53300 Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 

(7) Two Rock, California Quadrangle, 

7.5 Minute Series, edition of 1954; 

photorevised 1971; 

(8) Sebastopol, California 

Quadrangle—Sonoma Co., 7.5 Minute 

Series, edition of 1954; photorevised 

1980; 

(9) Santa Rosa, California 

Quadrangle—Sonoma Co., 7.5 Minute 

Series, edition of 1954; and 

(10) Mark West Springs, California 

Quadrangle, 7.5 Minute Series, edition 

of 1998, and 

(11) Jimtown, California Quadrangle—

Sonoma Co., 7.5 Minute Series, edition 

of 1993. 

(c) Boundaries. * * * 

* * * * * 

(8) Proceed southeast along the 

Bohemian Highway, crossing over the 

Camp Meeker map, to the town of 

Freestone, where the highway intersects 

at BM 214 with an unnamed mediumduty road (known locally as Bodega 

Road, section 12, T6N, R10W, on the 

Valley Ford map). 

(9) Proceed 0.9 mile northeast on 

Bodega Road to its intersection, at BM 

486, with Jonvive Road to the north and 

an unnamed light duty road to the 

south, (known locally as Barnett Valley 

Road, T6N, R9W, on the Camp Meeker 

map). 

(10) Proceed 2.2 miles south, and then 

east, on Barnett Valley Road, crossing 

over the Valley Ford map, to its 

intersection with Burnside Road in 

section 17, T6N, R9W, on the Two Rock 

map. 

(11) Proceed 3.3 miles southeast on 

Burnside Road to its intersection with 

an unnamed medium duty road at BM 

375, T6N, R9W, on the Two Rock map. 

(12) Proceed 0.6 mile straight 

southeast to an unnamed 610-foot 

elevation peak, 1.5 miles southwest of 

Canfield School, T6N, R9W, on the Two 

Rock map. 

(13) Proceed 0.75 mile straight eastsoutheast to an unnamed 641-foot 

elevation peak, 1.4 miles southsouthwest of Canfield School, T6N, 

R9W, on the Two Rock map. 

(14) Proceed 0.85 mile straight 

northeast to the intersection with an 

unnamed intermittent stream and 

Canfield Road; continue 0.3 mile 

straight in the same northeast line of 

direction to its intersection with the 

common boundary of Ranges 8 and 9, 

just west of an unnamed unimproved 

dirt road, T6N, on the Two Rock map. 

(15) Proceed 1.8 miles straight north 

along the common Range 8 and 9 

boundary line to its intersection with 

Blucher Creek, T6N, on the Two Rock 

map. 

(16) Proceed 1.25 miles generally 

northeast along Blucher Creek to its 

intersection with Highway 116, also 

known as Gravenstein Highway, in 

section 18, T6N, R8W, on the Two Rock 

map. 

(17) Proceed 0.2 mile straight 

southeast along Highway 116 to its 

intersection with an unnamed light duty 

road to the north in section 18, T6N, 

R8W, on the Two Rock map. 

(18) Proceed 0.1 mile straight 

northwest along the unnamed light duty 

road to its intersection with an 

unnamed medium-duty road to the east, 

(known as Todd Road in section 18, 

T6N, R8W, on the Two Rock map). 

(19) Proceed 4.8 miles east, north, and 

east again along Todd Road, a mediumduty road, crossing over the Sebastopol 

map and then passing over U.S. 

Highway 101 and continuing straight 

east 0.1 mile to Todd Road’s 

intersection with Santa Rosa Avenue, a 

primary road that is generally parallel to 

U.S. Highway 101, in section 2, T6N, 

R8W, on the Santa Rosa map. 

(20) Proceed 5.8 miles generally north 

along Santa Rosa Avenue, which 

becomes Mendocino Avenue, to its 

intersection with an unnamed 

secondary road, known locally as 

Bicentennial Way, 0.3 mile northnorthwest of BM 161 on Mendocino 

Avenue, section 11, T7N, R8W, on the 

Santa Rosa map. 

