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During the comment period, we also Regulatory Flexibility Act Authority: 5 U.S.C. 552(a); 26 U.S.C. 5001, 5008, 5041, 5042, 5044, 5061, 5062, 5081, received an informal verbal comment Pursuant to the Regulatory Flexibility from a wine industry member who felt 5111’5113, 5121, 5122, 5142, 5143, 5173, Act (5 U.S.C. 601 et seq.), we certify that 5206, 5214, 5215, 5351, 5353, 5354, 5356, that the proposed regulatory language implementation of this regulation will 5357, 5361, 5362, 5364’5373, 5381’5388, for § 24.203 was confusing. We agree not have a significant economic impact 5391, 5392, 5511, 5551, 5552, 5661, 5662, and have changed the structure of this on a substantial number of small 5684, 6065, 6091, 6109, 6301, 6302, 6311, paragraph. We have not, however, business entities. We expect no negative 6651, 6676, 7011, 7302, 7342, 7502, 7503, altered the meaning. impact on small entities and are not 7606, 7805, 7851; 31 U.S.C. 9301, 9303, 9304, 9306. We do not adopt the suggestion of Mr. enacting new reporting, recordkeeping, Myers to create a separate category for or other administrative requirements. I 4. Amend § 24.202 by revising the last low-alcohol honey wines. No separate Accordingly, a regulatory flexibility sentence to read as follows: category exists for low-alcohol grape or analysis is not required. fruit wines. Therefore, we see no need § 24.202 Dried fruit. to have one for agricultural wines. Executive Order 12866 * * * After complete fermentation or Also, the terms proposed by Mr. This rule is not a significant complete fermentation and sweetening, Myers, ‘‘light honey wine’’ and ‘‘honey regulatory action, as defined in the finished product may not have a wine varietal,’’ have other connotations Executive Order 12866. Therefore, it total solids content that exceeds 35 that could cause consumer confusion requires no regulatory analysis. degrees Brix. (26 U.S.C. 5387) when they are used in labeling wines. Drafting Information I 5. Revise § 24.203 to read as follows: Section 4.21(a)(2) of the TTB regulations currently allows use of the term ‘‘light’’ The principal author of this document § 24.203 Honey wine. on labels of grape wines that are less is Jennifer Berry, Regulations and (a) Subject to paragraph (b) of this than 14 percent alcohol by volume. This Procedures Division, Alcohol and section, a winemaker, in the production authorization encompasses wines that Tobacco Tax and Trade Bureau. of wine from honey, may add the are not usually considered low-alcohol. List of Subjects following: Creating a different meaning for ‘‘light’’ (1) Water to facilitate fermentation, honey wines could confuse consumers. 27 CFR Part 4 provided the density of the honey and In addition, we feel that the consumer Advertising, Customs duties and water mixture is not reduced below 13 associates the word ‘‘varietal’’ with inspection, Imports, Labeling, Packaging degrees Brix; grape varieties, not with agricultural and containers, Reporting and (2) Hops in quantities not to exceed products. In Notice No. 13, we stated recordkeeping requirements, Trade one pound for each 1,000 pounds of that we would reconsider the creation of practices, Wine. honey; and a separate category if we received (3) Pure, dry sugar or honey for 27 CFR Part 24 sufficient comments that favor such a sweetening. Sugar may be added only change over the lowering of the Administrative practice and after fermentation is completed. minimum Brix. We received no procedure, Claims, Electronic funds (b) After complete fermentation or comments addressing this issue. transfers, Excise taxes, Exports, Food complete fermentation and sweetening, additives, Fruit juices, Labeling, the wine may not have an alcohol Technical Correction Liquors, Packaging and containers, content of more than 14 percent by While reviewing the regulations Reporting and recordkeeping volume or a total solids content that relating to agricultural wines, we noted requirements, Research, Scientific exceeds 35 degrees Brix. (26 U.S.C. a technical error in § 4.21(f)(1)(i) of the equipment, Spices and flavorings, 5387) TTB regulations, which states that Surety bonds, Vinegar, Warehouses, Signed: November 18, 2004. ameliorated agricultural wines may not Wine. Arthur J. Libertucci, have an alcohol content of more than 13 Amendments to the Regulations Administrator. percent by volume that is derived from fermentation. This 13 percent limit is I For the reasons discussed in the Approved: November 24, 2004. inconsistent with the IRC’s treatment of preamble, we amend 27 CFR parts 4 and Timothy E. Skud, other types of ameliorated wines. While 24 as follows: Deputy Assistant Secretary, (Tax, Trade, and the IRC does not contain a limit on Tariff Policy). PART 4—LABELING AND alcohol content for ameliorated [FR Doc. 05–911 Filed 1–14–05; 8:45 am] ADVERTISING OF WINE agricultural wines, it gives a 14 percent BILLING CODE 4810–31–P limit for ameliorated fruit and berry I 1. The authority citation for 27 CFR wines. Until corrected by T.D. ATF–458, part 4 continues to read as follows: §§ 4.21(d)(1)(i) and (e)(1)(i), the DEPARTMENT OF THE TREASURY standards of identity for citrus and fruit Authority: 27 U.S.C. 205, unless otherwise wines respectively, also contained an noted. Alcohol and Tobacco Tax and Trade incorrect limit of 13 percent. In order to § 4.21 [Amended] Bureau establish consistency for all classes of I 2. Amend § 4.21 by removing the wine, we amend § 4.21(f)(1)(i) to raise 27 CFR Part 9 phrase ‘‘13 percent’’ where it appears in the alcohol content limit on ameliorated the proviso in paragraph (f)(1)(i) and [TTB T.D.–22; Re: Notice No. 12] agricultural wines to 14 percent. Note adding in its place the phrase ‘‘14 that § 4.21(f)(1)(i) addresses only RIN 1513–AA63 percent’’. ameliorated agricultural wines and does Establishment of the McMinnville not prohibit the production of PART 24—WINE Viticultural Area (2002R–217P) nonameliorated agricultural wines that are greater than 14 percent alcohol by I 3. The authority citation for part 24 AGENCY: Alcohol and Tobacco Tax and volume. continues to read as follows: Trade Bureau (TTB), Treasury.

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ACTION: Final rule; Treasury decision. Requirements eliminate the 800-foot elevation Section 4.25(e)(2) of the TTB restriction, stating that he agreed with SUMMARY: This Treasury decision regulations outlines the procedure for the information presented by the establishes the McMinnville viticultural Lindsays in their comments. These area in Yamhill County, Oregon. The proposing an American viticultural area and provides that any interested party comments are addressed in more detail new McMinnville viticultural area is below in the ‘‘Boundary Evidence’’ may petition TTB to establish a grape- entirely within the existing Willamette discussion. growing region as a viticultural area. Valley viticultural area. We designate Below, we summarize the evidence viticultural areas to allow vintners to Section 9.3(b) of the TTB regulations presented in the petition. better describe the origin of their wines requires the petition to include— • Name Evidence and to allow consumers to better Evidence that the proposed identify wines they may purchase. viticultural area is locally and/or The viticultural area is named for the nationally known by the name specified city of McMinnville, the county seat of EFFECTIVE DATE: March 21, 2005. in the petition; Yamhill County, which is located at the FOR FURTHER INFORMATION CONTACT: • Historical or current evidence that northeastern border of the viticultural Jennifer Berry, Regulations and supports setting the boundary of the area. Mr. Byrd stated that the area is Procedures Division, Alcohol and proposed viticultural area as the considered part of greater McMinnville Tobacco Tax and Trade Bureau, P.O. petition specifies; and noted that most of the wineries Box 18152, Roanoke, VA 24014; • Evidence relating to the within the proposed boundaries have telephone (540) 344–9333. geographical features, such as climate, McMinnville addresses. He provided SUPPLEMENTARY INFORMATION: soils, elevation, and physical features, historical information on the name that distinguish the proposed ‘‘McMinnville’’ from ‘‘Oregon Background on Viticultural Areas viticultural area from surrounding areas; Geographic Names’’ by Lewis L. • TTB Authority A description of the specific McArthur (Oregon Historical Society, boundary of the proposed viticultural 1982). Mr. McArthur stated: Section 105(e) of the Federal Alcohol area, based on features found on United Administration Act (the FAA Act, 27 McMinnville was named by William T. States Geological Survey (USGS) maps; Newby, who was born in McMinnville, U.S.C. 201 et seq.) requires that alcohol and Warren County, Tennessee, in 1820, and beverage labels provide the consumer • A copy of the appropriate USGS came to Oregon in 1843. He settled near the with adequate information regarding a map(s) with the proposed viticultural present site of McMinnville early in 1844, product’s identity and prohibits the use area’s boundary prominently marked. and in 1853 built a grist mill and founded the of misleading information on such town. In 1854 he started a store. He was labels. The FAA Act also authorizes the McMinnville Viticultural Area Petition county assessor in 1848 and state senator in Secretary of the Treasury to issue In 2002, Mr. Kevin Byrd, of 1870. McMinville post office was established regulations to carry out its provisions. on May 29, 1855, with Elbrige G. Edson Youngberg Hill Vineyards in postmaster. The name was later