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receive on this proposal on the TTB United States Geological Survey foot elevation point, section 13, T5N/ Web site. We may omit voluminous 1:24,000 scale topographic maps. They R4W, Mt. George Quadrangle; then attachments or material that we are titled: (12) Proceed west for 2.1 miles along consider unsuitable for posting. In all (1) Mt. George Quadrangle, California, Imola Avenue, crossing onto the Napa cases, the full comment will be available 1951, Photoinspected 1973; and map, to its intersection with the Napa in the TTB Information Resource Center. (2) Napa Quadrangle, California-Napa River at the Maxwell Bridge, T5N/R4W, To access the online copy of this notice Co., 1951, Photorevised 1980. Napa Quadrangle; and the submitted comments, visit (c) Boundary. The Tulocay (13) Proceed northerly (upstream) for http://www.ttb.gov/regulations_laws/ viticultural area is located in Napa 3.2 miles along the Napa River to its all_rulemaking.shtml. Select the ‘‘View County, California. The boundary of the intersection with Milliken Creek, T6N/ Comments’’ link under this notice Tulocay viticultural area is as described R4W, Napa Quadrangle; then number to view the posted comments. below: (14) Continue northerly (upstream) for 0.75 mile along Milliken Creek to its Regulatory Flexibility Act (1) The beginning point is on the Mt. George map at the 1,877-foot peak of Mt intersection with Monticello Road, T6N/ We certify that this proposed George, section 29, T6N/R3W; R4W, Napa Quadrangle; then regulation, if adopted, would not have (2) From the beginning point, proceed (15) Proceed northeasterly for 2.4 a significant economic impact on a 0.4 mile straight southeast to the miles along Monticello Road, crossing substantial number of small entities. intersection of the 1,400-foot elevation onto the Mt. George map, to its The proposed regulation imposes no line and an unnamed intermittent creek, intersection with the section 19 west new reporting, recordkeeping, or other feeding northeast into Leonia Lakes, boundary line, T6N/R3W; and administrative requirement. Any benefit section 29, T6N/R3W; then (16) Proceed east-southeasterly in a derived from the use of a viticultural (3) Proceed 0.45 mile straight east- straight line for 1.4 miles and return to area name would be the result of a southeast to the intersection of the the beginning point at the 1,877-foot proprietor’s efforts and consumer 1,380-foot elevation line and an peak of Mt. George. acceptance of wines from that area. unnamed, unimproved dirt road and Signed: October 13, 2006. Therefore, no regulatory flexibility then continue in the same straight line analysis is required. John J. Manfreda, of direction to the section 29 east Administrator. boundary line, T6N/R3W, Mt. George Executive Order 12866 [FR Doc. E6–18891 Filed 11–7–06; 8:45 am] Quadrangle; then This proposed rule is not a significant (4) Proceed 0.6 mile straight south- BILLING CODE 4810–31–P regulatory action as defined by southeast to the unnamed 1,804-foot Executive Order 12866, 58 FR 51735. elevation point in the northwest DEPARTMENT OF THE TREASURY Therefore, it requires no regulatory quadrant of section 33, T6N/R3W, Mt. assessment. George Quadrangle; then Alcohol and Tobacco Tax and Trade Drafting Information (5) Proceed southerly in a straight line Bureau for 0.95 mile to the corner of the Napa- N.A. Sutton of the Regulations and Solano County line at the 1,731-foot Rulings Division drafted this notice. 27 CFR Part 9 elevation point on the T6N/T5N List of Subjects in 27 CFR Part 9 boundary line, R3W, Mt. George [Notice No. 67] Wine. Quadrangle; then RIN 1513–AB19 (6) Proceed southerly for 0.3 mile Proposed Regulatory Amendment along the Napa-Solano County line to its Proposed Establishment of the Lehigh For the reasons discussed in the intersection with a 1,600-foot pinnacle Valley Viticultural Area (2005R–415P) preamble, we propose to amend title 27, that straddles the county line, section 4, AGENCY: Alcohol and Tobacco Tax and chapter 1, part 9, Code of Federal T5N/R3W, Mt. George Quadrangle; then Trade Bureau, Treasury. Regulations, as follows: (7) Proceed southerly in a straight line for 0.9 mile to the 1,480-foot elevation ACTION: Notice of proposed rulemaking. PART 9—AMERICAN VITICULTURAL point along the section 9 north AREAS boundary line, T5N/R3W, Mt. George SUMMARY: The Alcohol and Tobacco Tax Quadrangle; then and Trade Bureau proposes to establish 1. The authority citation for part 9 (8) Continue southerly in a straight the 1,888 square mile Lehigh Valley continues to read as follows: line for 1.3 miles to the 1,351-foot viticultural area in southeastern Authority: 27 U.S.C. 205. elevation point, section 16, T5N/R3W, Pennsylvania in portions of Lehigh, Mt. George Quadrangle; then Northampton, Berks, Schuylkill, Subpart C—Approved American (9) Proceed 0.85 mile straight Carbon, and Monroe Counties. We Viticultural Areas southwest to the corner of the Napa- designate viticultural areas to allow Solano County line immediately inside vintners to better describe the origin of 2. Amend subpart C by adding their wines and to allow consumers to § 9.