(21) Proceed 2.5 miles straight north, 

crossing over the 906-foot elevation 

peak in section 35 of the Santa Rosa 

map, to its intersection with Mark West 

Springs Road and the meandering 280- 

foot elevation in section 26, T8N, R8W, 

of the Mark West Springs map. 

(22) Proceed 4.8 miles northnorthwest along Mark West Springs 

Road, which becomes Porter Creek 

Road, to its intersection with Franz 

Valley Road, a light-duty road to the 

north of Porter Creek Road, in section 

12, T8N, R8W, on the Mark West 

Springs map. 

* * * * * 

Signed: July 6, 2005. 

John J. Manfreda, 

Administrator. 

Approved: August 12, 2005. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 05–17758 Filed 9–7–05; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[T.D. TTB–33; Re: Notice No. 33] 

RIN 1513–AA97 

Establishment of the Niagara 

Escarpment Viticultural Area (2004R–

589P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Final rule; Treasury decision. 

SUMMARY: This Treasury decision 

establishes the Niagara Escarpment 

viticultural area in Niagara County, New 

York. 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. 

DATES: Effective October 11, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Sutton, Regulations and 

Procedures Division, Alcohol and 

Tobacco Tax and Trade Bureau, 925 

Lakeville St., No. 158, Petaluma, 

California 94952; telephone (415) 271–

1254. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (the FAA Act, 27 

U.S.C. 201 et seq.) requires that alcohol 

beverage labels provide the consumer 

with adequate information regarding a 

product’s identity and prohibits the use 

of misleading information on such 

labels. The FAA Act also authorizes the 

Secretary of the Treasury to issue 

regulations to carry out its provisions. 

The Alcohol and Tobacco Tax and 

Trade Bureau (TTB) administers these 

regulations. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 

on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) contains the 

list of approved viticultural areas. 

Definition 

Section 4.25(e)(1)(i) of the TTB 

regulations (27 CFR 4.25(e)(1)(i)) defines 

a viticultural area for American wine as 

a delimited grape-growing region 

distinguishable by geographical 

features, the boundaries of which have 

been recognized and defined in part 9 

Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 53301 

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 grapegrowing 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 boundaries prominently marked. 

Niagara Escarpment Petition and 

Rulemaking 

General Background 

Michael Von Heckler of Warm Lake 

Estate Vineyard and Winery petitioned 

TTB for the establishment of an 

American viticultural area to be called 

‘‘Niagara Escarpment’’ in Niagara 

County, New York. The proposed 

18,000-acre viticultural area includes 

approximately 400 acres of vineyards. 

The proposed boundary area runs in a 

narrow 28-mile wide band, starting at 

the village of Johnson Creek, traveling 

west through the towns of Gasport and 

Lockport, and ending at the Niagara 

River at Lewiston. 

Below, we summarize the evidence 

presented in the petition and the 

comments received in response to the 

notice for public comment. 

Name Evidence 

The proposed Niagara Escarpment 

viticultural area derives its name from 

the Niagara Escarpment, a limestone 

ridge that runs for more than 650 miles 

through the Great Lakes region. The 

Niagara Escarpment forms a geological 

horseshoe that begins near Rochester, 

New York, and continues west through 

southern Ontario, Canada, Lake Huron, 

the upper peninsula of Michigan, and 

terminates in eastern Wisconsin. 

The Niagara Escarpment enters 

Niagara County in the east near Johnson 

Creek and then runs west through the 

middle of the county along State Route 

104 to the town of Lewiston. At the west 

end of Niagara County, the escarpment 

crosses the Niagara River Gorge, and 

Niagara Falls is at the head of the gorge. 