changed to The Alcohol and Tobacco Tax and McMinnville, Oregon, filed a petition the present spelling. Trade Bureau (TTB) administers these requesting the establishment of a According to the petitioner, regulations. viticultural area to be called consumers know McMinnville as a Part 4 of the TTB regulations (27 CFR ‘‘McMinnville’’ in Yamhill County, wine-producing region. To demonstrate part 4) allows the establishment of Oregon. The proposed viticultural area this, he submitted several quotes from definitive viticultural areas and the use is located approximately 40 miles Internet sites. The first quote is from the of their names as appellations of origin southwest of Portland, Oregon, just west Web site of the Greater McMinnville on wine labels and in wine of the city of McMinnville and north of Chamber of Commerce; the other two advertisements. Part 9 of the TTB the village of Sheridan. The are from travel sites: regulations (27 CFR part 9) contains the McMinnville area is entirely within the • ‘‘Nestled in the heart of Oregon’s list of approved viticultural areas. existing Willamette Valley viticultural beautiful wine country, McMinnville is Definition area (27 CFR 9.90). According to the Oregon at its best.’’ (See http:// petitioner, there were 14 wineries and www.mcminnville.org/welcome.html.) Section 4.25(e)(1)(i) of the TTB 523 acres planted to vines within the • ‘‘Before gaining its glamorous regulations (27 CFR 4.25(e)(1)(i)) defines proposed McMinnville viticultural area. reputation as a wine-producing center, a viticultural area for American wine as McMinnville was known as the home of a delimited grape-growing region Notice of Proposed Rulemaking and Comments Received Linfield College * * *.’’ (See http:// distinguishable by geographical www.ohwy.com/or/m/mcminnvi.htm.) features, the boundaries of which have TTB published Notice No. 12 • ‘‘McMinnville is known for its been recognized and defined in part 9 regarding the proposed McMinnville picturesque vineyards that dot the of the regulations. These designations viticultural area in the June 27, 2003, foothills. Located in Yamhill County, allow vintners and consumers to Federal Register (68 FR 38248). Three the oldest county in Oregon, attribute a given quality, reputation, or comments were received in response to McMinnville is often compared to the other characteristic of a wine made from this notice. Two of these were from wine regions of France and Germany.’’ grapes grown in an area to its Arthur and Linda Lindsay of Mystic (See www.el.com/to/mcminnville.) geographic origin. The establishment of Mountain Vineyards in McMinnville, In addition, the petitioner noted that viticultural areas allows vintners to Oregon. The Lindsays disagreed with McMinnville is the home of the describe more accurately the origin of the exclusion of land above 800 feet in International Pinot Noir Celebration, their wines to consumers and helps elevation from the McMinnville held every July since 1987 at the consumers to identify wines they may viticultural area as the petitioner Linfield College campus. purchase. Establishment of a viticultural originally proposed. The third comment area is neither an approval nor an was from the petitioner, Kevin Byrd, Boundary Evidence endorsement by TTB of the wine who asked that TTB amend the The McMinnville viticultural area’s produced in that area. originally petitioned boundaries to boundaries encompass Gopher Valley,

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Dupee Valley, Muddy Valley, and the The petitioner, Kevin Byrd, wrote to air flows inland through this pass, surrounding hills, all geographically request that TTB amend the causing cooler, wetter growing part of the eastern foothills of the Coast McMinnville viticultural area’s conditions in areas east of the pass. Range. All land within the viticultural proposed boundary to eliminate the North and west of McMinnville, at area is above 200 feet in elevation. 800-foot elevation restriction. He stated Scoggins Dam for example, the petition According to the petitioner, this higher that he researched the information stated that the land makes a rapid elevation causes the McMinnville provided by Mr. Lindsay and found that transition to the slopes of the Coast viticultural area to have distinctive soils the degree growing days for the higher Range, which has much cooler and climate when compared to other, elevations within the McMinnville temperatures and greater rainfall. lower parts of the Willamette Valley. viticultural area are indeed comparable Soils and Geology The petitioner stated that below the to those at lower elevations. He also 200-foot elevation line the Willamette noted that the Lindsays’ vineyard has a According to the petitioner, the soils silt-based soils create growing history of producing quality