______to read as follows: of the section 17 south boundary line, T5N/R3W, Mt. George Quadrangle; then better identify wines they may § 9.llllll Tulocay. (10) Proceed southwesterly for 0.7 purchase. We invite comments on this (a) Name. The name of the viticultural mile along the Napa-Solano County line proposed addition to our regulations. area described in this section is to its intersection with the 1,686-foot DATES: We must receive written ‘‘Tulocay’’. For purposes of part 4 of this elevation peak, east of Sugarloaf, section comments on or before January 8, 2007. chapter, ‘‘Tulocay’’ is a term of 20, T5N/R3W, Mt. George Quadrangle; ADDRESSES: You may send comments to viticultural significance. then any of the following addresses: (b) Approved maps. The appropriate (11) Proceed northwesterly in a • Director, Regulations and Rulings maps for determining the boundary of straight line for 2.1 miles to the 90- Division, Alcohol and Tobacco Tax and the Tulocay viticultural area are two degree turn of Imola Avenue at the 136- Trade Bureau, Attn: Notice No. 67, P.O.

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Box 14412, Washington, DC 20044– the boundaries of which have been rolling hills and a similar agricultural 4412. recognized and defined in part 9 of the climate throughout. • 202–927–8525 (facsimile). regulations. These designations allow The evidence submitted with the • [email protected] (e-mail). vintners and consumers to attribute a petition is summarized below. • http://www.ttb.gov/wine/ given quality, reputation, or other Name Evidence wine_rulemaking.shtml. An online characteristic of a wine made from comment form is posted with this notice grapes grown in an area to its The petitioner explains that Lehigh on our Web site. geographic origin. The establishment of Valley derives its name from the Lehigh • http://www.regulations.gov (Federal viticultural areas allows vintners to River, which flows through the e-rulemaking portal; follow instructions describe more accurately the origin of proposed viticultural area and into the for submitting comments). their wines to consumers and helps Delaware River at Easton, Pennsylvania. You may view copies of this notice, consumers to identify wines they may The petitioner states that the word the petition, the appropriate maps, and purchase. Establishment of a viticultural ‘‘Lehigh’’ originated with the Delaware any comments we receive about this area is neither an approval nor an Indians in the 1600s, who named the proposal by appointment at the TTB endorsement by TTB of the wine area ‘‘Lechauwekink,’’ meaning an area Information Resource Center, 1310 G produced in that area. with river forks. The petitioner notes Street, NW., Washington, DC 20220. To that through a series of translations of make an appointment, call 202–927– Requirements the original Indian name, the name 2400. You may also access copies of the Section 4.25(e)(2) of the TTB ‘‘Lehigh’’ now identifies the area. The notice and comments online at http:// regulations outlines the procedure for petitioner also notes that the ‘‘Lehigh www.ttb.gov/wine/ proposing an American viticultural area Valley’’ name applies to a much larger wine_rulemaking.shtml. and provides that any interested party area than the immediate region See the Public Participation section of may petition TTB to establish a grape- bordering the Lehigh River and is, in this notice for specific instructions and growing region as a viticultural area. fact, associated with the entire proposed requirements for submitting comments, Section 9.3(b) of the TTB regulations viticultural area. and for information on how to request requires the petition to include— The petitioner provides evidence for a public hearing. • Evidence that the proposed the use of the Lehigh or Lehigh Valley name throughout the proposed FOR FURTHER INFORMATION CONTACT: N. viticultural area is locally and/or viticultural area by cities, schools, the A. Sutton, Regulations and Rulings nationally known by the name specified National Highway System, and Division, Alcohol and Tobacco Tax and in the petition; businesses. For example, Lehigh Street Trade Bureau, 925 Lakeville St., No. • Historical or current evidence that