[Federal Register Volume 71, Number 127 (Monday, July 3, 2006)]
[Proposed Rules]
[Pages 37870-37874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10384]
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade Bureau
27 CFR Part 9
[Notice No. 59]
RIN: 1513-AB13
Proposed Establishment of the Outer Coastal Plain Viticultural
Area (2003R-166P)
AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Alcohol and Tobacco Tax and Trade Bureau proposes to
establish the Outer Coastal Plain viticultural area in southeastern New
Jersey. The proposed viticultural area consists of approximately
2,255,400 acres and includes all of Cumberland, Cape May, Atlantic, and
Ocean Counties and portions of Salem, Gloucester, Camden, Burlington,
and Monmouth Counties. We designate viticultural areas to allow
bottlers to better describe the origin of their wines and to allow
consumers to better identify the wines they may purchase. We invite
comments on this proposed addition to our regulations.
DATES: We must receive written comments on or before September 1, 2006.
ADDRESSES: You may send comments to any of the following addresses:
Director, Regulations and Rulings Division, Alcohol and
Tobacco Tax and Trade Bureau, Attn: Notice No. 59, P.O. Box 14412,
Washington, DC 20044-4412.
202-927-8525 (facsimile).
[email protected] (e-mail).
http://www.ttb.gov/alcohol/rules/index.htm. An online
comment form is posted with this notice on our Web site.
http://www.regulations.gov (Federal e-rulemaking portal;
follow instructions for submitting comments).
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive about this proposal by appointment at
the TTB Information Resource Center, 1310 G Street, NW., Washington, DC
20220. To make an appointment, call 202-927-2400. You may also access
copies of the notice and comments online at http://www.ttb.gov/alcohol/rules/index.htm.
See the Public Participation section of this notice for specific
instructions and requirements for submitting comments, and for
information on how to request a public hearing.
FOR FURTHER INFORMATION CONTACT: Jennifer Berry, Alcohol and Tobacco
Tax and Trade Bureau, Regulations and Rulings Division, P.O. Box 18152,
Roanoke, VA 24014; telephone 540-344-9333.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol Administration Act (the FAA
Act, 27 U.S.C. 201 et seq.) requires that alcohol beverage labels
provide consumers with adequate information regarding product identity
and prohibits the use of misleading information on those labels. The
FAA Act also authorizes the Secretary of the Treasury to issue
regulations to carry out its provisions. The Alcohol and Tobacco Tax
and Trade Bureau (TTB) administers these regulations.
Part 4 of the TTB regulations (27 CFR part 4) allows the
establishment of definitive viticultural areas and the use of their
names as appellations of origin on wine labels and in wine
advertisements. Part 9 of the TTB regulations (27 CFR part 9) contains
the list of approved viticultural areas.
Definition
Section 4.25(e)(1)(i) of the TTB regulations (27 CFR 4.25(e)(1)(i))
defines a viticultural area for American wine as a delimited grape-
growing region distinguishable by geographical features, the boundaries
of which have been recognized and defined in part 9 of the regulations.
These designations allow vintners and consumers to attribute a given
quality, reputation, or other characteristic of a wine made from grapes
grown in an area to its geographical origin. The establishment of
viticultural areas allows vintners to describe more accurately the
origin of their wines to consumers and helps consumers to identify
wines they may purchase. Establishment of a viticultural area is
neither an approval nor an endorsement by TTB of the wine produced in
that area.
Requirements
Section 4.25(e)(2) of the TTB regulations outlines the procedure
for proposing an American viticultural area and provides that any
interested party may petition TTB to establish a grape-growing region
as a viticultural area. Section 9.3(b) of the TTB regulations requires
the petition to include--
Evidence that the proposed viticultural area is locally
and/or nationally known by the name specified in the petition;
Historical or current evidence that supports setting the
boundary of the proposed viticultural area as the petition specifies;
Evidence relating to the geographical features, such as
climate, soils, elevation, and physical features, that distinguish the
proposed viticultural area from surrounding areas;
A description of the specific boundary of the proposed
viticultural area, based on features found on United States Geological
Survey (USGS) maps; and
A copy of the appropriate USGS map(s) with the proposed
viticultural area's boundary prominently marked.
