[Federal Register Volume 71, Number 216 (Wednesday, November 8, 2006)]
[Proposed Rules]
[Pages 65437-65442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18895]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[Notice No. 67]
RIN 1513-AB19


Proposed Establishment of the Lehigh Valley Viticultural Area 
(2005R-415P)

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 1,888 square mile Lehigh Valley viticultural area in 
southeastern Pennsylvania in portions of Lehigh, Northampton, Berks, 
Schuylkill, Carbon, and Monroe Counties. We designate viticultural 
areas to allow vintners to better describe the origin of their wines 
and to allow consumers to better identify wines they may purchase. We 
invite comments on this proposed addition to our regulations.

DATES: We must receive written comments on or before January 8, 2007.

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. 67, P.O.

[[Page 65438]]

Box 14412, Washington, DC 20044-4412.
     202-927-8525 (facsimile).
     [email protected] (e-mail).
     http://www.ttb.gov/wine/wine_rulemaking.shtml. 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/wine/wine_rulemaking.shtml.
    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: N. A. Sutton, Regulations and Rulings 
Division, Alcohol and Tobacco Tax and Trade Bureau, 925 Lakeville St., 
No. 158, Petaluma, CA 94952; phone 415-271-1254.

SUPPLEMENTARY INFORMATION:

Background on Viticultural Areas

TTB Authority

    Section 105(e) of the Federal Alcohol Administration Act (FAA Act), 
27 U.S.C. 205(e), authorizes the Secretary of the Treasury to prescribe 
regulations for the labeling of wine, distilled spirits, and malt 
beverages. The FAA Act provides that these regulations should, among 
other things, prohibit consumer deception and the use of misleading 
statements on labels, and ensure that labels provide the consumer with 
adequate information as to the identity and quality of the product. The 
Alcohol and Tobacco Tax and Trade Bureau (TTB) administers the 
regulations promulgated under the FAA Act.
    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 geographic 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 geographic 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 geographic 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.

Lehigh Valley Petition

    John Skrip III, chairman of the Lehigh Wine Trail Appellation 
Committee submitted a petition to TTB proposing the establishment of 
the 1,888 square mile ``Lehigh Valley'' viticultural area in 
southeastern Pennsylvania. The proposed area is located approximately 
45 miles north-northwest of Philadelphia and includes portions of 
Lehigh, Northampton, Berks, Schuylkill, Carbon, and Monroe Counties. 
TTB notes that the proposed Lehigh Valley viticultural area does not 
overlap any other viticultural area. As of 2005, the proposed 
viticultural area included 9 wineries and 13 vineyards with 220 acres 
devoted to viticulture, according to the petitioner. The petitioner 
notes that the distinguishing features of the proposed viticultural 
area include its rolling hills and a similar agricultural climate 
throughout.
    The evidence submitted with the petition is summarized below.

Name Evidence

    The petitioner explains that Lehigh Valley derives its name from 
the Lehigh River, which flows through the proposed viticultural area 
and into the Delaware River at Easton, Pennsylvania. The petitioner 
states that the word ``Lehigh'' originated with the Delaware Indians in 
the 1600s, who named the area ``Lechauwekink,'' meaning an area with 
river forks. The petitioner notes that through a series of translations 
of the original Indian name, the name ``Lehigh'' now identifies the 
area. The petitioner also notes that the ``Lehigh Valley'' name applies 
to a much larger area than the immediate region bordering the Lehigh 
River and is, in fact, associated with the entire proposed viticultural 
area.
    The petitioner provides evidence for the use of the Lehigh or 
Lehigh Valley name throughout the proposed viticultural area by cities, 
schools, the National Highway System, and businesses. For example, 
Lehigh Street is a major thoroughfare in the city of Allentown, Lehigh 
University is located on the outskirts of Bethlehem, and the Lehigh 
Tunnel was constructed on the Northeast Extension of the Pennsylvania 
Turnpike, just north of the Lehigh County line. Also, two pages of the 
Lehigh Valley telephone book include nine columns of businesses located 
within the proposed viticultural area the use ``Lehigh Valley'' as part 
of the company name. The petition also includes brochures for inns, 
golf courses, covered bridges, a chamber orchestra, and a wine trail 
that use the Lehigh Valley name.
    The January 11, 2005, edition of the Bethlehem, Pennsylvania, 
Express-Times newspaper claims on its front page that it is ``The 
Lehigh Valley's fastest growing newspaper.'' An article in the business 
section of the March 31, 2002, edition of the Allentown Morning Call 
newspaper discusses the economic development of the Lehigh Valley area. 
The article notes that six community organizations incorporated 
``Lehigh Valley'' in their names between 1984 and 2002, including the 
Lehigh Valley Convention and Visitors Bureau, American Red Cross of the 
Greater Lehigh Valley, United Way of Greater Lehigh Valley, and the 
Lehigh Valley Chamber of Commerce.
    In addition, the petitioner provides copies of two regional 
magazines, ``Lehigh Valley Style,'' dated March/April 2003, and 
``Lehigh Valley,'' dated