Excerpts from Government and travel 

Internet sites discuss the Niagara 

Escarpment in Niagara County. These 

include: 

• A page on the Institute for Local 

Governance and Regional Growth Web 

site that discusses how the Niagara 

River flows over the Niagara Escarpment 

creating Niagara Falls. (See http:// 

www.regional-institute.buffalo.edu/regi/

natu.html) 

• Vintage New York’s Web site states 

that the prime vineyard sites in western 

New York are ‘‘bordered by the Niagara 

River on the west, Lake Ontario on the 

north and the Niagara escarpment on 

the south.’’ (See http:// 

www.vintagenewyork.com/regions/ 

erie.html) 

• The Niagara Tourism and 

Convention Corporation’s Web site 

notes that Niagara Landing Wine 

Cellars, a Niagara County winery, is 

‘‘located at the base of the Niagara 

Escarpment.’’ (See http://www.niagarausa.com/attractions/ 

niagaralanding.html) 

• The Western New York Regional 

Information Network’s Town of Cambria 

Web site describes the town as an 

agricultural town ‘‘divided in the 

middle by the Niagara Escarpment.’’

(See http://www.wnyrin.com/c_niag/ 

welc/juri/juri_cambt) 

In addition, a July 26, 2004, Toronto 

Star newspaper article on New York 

wineries included with the petition 

discusses the Niagara Escarpment, and 

notes that: 

Ontario wine lovers are keenly aware of the 

Niagara Escarpment, and ‘‘the Bench’’

creating a special microclimate for grape 

growing in Niagara. Well, guess what: It 

comes up in New York State on the other 

side of the lake, in Lockport, north of 

Lewiston. 

Boundary Evidence 

The geography of the Niagara 

Escarpment defines the boundary of the 

proposed viticultural area. The 

steepness of the Niagara Escarpment 

makes it topographically distinct from 

the Ontario Plain, which extends from 

the south shore of Lake Ontario to the 

base of the escarpment, and the Huron 

Plain, which begins at the escarpment’s 

crest and extends southward past the 

Niagara County line. 

The Ontario Plain and the Huron 

Plain are relatively flat, with slopes of 

less than 20 feet per mile, according to 

the Soil Survey of Niagara County, New 

York (1972). In contrast, the Niagara 

Escarpment has a steep slope of 106 to 

317 feet per mile. The southern and 

northern boundaries of the proposed 

Niagara Escarpment viticultural area 

encompass the north-facing slope of the 

escarpment between the 600- and 400- 

foot elevation lines. These boundaries 

generally delineate the high and low 

altitudes of the slope within the 

proposed viticultural area boundaries. 

The Niagara River, which forms the 

international boundary line between the 

United States and Canada, also marks 

the western boundary of the proposed 

viticultural area. The portion of the 

Niagara Escarpment that extends west 

from the Niagara River, into the 

Canadian province of Ontario, is 

included in the Niagara Peninsula 

viticultural area, as designated by the 

Government of Canada. 

At the eastern end of Niagara County 

a portion of Johnson Creek, south of the 

village of the same name, forms the 

proposed eastern boundary line. East of 

the creek, elevations at the base of the 

Niagara Escarpment climb from 400 to 

500 feet, and its slope becomes much 

narrower and steeper. The changes in 

topography east of Johnson Creek make 

it less desirable for viticulture. 

Therefore, the petitioner did not include 

the escarpment area east of Johnson 

Creek within the proposed viticultural 

area boundaries. 

Distinguishing Features 

Topography and Soils 

The topography and soils of the 

proposed viticultural area create distinct 

conditions for grape growing as 

compared to the surrounding areas. The 

Ontario and Huron Plains are nearly flat 

with deep soils that can harbor 

excessive water and nutrients. In 

contrast, the Niagara Escarpment has 

shallow soils with poor nutrient 

content, and sufficient sloping (2–6 

percent) to allow for drainage. 

The conditions found in the proposed 

Niagara Escarpment viticultural area—

53302 Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 

well drained soils, sufficient sloping, a 

steady but moderate water supply, and 

restricted mineral content—result in 

grapes with superior pigment and flavor 

compounds in the resultant wine. On 

the other hand, the conditions of the 

surrounding areas beyond the proposed 

boundaries—poor soil drainage and 

high nutrient content—result in grapes 

with less pigmentation, diluted flavors, 

and a lower quality of wine produced. 

