Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Rules and Regulations 6165 

all provisions in §§ 1.181–1T through 

1.181–5T to the productions. 

(c) Special rules for returns filed for 

prior taxable years. If before March 12, 

2007, an owner of a film or television 

production began principal photography 

(or ‘‘in-between’’ animation) for the 

production after October 22, 2004, and 

filed its original Federal income tax 

return for the year such costs were first 

paid or incurred without making an 

election under section 181 for the costs 

of the production, and if the taxpayer 

wants to make an election under section 

181 for such taxable year, see § 1.181–

2T(e) for the time and manner of making 

the election. 

PART 602—OMB CONTROL NUMBERS 

UNDER THE PAPERWORK 

REDUCTION ACT 

■ Par. 3. The authority citation for part 

602 continues to read as follows: 

Authority: 26 U.S.C. 7805. 

■ Par. 4. In § 602.101, paragraph (b) is 

amended by adding the following entry 

in numerical order to the table to read 

as follows: 

§ 602.101 OMB Control numbers. 

* * * * * 

(b) * * * 

CFR part or section where 

identified and described 

Current OMB 

control No. 

* * * * * 

1.181–1T and 1.181–2T ....... 1545–2059 

* * * * * 

Kevin M. Brown, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: February 1, 2007. 

Eric Solomon, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. E7–2154 Filed 2–8–07; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[T.D. TTB–58; Re: Notice No. 59] 

RIN 1513–AB13 

Establishment of the Outer Coastal 

Plain Viticultural Area (2003R–166P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau (TTB), Treasury. 

ACTION: Final rule; Treasury decision. 

SUMMARY: This Treasury decision 

establishes the Outer Coastal Plain 

viticultural area in southeastern New 

Jersey. The viticultural area consists of 

approximately 2,255,400 acres and 

includes all of Cumberland, Cape May, 

Atlantic, and Ocean Counties and 

portions of Salem, Gloucester, Camden, 

Burlington, and Monmouth Counties. 

We designate viticultural areas to allow 

bottlers to better describe the origin of 

their wines and to allow consumers to 

better identify the wines they may 

purchase. 

DATES: Effective Date: March 12, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Berry, Alcohol and Tobacco 

Tax and Trade Bureau, Regulations and 

Rulings Division, P.O. Box 18152, 

Roanoke, VA 24014; telephone 540–

344–9333. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (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 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 boundary prominently marked. 

Rulemaking Proceedings 

Outer Coastal Plain Petition 

James Quarella of Bellview Winery, 

Landisville, New Jersey, petitioned TTB 

to establish the ‘‘Outer Coastal Plain’’ as 

an American viticultural area in 

southeastern New Jersey. The proposed 

viticultural area covers approximately 

2,255,400 acres and includes all of 

Cumberland, Cape May, Atlantic, and 

Ocean Counties and portions of Salem, 

Gloucester, Camden, Burlington, and 

Monmouth Counties. According to the 

petitioner, the area currently includes 

thirteen wineries, several vineyards, and 

approximately 750 acres planted to 

vines. We summarize below the 

evidence submitted in support of the 

petition. 

Name Evidence 

The Outer Coastal Plain is one of five 

defined physiographic regions of New 

Jersey. The other regions are the Inner 

Coastal Plain, the Newark Basin 

Piedmont, the Highlands, and the 

Appalachian Valley and Ridge. 

The Outer Coastal Plain includes most 

of the State’s Atlantic coastline and the 

area known as the ‘‘Pinelands’’ or ‘‘Pine 

Barrens.’’ The petitioner states that most 

geology reference sources and such 


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government entities as the New Jersey 

Department of Environmental 

Protection, USGS, and the United States 

Department of Agriculture (USDA), call 

the region the ‘‘Outer Coastal Plain.’’

As evidence that the proposed 

viticultural area is known locally and 

nationally by this name, the petitioner 

submitted several documents that 

identify the area as the ‘‘Outer Coastal 

Plain.’’ These documents included—

• A map from a National Park Service 

Web site showing landform regions in 

New Jersey, at http://www.cr.nps.gov/ 

history/online_books/nj2/chap1.htm; 

• A map entitled ‘‘Geographic 

Boundaries of the Outer Coastal Plain 

(OCP) of New Jersey,’’ issued by the 

New Jersey Department of 

Environmental Protection; and 

• A list of native trees and shrubs for 

the Outer Coastal Plain on the Web site 

of the New Jersey Agricultural 

Experiment Station/Cook College, 

Rutgers, The State University of New 

Jersey, at http://www.rce.rutgers.edu/ 

njriparianforestbuffers/ 

nativeOUTER.htm. 

