[Federal Register: November 8, 2006 (Volume 71, Number 216)]
[Proposed Rules]
[Page 65437-65442]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08no06-21]
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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).
nprm@ttb.gov (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
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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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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)
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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]
[[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''
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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 nprm@ttb.gov. 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