grapes. and geology of the McMinnville conditions substantially different from TTB believes that the information viticultural area are different from those those in the proposed viticultural area. presented by the commenters provides in surrounding areas, thus providing The greater depth, water-holding an adequate basis for amending the distinctive growing conditions for the capacity, and fertility of soils at these McMinnville viticultural area boundary area’s grapes. To demonstrate the soil lower elevations extends the vegetative originally proposed in Notice No. 12. differences, the petitioner submitted soil period of the vine and delays ripening Accordingly, the proposed restriction survey maps published by the Soil of vineyards planted at those elevations. limiting the McMinnville viticultural Conservation Service of the U.S. The soils of the proposed viticultural area to land below 800 feet within the Department of Agriculture. Several area are described in greater detail in described boundary has been eliminated types of shallow (less than 40 inches the following section. in this final rule. All land within the deep) silty clay and clay loams that In addition, the petitioner noted that described boundary is included within exhibit low total available moisture elevations below 200 feet are more the McMinnville viticultural area characterize the McMinnville prone to frost when compared to the regardless of elevation. viticultural area. These soils, primarily higher elevations. Yamhill, Nekia, Peavine, Willakenzie, Initially, the petitioner proposed to Distinguishing Features and Hazelair, all have a typical depth to exclude from the McMinnville The petitioner asserted that the base materials of between 20 and 40 viticultural area any land above 800 feet geographic and climatic features of the inches, while the average total available in elevation falling within the proposed McMinnville viticultural area moisture for these soils ranges from 4.8 boundaries, due to climatic differences distinguish it from surrounding areas of to 6.3 inches. with land below that elevation. In the Willamette Valley. To the west and northwest of the particular, the petitioner stated that land McMinnville viticultural area, the above 800 feet within the proposed Temperature and Precipitation petition notes, the soils transition to McMinnville viticultural area According to the petitioner, the those of the Olyic and Hembre experiences fewer degree growing days McMinnville viticultural area’s location associations. While these soils are also than lower elevations do, thus just east of the Coast Range and shallow silty clay and clay loams, they preventing the reliable ripening of wine northeast of the Van Duzer Corridor tend to be acidic. To the north of the grapes. Because of the unusual nature of greatly affects its growing season McMinnville area (within another the boundary proposal, TTB specifically temperatures and precipitation. He proposed viticultural area named asked in Notice No. 12 for comments submitted temperature and precipitation Yamhill-Carlton District), a greater regarding the proposed McMinnville data from the Oregon Climate Service percentage of the soils are of the viticultural area boundaries. comparing McMinnville with two other Woodburn-Willamette association. Mystic Mountain Vineyards sites in the western Willamette Valley— These soils are of greater depth (60 submitted two comments disagreeing Dallas, Oregon, to the south of inches) and have higher available with the proposed elevation McMinnville, and Scoggins Dam, moisture (12 to 13 inches). The limitation—one signed by Linda Oregon, to the north. Woodburn-Willamette soils also Lindsay, the other by Arthur Lindsay. The submitted data show that predominate to the south and southwest Mr. Lindsay noted that he and his wife McMinnville is, on average, warmer and of the McMinnville area. own a vineyard within the proposed drier than Dallas and Scoggins Dam. The petitioner stated that the most McMinnville viticultural area’s McMinnville averaged 2,178 degree distinctive geological feature within the boundary, but at an elevation of 1,200 growing days above 50 degrees (each McMinnville viticultural area is the feet. He stated that their records, dating degree that a day’s mean temperature is Nestucca Formation, a 2,000-foot thick back to 1999, show that their vineyard’s above 50 degrees F counts as one degree bedrock formation that extends west degree growing days are sufficient to day) during the growing season for the from the city of McMinnville to the ripen their yearly crop. While Mr. years 1971–2000, with average yearly slopes of the Coast Range. This Lindsay acknowledged that their precipitation of 41.66 inches. Dallas, for formation contains marine sandstone vineyard’s daily high temperatures are the same