Both the Outer Coastal Plain and the 

Inner Coastal Plain comprise the 

extensive, seaward-sloping Atlantic 

Coastal Plain. The Atlantic Coastal Plain 

stretches about 2,200 miles along the 

coast of the Eastern United States, from 

Massachusetts to Florida. 

Boundary Evidence 

The Outer Coastal Plain encompasses 

the southeastern part of the State of New 

Jersey. The proposed viticultural area is 

roughly triangular in shape and 

comprises the most easterly and 

southerly portions of New Jersey, 

including most of the State’s Atlantic 

coastline and the area known as the 

‘‘Pinelands’’ or ‘‘Pine Barrens.’’

According to the petitioner, the 

geographical and geological features that 

define the boundaries of the proposed 

viticultural area clearly distinguish it 

from surrounding areas. The proposed 

viticultural area’s proximity to the 

Atlantic Ocean and Delaware Bay 

greatly influences its climate and its 

geographical and geological features, 

such as soils and underlying sediments. 

These features are described in greater 

detail in the following section. 

The Atlantic Ocean coastline, 

including its barrier islands, forms the 

proposed viticultural area’s eastern 

boundary, and Delaware Bay forms its 

southern boundary. The diagonal 

western boundary is immediately east of 

a belt of low hills, called cuestas. These 

cuestas, which extend in a northeasterly 

direction from the Delaware River 

lowlands in the southwest to the 

Atlantic Highlands overlooking Raritan 

Bay in the northeast, separate the 

proposed viticultural area from the 

Inner Coastal Plain. The diagonal 

western boundary meets the eastern 

boundary within the city of Long 

Branch, New Jersey, on the Atlantic 

coastline. 

As historical evidence for these 

proposed boundaries, the petitioner 

cited the area’s long viticultural history. 

According to evidence that the 

petitioner submitted, viticulture 

flourished in the area as early as the 

mid-19th century. Egg Harbor City, New 

Jersey, was the center of a thriving wine 

industry with hundreds of acres of 

grapes. In 1864, Louis Renault 

established Renault Winery in Egg 

Harbor City, where he found the soils 

and climate to be similar to those of his 

native Rheims, France. Today, Renault 

Winery is one of the oldest, continuous 

winery operations in the United States. 

Around the same time, Dr. Thomas 

Welch founded the U.S. grape juice 

industry in Vineland, New Jersey, with 

a product that became known as 

Welch’s Grape Juice. Although 

Prohibition devastated the area’s 

wineries, the wine industry has made a 

strong comeback in recent years, due 

largely to the New Jersey Farm Winery 

Act of 1981. The number of wineries in 

the State jumped from 9 in 1981 to 27 

today, 13 of which are in the proposed 

viticultural area. 

Distinguishing Features 

Soils and Geology. The petitioner 

asserts that the soils and geology of the 

proposed viticultural area clearly 

distinguish it from surrounding areas. 

Despite its large landmass, the Outer 

Coastal Plain has remarkably uniform, 

well drained sandy soils that derived 

from unconsolidated sediments. The 

relatively low fertility and low pH of 

these soils, the petitioner notes, are 

favorable for grape growing. In contrast 

to the soils of the Outer Coastal Plain, 

the fine, silty soils of the Inner Coastal 

Plain to the west have both higher 

fertility and higher pH and the soils to 

the north are dense and rocky, and are 

derived from bedrock. 

As evidence of the proposed 

viticultural area’s distinctive geology, 

the petitioner submitted the ‘‘Geologic 

Map of New Jersey.’’ Published by the 

State’s Department of Environmental 

Protection, this map clearly shows that 

most of the Outer Coastal Plain is 

underlain by unconsolidated deposits of 

sand, silt, and clay of the Tertiary 

period and that a small coastal fringe 

consists of beach and estuarine deposits 

of the Holocene epoch. The parent 

material of soils in other parts of the 

State formed in later geologic periods. 