is a major thoroughfare in the city of 158, Petaluma, CA 94952; phone 415– supports setting the boundary of the Allentown, Lehigh University is located 271–1254. proposed viticultural area as the on the outskirts of Bethlehem, and the SUPPLEMENTARY INFORMATION: petition specifies; • Evidence relating to the geographic Lehigh Tunnel was constructed on the Background on Viticultural Areas features, such as climate, soils, Northeast Extension of the Pennsylvania elevation, and physical features that Turnpike, just north of the Lehigh TTB Authority distinguish the proposed viticultural County line. Also, two pages of the Section 105(e) of the Federal Alcohol area from surrounding areas; Lehigh Valley telephone book include Administration Act (FAA Act), 27 • A description of the specific nine columns of businesses located U.S.C. 205(e), authorizes the Secretary boundary of the proposed viticultural within the proposed viticultural area the of the Treasury to prescribe regulations area, based on features found on United use ‘‘Lehigh Valley’’ as part of the for the labeling of wine, distilled spirits, States Geological Survey (USGS) maps; company name. The petition also and malt beverages. The FAA Act and includes brochures for inns, golf provides that these regulations should, • A copy of the appropriate USGS courses, covered bridges, a chamber among other things, prohibit consumer map(s) with the proposed viticultural orchestra, and a wine trail that use the deception and the use of misleading area’s boundary prominently marked. Lehigh Valley name. statements on labels, and ensure that The January 11, 2005, edition of the Lehigh Valley Petition labels provide the consumer with Bethlehem, Pennsylvania, Express- adequate information as to the identity John Skrip III, chairman of the Lehigh Times newspaper claims on its front and quality of the product. The Alcohol Wine Trail Appellation Committee page that it is ‘‘The Lehigh Valley’s and Tobacco Tax and Trade Bureau submitted a petition to TTB proposing fastest growing newspaper.’’ An article (TTB) administers the regulations the establishment of the 1,888 square in the business section of the March 31, promulgated under the FAA Act. mile ‘‘Lehigh Valley’’ viticultural area in 2002, edition of the Allentown Morning Part 4 of the TTB regulations (27 CFR southeastern Pennsylvania. The Call newspaper discusses the economic part 4) allows the establishment of proposed area is located approximately development of the Lehigh Valley area. definitive viticultural areas and the use 45 miles north-northwest of The article notes that six community of their names as appellations of origin Philadelphia and includes portions of organizations incorporated ‘‘Lehigh on wine labels and in wine Lehigh, Northampton, Berks, Schuylkill, Valley’’ in their names between 1984 advertisements. Part 9 of the TTB Carbon, and Monroe Counties. TTB and 2002, including the Lehigh Valley regulations (27 CFR part 9) contains the notes that the proposed Lehigh Valley Convention and Visitors Bureau, list of approved viticultural areas. viticultural area does not overlap any American Red Cross of the Greater other viticultural area. As of 2005, the Lehigh Valley, United Way of Greater Definition proposed viticultural area included 9 Lehigh Valley, and the Lehigh Valley Section 4.25(e)(1)(i) of the TTB wineries and 13 vineyards with 220 Chamber of Commerce. regulations (27 CFR 4.25(e)(1)(i)) defines acres devoted to viticulture, according In addition, the petitioner provides a viticultural area for American wine as to the petitioner. The petitioner notes copies of two regional magazines, a delimited grape-growing region that the distinguishing features of the ‘‘Lehigh Valley Style,’’ dated March/ distinguishable by geographic features, proposed viticultural area include its April 2003, and ‘‘Lehigh Valley,’’ dated

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July/August 2004. The ‘‘Lehigh Valley’’ rectangle. The petitioner states that the contrast with the regions to the north magazine includes a full page proposed boundary is 92 miles along its and south of the proposed viticultural advertisement for the Lehigh Valley northern side, 24 miles along its eastern area, according to the petitioner. To Hospital in Allentown, Pennsylvania. side, 56 miles along its southern side, document these differences, the Other petitioner evidence includes a toll and 28 miles along its western side. petitioner uses data collected from 1961 receipt for the Lehigh Valley exit of the Along the proposed viticultural area’s to 1996 by the United States Department Pennsylvania Turnpike extension northern boundary, a long Appalachian of Agriculture (USDA) and its Natural (Interstate 476) and a copy of the home ridge, including Second Mountain and Resources Conservation Service (NRCS). page from the Lehigh Valley Wildcat Mountain in Schuylkill County, In addition, the petitioner submitted International Airport Web site. A U.S. Mauch Chunk Ridge, Bear Mountain, maps of Pennsylvania with information post office and mail distribution center and Call Mountain in Carbon County, on soil moisture, soil temperature, frost- located off Route 22 between Allentown and a series of lower hills in Monroe free periods, and agro-climatic regions. and Bethlehem is referred to as the County, separates the proposed area Climate Lehigh Valley Post Office, according to from the cooler mountains of the petitioner. northeastern Pennsylvania. To the east, The agricultural-climatic features of between Stroudsburg and Easton, the the proposed Lehigh Valley viticultural Boundary Evidence Delaware River separates Pennsylvania area include heat accumulation The proposed Lehigh Valley from New Jersey and marks the eastern measurements of 2,601 to 3,000 annual viticultural area encompasses the limit of the proposed Lehigh Valley degree days and an annual moisture Lehigh River valley from the town of viticultural area. The petitioner notes surplus of 351 to 450 millimeters of Jim Thorpe to the river’s mouth at that the region of northwestern New water, as shown on the Agro-Climate Easton, as well as the regions to the Jersey bordering the proposed area is Regions of Pennsylvania map submitted northeast and southwest of the not considered part of the Lehigh Valley with the petition. (As a measurement of immediate river valley. In addition to region. To the southeast, another long heat accumulation during the growing the Lehigh River valley, the proposed Appalachian mountain ridge, South season, one degree day accumulates for viticultural area includes portions of the Mountain separates the proposed each degree Fahrenheit that a day’s Schuylkill River valley in the southwest viticultural area from the immediate average temperature is above 50 degrees, and the Brodhead River valley in the Philadelphia region. which is the minimum temperature northeast. The proposed area also To the west, the southwestern Berks required for grapevine growth. See includes all or portions of the cities of County and Schuylkill County lines ‘‘General Viticulture,’’ by Albert J. Stroudsburg, Easton, Bethlehem, separate the Lehigh Valley region from Winkler, University of California Press, Allentown, and Reading, Pennsylvania. the counties of south-central 1974.) Commercial grape growing started in Pennsylvania, which is considered a The USGS and the NRCS integrates the proposed Lehigh Valley viticultural separate geographical region of the State degree-days and annual moisture area in 1974, the petitioner explains, according to the petitioner. surplus data to identify regions of when Vynecrest Winery and Clover Hill relatively homogeneous heat and Winery started planting grapes. Two Distinguishing Features moisture characteristics related to crop years later, Franklin Hill Winery The distinguishing features of the production. This information is shown planted grapes near Bangor in proposed Lehigh Valley viticultural on the Agro-Climate Regions of Northampton County. area, according to the petitioner, include Pennsylvania map submitted with the In shape, the proposed viticultural its rolling hills and a similar agricultural petition and is summarized in the table area is a southwest to northeast oriented climate throughout. These features 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 Lehigh Valley Philadelphia Scranton Air- Airport (within International Fahrenheit temperatures port (25 miles the proposed Airport (45 north of Le- viticultural miles south of high Valley) 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°

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LEHIGH VALLEY AREA CLIMATIC TEMPERATURE DATA AVERAGES 1975–2004—Continued

Wilkes-Barre Lehigh Valley Philadelphia Scranton Air- Airport (within International Fahrenheit temperatures port (25 miles the proposed Airport (45 north of Le- viticultural miles south of high Valley) area) Lehigh Valley)