Outer Coastal Plain Petition
James Quarella of Bellview Winery, Landisville, New Jersey,
petitioned TTB
[[Page 37871]]
to establish the ``Outer Coastal Plain'' as an American viticultural
area in southeastern New Jersey. The proposed viticultural area covers
approximately 2,255,400 acres and includes all of Cumberland, Cape May,
Atlantic, and Ocean Counties and portions of Salem, Gloucester, Camden,
Burlington, and Monmouth Counties. According to the petitioner, the
area currently includes thirteen wineries, several vineyards, and
approximately 750 acres planted to vines. We summarize below the
evidence submitted in support of the petition.
Name Evidence
The Outer Coastal Plain is one of five defined physiographic
regions of New Jersey. The other regions are the Inner Coastal Plain,
the Newark Basin Piedmont, the Highlands, and the Appalachian Valley
and Ridge.
The Outer Coastal Plain includes most of the State's Atlantic
coastline and the area known as the ``Pinelands.'' The petitioner
states that most geology reference sources and such government entities
as the New Jersey Department of Environmental Protection, USGS, and the
United States Department of Agriculture (USDA), call the region the
``Outer Coastal Plain.''
As evidence that the proposed viticultural area is known locally
and nationally by this name, the petitioner submitted several documents
that identify the area as the ``Outer Coastal Plain.'' These included--
A map from a National Park Service Web site showing
landform regions in New Jersey (http://www.cr.nps.gov/history/online_books/nj2/chap1.htm.);
A map entitled ``Geographic Boundaries of the Outer
Coastal Plain (OCP) of New Jersey,'' issued by the New Jersey
Department of Environmental Protection; and
A list of native trees and shrubs for the Outer Coastal
Plain on the Web site of the New Jersey Agricultural Experiment
Station/Cook College, Rutgers, The State University of New Jersey
(http://www.rce.rutgers.edu/njriparianforestbuffers/nativeOUTER.htm.).
The Outer Coastal Plain is part of the Atlantic Coastal Plain, an
extensive seaward-sloping plain stretching about 2,200 miles along the
coast of the Eastern United States from Massachusetts to Florida. It
consists of an inner and outer coastal plain.
Boundary Evidence
The Outer Coastal Plain encompasses the southeastern part of the
State of New Jersey. The proposed area is roughly triangular in shape
and comprises the most easterly and southerly portions of New Jersey,
including most of the State's Atlantic coastline and the area known as
the ``Pinelands'' or ``Pine Barrens.'' According to the petitioner, the
geographical and geological features that define the boundaries of the
proposed viticultural area clearly distinguish it from surrounding
areas. The proposed viticultural area's proximity to the Atlantic Ocean
and Delaware Bay greatly influences its climate and geological
features, such as soils and underlying sediments. These features are
described in greater detail in the following section.
The Atlantic Ocean coastline, including its barrier islands, forms
the area's eastern boundary, and Delaware Bay forms its southern
boundary. The diagonal western boundary is immediately east of a belt
of low hills, called cuestas. These cuestas, which extend in a
northeasterly direction from the Delaware River lowlands in the
southwest to the Atlantic Highlands overlooking Raritan Bay in the
northeast, separate the proposed area from the Inner Coastal Plain. The
diagonal western boundary meets the eastern boundary within the city of
Long Branch, New Jersey, on the Atlantic coastline.