The Inner Coastal Plain, in contrast, is 

underlain by sand, silt, and clay of the 

Cretaceous period, and the northern 

regions of the State are underlain by 

sedimentary, igneous, and metamorphic 

rocks of still later geologic periods. 

According to the petitioner, a unique 

feature of the proposed viticultural area 

is its significant aquifers, particularly 

the Cohansey aquifer, the largest 

freshwater aquifer in the mid-Atlantic 

region. The petitioner states that this 

aquifer is so important to the region’s 

drainage and water supply that it was 

one reason the Pinelands National 

Reserve was created as a federally 

protected area. The Cohansey aquifer is 

part of the 1.93-million-acre KirkwoodCohansey aquifer system, the borders of 

which nearly correspond to those of the 

proposed viticultural area. The 

Cohansey and other aquifers, the 

petitioner notes, provide an abundant 

source of water for the proposed 

viticultural area’s vineyards. In contrast 

to the Outer Coastal Plain, the adjacent 

Inner Coastal Plain has smaller, 

confined aquifers, mostly in the 

Potomac-Raritan-Magothy aquifer 

system. 

Elevation. The petitioner states that 

the proposed viticultural area’s 

elevation is another feature that 

distinguishes it from adjacent areas. 

According to an elevation map issued 

by the New Jersey Geological Survey, 

almost the entire area has elevations of 

less than 280 feet above sea level, and 

most of the area has elevations 

significantly below that height. The 

petitioner notes that the proposed 

viticultural area’s low elevation and 

proximity to the Atlantic Ocean are 

moderating influences on its climate, as 

described below. Elevations in the other 

regions of New Jersey are higher. 

Elevations in the northwestern part of 

the State, for example, range from 1,300 

to 1,680 feet. 

Climate. According to the petitioner, 

the climate of the Outer Coastal Plain is 

strongly influenced by the Atlantic 

Ocean to the east and Delaware Bay to 

the south. Because of this maritime 

influence on its climate, the proposed 

viticultural area is generally warmer, 

has a longer growing season, and has 

more moderate temperatures than areas 

to the west and north. As evidence of 

the maritime influence, the petitioner 

submitted a USDA plant hardiness zone 

map of New Jersey and noted that the 

proposed viticultural area is in zones 

6B, 7A, or 7B, whereas areas to the 

north and west are in cooler zones and 

have shorter growing seasons. The 

petitioner also submitted a climate 

overview published on the Web site of 

the New Jersey State Climatologist at 


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http://climate.Rutgers.edu/stateclim_v1/ 

njclimoverview.html. The overview 

shows that the proposed viticultural 

area has between 190 and 217 freezefree days per year. In contrast, the 

Highlands region to the north averages 

163 freeze-free days and the central 

Piedmont region averages 179 freezefree days. The petitioner notes that 

because of these climatic differences, 

more temperature-sensitive grape 

varieties may be grown in vineyards 

within the proposed viticultural area 

than in vineyards in other adjacent 

regions. 

Notice of Proposed Rulemaking 

On July 3, 2006, TTB published a 

notice of proposed rulemaking regarding 

the establishment of the Outer Coastal 

Plain viticultural area in the Federal 

Register (71 FR 37870) as Notice No. 59. 

In that notice, TTB invited comments by 

September 1, 2006, from all interested 

persons. We expressed particular 

interest in receiving comments on 

whether the proposed area name would 

result in a conflict with currently used 

brand names and whether the name 

‘‘New Jersey Outer Coastal Plain’’ would 

more appropriately identify the 

proposed viticultural area. We received 

no comments on these or any other 

issues 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 

‘‘Outer Coastal Plain’’ viticultural area 

in the State of New Jersey 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 final rule. 

Maps 

The petitioner provided the required 

maps, and we list them 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, ‘‘Outer Coastal 

Plain,’’ is recognized under 27 CFR 

4.39(i)(3) as a name of viticultural 

significance. The text of the new 

regulation clarifies this point. 

Consequently, wine bottlers using 

‘‘Outer Coastal Plain ‘‘ in a brand name, 

including a trademark, or in another 

label reference as to the origin of the 

wine, must ensure that the product is 

eligible to use the viticultural area’s 

name 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 identified as 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). 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. 

Regulatory Flexibility Act 

We certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities. 