As evidence of these soil differences, 

the ‘‘Soil Survey of Niagara County, 

New York’’ states that the central 

portion of Niagara County, along the 

escarpment, contains the Hilton-OvidOntario soil association. It describes this 

association as ‘‘deep, well-drained to 

somewhat poorly drained soil.’’ In 

contrast, the survey states that the 

Ontario Plain north of the escarpment 

contains the Rhinebeck-Ovid-Madalin 

association, which has ‘‘deep, somewhat 

poorly drained to very poorly drained 

soils.’’ The Huron Plain south of the 

escarpment contains the OdessaLakemont-Ovid association, which has 

‘‘deep, somewhat poorly drained to very 

poorly drained soils.’’

Climate 

The location of the proposed Niagara 

Escarpment viticultural area, in relation 

to Lake Ontario, creates a microclimate 

conducive to grape growing. The 

maritime influence of Lake Ontario on 

the Niagara Escarpment allows for 

sufficient heat accumulation for the 

growing season in what is otherwise a 

cool climate. The ‘‘Soil Survey of 

Niagara County, New York,’’ notes that 

Lake Ontario greatly influences the 

climate of Niagara County. The survey 

states, ‘‘In fall the lake waters are a 

source of heat that reduces cooling at 

night and increases the length of [the] 

freeze-free growing season.’’

The climatic relationship between 

Lake Ontario and the Niagara 

Escarpment is discussed in greater 

detail in ‘‘Site Selection for Grapes in 

the Niagara Peninsula,’’ a publication 

issued by the Horticultural Research 

Institute of Ontario to assist grape 

growers in the Niagara Peninsula of 

Canada in selecting the best vineyard 

sites. The climate information of the 

publication can be applied to the 

proposed Niagara Escarpment 

viticultural area, which is adjacent to 

the Niagara Peninsula and shares Lake 

Ontario and the Niagara Escarpment 

with the peninsula. 

According to the site selection 

publication, a unique airflow pattern 

affects the land between Lake Ontario 

and the crest of the escarpment. While 

the land warms quickly on warm days 

and cools rapidly on cool nights, the 

lake temperature changes more slowly. 

In the spring the lake temperature is 

cooler than the temperature of the 

adjacent land, while in the fall the lake 

is warmer than the land. The lakewarmed air rises and draws cooler air in 

from the lakeshore in the fall and 

creates offshore breezes. As a result, the 

site selection publication states, ‘‘the air 

now above the lake is warmed, rises and 

flows back over the land, creating a 

circular heat-pump effect.’’

In the spring and early summer the 

airflow pattern of the lake cools the 

adjacent land. Areas within two miles of 

the lakeshore can have a two-week 

delay in bud break due to the cooling 

effect of the lake. Also, daytime 

temperatures are often cooler because of 

the air currents of the lake. The site 

selection publication notes that ‘‘most 

grape cultivars require a long, warm 

season and fruit quality is sometimes 

poor close to the lake because of lower 

day temperatures.’’ Conversely, the 

proposed Niagara Escarpment 

viticultural area, between 6 and 8 miles 

from Lake Ontario, experiences little or 

no delay in bud break or cooler daytime 

temperatures due to the lake influence. 

The ‘‘Site Selection for Grapes in the 

Niagara Peninsula’’ publication notes: 

‘‘The pattern airflow is altered by the 

slope of the land. With steep slopes, 

cold air drainage is rapid. Flat areas or 

depressions tend to accumulate cold air 

and become ‘frost pockets.’ ’’ For areas 

between the lake and the escarpment, 

this airflow pattern minimizes frost 

conditions and increases heat 

accumulation, thereby extending the 

growing season of the proposed Niagara 

Escarpment viticultural area. Areas 

south of the escarpment do not benefit 

from the effect of the airflow pattern and 

are more prone to frost damage. 

The proposed Niagara Escarpment 

viticultural area has an extended 

ripening season when compared to 

grapes grown outside its boundary. In 

contrast, the areas north of the 

escarpment experience cooling spring 

temperatures that retard growth, while 

areas south of the escarpment are more 

prone to fall frost damage. 

Boundary Description 

See the narrative boundary 

description of the viticultural area in the 

regulatory text published at the end of 

this notice. 

Maps 

The petitioner provided the required 

maps, and we list them below in the 

regulatory text. 