As historical evidence for these proposed boundaries, the
petitioner cited the area's long viticultural history. According to
evidence that the petitioner submitted, viticulture flourished in the
area as early as the mid-nineteenth century. Egg Harbor City, New
Jersey, was the center of a thriving wine industry with hundreds of
acres of grapes. In 1864, Louis Renault established Renault Winery in
Egg Harbor City, where he found the soils and climate to be similar to
those of his native Rheims, France. Today, Renault Winery is one of the
oldest, continuous winery operations in the United States. Around the
same time, Dr. Thomas Welch founded the U.S. grape juice industry in
Vineland, New Jersey, with a product that became known as Welch's Grape
Juice. Although Prohibition devastated the area's wineries, the wine
industry has made a strong comeback in recent years, due largely to the
New Jersey Farm Winery Act of 1981. The number of wineries in the State
jumped from 9 in 1981 to 27 today, 13 of which are in the proposed
area.
Distinguishing Features
Soils and Geology
The petitioner asserts that the soils and geology of the proposed
viticultural area clearly distinguish it from surrounding areas.
Despite its large landmass, the Outer Coastal Plain has remarkably
uniform, well drained sandy soils that derived from unconsolidated
sediments. The relatively low fertility and low pH of these soils, the
petitioner notes, are favorable for grape growing. In contrast to the
soils of the Outer Coastal Plain, the fine, silty soils of the Inner
Coastal Plain to the west have both higher fertility and higher pH and
the soils to the north are dense, rocky, and derived from bedrock.
As evidence of the proposed viticultural area's distinctive
geology, the petitioner submitted a document entitled ``Geologic Map of
New Jersey.'' Published by the State's Department of Environmental
Protection, this map clearly shows that most of the Outer Coastal Plain
is underlain by unconsolidated deposits of sand, silt, and clay of the
Tertiary period and that a small coastal fringe consists of beach and
estuarine deposits of the Holocene epoch. The parent material of soils
in other parts of the State formed in later geologic periods. The Inner
Coastal Plain, in contrast, is underlain by sand, silt, and clay of the
Cretaceous period, and the northern regions of the State are underlain
by sedimentary, igneous, and metamorphic rocks of still later geologic
periods.
According to the petitioner, a unique feature of the proposed
viticultural area is its significant aquifers, particularly the
Cohansey aquifer, the largest freshwater aquifer in the mid-Atlantic
region. The petitioner states that this aquifer is so important to the
region's drainage and water supply that it was one of the reasons the
Pinelands National Reserve was created as a federally protected area.
The Cohansey aquifer is part of the 1.93-million-acre Kirkwood-Cohansey
aquifer system, the borders of which nearly correspond to those of the
proposed viticultural area. These aquifers, the petitioner notes,
provide an abundant source of water for the proposed viticultural
area's vineyards. In contrast, the adjacent Inner Coastal Plain has
smaller, confined aquifers, which are mostly in the Potomac-Raritan-
Magothy aquifer system.
Elevation
The petitioner states that the proposed viticultural area's
elevation is another feature that distinguishes it from adjacent areas.
According to an elevation map issued by the New Jersey Geological
Survey, almost the entire area has elevations of less than 280 feet
above sea level, and most of the area has elevations significantly
below that height. The petitioner notes that the
[[Page 37872]]
proposed viticultural area's low elevation and proximity to the
Atlantic Ocean are moderating influences on its climate, as described
below. Elevations in the other regions of New Jersey are higher.
Elevations in the northwestern part of the State, for example, range
from 1,300 to 1,680 feet.
Climate
According to the petitioner, the climate of the Outer Coastal Plain
is strongly influenced by the Atlantic Ocean to the east and Delaware
Bay to the south. Because of this maritime influence on its climate,
the proposed viticultural area is generally warmer, has a longer
growing season, and has more moderate temperatures than areas to the
west and north. As evidence of the maritime influence, the petitioner
submitted a USDA plant hardiness zone map of New Jersey and noted that
the proposed viticultural area is in zones 6B, 7A, or 7B, while areas
to the north and west are in cooler zones and have shorter growing
seasons. The petitioner also submitted a climate overview published on
the Web site of the New Jersey State Climatologist. (See http://climate.Rutgers.edu/stateclim_v1/njclimoverview.html.) The overview
shows that the proposed viticultural area ranges between 190 and 217
freeze-free days per year. In contrast, the Highlands region to the
north averages 163 freeze-free days and the central Piedmont region
averages 179 freeze-free days. The petitioner notes that because of
these climatic differences, more temperature-sensitive grape varieties
may be grown in vineyards within the proposed viticultural area than in
vineyards in other adjacent regions.