period, averaged 2,116 degree and mudstone with intrusions of marine lower than those of vineyards at lower growing days above 50 degrees, with basalts. These intrusions differentiate elevations, he argued that their precipitation of 49.13 inches. Scoggins the formation from the pure basaltic nighttime temperatures are generally Dam, for the period, averaged 1,974 parent materials found under the Red higher than those at lower elevations degree growing days above 50 degrees, Hills and Chehalem Mountains and the during the growing season. He pointed with precipitation of 50.68 inches. pure marine sedimentary materials of out that since degree growing days are The petitioner explained that cooler the Yamhill Formation found on the calculated on a 24-hour basis, the degree and wetter conditions south of valley floor. growing days for their vineyard’s McMinnville viticultural area are due to Because of these marine basalts, the elevation are as high as those found at the Van Duzer Corridor, a pass through petition notes that the ground water lower elevations. Oregon’s Coast Range. Cool, wet marine composition of the McMinnville

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viticultural area is significantly different bottler must change the brand name and (USGS) 1:24,000 scale topographic maps from that of areas to the east. According obtain approval of a new label. titled: to data obtained from Oregon State Similarly, if the viticultural area name (1) McMinnville, Oregon, 1957, University’s Drinking Water Program, it appears in another reference on the revised 1992; contains greater dissolved sodium (66 label in a misleading manner, the bottler (2) Muddy Valley, Oregon, 1979, mg/L vs. 16 mg/L), less dissolved would have to obtain approval of a new revised 1992; potassium (0.9 mg/L vs. 3.8 mg/L), and label. (3) Stony Mountain, Oregon, 1979, greater dissolved boron (230 µg/L vs. 20 Different rules apply if a wine has a revised 1992; µg/L) than the ground water east of brand name containing a viticultural (4) Sheridan, Oregon, 1956, revised McMinnville. The petitioner asserts that area name that was used as a brand 1992; and significant variations in these name on a label approved before July 7, (5) Ballston, Oregon, 1956, revised component materials can result in 1986. See 27 CFR 4.39(i)(2) for details. 1992. grapes with unique flavor and (c) Boundary. The McMinnville Regulatory Analyses and Notices development characteristics. viticultural area is located in Yamhill Regulatory Flexibility Act County, Oregon, and is entirely within Boundary Description the Willamette Valley viticultural area. See the narrative boundary We certify that this regulation will not The boundary of the McMinnville description of the viticultural area in the have a significant economic impact on viticultural area is as described below— regulatory text published at the end of a substantial number of small entities. (1) The beginning point is on the this notice. This regulation imposes no new McMinnville, Oregon, map where the reporting, recordkeeping, or other 200-foot contour line intersects the Maps administrative requirement. Any benefit common boundary between section 13, The petitioner(s) provided the derived from the use of a viticultural T4S, R5W, and section 18, T4S, R4W. required maps, and we list them below area name is the result of a proprietor’s From this point follow the meandering in the regulatory text. efforts and consumer acceptance of 200-foot contour line westerly for about wines from that area. Therefore, no 2 miles to its intersection with Baker TTB Finding regulatory flexibility analysis is Creek Road in section 54, T4W, R5W, on After careful review of the petition required. the Muddy Valley map; and the comments, TTB finds that the Executive Order 12866 (2) Then follow Baker Creek Road evidence submitted supports the west about 2 miles through Happy establishment of the proposed This rule is not a significant Valley to the road’s intersection with viticultural area. Therefore, under the regulatory action as defined by Power House Hill Road in section 50, authority of the Federal Alcohol Executive Order 12866 (58 FR 51735). T4S, R5W (Muddy Valley map); Administration Act and part 4 of our Therefore, it requires no regulatory (3) Proceed southwest on Power regulations, we establish the assessment. House Hill Road for about 1.4 miles to ‘‘McMinnville’’ viticultural area in Drafting Information its intersection with Peavine Road in Yamhill County, Oregon, effective 60- section 17, T4S, R5W (Muddy Valley days from this document’s publication Jennifer Berry of the Regulations and map); date. Procedures Division drafted this (4) Follow Peavine Road west and document. then northwest about 1.5 miles to its Impact on Current Wine Labels List of Subjects in 27 CFR Part 9 