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 soils, create a longer grape-growing Soils viticultural area’s warmer growing season and mature grapes with lower season ranges from 161 to 180 acidities and different flavors than those The petitioner states that the soils within the proposed Lehigh Valley consecutive frost-free days, with the of the proposed Lehigh Valley viticultural area are mainly based on proposed area’s southern portion having viticultural area. shale, sandstone, and siltstone. A 1972 fewer days with frost than its northern Areas to the east and west of the portion, according to the Frost-Free Soil Conservation Service publication, proposed Lehigh Valley viticultural area Period of Pennsylvania Landscapes map General Soil Map—Pennsylvania, are, for geopolitical and social reasons, submitted with the petition. A frost-free verifies that the area contains shale, considered to be outside of the Lehigh period, based on 32 degrees Fahrenheit sandstone, and siltstone. Soils to the or above, the petitioner explains, Valley. Across the Delaware River to the south of the proposed area, according to represents the consecutive days from east of the proposed viticultural area is the petitioner, are based on schist, the final killing frost in the spring to the the State of New Jersey. The petitioner gneiss, and porcelanite, rather than first killing frost in the fall. This 161- to states that the residents of this New shale, limestone, and sandstone. 180-day timeframe defines the length of Jersey region do not consider According to data submitted by the the regional growing season for most themselves to be a part of the Lehigh petitioner, a lack of soil moisture during agronomic crops. Valley region of Pennsylvania. The the growing season puts the proposed The region north of the proposed region to the west of the proposed Lehigh Valley viticultural area in the viticultural area, the petitioner states, is viticultural area also is not considered Typic Udic moisture regime (less than cooler during the growing season, with to be part of the Lehigh Valley, 90 days of drying), as determined by 1,801 to 2,600 degree days of heat according to the petitioner. The counties USGS and NRCS data and shown on the accumulation. The region to the north to the west of the proposed area Soil Moistures Regimes of Pennsylvania also is wetter, with an annual moisture considered by most to be part of south- Landscapes map. The petitioner surplus of 451 to 550 millimeters of central Pennsylvania, which is often explains that the region typically has a water. The higher elevations to the called ‘‘Pennsylvania Dutch Country.’’ June through August dry season when north of the Lehigh Valley region create the grape vines rely on stored moisture Topography a climate with cooler temperatures and rather than rain. more soil moisture retention. As The topography of the proposed The estimated annual mean soil evidence, the petitioner submitted the Lehigh Valley viticultural area largely temperature of the proposed viticultural Agro-Climate Regions of Pennsylvania consists of rolling hills with elevations area is Typic Mesic, ranging from 10.5 map, which shows a distinctively cooler generally between 500 feet and 1000 degrees Centigrade, or 50.9 degrees and wetter climate north of the feet, according to the petitioner and the Fahrenheit, to 12.0 degrees Centigrade, proposed Lehigh Valley viticultural USGS maps provided. Creeks and or 54 degrees Fahrenheit. This area. Also, the meteorological data several rivers meander through the information is based on temperatures at collected during the years 1975 to 2004 region, while lakes dot the landscape, as 20 inches below the soil surface and from the Wilkes-Barre Scranton shown on the USGS maps of the region. shown on the Soil Moistures Regimes of Pennsylvania Landscapes map. International Airport, located 25 miles Also, a small portion of the proposed north of the proposed viticultural area, northeastern boundary area, along the Geology shows consistently lower temperatures foothills of the Blue Mountain range, than are found in the proposed rises to the 1,600-foot contour line. The The geology of the proposed Lehigh viticultural area, with twice as many Appalachian National Scenic Trail Valley viticultural area, as depicted on days dipping below 5 degrees meanders through the proposed area’s the Geologic Map of Pennsylvania, Fahrenheit annually. Commonwealth of Pennsylvania, higher elevations, as shown on the The petitioner describes the area to Conservation and Natural Resources, USGS maps. the south of the proposed viticultural Bureau of Topographic and Geologic area as marginally, yet consistently, Beyond the northern boundary of the Survey, revised in 2000, includes warmer. Meteorological information proposed viticultural area, the terrain Ordovician features in the south and included in the petition from the transitions from the lower, rolling hills Permian features in the north. The Philadelphia International Airport, 45 of the Lehigh Valley to higher foothills Ordovician geology, predominantly miles south of the Lehigh Valley, and mountains with elevations ranging