[Federal Register Volume 73, Number 48 (Tuesday, March 11, 2008)]
[Rules and Regulations]
[Pages 12870-12875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4786]


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DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade Bureau

27 CFR Part 9

[T.D. TTB-66; Re: Notice No. 67]
RIN 1513-AB19


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

AGENCY: Alcohol and Tobacco Tax and Trade Bureau, Treasury.

ACTION: Final rule; Treasury decision.

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SUMMARY: This Treasury decision establishes 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

[[Page 12871]]

better identify wines they may purchase.

DATES: Effective Date: April 10, 2008.

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 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.

Lehigh Valley Viticultural Area

Background

    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 
businesses, cities, schools, and the National Highway System. 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 that 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, the American Red Cross of 
the Greater Lehigh Valley, the 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 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

[[Page 12872]]

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.
    The proposed viticultural area is oriented southwest to northeast 
in the approximate shape of a rectangle. The petitioner states that the 
proposed boundary runs for 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 boundary in the north, a 
portion of the 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 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 mean 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 integrate 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
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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
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    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
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                                                                                               Philadelphia
                                        Wilkes-Barre Scranton    Lehigh Valley Airport    International Airport
       Fahrenheit temperatures         Airport (25 miles north    (within the proposed      (45 miles south of
                                          of Lehigh Valley)        viticultural area)         Lehigh Valley)
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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]
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 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

[[Page 12873]]

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 surplus water balance 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 northwestern 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 1,000 feet, according to the petitioner and the USGS maps 
provided. Creeks and several rivers flow 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 consisting of 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 geology to the south of the proposed 
viticultural area.

Notice of Proposed Rulemaking and Comments Received

    TTB published Notice No. 67 regarding the proposed Lehigh Valley 
viticultural area in the Federal Register (71 FR 65437) on November 8, 
2006. We received no comments in response to that notice.

TTB Finding

    After careful review of the petition, TTB finds that the evidence 
submitted supports the establishment of the proposed viticultural area. 
Therefore, under the authority of the Federal Alcohol Administration 
Act and part 4 of our regulations, we establish the Lehigh Valley 
American viticultural area in southeastern Pennsylvania in portions of 
Lehigh, Northampton, Berks, Schuylkill, Carbon, and Monroe Counties, 
effective 30 days from the publication date of this document.

Boundary Description

    See the narrative boundary description of the viticultural area in 
the regulatory text published at the end of this document.

Maps

    The maps for determining the boundary of the viticultural area are 
listed below in the 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. With the establishment of this viticultural area and 
its inclusion in part 9 of the TTB regulations, its name, ``Lehigh 
Valley,'' is recognized under 27 CFR 4.39(i)(3) as a name of 
viticultural significance. In addition, the name ``Lehigh'' standing 
alone will be considered a term of viticultural significance because

[[Page 12874]]

consumers and vintners could reasonably attribute the quality, 
reputation, or other characteristic of wine made from grapes grown in 
the Lehigh Valley viticultural area to the name Lehigh itself. The text 
of the new regulation clarifies these points. Consequently, 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, must ensure that the product is eligible to use the 
viticultural area's full name or ``Lehigh'' as an appellation of 
origin.
    For a wine to be labeled with a viticultural area name or with a 
brand name that includes a viticultural area name or other term 
specified as having viticultural significance 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 of viticultural significance as an appellation of 
origin and that name or other 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 of viticultural significance appears in another 
reference on the label in a misleading manner, the bottler would have 
to obtain approval of a new label.
    Different rules apply if a wine has a brand name containing a 
viticultural area name or other term of viticultural significance that 
was used as a brand name on a label approved before July 7, 1986. See 
27 CFR 4.39(i)(2) for details.

Regulatory Flexibility Act

    We certify that this regulation will not have a significant 
economic impact on a substantial number of small entities. This 
regulation imposes no new reporting, recordkeeping, or other 
administrative requirement. Any benefit derived from the use of a 
viticultural area name is 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 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.

The Regulatory Amendment

0
For the reasons discussed in the preamble, we amend 27 CFR, chapter I, 
part 9, as follows:

PART 9--AMERICAN VITICULTURAL AREAS

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 27 U.S.C. 205.

Subpart C--Approved American Viticultural Areas

0
2. Amend subpart C by adding Sec.  9.210 to read as follows:


Sec.  9.210  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 northern boundary of Wayne 
Township to the northeast corner of that 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 know 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 County 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

[[Page 12875]]

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: April 4, 2007.
John J. Manfreda,
Administrator.
    Approved: November 16, 2007.
Timothy E. Skud,
Deputy Assistant Secretary, (Tax, Trade, and Tariff Policy).

    Editorial Note: This document was received at the Office of the 
Federal Register on March 6, 2008.
[FR Doc. E8-4786 Filed 3-10-08; 8:45 am]
BILLING CODE 4810-31-P