Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Rules and Regulations 6165

all provisions in §§ 1.181–1T through SUMMARY: This Treasury decision purchase. Establishment of a viticultural 1.181–5T to the productions. establishes the Outer Coastal Plain area is neither an approval nor an (c) Special rules for returns filed for viticultural area in southeastern New endorsement by TTB of the wine prior taxable years. If before March 12, Jersey. The viticultural area consists of produced in that area. 2007, an owner of a film or television approximately 2,255,400 acres and Requirements production began principal photography includes all of Cumberland, Cape May, (or ‘‘in-between’’ animation) for the Atlantic, and Ocean Counties and Section 4.25(e)(2) of the TTB production after October 22, 2004, and portions of Salem, Gloucester, Camden, regulations outlines the procedure for filed its original Federal income tax Burlington, and Monmouth Counties. proposing an American viticultural area return for the year such costs were first We designate viticultural areas to allow and provides that any interested party paid or incurred without making an bottlers to better describe the origin of may petition TTB to establish a grape- election under section 181 for the costs their wines and to allow consumers to growing region as a viticultural area. of the production, and if the taxpayer better identify the wines they may Section 9.3(b) of the TTB regulations wants to make an election under section purchase. requires the petition to include— • 181 for such taxable year, see § 1.181– DATES: Effective Date: March 12, 2007. Evidence that the proposed 2T(e) for the time and manner of making FOR FURTHER INFORMATION CONTACT: viticultural area is locally and/or the election. Jennifer Berry, Alcohol and Tobacco nationally known by the name specified in the petition; PART 602—OMB CONTROL NUMBERS Tax and Trade Bureau, Regulations and • Rulings Division, P.O. Box 18152, Historical or current evidence that UNDER THE PAPERWORK supports setting the boundary of the REDUCTION ACT Roanoke, VA 24014; telephone 540– 344–9333. proposed viticultural area as the petition specifies; I Par. 3. The authority citation for part SUPPLEMENTARY INFORMATION: • Evidence relating to the 602 continues to read as follows: Background on Viticultural Areas geographical features, such as climate, Authority: 26 U.S.C. 7805. TTB Authority soils, elevation, and physical features, I Par. 4. In § 602.101, paragraph (b) is that distinguish the proposed amended by adding the following entry Section 105(e) of the Federal Alcohol viticultural area from surrounding areas; in numerical order to the table to read Administration Act (FAA Act), 27 • A description of the specific as follows: U.S.C. 205(e), authorizes the Secretary boundary of the proposed viticultural of the Treasury to prescribe regulations § 602.101 OMB Control numbers. area, based on features found on United for the labeling of wine, distilled spirits, States Geological Survey (USGS) maps; * * * * * and malt beverages. The FAA Act (b) * * * and provides that these regulations should, • A copy of the appropriate USGS among other things, prohibit consumer CFR part or section where Current OMB map(s) with the proposed viticultural identified and described control No. deception and the use of misleading area’s boundary prominently marked. statements on labels, and ensure that labels provide the consumer with Rulemaking Proceedings ***** adequate information as to the identity Outer Coastal Plain Petition 1.181–1T and 1.181–2T ...... 1545–2059 and quality of the product. The Alcohol and Tobacco Tax and Trade Bureau James Quarella of Bellview Winery, ***** (TTB) administers the regulations Landisville, New Jersey, petitioned TTB promulgated under the FAA Act. to establish the ‘‘Outer Coastal Plain’’ as Kevin M. Brown, Part 4 of the TTB regulations (27 CFR an American viticultural area in Deputy Commissioner for Services and part 4) allows the establishment of southeastern New Jersey. The proposed Enforcement. definitive viticultural areas and the use viticultural area covers approximately Approved: February 1, 2007. of their names as appellations of origin 2,255,400 acres and includes all of Eric Solomon, on wine labels and in wine Cumberland, Cape May, Atlantic, and Assistant Secretary of the Treasury (Tax advertisements. Part 9 of the TTB Ocean