[[Page 65439]]

July/August 2004. The ``Lehigh Valley'' magazine includes a full page 
advertisement for the Lehigh Valley Hospital in Allentown, 
Pennsylvania. Other petitioner evidence includes a toll receipt for the 
Lehigh Valley exit of the Pennsylvania Turnpike extension (Interstate 
476) and a copy of the home page from the Lehigh Valley International 
Airport Web site. A U.S. post office and mail distribution center 
located off Route 22 between Allentown and Bethlehem is referred to as 
the Lehigh Valley Post Office, according to the petitioner.

Boundary Evidence

    The proposed Lehigh Valley viticultural area encompasses the Lehigh 
River valley from the town of Jim Thorpe to the river's mouth at 
Easton, as well as the regions to the northeast and southwest of the 
immediate river valley. In addition to the Lehigh River valley, the 
proposed viticultural area includes portions of the Schuylkill River 
valley in the southwest and the Brodhead River valley in the northeast. 
The proposed area also includes all or portions of the cities of 
Stroudsburg, Easton, Bethlehem, Allentown, and Reading, Pennsylvania.
    Commercial grape growing started in the proposed Lehigh Valley 
viticultural area in 1974, the petitioner explains, when Vynecrest 
Winery and Clover Hill Winery started planting grapes. Two years later, 
Franklin Hill Winery planted grapes near Bangor in Northampton County.
    In shape, the proposed viticultural area is a southwest to 
northeast oriented rectangle. The petitioner states that the proposed 
boundary is 92 miles along its northern side, 24 miles along its 
eastern side, 56 miles along its southern side, and 28 miles along its 
western side.
    Along the proposed viticultural area's northern boundary, a long 
Appalachian ridge, including Second Mountain and Wildcat Mountain in 
Schuylkill County, Mauch Chunk Ridge, Bear Mountain, and Call Mountain 
in Carbon County, and a series of lower hills in Monroe County, 
separates the proposed area from the cooler mountains of northeastern 
Pennsylvania. To the east, between Stroudsburg and Easton, the Delaware 
River separates Pennsylvania from New Jersey and marks the eastern 
limit of the proposed Lehigh Valley viticultural area. The petitioner 
notes that the region of northwestern New Jersey bordering the proposed 
area is not considered part of the Lehigh Valley region. To the 
southeast, another long Appalachian mountain ridge, South Mountain 
separates the proposed viticultural area from the immediate 
Philadelphia region.
    To the west, the southwestern Berks County and Schuylkill County 
lines separate the Lehigh Valley region from the counties of south-
central Pennsylvania, which is considered a separate geographical 
region of the State according to the petitioner.

Distinguishing Features

    The distinguishing features of the proposed Lehigh Valley 
viticultural area, according to the petitioner, include its rolling 
hills and a similar agricultural climate throughout. These features 
contrast with the regions to the north and south of the proposed 
viticultural area, according to the petitioner. To document these 
differences, the petitioner uses data collected from 1961 to 1996 by 
the United States Department of Agriculture (USDA) and its Natural 
Resources Conservation Service (NRCS). In addition, the petitioner 
submitted maps of Pennsylvania with information on soil moisture, soil 
temperature, frost-free periods, and agro-climatic regions.
Climate
    The agricultural-climatic features of the proposed Lehigh Valley 
viticultural area include heat accumulation measurements of 2,601 to 
3,000 annual degree days and an annual moisture surplus of 351 to 450 
millimeters of water, as shown on the Agro-Climate Regions of 
Pennsylvania map submitted with the petition. (As a measurement of heat 
accumulation during the growing season, one degree day accumulates for 
each degree Fahrenheit that a day's average temperature is above 50 
degrees, which is the minimum temperature required for grapevine 
growth. See ``General Viticulture,'' by Albert J. Winkler, University 
of California Press, 1974.)
    The USGS and the NRCS integrates degree-days and annual moisture 
surplus data to identify regions of relatively homogeneous heat and 
moisture characteristics related to crop production. This information 
is shown on the Agro-Climate Regions of Pennsylvania map submitted with 
the petition and is summarized in the table 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 temperature data collected from 1975 
to 2004 at three airports--one to the north of the proposed 
viticultural area, one to the south of the proposed area, and one 
within the proposed area. The data, as summarized in the table below, 
shows differences in average annual precipitation and temperatures, 
with a warming trend from north to south.

