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Federal Register/Vol. 72, No. 27/Friday, February 9, 2007/Rules 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 VerDate Aug<31>2005 16:52 Feb 08, 2007 Jkt 211001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\09FER1.SGM 09FER1 hsrobinson on PROD1PC76 with RULES 6166 Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Rules and Regulations 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.
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