Counties and portions of Salem, Policy). regulations (27 CFR part 9) contains the Gloucester, Camden, Burlington, and [FR Doc. E7–2154 Filed 2–8–07; 8:45 am] list of approved viticultural areas. Monmouth Counties. According to the petitioner, the area currently includes BILLING CODE 4830–01–P Definition thirteen wineries, several vineyards, and Section 4.25(e)(1)(i) of the TTB approximately 750 acres planted to DEPARTMENT OF THE TREASURY regulations (27 CFR 4.25(e)(1)(i)) defines vines. We summarize below the a viticultural area for American wine as evidence submitted in support of the Alcohol and Tobacco Tax and Trade a delimited grape-growing region petition. Bureau distinguishable by geographical features, the boundaries of which have Name Evidence 27 CFR Part 9 been recognized and defined in part 9 The Outer Coastal Plain is one of five of the regulations. These designations defined physiographic regions of New [T.D. TTB–58; Re: Notice No. 59] allow vintners and consumers to Jersey. The other regions are the Inner RIN 1513–AB13 attribute a given quality, reputation, or Coastal Plain, the Newark Basin other characteristic of a wine made from Piedmont, the Highlands, and the Establishment of the Outer Coastal grapes grown in an area to its Appalachian Valley and Ridge. Plain Viticultural Area (2003R–166P) geographical origin. The establishment The Outer Coastal Plain includes most AGENCY: Alcohol and Tobacco Tax and of viticultural areas allows vintners to of the State’s Atlantic coastline and the Trade Bureau (TTB), Treasury. describe more accurately the origin of area known as the ‘‘Pinelands’’ or ‘‘Pine their wines to consumers and helps Barrens.’’ The petitioner states that most ACTION: Final rule; Treasury decision. consumers to identify wines they may geology reference sources and such

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government entities as the New Jersey Bay in the northeast, separate the The Inner Coastal Plain, in contrast, is Department of Environmental proposed viticultural area from the underlain by sand, silt, and clay of the Protection, USGS, and the United States Inner Coastal Plain. The diagonal Cretaceous period, and the northern Department of Agriculture (USDA), call western boundary meets the eastern regions of the State are underlain by the region the ‘‘Outer Coastal Plain.’’ boundary within the city of Long sedimentary, igneous, and metamorphic As evidence that the proposed Branch, New Jersey, on the Atlantic rocks of still later geologic periods. viticultural area is known locally and coastline. According to the petitioner, a unique nationally by this name, the petitioner As historical evidence for these feature of the proposed viticultural area submitted several documents that proposed boundaries, the petitioner is its significant aquifers, particularly identify the area as the ‘‘Outer Coastal cited the area’s long viticultural history. the Cohansey aquifer, the largest Plain.’’ These documents included— According to evidence that the freshwater aquifer in the mid-Atlantic • A map from a National Park Service petitioner submitted, viticulture region. The petitioner states that this Web site showing landform regions in flourished in the area as early as the aquifer is so important to the region’s New Jersey, at http://www.cr.nps.gov/ mid-19th century. Egg Harbor City, New drainage and water supply that it was history/online_books/nj2/chap1.htm; Jersey, was the center of a thriving wine one reason the Pinelands National • A map entitled ‘‘Geographic industry with hundreds of acres of Reserve was created as a federally Boundaries of the Outer Coastal Plain grapes. In 1864, Louis Renault protected area. The Cohansey aquifer is (OCP) of New Jersey,’’ issued by the established Renault Winery in Egg part of the 1.93-million-acre Kirkwood- New Jersey Department of Harbor City, where he found the soils Cohansey aquifer system, the borders of Environmental Protection; and and climate to be similar to those of his which nearly correspond to those of the • A list of native trees and shrubs for native Rheims, France. Today, Renault proposed viticultural area. The the Outer Coastal Plain on the Web site Winery is one of the oldest, continuous Cohansey and other aquifers, the of the New Jersey Agricultural winery operations in the United States. petitioner notes, provide an abundant Experiment Station/Cook