Notice of Proposed Rulemaking and 

Comments Received 

On February 9, 2005, TTB published 

in the Federal Register (70 FR 6792) a 

notice of proposed rulemaking regarding 

the establishment of the Niagara 

Escarpment viticultural area (Notice No. 

33). In that notice, TTB requested 

comments by April 11, 2005, from all 

interested persons. TTB received three 

comments. The first stated concerns 

with the proposed ‘‘Niagara 

Escarpment’’ name, and the second 

constituted a rebuttal from the 

petitioner on the first comment about 

the ‘‘Niagara Escarpment’’ name. 

The first commenter, Steve DeBaker, 

is from a grape-growing region of Door 

and Brown counties in northeast 

Wisconsin that is located on the Niagara 

Escarpment. He explained that the 

escarpment covers a region substantially 

larger than the proposed viticultural 

area in New York and suggested 

amending the proposed viticultural area 

name to ‘‘Niagara Escarpment New 

York.’’ In conjunction with the state 

modifier, Mr. DeBaker expressed 

interest in petitioning for a ‘‘Niagara 

Escarpment Wisconsin’’ viticultural 

area. 

The second comment, by the 

petitioner Michael Von Heckler, argued 

that the Niagara Escarpment viticultural 

area, including its name, should be 

established as originally proposed. Mr. 

Von Heckler explained that a search of 

literature for the ‘‘Niagara Escarpment 

Wisconsin’’ name resulted in 

information about flora, fauna, and 

recreational opportunities. The search 

made no mention of wine grape growing 

within the Niagara Escarpment 

geological boundaries in Wisconsin, 

according to Mr. Von Heckler. Also, the 

Wisconsin Agricultural Statistics 

Service does not publish grape 

production information because the 

amount of grapes produced is too small 

to report. Mr. Von Heckler suggested 

that, at some future time, Mr. DeBaker 

could submit a petition to expand the 

boundary of the Niagara Escarpment 

viticultural area after its establishment. 

TTB, after careful consideration of the 

two comments, believes it is not 

necessary to establish the ‘‘Niagara 

Escarpment’’ viticultural area with the 

‘‘New York’’ geographical modifier. TTB 

believes that if a future petitioner, in 

another area of the Niagara Escarpment, 

submits a new viticultural area petition, 

then a geographical modifier, such as 

Wisconsin, can be added for clarity and 

to avoid consumer confusion. 

TTB also received a third comment on 

the proposed Niagara Escarpment 

viticultural area in New York from 

Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 53303 

Vintners Quality Alliance of Ontario, 

Canada (VQAO) because Canada is 

considering designation of a Niagara 

Escarpment viticultural area in southern 

Ontario. The VQAO Executive Director, 

Laurie Macdonald, believes the two 

Niagara Escarpment viticultural areas, 

one in Canada and one in the United 

States, can co-exist without consumer 

confusion. As she noted, Canadian 

producers must include the name 

Canada as the country of origin on the 

wine label, and wine producers and 

bottlers in Ontario must also include 

‘‘VQA’’ in conjunction with the stated 

appellation term, such as ‘‘Niagara 

Escarpment.’’ In light of these 

comments, we believe that wine 

produced in the Canadian Niagara 

Escarpment viticultural area will not be 

confused with the ‘‘Niagara 

Escarpment’’ wine produced in the 

United States. 

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 

‘‘Niagara Escarpment’’ viticultural area 

in Niagara County, New York, effective 

30 days from this document’s 

publication date. 

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, ‘‘Niagara 

Escarpment,’’ is recognized as a name of 

viticultural significance. Consequently, 

wine bottlers using ‘‘Niagara 

Escarpment’’ 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 name as an 

appellation of origin. 

For a wine to be eligible to use as an 

appellation of origin the name of a 

viticultural area specified in part 9 of 

the TTB regulations, at least 85 percent 

of the grapes used to make the wine 

must have been grown within the area 

represented by that name, 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 

as an appellation of origin and that 

name 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 

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 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 

Nancy Sutton of the Regulations and 

Procedures Division drafted this 

document. 

