proposed Conrail rail line (paralleling Trout Creek Trade Bureau, 925 Lakeville St., No. viticultural area is locally and/or at first) through Emmaus, Macungie, 158, Petaluma, CA 94952; telephone nationally known by the name specified and Alburtis, and continue along the 415–271–1254. in the petition; rail line to the Lehigh-Berks County • Historical or current evidence that SUPPLEMENTARY INFORMATION: line; then supports setting the boundary of the (18) Crossing onto the Berks County Background on Viticultural Areas proposed viticultural area as the map, continue southerly along the petition specifies; TTB Authority Conrail rail line through Mertztown, • Evidence relating to the Topton, Lyons, Fleetwood, Blandon, Section 105(e) of the Federal Alcohol geographical features, such as climate, and Muhlenburg to the Conrail rail Administration Act (FAA Act), 27 elevation, physical features, and soils, bridge across the Schuylkill River in U.S.C. 205(e), authorizes the Secretary that distinguish the proposed Reading; then of the Treasury to prescribe regulations viticultural area from surrounding areas; (19) Following the Conrail rail line on for the labeling of wine, distilled spirits, • A description of the specific the Schuylkill River bridge, proceed and malt beverages. The FAA Act boundary of the proposed viticultural southerly along the rail line through provides that these regulations should, area, based on features found on United Wyomissing to the rail line’s junction among other things, prohibit consumer States Geological Survey (USGS) maps; with a single-track Conrail rail line in deception and the use of misleading and Sinking Springs; then statements on labels, and ensure that • A copy of the appropriate USGS (20) From the Conrail rail line labels provide the consumer with map(s) with the proposed viticultural junction in Sinking Springs, follow the adequate information as to the identity area’s boundary prominently marked. single track Conrail rail line through and quality of the product. The Alcohol and Tobacco Tax and Trade Bureau Alexander Valley Viticultural Area Montello, Fritztown, and Vinemont, and Expansion Petition return to the beginning point. (TTB) administers the regulations promulgated under the FAA Act. Background Signed: April 4, 2007. Part 4 of the TTB regulations (27 CFR John J. Manfreda, part 4) allows the establishment of Patrick Shabram of Shabram, Inc., Administrator. definitive viticultural areas and the use with the support of vineyard owner Approved: November 16, 2007. of their names as appellations of origin Anthony Martorana, proposes a 1,300- acre expansion of the Alexander Valley Timothy E. Skud, on wine labels and in wine advertisements. Part 9 of the TTB viticultural area (27 CFR 9.53) along the Deputy Assistant Secretary, (Tax, Trade, and current diagonal northwestern boundary Tariff Policy). regulations (27 CFR part 9) contains the list of approved viticultural areas. line. The expansion would result in a Editorial Note: This document was viticultural area of 67,710 acres. received at the Office of the Federal Register Definition The proposed expansion area starts 1 on March 6, 2008. Section 4.25(e)(1)(i) of the TTB mile south-southwest of Cloverdale and [FR Doc. E8–4786 Filed 3–10–08; 8:45 am] regulations (27 CFR 4.25(e)(1)(i)) defines continues south for another 2 miles, BILLING CODE 4810–31–P a viticultural area for American wine as according to the USGS Cloverdale a delimited grape-growing region Quadrangle map and written boundary distinguishable by geographical description submitted by the petitioner. DEPARTMENT OF THE TREASURY features, the boundaries of which have The shape of the proposed expansion been recognized and defined in part 9 area resembles a triangle with one side Alcohol and Tobacco Tax and Trade running along the Alexander Valley Bureau of the regulations. These designations allow vintners and consumers to viticultural area’s existing diagonal northwestern boundary line. 27 CFR Part 9 attribute a given quality, reputation, or other characteristic of a wine made from According to the petitioner, Seven [T.D. TTB–65; Re: Notice No. 61] grapes grown in an area to its Arches Vineyards straddles that geographical origin. The establishment diagonal northwestern boundary line, RIN 1513–AB23 of viticultural areas allows vintners to with about 10 acres outside of the Expansion of the Alexander Valley describe more accurately the origin of existing Alexander Valley viticultural Viticultural Area (2005R–501P) their wines to consumers and helps area. The proposed expansion area, the consumers to identify wines they may petitioner continues, would incorporate AGENCY: Alcohol and Tobacco Tax and purchase. Establishment of a viticultural into the Alexander Valley viticultural Trade Bureau, Treasury. area is neither an approval nor an area all of Seven Arches Vineyards and ACTION: Final rule; Treasury decision. endorsement by TTB of the wine the entire 20 acres of Icaria Vineyards, produced in that area. both of which are located along Hiatt SUMMARY: This Treasury decision Road and Icaria Creek. Another expands the Alexander Valley Requirements vineyard, Jeke Vineyards, lies viticultural area in Sonoma County, Section 4.25(e)(2) of the TTB immediately inside the existing California, by 1,300 acres along its regulations outlines the procedure for boundary line, according to a petition northwestern boundary line. We proposing an American viticultural area map outlining the vineyards of the area. designate viticultural areas to allow and provides that any interested party The table below explains the vintners to better describe the origin of may petition TTB to establish a grape- relationship of these three vineyards to

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