College, Around the same time, Dr. Thomas source of water for the proposed Rutgers, The State University of New Welch founded the U.S. grape juice viticultural area’s vineyards. In contrast Jersey, at http://www.rce.rutgers.edu/ industry in Vineland, New Jersey, with to the Outer Coastal Plain, the adjacent njriparianforestbuffers/ a product that became known as Inner Coastal Plain has smaller, nativeOUTER.htm. Welch’s Grape Juice. Although confined aquifers, mostly in the Both the Outer Coastal Plain and the Prohibition devastated the area’s Potomac-Raritan-Magothy aquifer Inner Coastal Plain comprise the wineries, the wine industry has made a system. extensive, seaward-sloping Atlantic strong comeback in recent years, due Elevation. The petitioner states that Coastal Plain. The Atlantic Coastal Plain largely to the New Jersey Farm Winery the proposed viticultural area’s stretches about 2,200 miles along the Act of 1981. The number of wineries in elevation is another feature that coast of the Eastern United States, from the State jumped from 9 in 1981 to 27 distinguishes it from adjacent areas. Massachusetts to Florida. today, 13 of which are in the proposed According to an elevation map issued by the New Jersey Geological Survey, Boundary Evidence viticultural area. almost the entire area has elevations of The Outer Coastal Plain encompasses Distinguishing Features less than 280 feet above sea level, and the southeastern part of the State of New Soils and Geology. The petitioner most of the area has elevations Jersey. The proposed viticultural area is asserts that the soils and geology of the significantly below that height. The roughly triangular in shape and proposed viticultural area clearly petitioner notes that the proposed comprises the most easterly and distinguish it from surrounding areas. viticultural area’s low elevation and southerly portions of New Jersey, Despite its large landmass, the Outer proximity to the Atlantic Ocean are including most of the State’s Atlantic Coastal Plain has remarkably uniform, moderating influences on its climate, as coastline and the area known as the well drained sandy soils that derived described below. Elevations in the other ‘‘Pinelands’’ or ‘‘Pine Barrens.’’ from unconsolidated sediments. The regions of New Jersey are higher. According to the petitioner, the relatively low fertility and low pH of Elevations in the northwestern part of geographical and geological features that these soils, the petitioner notes, are the State, for example, range from 1,300 define the boundaries of the proposed favorable for grape growing. In contrast to 1,680 feet. viticultural area clearly distinguish it to the soils of the Outer Coastal Plain, Climate. According to the petitioner, from surrounding areas. The proposed the fine, silty soils of the Inner Coastal the climate of the Outer Coastal Plain is viticultural area’s proximity to the Plain to the west have both higher strongly influenced by the Atlantic Atlantic Ocean and Delaware Bay fertility and higher pH and the soils to Ocean to the east and Delaware Bay to greatly influences its climate and its the north are dense and rocky, and are the south. Because of this maritime geographical and geological features, derived from bedrock. influence on its climate, the proposed such as soils and underlying sediments. As evidence of the proposed viticultural area is generally warmer, These features are described in greater viticultural area’s distinctive geology, has a longer growing season, and has detail in the following section. the petitioner submitted the ‘‘Geologic more moderate temperatures than areas The Atlantic Ocean coastline, Map of New Jersey.’’ Published by the to the west and north. As evidence of including its barrier islands, forms the State’s Department of Environmental the maritime influence, the petitioner proposed viticultural area’s eastern Protection, this map clearly shows that submitted a USDA plant hardiness zone boundary, and Delaware Bay forms its most of the Outer Coastal Plain is map of New Jersey and noted that the southern boundary. The diagonal underlain by unconsolidated deposits of proposed viticultural area is in zones western boundary is immediately east of sand, silt, and clay of the Tertiary 6B, 7A, or 7B, whereas areas to the a belt of low hills, called cuestas. These period and that a small coastal fringe north and west are in cooler zones and cuestas, which extend in a northeasterly consists of beach and estuarine deposits have shorter growing seasons. The direction from the Delaware River of the Holocene epoch. The parent petitioner also submitted a climate lowlands in the southwest to the material of soils in other parts of the overview published on the Web site of Atlantic Highlands overlooking Raritan State formed in later geologic periods. the New Jersey State Climatologist at