List of Subjects in 27 CFR Part 9 

Wine. 

The Regulatory Amendment 

■ For the reasons discussed in the 

preamble, we amend 27 CFR, chapter 1, 

part 9 as follows: 

PART 9—AMERICAN VITICULTURAL 

AREAS 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 27 U.S.C. 205. 

Subpart C—Approved American 

Viticultural Areas 

■ 2. Amend subpart C by adding § 9.186 

to read as follows: 

§ 9.186 Niagara Escarpment. 

(a) Name. The name of the viticultural 

area described in this section is 

‘‘Niagara Escarpment’’. For purposes of 

part 4 of this chapter, ‘‘Niagara 

Escarpment’’ is a term of viticultural 

significance. 

(b) Approved Maps. The appropriate 

maps for determining the boundaries of 

the ‘‘Niagara Escarpment’’ viticultural 

area are five United States Geological 

Survey 1:250,000 scale topographic 

maps. They are titled: 

(1) Lewiston, New York—Ontario, 1980; 

(2) Ransomville, New York, 1980; 

(3) Cambria, New York, 1980; 

(4) Lockport, New York, 1980; and 

(5) Gasport, New York, 1979. 

(c) Boundary. The Niagara 

Escarpment viticultural area is located 

in Niagara County, New York. The 

boundary of the Niagara Escarpment 

viticultural area is as described below: 

(1) On the Lewiston map, south of the 

village of Lewiston within the Brydges 

State Artpark, begin on the east bank of 

the Niagara River at the mouth of Fish 

Creek; then 

(2) Proceed north along the east bank 

of the Niagara River about 0.6 mile to 

the northern boundary of the Brydges 

State Artpark; then 

(3) Proceed east along the northern 

boundary of the Brydges State Artpark 

about 0.8 mile to the park’s northeast 

corner, and continue east in a straight 

line a short distance to the Robert Moses 

Parkway; then 

(4) Proceed north along the Robert 

Moses Parkway about 0.25 mile to Ridge 

Road, and then east on Ridge Road 

(State Route 104) about 0.15 mile to the 

road’s first intersection with the 400- 

foot contour line; then 

(5) Continue easterly along the 400- 

foot contour line, through the 

Ransomville map (crossing Model City 

Road, Dickersonville Road, and State 

Route 429) and the Cambria map 

(crossing Baer Road, Plank Road, and 

State Route 93/270), and pass onto the 

Lockport map to the contour line’s 

junction with Sunset Drive; then 

(6) Proceed north on Sunset Drive 0.3 

mile to its intersection with Stone Road, 

then east on Stone Road about 1.25 

miles (crossing Eighteenmile Creek) to 

the intersection of Stone, Purdy, and 

Old Niagara Roads, and continue east 

along Old Niagara Road about 0.4 mile 

to its first intersection with the 400-foot 

contour line; then 

(7) Proceed northeasterly along the 

400-foot contour line to its first junction 

with Slayton Settlement Road, proceed 

east on Slayton Settlement Road to Day 

Road, and then proceed north on Day 

Road to its first junction with the 400- 

foot contour line; then 

(8) Proceed easterly along the 400-foot 

contour line, pass onto the Gasport map 

(crossing Humphrey and Orangeport 

Roads), and continue to the contour 

line’s junction with Quaker Road; then 

(9) Proceed north on Quaker Road 

about 0.4 mile to its intersection with 

State Route 104, and then east on State 

Route 104 to its intersection with 

Johnson Creek (at the village of Johnson 

Creek); then 

53304 Federal Register / Vol. 70, No. 173 / Thursday, September 8, 2005 / Rules and Regulations 

(10) Proceed south along Johnson 

Creek (crossing the Erie Canal), to the 

creek’s junction with Mountain Road; 

then 

(11) Proceed west on Mountain Road 

to its intersection with Gasport Road, 

then south on Gasport Road to its 

intersection with Mill Road, then west 

on Mill Road to its intersection with 

Kayner Road, then north on Kayner 

Road 0.65 mile to its junction with the 

600-foot contour line; then 

(12) Proceed westerly along the 600- 

foot contour line (crossing Cottage Road) 