shale, limestone, dolomite, and confirms that temperatures to the south from 1,000 feet to 1,900 feet. While the sandstone, dates back 430 million to 500 of the proposed area are warmer by an region southeast of the proposed million years. The Permian geology, average of 4 degrees Fahrenheit. The viticultural area begins on the heights of dating back 250 million to 290 million petitioner also explains that to the south South Mountain, the region quickly falls years, consists of coal, in addition to the of the proposed area the warmer to the lower and flatter elevations of the sandstone, shale, and limestone that is temperatures, combined with different Delaware River valley. similar to that found in the Ordovician

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geology to the south of the proposed would have to obtain approval of a new originals. You may submit comments in viticultural area. label. Accordingly, if a new label or a one of five ways: previously approved label uses the • Mail: You may send written Boundary Description name ‘‘Lehigh Valley’’ or ‘‘Lehigh’’ for comments to TTB at the address listed See the narrative boundary a wine that does not meet the 85 percent in the ADDRESSES section. description of the petitioned-for standard, the new label will not be • Facsimile: You may submit viticultural area in the proposed approved, and the previously approved comments by facsimile transmission to regulatory text published at the end of label will be subject to revocation, upon 202–927–8525. Faxed comments must— this notice. the effective date of the approval of the (1) Be on 8.5- by 11-inch paper; Maps Lehigh Valley viticultural area. (2) Contain a legible, written Different rules apply if a wine has a signature; and The petitioner provided the required brand name containing a viticultural (3) Be no more than five pages long. maps, and we list them below in the area name or other viticulturally This limitation assures electronic access proposed regulatory text. significant term that was used as a to our equipment. We will not accept Impact on Current Wine Labels brand name on a label approved before faxed comments that exceed five pages. • E-mail: You may e-mail comments Part 4 of the TTB regulations prohibits July 7, 1986. See 27 CFR 4.39(i)(2) for details. to [email protected]. Comments transmitted any label reference on a wine that by electronic mail must— indicates or implies an origin other than Public Participation (1) Contain your e-mail address; the wine’s true place of origin. If we Comments Invited (2) Reference this notice number on establish this proposed viticultural area, the subject line; and its name, ‘‘Lehigh Valley,’’ will be We invite comments from interested (3) Be legible when printed on 8.5- by recognized as a name of viticultural members of the public on whether we 11-inch paper. significance. Also, based on the should establish the proposed • Online form: We provide a evidence available to us, we find that viticultural area. We also are interested comment form with the online copy of ‘‘Lehigh’’ alone is locally and/or in receiving comments on the this notice on our Web site at http:// nationally known as referring to the area sufficiency and accuracy of the name, www.ttb.gov/wine/ in the State of Pennsylvania climatic, boundary, and other required wine_rulemaking.shtml. Select the encompassed by the proposed Lehigh information submitted in support of the ‘‘Send comments via e-mail’’ link under Valley viticultural area. (See 27 CFR petition. Please provide any available this notice number. 4.39(i)(3), which provides that a name specific information in support of your • Federal e-rulemaking portal: To has viticultural significance when comments. submit comments to us via the Federal determined by a TTB officer.) In addition, we are interested in e-rulemaking portal, visit http:// Therefore, the proposed part 9 receiving comments on the proposal to www.regulations.gov and follow the regulatory text set forth in this identify ‘‘Lehigh’’ standing alone as a instructions for submitting comments. document specifies both ‘‘Lehigh term of viticultural significance. You may also write to the Valley’’ and ‘‘Lehigh’’ as terms of Because of the potential impact on Administrator before the comment viticultural significance for purposes of approved wine labels from the proposed closing date to ask for a public hearing. part 4 of the TTB regulations. If this establishment of the Lehigh Valley The Administrator reserves the right to proposed text is adopted as a final rule, viticultural area and the determination determine whether to hold a public wine bottlers using ‘‘Lehigh Valley’’ or that ‘‘Lehigh’’ standing alone is