Boundary Description
See the narrative boundary description of the petitioned-for
viticultural area in the proposed regulatory text published at the end
of this notice.
Maps
The petitioner provided the required maps, and we list them below
in the proposed regulatory text.
Impact on Current Wine Labels
Part 4 of the TTB regulations prohibits any label reference on a
wine that indicates or implies an origin other than the wine's true
place of origin. If we establish this proposed viticultural area, its
name, ``Outer Coastal Plain,'' will be recognized under 27 CFR
4.39(i)(3) as a name of viticultural significance. The text of the new
regulation would clarify this point. Consequently, wine bottlers using
``Outer Coastal Plain'' in a brand name, including a trademark, or in
another label reference as to the origin of the wine, will have to
ensure that the product is eligible to use the viticultural area's name
as an appellation of origin. On the other hand, we do not believe that
any single part of the proposed viticultural area name standing alone
would have viticultural significance if the new area is established.
Accordingly, the proposed part 9 regulatory text set forth in this
document specifies only the full ``Outer Coastal Plain'' name as a term
of viticultural significance for purposes of part 4 of the TTB
regulations.
For a wine to be eligible to use as an appellation of origin a
viticultural area name or other term specified as being viticulturally
significant in part 9 of the TTB regulations, at least 85 percent of
the wine must be derived from grapes grown within the area represented
by that name or other term, and the wine must meet the other conditions
listed in 27 CFR 4.25(e)(3). If the wine is not eligible to use the
viticultural area name or other term as an appellation of origin and
that name or term appears in the brand name, then the label is not in
compliance and the bottler must change the brand name and obtain
approval of a new label. Similarly, if the viticultural area name or
other term appears in another reference on the label in a misleading
manner, the bottler would have to obtain approval of a new label.
Accordingly, if a new label or a previously approved label uses the
name ``Outer Coastal Plain'' for a wine that does not meet the 85
percent standard, the new label will not be approved, and the
previously approved label will be subject to revocation, upon the
effective date of the approval of the Outer Coastal Plain viticultural
area.
Different rules apply if a wine has a brand name containing a
viticultural area name that was used as a brand name on a label
approved before July 7, 1986. See 27 CFR 4.39(i)(2) for details.
Public Participation
Comments Invited
We invite comments from interested members of the public on whether
we should establish the proposed viticultural area. We are also
interested in receiving comments on the sufficiency and accuracy of the
name, boundary, climatic, and other required information submitted in
support of the petition. Please provide any available specific
information in support of your comments.
Because of the potential impact of the establishment of the
proposed Outer Coastal Plain viticultural area on brand labels that
include the words ``Outer Coastal Plain'' as discussed above under
``Impact on Current Wine Labels,'' we are particularly interested in
comments regarding whether there will be a conflict between the
proposed area name and currently used brand names. If a commenter
believes that a conflict will arise, the comment should describe the
nature of that conflict, including any negative economic impact that
approval of the proposed viticultural area will have on an existing
viticultural enterprise. We are also interested in receiving
suggestions for ways to avoid any conflicts, for example by adopting a
modified or different name for the viticultural area.
In addition, TTB is interested in comments regarding the
noninclusion within the proposed viticultural area of areas within
other States that are part of the Atlantic Coastal Plain and that may
therefore also have a claim to use of the name ``Outer Coastal Plain,''
including information on any wine grape-growing in those areas. In this
regard, we invite comments on whether the name ``New Jersey Outer
Coastal Plain'' would more appropriately identify the proposed
viticultural area. Comments in this regard should include documentation
or other information supporting the conclusion that use of ``New Jersey
Outer Coastal Plain'' rather than only ``Outer Coastal Plain'' on a
wine label would better enable consumers and vintners to attribute to
the wine in question the quality, reputation, or other characteristic
of wine made from grapes grown in the proposed viticultural area.