to its junction with State Route 31, and 

continue west on State Route 31, 

passing onto the Lockport map and 

crossing the Erie Canal within the city 

of Lockport, to the intersection of State 

Route 31 and Upper Mountain Road; 

then 

(13) Proceed north-northwesterly on 

Upper Mountain Road 0.65 mile and 

then northerly on Sunset Drive 0.25 

mile to the junction of Sunset Drive and 

the 600-foot contour line; then 

(14) Proceed westerly along the 600- 

foot contour line, continuing through 

the Cambria map (crossing State Route 

93/270 and then Blackman and Baer 

Roads), through the Ransomville map 

(crossing State Route 429 just north of 

Pekin and then crossing Black Nose 

Spring and Model City Roads), and, 

passing onto the Lewiston map, 

continue westward along the contour 

line (through the Escarpment, Ramsey 

Ridge, and Lewiston Heights 

subdivisions), to the contour line’s 

junction with Mountain View Drive 

(just east of State Highway 104 near the 

Niagara Falls Country Club); then 

(15) Proceed west along Mountain 

View Drive to its intersection with State 

Route 104, and then proceed south on 

State Route 104 to its junction with Fish 

Creek; then 

(16) Proceed westerly along Fish 

Creek and return to the beginning point 

on the east bank of the Niagara River at 

the mouth of Fish Creek. 

Signed: July 8, 2005. 

John J. Manfreda, 

Administrator. 

Approved: August 12, 2005. 

Timothy E. Skud, 

Deputy Assistant Secretary (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 05–17759 Filed 9–7–05; 8:45 am] 

BILLING CODE 4810–31–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[Region II Docket No. R02–OAR–2005–NY–

0002; FRL–7959–1] 

Approval and Promulgation of 

Implementation Plans; Onondaga 

County Carbon Monoxide Maintenance 

Plan Revision; State of New York 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New York. 

This revision will establish an updated 

ten-year carbon monoxide (CO) 

maintenance plan for the Onondaga 

County attainment area. 

Onondaga County was redesignated to 

attainment of the CO National Ambient 

Air Quality Standard (NAAQS) on 

September 29, 1993 and a maintenance 

plan was also approved at that time. By 

this action, EPA is approving the New 

York State Department of 

Environmental Conservation’s (New 

York) second maintenance plan for 

Onondaga County because it provides 

for continued attainment for an 

additional ten years of the CO NAAQS. 

In addition, EPA is approving New 

York’s revised Part 225–3 (Oxygenated 

Gasoline Program provisions). 

DATES: This rule is effective on 

November 7, 2005, without further 

notice, unless EPA receives adverse 

written comment by October 11, 2005. 

If EPA receives such comments, it will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

and inform the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R02–OAR–

2005–NY–0002 by one of the following 

methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/. Regional 

Material in EDocket (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select quick search, then key in 

the appropriate RME Docket 

identification number. Follow the online instructions for submitting 

comments. 

3. E-mail: werner.raymond@epa.gov. 

4. Fax: (212) 637–3901. 

5. Mail: RME ID Number R02–OAR–

2005–NY–0002, Raymond Werner, 

Chief, Air Programs Branch, U.S. 

Environmental Protection Agency, 290 

Broadway, New York, NY 10007–1866. 

6. Hand Delivery or Courier: Deliver 

your comments to: Raymond Werner, 

Chief, Air Programs Branch, U.S. 

Environmental Protection Agency, 290 

Broadway, New York, NY 10007–1866. 

Such deliveries are only accepted 

during the Regional Office’s normal 

hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding Federal holidays. 

Instructions: Direct your comments to 

Regional Material in EDocket (RME) ID 

Number R02–OAR–2005–NY–0002. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

docket.epa.gov/rmepub/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through Regional Material in 

EDocket (RME), regulations.gov, or email. The EPA RME Web site and the 

Federal regulations.gov Web site are 

anonymous access systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

Regional Material in EDocket (RME) 

index at http://docket.epa.gov/rmepub/. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on