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http://climate.Rutgers.edu/stateclim_v1/ significance. The text of the new Subpart C—Approved American njclimoverview.html. The overview regulation clarifies this point. Viticultural Areas shows that the proposed viticultural Consequently, wine bottlers using area has between 190 and 217 freeze- ‘‘Outer Coastal Plain ‘‘ in a brand name, I 2. Subpart C is amended by adding free days per year. In contrast, the including a trademark, or in another § 9.207 to read as follows: Highlands region to the north averages label reference as to the origin of the § 9.207 Outer Coastal Plain. 163 freeze-free days and the central wine, must ensure that the product is Piedmont region averages 179 freeze- eligible to use the viticultural area’s (a) Name. The name of the viticultural free days. The petitioner notes that name as an appellation of origin. For a area described in this section is ‘‘Outer because of these climatic differences, wine to be labeled with a viticultural Coastal Plain’’. For purposes of part 4 of this chapter, ‘‘Outer Coastal Plain’’ is a more temperature-sensitive grape area name or with a brand name that term of viticultural significance. varieties may be grown in vineyards includes a viticultural area name or (b) Approved maps. The appropriate within the proposed viticultural area other term identified as viticulturally maps for determining the boundary of than in vineyards in other adjacent significant in part 9 of the TTB the Outer Coastal Plain viticultural area regions. regulations, at least 85 percent of the are seven United States Geological wine must be derived from grapes Notice of Proposed Rulemaking Survey topographic maps. They are grown within the area represented by titled— On July 3, 2006, TTB published a that name or other term, and the wine notice of proposed rulemaking regarding (1) Wilmington, Delaware-New Jersey- must meet the other conditions listed in Pennsylvania-Maryland, 1984, the establishment of the Outer Coastal 27 CFR 4.25(e)(3). Different rules apply Plain viticultural area in the Federal 1:100,000 scale; if a wine has a brand name containing (2) Hammonton, New Jersey, 1984, Register (71 FR 37870) as Notice No. 59. a viticultural area name or other In that notice, TTB invited comments by 1:100,000 scale; viticulturally significant term that was (3) Trenton, New Jersey-Pennsylvania- September 1, 2006, from all interested used as a brand name on a label persons. We expressed particular New York, 1986, 1:100,000 scale; approved before July 7, 1986. See 27 (4) Long Branch, New Jersey, 1954, interest in receiving comments on CFR 4.39(i)(2) for details. whether the proposed area name would photorevised 1981, 1:24,000 scale; result in a conflict with currently used Regulatory Flexibility Act (5) Atlantic City, New Jersey, 1984, brand names and whether the name 1:100,000 scale; ‘‘New Jersey Outer Coastal Plain’’ would We certify that this regulation will not (6) Cape May, New Jersey, 1981, more appropriately identify the have a significant economic impact on 1:100,000 scale; and proposed viticultural area. We received a substantial number of small entities. (7) Dover, Delaware-New Jersey- no comments on these or any other The regulation imposes no new Maryland, 1984, 1:100,000 scale. (c) Boundary. The Outer Coastal Plain issues in response to that notice. reporting, recordkeeping, or other administrative requirement. Any benefit viticultural area includes all of TTB Finding derived from the use of a viticultural Cumberland, Cape May, Atlantic, and After careful review of the petition, area name is the result of a proprietor’s Ocean Counties and portions of Salem, TTB finds that the evidence submitted efforts and consumer acceptance of Gloucester, Camden, Burlington, and supports the establishment of the wines from that area. Therefore, no Monmouth Counties in the State of New proposed viticultural area. Therefore, regulatory