Submitting Comments
Please submit your comments by the closing date shown above in this
notice. Your comments must include this notice number and your name and
mailing address. Your comments must be legible and written in language
acceptable for public disclosure. We do not acknowledge receipt of
comments, and we consider all comments to be originals. You may submit
comments in one of five ways:
Mail: You may send written comments to TTB at the address
listed in the ADDRESSES section.
Facsimile: You may submit comments by facsimile
transmission to 202-927-8525. Faxed comments must--
(1) Be on 8.5- by 11-inch paper;
(2) Contain a legible, written signature; and
(3) Be no more than five pages long. This limitation assures
electronic access to our equipment. We will not accept faxed comments
that exceed five pages.
[[Page 37873]]
E-mail: You may e-mail comments to [email protected]. Comments
transmitted by electronic mail must--
(1) Contain your e-mail address;
(2) Reference this notice number on the subject line; and
(3) Be legible when printed on 8.5- by 11-inch paper.
Online form: We provide a comment form with the online
copy of this notice on our Web site at http://www.ttb.gov/alcohol/rules/index.htm. Select the ``Send comments via e-mail'' link under
this notice number.
Federal e-rulemaking portal: To submit comments to us via
the Federal e-rulemaking portal, visit http://www.regulations.gov and
follow the instructions for submitting comments.
You may also write to the Administrator before the comment closing
date to ask for a public hearing. The Administrator reserves the right
to determine whether to hold a public hearing.
Confidentiality
All submitted material is part of the public record and subject to
disclosure. Do not enclose any material in your comments that you
consider to be confidential or inappropriate for public disclosure.
Public Disclosure
You may view copies of this notice, the petition, the appropriate
maps, and any comments we receive by appointment at the TTB Information
Resource Center at 1310 G Street, NW., Washington, DC 20220. You may
also obtain copies at 20 cents per 8.5- x 11- inch page. Contact our
information specialist at the above address or by telephone at 202-927-
2400 to schedule an appointment or to request copies of comments.
We will post this notice and any comments we receive on this
proposal on the TTB Web site. All name and address information
submitted with the comments will be posted, including e-mail addresses.
We may omit voluminous attachments or material that we consider
unsuitable for posting. In all cases, the full comment will be
available in the TTB Information Resource Center. To access the online
copy of this notice and the submitted comments, visit http://www.ttb.gov/alcohol/rules/index.htm. Select the ``View Comments'' link
under this notice number to view the posted comments.
Regulatory Flexibility Act
We certify that this proposed regulation, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The proposed regulation imposes no new reporting,
recordkeeping, or other administrative requirement. Any benefit derived
from the use of a viticultural area name would be the result of a
proprietor's efforts and consumer acceptance of wines from that area.
Therefore, no regulatory flexibility analysis is required.
Executive Order 12866
This proposed rule is not a significant regulatory action as
defined by Executive Order 12866, 58 FR 51735. Therefore, it requires
no regulatory assessment.
Drafting Information
Jennifer Berry and Linda Chapman of the Regulations and Rulings
Division drafted this notice.
List of Subjects in 27 CFR Part 9
Wine.
Proposed Regulatory Amendment
For the reasons discussed in the preamble, we propose to amend 27
CFR, chapter 1, part 9, as follows:
PART 9--AMERICAN VITICULTURAL AREAS
1. The authority citation for part 9 continues to read as follows:
Authority: 27 U.S.C. 205.
Subpart C--Approved American Viticultural Areas
2. Amend subpart C by adding Sec. 9.---- to read as follows:
Sec. 9.---- Outer Coastal Plain.
(a) Name. The name of the viticultural area described in this
section is ``Outer Coastal Plain''. For purposes of part 4 of this
chapter, ``Outer Coastal Plain'' is a term of viticultural
significance.