The 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 

Jennifer Berry of the Regulations and 

Rulings Division drafted this document. 

List of Subjects in 27 CFR Part 9 

Wine. 

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. Subpart C is amended by adding 

§ 9.207 to read as follows: 

§ 9.207 Outer Coastal Plain. 

(a) Name. The name of the viticultural 

area described in this section is ‘‘Outer 

Coastal Plain’’. For purposes of part 4 of 

this chapter, ‘‘Outer Coastal Plain’’ is a 

term of viticultural significance. 

(b) Approved maps. The appropriate 

maps for determining the boundary of 

the Outer Coastal Plain viticultural area 

are seven United States Geological 

Survey topographic maps. They are 

titled—

(1) Wilmington, Delaware-New JerseyPennsylvania-Maryland, 1984, 

1:100,000 scale; 

(2) Hammonton, New Jersey, 1984, 

1:100,000 scale; 

(3) Trenton, New Jersey-PennsylvaniaNew York, 1986, 1:100,000 scale; 

(4) Long Branch, New Jersey, 1954, 

photorevised 1981, 1:24,000 scale; 

(5) Atlantic City, New Jersey, 1984, 

1:100,000 scale; 

(6) Cape May, New Jersey, 1981, 

1:100,000 scale; and 

(7) Dover, Delaware-New JerseyMaryland, 1984, 1:100,000 scale. 

(c) Boundary. The Outer Coastal Plain 

viticultural area includes all of 

Cumberland, Cape May, Atlantic, and 

Ocean Counties and portions of Salem, 

Gloucester, Camden, Burlington, and 

Monmouth Counties in the State of New 

Jersey. The boundary of the Outer 

Coastal Plain viticultural area is as 

described below. 

(1) The beginning point is on the 

Wilmington map at the confluence of 

Alloway Creek with the Delaware River 

(within Mad Horse Creek State Wildlife 

Management Area) in Salem County; 

(2) From the beginning point, proceed 

northeasterly in a straight line to the 

village of Hagerville; then 

(3) Continue north on an unnamed 

road locally known as County Road (CR) 

658 to its intersection with State Route 

(SR) 49; then 

(4) Proceed northwesterly on SR 49 to 

its intersection with SR 45 in the center 

of the town of Salem; then 

(5) Proceed northeasterly on SR 45 to 

its intersection with SR 540 at the 

village of Pointers; then 

(6) Proceed north on SR 540 into the 

village of Slapes Corner; then 

(7) Proceed northeasterly on an 

unnamed road locally known as CR 646 

to its intersection with the New Jersey 

Turnpike near the village of Auburn; 

then 

(8) Proceed northeasterly on the New 

Jersey Turnpike for approximately 18 


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6168 Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Rules and Regulations 

miles to its intersection with SR 47; 

then 

(9) Proceed south on SR 47 for 

approximately 0.5 mile to its 

intersection with SR 534 at the village 

of Gardenville Center; then 

(10) Proceed southeasterly through 

Gardenville Center on SR 534 to its 

intersection with SR 544; then 

(11) Proceed northeasterly on SR 544 

to its intersection with SR 73 on the 

Hammonton map; then 

(12) Proceed north-northwesterly on 

SR 73 to its intersection with SR 70 in 

Cropwell; then 

(13) Proceed east on SR 70 to its 

intersection with U.S. 206 in Red Lion; 

then 

(14) Proceed north on U.S. 206, onto 

the Trenton map, to the intersection of 

U.S. 206 and an unnamed road locally 

known as CR 537, in the village of 

Chambers Corner; then 

(15) Proceed northeasterly on CR 537, 

through the village of Jobstown; then 

(16) Continue northeasterly on CR 

537, through the villages of Smithburg 

and Freehold, to its intersection with SR 

18, east-northeast of Freehold; then 

(17) Proceed easterly on SR 18 to its 

intersection with the Garden State 

Parkway; then 

(18) Proceed north on the Garden 

State Parkway to its intersection with 

SR 36 and proceed east along SR 36 

onto the Long Branch map; then 

(19) Using the Long Branch map, 

continue east on SR 36 to where it 

intersects with Joline Avenue; then 

(20) Proceed northeasterly on Joline 

Avenue to the Atlantic Ocean shoreline; 

then 

(21) Follow the Atlantic Ocean 

shoreline south, encompassing all 

coastal islands, onto the Trenton, 

Hammonton, Atlantic City, and Cape 

May maps, to the city of Cape May; then 

(22) Proceed west, then north, along 

the eastern bank of the Delaware River, 

onto the Atlantic City, Dover, and 

Wilmington maps to the beginning 

point. 