flexibility analysis is Jersey. The boundary of the Outer under the authority of the Federal required. Coastal Plain viticultural area is as Alcohol Administration Act and part 4 described below. Executive Order 12866 of our regulations, we establish the (1) The beginning point is on the Wilmington map at the confluence of ‘‘Outer Coastal Plain’’ viticultural area This rule is not a significant in the State of New Jersey effective 30 Alloway Creek with the Delaware River regulatory action as defined by (within Mad Horse Creek State Wildlife days from the publication date of this Executive Order 12866, 58 FR 51735. document. Management Area) in Salem County; Therefore, it requires no regulatory (2) From the beginning point, proceed Boundary Description assessment. northeasterly in a straight line to the See the narrative boundary Drafting Information village of Hagerville; then description of the viticultural area in the (3) Continue north on an unnamed regulatory text published at the end of Jennifer Berry of the Regulations and road locally known as County Road (CR) this final rule. Rulings Division drafted this document. 658 to its intersection with State Route (SR) 49; then List of Subjects in 27 CFR Part 9 Maps (4) Proceed northwesterly on SR 49 to The petitioner provided the required Wine. its intersection with SR 45 in the center maps, and we list them below in the of the town of Salem; then regulatory text. Regulatory Amendment (5) Proceed northeasterly on SR 45 to its intersection with SR 540 at the Impact on Current Wine Labels I For the reasons discussed in the village of Pointers; then Part 4 of the TTB regulations prohibits preamble, we amend 27 CFR, chapter 1, (6) Proceed north on SR 540 into the any label reference on a wine that part 9, as follows: village of Slapes Corner; then indicates or implies an origin other than (7) Proceed northeasterly on an the wine’s true place of origin. With the PART 9—AMERICAN VITICULTURAL unnamed road locally known as CR 646 establishment of this viticultural area AREAS to its intersection with the New Jersey and its inclusion in part 9 of the TTB Turnpike near the village of Auburn; I regulations, its name, ‘‘Outer Coastal 1. The authority citation for part 9 then Plain,’’ is recognized under 27 CFR continues to read as follows: (8) Proceed northeasterly on the New 4.39(i)(3) as a name of viticultural Authority: 27 U.S.C. 205. Jersey Turnpike for approximately 18

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miles to its intersection with SR 47; DEPARTMENT OF HOMELAND rulemaking. Comments and material then SECURITY received from the public will become (9) Proceed south on SR 47 for part of this docket and will be available Coast Guard approximately 0.5 mile to its for inspection or copying at room PL– 401 on the Plaza level of the Nassif intersection with SR 534 at the village 33 CFR Part 155 of Gardenville Center; then Building at the same address between 9 [USCG–1998–3417] a.m. and 5 p.m., Monday through (10) Proceed southeasterly through Friday, except Federal holidays. You Gardenville Center on SR 534 to its RIN 1625–AA19 may also access this docket on the intersection with SR 544; then Internet at http://dms.dot.gov. Salvage and Marine Firefighting (11) Proceed northeasterly on SR 544 Requirements; Vessel Response Plans FOR FURTHER INFORMATION CONTACT: If to its intersection with SR 73 on the for Oil you have questions on this rule or the Hammonton map; then partial suspension of regulations, call (12) Proceed north-northwesterly on AGENCY: Coast Guard, DHS. Lieutenant Commander Reed Kohberger, SR 73 to its intersection with SR 70 in ACTION: Final rule; partial suspension of Office of Standards Evaluation and Cropwell; then regulation. Development, Coast Guard Headquarters, telephone 202–372–1471, (13) Proceed east on SR 70 to its SUMMARY: Current vessel response plan or via e-mail: intersection with U.S. 206 in Red Lion; regulations require the owners or [email protected]. For then operators of vessels carrying Groups I questions on viewing or submitting (14) Proceed north on U.S. 206, onto through V petroleum oil as a primary material to the docket, call Ms. Renee V. the Trenton map, to the intersection of cargo to identify in their response plans Wright, Program Manager, Docket U.S. 206 and an unnamed road locally a salvage company with expertise and Operations, telephone 