                         Lehigh Valley Area Climatic Temperature Data Averages 1975-2004
----------------------------------------------------------------------------------------------------------------
                                                                                   Lehigh Valley
                                                                   Wilkes-Barre       Airport      Philadelphia
                                                                     Scranton       (within the    International
                     Fahrenheit temperatures                        Airport (25      proposed       Airport (45
                                                                  miles north of   viticultural   miles south of
                                                                  Lehigh Valley)       area)      Lehigh Valley)
----------------------------------------------------------------------------------------------------------------
Average High....................................................       58.8[deg]       61.5[deg]       64.4[deg]
Average Mean....................................................       49.7[deg]       51.7[deg]       55.4[deg]
Average Low.....................................................       40.6[deg]         42[deg]       46.6[deg]
Maximum High....................................................       94.4[deg]       96.5[deg]       97.3[deg]

[[Page 65440]]

 
Minimum Low.....................................................       -4.2[deg]        0.7[deg]        5.2[deg]
Frequency of days below 5[deg]..................................              14               7               3
Average rain in inches..........................................          37.5''          43.6''          41.6''
----------------------------------------------------------------------------------------------------------------

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

[[Page 65441]]

geology to the south of the proposed viticultural area.

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, ``Lehigh Valley,'' will be recognized as a name of viticultural 
significance. Also, based on the evidence available to us, we find that 
``Lehigh'' alone is locally and/or nationally known as referring to the 
area in the State of Pennsylvania encompassed by the proposed Lehigh 
Valley viticultural area. (See 27 CFR 4.39(i)(3), which provides that a 
name has viticultural significance when determined by a TTB officer.)
    Therefore, the proposed part 9 regulatory text set forth in this 
document specifies both ``Lehigh Valley'' and ``Lehigh'' as terms of 
viticultural significance for purposes of part 4 of the TTB 
regulations. If this proposed text is adopted as a final rule, wine 
bottlers using ``Lehigh Valley'' or ``Lehigh'' 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 claim 
the proposed Lehigh Valley viticultural area as an appellation of 
origin.
    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 as an 
appellation of origin a viticultural area name or other viticulturally 
significant term that 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 viticulturally significant 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 ``Lehigh Valley'' or ``Lehigh'' 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 Lehigh 
Valley viticultural area.
    Different rules apply if a wine has a brand name containing a 
viticultural area name or other viticulturally significant term 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 also are 
interested in receiving comments on the sufficiency and accuracy of the 
name, climatic, boundary, and other required information submitted in 
support of the petition. Please provide any available specific 
information in support of your comments.
    In addition, we are interested in receiving comments on the 
proposal to identify ``Lehigh'' standing alone as a term of 
viticultural significance. Because of the potential impact on approved 
wine labels from the proposed establishment of the Lehigh Valley 
viticultural area and the determination that ``Lehigh'' standing alone 
is viticulturally significant, as discussed above under Impact on 
Current Wine Labels, we are particularly interested in comments 
regarding potential conflicts between ``Lehigh Valley'' or ``Lehigh'' 
and existing brand names. If a commenter believes that a conflict will 
arise, the comment should describe the nature of that conflict, 
including any anticipated negative economic impact that approval of the 
proposed viticultural area will have on an existing viticultural 
enterprise. We also invite suggestions for ways to avoid any conflicts, 
for example by adopting a modified or different name for the 
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 as 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.
     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/wine/wine_rulemaking.shtml. 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 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 the TTB 
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 comments will be posted, including e-mail addresses. We 
may omit

[[Page 65442]]

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/wine/wine_rulemaking.shtml. 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

    N.A. Sutton 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.

    2. Subpart C is amended by adding Sec.  9.------------ to read as 
follows:

Subpart C--Approved American Viticultural Areas


Sec.  9.------------  Lehigh Valley.