(b) Approved maps. The appropriate maps for determining the
boundary of the Outer Coastal Plain viticultural area are seven United
States Geological Survey topographic maps. They are titled--
(1) Wilmington, Delaware-New Jersey-Pennsylvania-Maryland, 1984,
1:100,000 scale;
(2) Hammonton, New Jersey, 1984, 1:100,000 scale;
(3) Trenton, New Jersey-Pennsylvania-New York, 1986, 1:100,000
scale;
(4) Long Branch, New Jersey, 1954, photorevised 1981, 1:24,000
scale;
(5) Atlantic City, New Jersey, 1984, 1:100,000 scale;
(6) Cape May, New Jersey, 1981, 1:100,000 scale; and
(7) Dover, Delaware-New Jersey-Maryland, 1984, 1:100,000 scale.
(c) Boundary. The Outer Coastal Plain viticultural area includes
all of Cumberland, Cape May, Atlantic, and Ocean Counties and portions
of Salem, Gloucester, Camden, Burlington, and Monmouth Counties in the
State of New Jersey. The boundary of the Outer Coastal Plain
viticultural area is as described below.
(1) The beginning point is on the Wilmington map at the confluence
of Alloway Creek with the Delaware River (within Mad Horse Creek State
Wildlife Management Area) in Salem County;
(2) From the beginning point, proceed northeasterly in a straight
line to the village of Hagerville; then
(3) Continue north on an unnamed road locally known as County Road
(CR) 658 to its intersection with State Route (SR) 49; then
(4) Proceed northwesterly on SR 49 to its intersection with SR 45
in the center of the town of Salem; then
(5) Proceed northeasterly on SR 45 to its intersection with SR 540
at the village of Pointers; then
(6) Proceed north on SR 540 into the village of Slapes Corner; then
(7) In Slapes Corner, proceed northeasterly on an unnamed road
locally known as CR 646 to its intersection with the New Jersey
Turnpike near the village of Auburn; then
(8) Proceed northeasterly on the New Jersey Turnpike for
approximately 18 miles to its intersection with SR 47; then
(9) Proceed south on SR 47 for approximately 0.5 mile to its
intersection with SR 534 at the village of Gardenville Center; then
(10) Proceed southeasterly through Gardenville Center on SR 534 to
its intersection with SR 544; then
(11) Proceed northeasterly on SR 544 to its intersection with SR 73
on the Hammonton map; then
(12) Proceed north-northwesterly on SR 73 to its intersection with
SR 70 in Cropwell; then
(13) Proceed east on SR 70 to its intersection with U.S. 206 in Red
Lion; then
(14) Proceed north on U.S. 206, onto the Trenton map, to the
village of Chambers Corner; then
(15) Proceed northeasterly on an unnamed road locally known as CR
537, through the village of Jobstown; then
(16) Continue northeasterly on CR 537, through the villages of
Smithburg and Freehold, to its intersection with SR 18; then
(17) Proceed easterly on SR 18 to its intersection with the Garden
State Parkway; then
(18) Proceed north on the Garden State Parkway and immediately exit
[[Page 37874]]
onto SR 36 East and onto the Long Branch map; then
(19) Using the Long Branch map, continue east on SR 36 to where it
intersects with Joline Avenue; then
(20) Proceed northeasterly on Joline Avenue to the Atlantic Ocean
shoreline; then
(21) Follow the Atlantic Ocean shoreline south, encompassing all
coastal islands, onto the Trenton, Hammonton, Atlantic City, and Cape
May maps, to the city of Cape May; then
(22) Proceed west, then north, along the eastern bank of the
Delaware River, onto the Atlantic City, Dover, and Wilmington maps to
the beginning point.
Signed: June 26, 2006.
John J. Manfreda,
Administrator.
[FR Doc. E6-10384 Filed 6-30-06; 8:45 am]
BILLING CODE 4810-31-P