intersection with Gill Creek in section Part 4 of the TTB regulations prohibits 18, T4S, R5W (Muddy Valley map); any label reference on a wine that Wine. (5) Follow Gill Creek southerly indicates or implies an origin other than The Final Rule (downstream) for about 0.6 miles to its the wine’s true place of origin. With the intersection with the 800-foot contour establishment of this viticultural area I For the reasons discussed in the line in section 18, T4S, R5W, on the and its inclusion in part 9 of the TTB preamble, we amend 27 CFR, chapter 1, Muddy Valley map; regulations, its name, ‘‘McMinnville,’’ is part 9 as follows: (6) From Gill Creek, follow the recognized as a name of viticultural meandering 800-foot contour line significance. Consequently, wine PART 9—AMERICAN VITICULTURAL westerly, crossing Deer Creek in section bottlers using ‘‘McMinnville’’ in a brand AREAS 14, T4S, R6W, on the Stony Mountain name, including a trademark, or in I 1. The authority citation for part 9 map, and, crossing back and forth four another label reference as to the origin continues to read as follows: times between the Stony Mountain and of the wine, must ensure that the Muddy Valley maps in section 24, T4S, product is eligible to use the viticultural Authority: 27 U.S.C. 205. R6W, continue southwesterly to the area’s name as an appellation of origin. Subpart C—Approved American contour line’s intersection with For a wine to be eligible to use as an Viticultural Areas Thomson Mill Road in section 27, T4S, appellation of origin the name of a R6W, on the Stony Mountain map; viticultural area specified in part 9 of I 2. Subpart C is amended by adding (7) Continue to follow the meandering the TTB regulations, at least 85 percent § 9.181 to read as follows: 800-foot contour line southwesterly, of the grapes used to make the wine crossing Cronin and Beaver Creeks, to must have been grown within the area § 9.181 McMinnville. the 800-foot contour line’s intersection represented by that name, and the wine (a) Name. The name of the viticultural with Rock Creek Road in section 46, must meet the other conditions listed in area described in this section is T5S, R6W, on the Stony Mountain map; 27 CFR 4.25(e)(3). If the wine is not ‘‘McMinnville.’’ (8) Then follow Rock Creek Road eligible to use the viticultural area name (b) Approved Maps. The appropriate south for about 5 miles to its as an appellation of origin and that maps for determining the boundaries of intersection with the West Valley name appears in the brand name, then the McMinnville viticultural area are Highway in section 44, T5S, R6W, on the label is not in compliance and the five United States Geological Survey the Sheridan map, and continue about

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200 feet due south in a straight line to DEPARTMENT OF THE TREASURY and purpose of each disclosure and the from that intersection to the 200-foot name and address of the person or contour line, just north of the Yamhill 31 CFR Part 1 agency to which disclosure was made. River (Sheridan map); The release of such information to the Privacy Act of 1974; Implementation (9) Then follow the meandering 200- subject of an investigation would foot contour line easterly, passing north AGENCY: Internal Revenue Service, provide the subject with significant of most of the village of Sheridan, Treasury. information concerning the nature of the investigation and could result in the crossing onto the Ballston map, and ACTION: Final rule. continue easterly and then northerly altering or destruction of documentary along the 200-foot contour line to its SUMMARY: In accordance with the evidence, the improper influencing of first intersection with Christensen Road requirements of the Privacy Act of 1974, witnesses, and other activities that at the common boundary between as amended, the Department of the could impede or compromise the sections 27 and 34, T5S, R5W (Ballston Treasury exempts a new Internal investigation. (iii) Release to the individual of the map); Revenue Service (IRS) system of records entitled ‘‘IRS 42.031—Anti-Money disclosure accounting would alert the (10) Continue to follow the 200-foot Laundering/Bank Secrecy Act (BSA) individual as to which agencies were contour line westerly and then and Form 8300 Records’’ from certain investigating the subject and the scope northerly, passing onto the Muddy provisions of the Privacy Act. of the investigation and could aid the Valley map and then the Stony individual in impeding or EFFECTIVE DATE: January 18, 2005. Mountain map, to the contour line’s compromising investigations by those FOR FURTHER INFORMATION CONTACT: intersection with Deer Creek in section IRS agencies. 