    (a) Name. The name of the viticultural area described in this 
section is ``Lehigh Valley''. For purposes of part 4 of this chapter, 
``Lehigh Valley'' and ``Lehigh'' are terms of viticultural 
significance.
    (b) Approved maps. The seven United Stages Geological Survey 
1:50,000 scale topographic maps used to determine the boundary of the 
Lehigh Valley viticultural area are titled:
    (1) Berks County, Pennsylvania, 1978;
    (2) Schuylkill County (West Half), Pennsylvania, 1979;
    (3) Schuylkill County (East Half), Pennsylvania, 1979;
    (4) Carbon County, Pennsylvania, 1991;
    (5) Monroe County, Pennsylvania, 1980;
    (6) Northampton County, Pennsylvania, 1981; and
    (7) Lehigh County, Pennsylvania, 1987.
    (c) Boundary. The Lehigh Valley viticultural area is located in 
portions of Lehigh, Northampton, Berks, Schuylkill, Carbon, and Monroe 
Counties, Pennsylvania. The boundary of the proposed Lehigh Valley 
viticultural area is as described below:
    (1) The beginning point is on the Berks County map at the 
intersection of the Berks-Lancaster County line and the single-track 
Conrail rail line located near Cacoosing Creek in South Heidelberg 
Township;
    (2) From the beginning point, proceed northwest along the Berks 
County line and, crossing onto the Schuylkill County (West Half) map, 
continue northwest along the Schuylkill-Lebanon County line to the 
county line's intersection with the northern boundary of Pine Grove 
township; then
    (3) Proceed northeast along the northern boundary of Pine Grove, 
Washington, and Wayne townships and, crossing onto the Schuylkill 
County (East Half) map, continue along the township boundary to the 
northeast corner of Wayne township, then
    (4) Proceed east-northeasterly in a straight line to the confluence 
of Beaver Creek and Cold Run at the northeast corner of State Game 
Lands No. 222 in Walker township; then
    (5) Proceed north-northeasterly in a straight line to the 1,402-
foot elevation point on Wildcat Mountain in Walker township; then
    (6) Proceed easterly in a straight line, crossing onto the Carbon 
County map, and continue to Bench Mark (BM) 1032 located on Highway 
902, south of the village of Bloomingdale; then
    (7) Proceed east-northeasterly in a straight line to BM 555 located 
immediately east of the Lehigh River in the city of Jim Thorpe; then
    (8) Proceed east-northeasterly in a straight line to the northern 
most point of Lehighton Reservoir; then
    (9) Proceed east-northeasterly in a straight line to the western 
end of the dam at the Penn Forest Reservoir; then
    (10) Proceed easterly in a straight line and, crossing onto the 
Monroe County map, continue to the 847-foot elevation point located at 
the intersection of Highway 534 and an unnamed road locally known as 
Dotters Corner Road in Polk township; then
    (11) Proceed east-northeasterly in a straight line to the 
intersection of Highway 115 and an unnamed secondary road locally known 
as Astolat Road immediately north of the village of Effort; then
    (12) Proceed east-northeasterly in a straight line to St. Johns 
Cemetery, located along Appenzell Creek northwest of the village of 
Neola; then
    (13) Proceed straight northeast to the intersection of Interstate 
80 and an unnamed road locally known as Hamilton Turnpike at the town 
of Bartonsville; then
    (14) Proceed east-southeast along Interstate 80 through Stroudsburg 
to the west bank of the Delaware River; then
    (15) Proceed south (downstream) along the west bank of the Delaware 
River, and, crossing onto the Northampton map, continue south along the 
west bank of the Delaware River to the mouth of Lehigh River at Easton; 
then
    (16) Proceed southwesterly (upstream) along the south bank of the 
Lehigh River, and crossing onto the Lehigh County map, continue along 
the south bank of the Lehigh River to the mouth of Jordan Creek in 
Allentown; then
    (17) Proceed westerly (upstream) along Jordan Creek to the first 
railroad bridge over the creek, and then, following the Conrail rail 
line on that bridge, proceed southerly along the Conrail rail line 
(paralleling Trout Creek at first) through Emmaus, Macungie, and 
Alburtis, and continue along the rail line to the Lehigh-Berks County 
line; then
    (18) Crossing onto the Berks County map, continue southerly along 
the Conrail rail line through Mertztown, Topton, Lyons, Fleetwood, 
Blandon, and Muhlenburg to the Conrail rail bridge across the 
Schuylkill river in Reading; then
    (19) Following the Conrail rail line on the Schuylkill River 
bridge, proceed southerly along the rail line through Wyomissing to the 
rail line's junction with a single-track Conrail rail line in Sinking 
Springs; then
    (20) From the Conrail rail line junction in Sinking Springs, follow 
the single track Conrail rail line through Montello, Fritztown, and 
Vinemont, and return to the beginning point.

    Signed: October 5, 2006.
John J. Manfreda,
Administrator.
 [FR Doc. E6-18895 Filed 11-7-06; 8:45 am]
BILLING CODE 4810-31-P