202–493–0402. known as CR 537, in the village of equipment, and a company with SUPPLEMENTARY INFORMATION: Chambers Corner; then firefighting capability that can be deployed to a port nearest to the vessel’s Background and Regulatory History (15) Proceed northeasterly on CR 537, operating area within 24 hours of Requirements for salvage and marine- through the village of Jobstown; then notification (Groups I–IV) or a discovery firefighting resources in vessel response (16) Continue northeasterly on CR of a discharge (Group V). On January 23, plans have been in place since February 537, through the villages of Smithburg 2004, a notice of suspension was 5, 1993 (58 FR 7424). The existing and Freehold, to its intersection with SR published in the Federal Register, requirements are general. The Coast 18, east-northeast of Freehold; then suspending the 24-hour requirement Guard did not originally develop scheduled to become effective on (17) Proceed easterly on SR 18 to its specific requirements because each February 12, 2004, until February 12, intersection with the Garden State salvage and marine firefighting response 2007 (69 FR 3236). The Coast Guard has Parkway; then for an individual vessel is unique, due decided to extend this suspension to the vessel’s size, construction, (18) Proceed north on the Garden period for another two years to allow us operating area, and other variables. The State Parkway to its intersection with to complete the rulemaking that will Coast Guard’s intent was to rely on the SR 36 and proceed east along SR 36 revise the salvage and marine planholder to prudently identify onto the Long Branch map; then firefighting requirements. contractor resources to meet their needs. (19) Using the Long Branch map, DATES: This extension is effective as of The Coast Guard anticipated that the continue east on SR 36 to where it February 12, 2007. Termination of the significant benefits of a quick and intersects with Joline Avenue; then suspension will be on February 12, effective salvage and marine-firefighting 2009. (20) Proceed northeasterly on Joline response would be sufficient incentive Avenue to the Atlantic Ocean shoreline; ADDRESSES: You may submit comments for industry to develop salvage and marine firefighting capability parallel to then identified by Coast Guard docket number USCG–1998–3417 to the Docket the development of oil spill removal (21) Follow the Atlantic Ocean Management Facility at the U.S. organizations. shoreline south, encompassing all Department of Transportation. To avoid Early in 1997, it became apparent that coastal islands, onto the Trenton, duplication, please use only one of the there was disagreement among Hammonton, Atlantic City, and Cape following methods: planholders, salvage and marine- May maps, to the city of Cape May; then (1) Web Site: http://dms.dot.gov; firefighting contractors, maritime (22) Proceed west, then north, along (2) Mail: Docket Management Facility, associations, public agencies, and other the eastern bank of the Delaware River, U.S. Department of Transportation, 400 stakeholders as to what constituted onto the Atlantic City, Dover, and Seventh Street, SW., Washington, DC adequate salvage and marine-firefighting Wilmington maps to the beginning 20590–0001; resources. There was also concern as to point. (3) Fax: 202–493–2251; whether these resources could respond (4) Delivery: Room PL–401 on the to the port nearest to the vessel’s Dated: December 4, 2006. Plaza level of the Nassif Building, 400 operating area within 24 hours. John J. Manfreda, Seventh, Street SW., Washington, DC, On June 24, 1997, a notice of meeting Administrator. between 9 a.m. and 5 p.m., Monday was published in the Federal Register (62 FR 34105) announcing a workshop Approved: January 29, 2007. through Friday, except Federal holidays. The telephone number is 202–366– to solicit comments from the public on Timothy E. Skud, 9329; or potential changes to the salvage and Deputy Assistant Secretary, (Tax, Trade, and (5) Federal eRulemaking Portal: marine-firefighting requirements Tariff Policy). http://www.regulations.gov. currently found in 33 CFR part 155. [FR Doc. 07–575 Filed 2–8–07; 8:45 am] The Docket Management Facility A public workshop was held on BILLING CODE 4810–31–P maintains the public docket for this August 5, 1997, to address issues related

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