64, T5S, R6W (Stony Mountain map); National Anti-Money Laundering (2) 5 U.S.C. 552a(d), (e)(4)(G), Program Manager, S: C: CP: RE: AML, (e)(4)(H), and (f). These provisions of the (11) Cross Deer Creek and follow the 19th Floor, 1601 Market Street, 200-foot contour line southeasterly, Privacy Act relate to an individual’s Philadelphia, PA 19106, phone (215) right to be notified of the existence of crossing Dupree Creek in section 64, 861–1547. T5S, R6W, on the Muddy Valley map, records pertaining to such individual; SUPPLEMENTARY INFORMATION: The IRS and, crossing onto the Ballston map, requirements for identifying an published a notice of proposed continue southerly and then easterly individual who requested access to rulemaking on April 30, 2004 at 69 FR along the 200-foot contour line to its records, the agency procedures relating 23705–23706 exempting the new system intersection with State Route 18 at the to access to records and the content of of records from certain provisions of the hamlet of Bellevue, section 28, T5S, the information contained in such Privacy Act of 1974, as amended. The R5W (Ballston map); records and the civil remedies available IRS published the proposed system to the individual in the event of adverse (12) Continue westerly then northerly notice in its entirety at 69 FR 23854 on determinations by an agency concerning along the meandering 200-foot contour April 30, 2004. No comments were access to or amendment of information line, crossing Latham Road at the received by the IRS. contained in record systems. The northern boundary of section 53, T5S, Under 5 U.S.C. 552a(k)(2), the head of reasons for exempting this system of R5W, and, crossing onto the Muddy an agency may promulgate rules to records from the foregoing provisions Valley map, continue northerly along exempt any system of records within the are as follows: To notify an individual the 200-foot contour line to its agency from certain provisions of the at the individual’s request of the intersection with Muddy Creek in Privacy Act if the system is existence of an investigative file section 40, T5S, R5W (Muddy Valley investigatory material compiled for law pertaining to such individual or to grant map); enforcement purposes. The exemption access to an investigative file pertaining (13) Crossing Muddy Creek, follow is from provisions 552a(c)(3), (d), (e)(1), to such individual could interfere with the 200-foot contour line southerly, then (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f) investigative and enforcement easterly, and then northerly to its because the system contains proceedings; deprive co-defendants of a intersection with Peavine Road in the investigatory material compiled for law right to a fair trial or an impartial western extension of section 47, T4S, enforcement purposes. The following adjudication; constitute an unwarranted R5W (Muddy Valley map); are the reasons why this system of invasion of the personal privacy of records maintained by the IRS is exempt others; disclose the identity of (14) From Peavine Road, continue pursuant to 5 U.S.C. 552a(k)(2) of the confidential sources and reveal northeasterly along the meandering 200- Privacy Act of 1974. confidential information supplied by foot contour line, crossing Cozine Creek (1) 5 U.S.C. 552a(c)(3). This provision such sources; and, disclose investigative in section 46, T4S, R5W, and, crossing of the Privacy Act provides for the techniques and procedures. onto the McMinnville map, follow the release of the disclosure accounting (3) 5 U.S.C. 552a(e)(1). This provision 200-foot contour line across Redmond required by 5 U.S.C. 552a(c) (1) and (2) of the Privacy Act requires each agency Hill Road in section 44, T4S, R5W, and to the individual named in the record at to maintain in its records only such return to the point of beginning his/her request. The reasons for information about an individual as is (McMinnville map) exempting this system of records from relevant and necessary to accomplish a Signed: November 22, 2004. the foregoing provision is: purpose of the agency required to be Arthur J. Libertucci, (i) The release of disclosure accomplished by statute or executive Administrator. accounting would put the subject of an order. The reasons for exempting this investigation on notice that an system of records from the foregoing are Approved: December 9, 2004. investigation exists and that such as follows: Timothy E. Skud, person is the subject of that (i) The IRS will limit the Anti-Money Deputy Assistant Secretary (Tax, Trade, and investigation. Laundering/Bank Secrecy Act (BSA) Tariff Policy). (ii) Such release would provide the and Form 8300 Records to those [FR Doc. 05–912 Filed 1–14–05; 8:45 am] subject of an investigation with an relevant and necessary for identifying, BILLING CODE 4810–31–P accurate accounting of the date, nature, monitoring, and responding to

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