hearing. ‘‘Lehigh’’ in a brand name, including a viticulturally significant, as discussed trademark, or in another label reference above under Impact on Current Wine Confidentiality as to the origin of the wine, will have Labels, we are particularly interested in All submitted material is part of the to ensure that the product is eligible to comments regarding potential conflicts public record and subject to disclosure. claim the proposed Lehigh Valley between ‘‘Lehigh Valley’’ or ‘‘Lehigh’’ Do not enclose any material in your viticultural area as an appellation of and existing brand names. If a comments that you consider origin. commenter believes that a conflict will confidential or inappropriate for public For a wine to be eligible to use as an arise, the comment should describe the disclosure. appellation of origin a viticultural area nature of that conflict, including any name or other term specified as being anticipated negative economic impact Public Disclosure viticulturally significant in part 9 of the that approval of the proposed You may view copies of this notice, TTB regulations, at least 85 percent of viticultural area will have on an existing the petition, the appropriate maps, and the wine must be derived from grapes viticultural enterprise. We also invite any comments we receive by grown within the area represented by suggestions for ways to avoid any appointment at the TTB Information that name or other term, and the wine conflicts, for example by adopting a Resource Center at 1310 G Street, NW., must meet the other conditions listed in modified or different name for the Washington, DC 20220. You may also 27 CFR 4.25(e)(3). If the wine is not viticultural area. obtain copies at 20 cents per 8.5- x 11- eligible to use as an appellation of origin inch page. Contact the TTB information a viticultural area name or other Submitting Comments specialist at the above address or by viticulturally significant term that Please submit your comments by the telephone at 202–927–2400 to schedule appears in the brand name, then the closing date shown above in this notice. an appointment or to request copies of label is not in compliance and the Your comments must include this comments. bottler must change the brand name and notice number and your name and We will post this notice and any obtain approval of a new label. mailing address. Your comments must comments we receive on this proposal Similarly, if the viticultural area name be legible and written in language on the TTB Web site. All name and or other viticulturally significant term acceptable for public disclosure. We do address information submitted with appears in another reference on the not acknowledge receipt of comments, comments will be posted, including e- label in a misleading manner, the bottler and we consider all comments as mail addresses. We may omit

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voluminous attachments or material that (1) Berks County, Pennsylvania, 1978; Highway 534 and an unnamed road we consider unsuitable for posting. In (2) Schuylkill County (West Half), locally known as Dotters Corner Road in all cases, the full comment will be Pennsylvania, 1979; Polk township; then available in the TTB Information (3) Schuylkill County (East Half), (11) Proceed east-northeasterly in a Resource Center. To access the online Pennsylvania, 1979; straight line to the intersection of copy of this notice and the submitted (4) Carbon County, Pennsylvania, Highway 115 and an unnamed comments, visit http://www.ttb.gov/ 1991; secondary road locally known as Astolat wine/wine_rulemaking.shtml. Select the (5) Monroe County, Pennsylvania, Road immediately north of the village of ‘‘View Comments’’ link under this 1980; Effort; then notice number to view the posted (6) Northampton County, (12) Proceed east-northeasterly in a comments. Pennsylvania, 1981; and straight line to St. Johns Cemetery, (7) Lehigh County, Pennsylvania, Regulatory Flexibility Act located along Appenzell Creek 1987. northwest of the village of Neola; then (c) Boundary. The Lehigh Valley We certify that this proposed (13) Proceed straight northeast to the viticultural area is located in portions of regulation, if adopted, would not have intersection of Interstate 80 and an Lehigh, Northampton, Berks, Schuylkill, a significant economic impact on a unnamed road locally known as Carbon, and Monroe Counties, substantial number of small entities. Hamilton Turnpike at the town of Pennsylvania. The boundary of the The proposed regulation imposes no Bartonsville; then proposed Lehigh Valley viticultural area new reporting, recordkeeping, or other (14) Proceed east-southeast along administrative