Dated: December 4, 2006. 

John J. Manfreda, 

Administrator. 

Approved: January 29, 2007. 

Timothy E. Skud, 

Deputy Assistant Secretary, (Tax, Trade, and 

Tariff Policy). 

[FR Doc. 07–575 Filed 2–8–07; 8:45 am] 

BILLING CODE 4810–31–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 155 

[USCG–1998–3417] 

RIN 1625–AA19 

Salvage and Marine Firefighting 

Requirements; Vessel Response Plans 

for Oil 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule; partial suspension of 

regulation. 

SUMMARY: Current vessel response plan 

regulations require the owners or 

operators of vessels carrying Groups I 

through V petroleum oil as a primary 

cargo to identify in their response plans 

a salvage company with expertise and 

equipment, and a company with 

firefighting capability that can be 

deployed to a port nearest to the vessel’s 

operating area within 24 hours of 

notification (Groups I–IV) or a discovery 

of a discharge (Group V). On January 23, 

2004, a notice of suspension was 

published in the Federal Register, 

suspending the 24-hour requirement 

scheduled to become effective on 

February 12, 2004, until February 12, 

2007 (69 FR 3236). The Coast Guard has 

decided to extend this suspension 

period for another two years to allow us 

to complete the rulemaking that will 

revise the salvage and marine 

firefighting requirements. 

DATES: This extension is effective as of 

February 12, 2007. Termination of the 

suspension will be on February 12, 

2009. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–1998–3417 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Web Site: http://dms.dot.gov; 

(2) Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Washington, DC 

20590–0001; 

(3) Fax: 202–493–2251; 

(4) Delivery: Room PL–401 on the 

Plaza level of the Nassif Building, 400 

Seventh, Street SW., Washington, DC, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The telephone number is 202–366–

9329; or 

(5) Federal eRulemaking Portal: 

http://www.regulations.gov. 

The Docket Management Facility 

maintains the public docket for this 

rulemaking. Comments and material 

received from the public will become 

part of this docket and will be available 

for inspection or copying at room PL–

401 on the Plaza level of the Nassif 

Building at the same address between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. You 

may also access this docket on the 

Internet at http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule or the 

partial suspension of regulations, call 

Lieutenant Commander Reed Kohberger, 

Office of Standards Evaluation and 

Development, Coast Guard 

Headquarters, telephone 202–372–1471, 

or via e-mail: 

Reed.H.Kohberger@uscg.mil. For 

questions on viewing or submitting 

material to the docket, call Ms. Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–493–0402. 

SUPPLEMENTARY INFORMATION: 

Background and Regulatory History 

Requirements for salvage and marinefirefighting resources in vessel response 

plans have been in place since February 

5, 1993 (58 FR 7424). The existing 

requirements are general. The Coast 

Guard did not originally develop 

specific requirements because each 

salvage and marine firefighting response 

for an individual vessel is unique, due 

to the vessel’s size, construction, 

operating area, and other variables. The 

Coast Guard’s intent was to rely on the 

planholder to prudently identify 

contractor resources to meet their needs. 

The Coast Guard anticipated that the 

significant benefits of a quick and 

effective salvage and marine-firefighting 

response would be sufficient incentive 

for industry to develop salvage and 

marine firefighting capability parallel to 

the development of oil spill removal 

organizations. 

Early in 1997, it became apparent that 

there was disagreement among 

planholders, salvage and marinefirefighting contractors, maritime 

associations, public agencies, and other 

stakeholders as to what constituted 

adequate salvage and marine-firefighting 

resources. There was also concern as to 

whether these resources could respond 

to the port nearest to the vessel’s 

operating area within 24 hours. 

On June 24, 1997, a notice of meeting 

was published in the Federal Register 

(62 FR 34105) announcing a workshop 

to solicit comments from the public on 

potential changes to the salvage and 

marine-firefighting requirements 

currently found in 33 CFR part 155. 

A public workshop was held on 

August 5, 1997, to address issues related 


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