requirement. Any benefit is as described below: (1) The beginning point is on the Interstate 80 through Stroudsburg to the derived from the use of a viticultural west bank of the Delaware River; then area name would be the result of a Berks County map at the intersection of the Berks-Lancaster County line and the (15) Proceed south (downstream) proprietor’s efforts and consumer along the west bank of the Delaware acceptance of wines from that area. single-track Conrail rail line located near Cacoosing Creek in South River, and, crossing onto the Therefore, no regulatory flexibility Northampton map, continue south along analysis is required. Heidelberg Township; (2) From the beginning point, proceed the west bank of the Delaware River to Executive Order 12866 northwest along the Berks County line the mouth of Lehigh River at Easton; then This proposed rule is not a significant and, crossing onto the Schuylkill (16) Proceed southwesterly (upstream) regulatory action as defined by County (West Half) map, continue along the south bank of the Lehigh Executive Order 12866, 58 FR 51735. northwest along the Schuylkill-Lebanon River, and crossing onto the Lehigh Therefore, it requires no regulatory County line to the county line’s County map, continue along the south assessment. intersection with the northern boundary of Pine Grove township; then bank of the Lehigh River to the mouth Drafting Information (3) Proceed northeast along the of Jordan Creek in Allentown; then N.A. Sutton of the Regulations and northern boundary of Pine Grove, (17) Proceed westerly (upstream) Rulings Division drafted this notice. Washington, and Wayne townships and, along Jordan Creek to the first railroad crossing onto the Schuylkill County bridge over the creek, and then, List of Subjects in 27 CFR Part 9 (East Half) map, continue along the following the Conrail rail line on that Wine. township boundary to the northeast bridge, proceed southerly along the corner of Wayne township, then Conrail rail line (paralleling Trout Creek Proposed Regulatory Amendment (4) Proceed east-northeasterly in a at first) through Emmaus, Macungie, For the reasons discussed in the straight line to the confluence of Beaver and Alburtis, and continue along the preamble, we propose to amend 27 CFR, Creek and Cold Run at the northeast rail line to the Lehigh-Berks County chapter 1, part 9, as follows: corner of State Game Lands No. 222 in line; then Walker township; then (18) Crossing onto the Berks County PART 9—AMERICAN VITICULTURAL (5) Proceed north-northeasterly in a map, continue southerly along the AREAS straight line to the 1,402-foot elevation Conrail rail line through Mertztown, point on Wildcat Mountain in Walker Topton, Lyons, Fleetwood, Blandon, 1. The authority citation for part 9 township; then and Muhlenburg to the Conrail rail continues to read as follows: (6) Proceed easterly in a straight line, bridge across the Schuylkill river in Authority: 27 U.S.C. 205. crossing onto the Carbon County map, Reading; then 2. Subpart C is amended by adding and continue to Bench Mark (BM) 1032 (19) Following the Conrail rail line on § 9.llllll to read as follows: located on Highway 902, south of the the Schuylkill River bridge, proceed village of Bloomingdale; then southerly along the rail line through Subpart C—Approved American (7) Proceed east-northeasterly in a Wyomissing to the rail line’s junction Viticultural Areas straight line to BM 555 located with a single-track Conrail rail line in immediately east of the Lehigh River in Sinking Springs; then § 9.llllll Lehigh Valley. the city of Jim Thorpe; then (20) From the Conrail rail line (a) Name. The name of the viticultural (8) Proceed east-northeasterly in a junction in Sinking Springs, follow the area described in this section is ‘‘Lehigh straight line to the northern most point single track Conrail rail line through Valley’’. For purposes of part 4 of this of Lehighton Reservoir; then Montello, Fritztown, and Vinemont, and chapter, ‘‘Lehigh Valley’’ and ‘‘Lehigh’’ (9) Proceed east-northeasterly in a return to the beginning point. are terms of viticultural significance. straight line to the western end of the (b) Approved maps. The seven United dam at the Penn Forest Reservoir; then Signed: October 5, 2006. Stages Geological Survey 1:50,000 scale (10) Proceed easterly in a straight line John J. Manfreda, topographic maps used to determine the and, crossing onto the Monroe County Administrator. boundary of the Lehigh Valley map, continue to the 847-foot elevation [FR Doc. E6–18895 Filed 11–7–06; 8:45 am] viticultural area are titled: point located at the intersection of BILLING CODE 4810–31–P

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