27060 Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Proposed Rules government and the States, or on the changes made to the proposed rule as a hearing in accordance with the PHA distribution of power and result of that review are clearly grievance procedure. responsibilities among the various identified in the docket file, which is * * * * * levels of government. available for public inspection in the 5. In § 966.51, paragraph (a)(2) would The policies contained in this Office of the Department's Rules Docket be amended by redesignating paragraph proposed rule merely require that HUD Clerk, Room 10276, 451 Seventh St., (a)(2)(ii) as paragraph (a)(2)(iv) and by determine whether pre-eviction court S.W., , DC, 20410. adding new paragraphs (a)(2)(ii) and hearings required by the local (a)(2)(iii), to read as follows: jurisdiction provide the basic elements List of Subjects of due process as further defined by 24 CFR Part 10 §966.51 Applicability. HUD regulation. Those housing Administrative practice and (a) * * * authorities situated in jurisdictions for procedure. (2) * * * which HUD has made such a due (ii) The issuance of a due process process determination are permitted to 24 CFR Part 966 determination by HUD is not subject to bypass HUD-mandated administrative Grant programs-housing and 24 CFR part 10, and HUD is not required hearings and to rely exclusively on the community development, Public to use notice and comment rulemaking local courts. procedures in considering or issuing a. This proposed rule would provide housing. Accordingly, 24 due process determination. that HUD is not required to use 24 CFR CFR parts 10 and 966 (iii) For guidance of the public, HUD part 10's notice and comment are proposed to be amended as follows: will publish in the Federal Register a procedures for the issuance of due PART 10-RULEMAKING: POLICY AND notice listing the judicial eviction process determinations. This proposed PROCEDURES procedures for which HUD has issued a rule would effect no changes in the due process determination. HUD will current relationships between the 1. The authority citation for part 10 make available for public inspection Federal government, the States and their would be revised to read as follows: and copying a copy of the legal analysis political subdivisions. Authority: 42 U.S.C. 3535(d). on which the determinations are based. C. Impact on the 2. Section 10.3 would be amended by Dated: February 14, 1995. The General Counsel, as the adding a new paragraph (c) to read as Designated Official under Executive follows: Henry G. Cisneros, 12606, The Family, has Secretary. § 10.3 Applicability. [FR Doc. 95-12461 Filed 5-19-95; 8:45 am] determined that this proposed rule will * * * * * not have potential for significant impact BILLING CODE 4210-32-P on family formation, maintenance, and (c) This part is not applicable to a general well-being, and, thus, is not determination by HUD under 24 CFR subject to review under this order. No part 966 (public housing) or 24 CFR part DEPARTMENT OF THE TREASURY significant change in e:5isting HUD 905 (Indian housing) that the law of a policies or programs will result from jurisdiction requires that, prior to Bureau of Alcohol, Tobacco and promulgation of this proposed rule, as eviction, a tenant be given a hearing in Firearms those policies and programs relate to court which provides the basic elements family concerns. of due process ("due process 27 CFR Part 9 determination"). D. Regulatory Flexibility Act [Notice No. 8121] The Secretary, in accordance with the PART 966-LEASE AND GRIEVANCE RIN 1512-AA07 Regulatory Flexibility Act (5 U.S.C. 605 PROCEDURES Viticultural Area (94F- (b)) has reviewed and approved this 3. The authority citation for part 966 proposed rule, and in so doing certifies would be revised to read as followvs: 019P) that this proposed rule will not have a Authority: 42 U.S.C. 1437a, 1437d, AGENCY: Bureau of Alcohol, Tobacco significant impact on a substantial and Firearms (ATF), Treasury. number of small entities. This proposed 1437d(k), (1), and (n), and 3535(d). rule would merely provide for HUD's 4. In § 966.4, paragraph (1)(4) would ACTION: Notice of proposed rulemaking. issuance of due process determinations be revised, to read as follows: SUMMARY: The Bureau of Alcohol, without public notice and comment, §966.4 Lease requirements. Tobacco and Firearms (ATF), has and would not have any meaningful * * * * * received a petition for the establishment economic impact on any entity. (1)* * * of a viticultural area in the State of E. Regulatory Agenda (4) How tenant is evicted. The PHA Washington to be known as "Puget This proposed rule was listed as item may evict the tenant from the unit Sound." This proposal is the result of a 1370 in HUD's Semiannual Agenda of either: petition submitted by Gerard and Jo Regulations published on May 8, 1995 (i) By bringing a court action, or; Ann Bentryn, Owners-Winemakers of (60 FR 23368, 23375) in accordance (ii) By bringing an administrative Bainbridge Island Vineyards. with Executive Order 12866 and the action if law of the jurisdiction permits DATES: Written comments must be Regulatory Flexibility Act. eviction by administrative action, after a received by July 6, 1995. due process administrative hearing, and ADDRESSES: Send written comments to: F. Executive Order 12866 without a court determination of the Chief, Wine, Beer and Spirits This proposed rule was reviewed by rights and liabilities of the parties. In Regulations Branch, Bureau of Alcohol, the Office of Management and Budget order to evict without bringing a court Tobacco and Firearms, P.O. Box 50221, under Executive Order 12866, action, the PHA must afford the tenant Washington, DC 20091-0221 (Attn: Regulatory Planning and Review. Any the opportunity for a pre-eviction Notice No. 812). Copies of the petition, Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Proposed Rules 27061

the proposed regulations, the, Petition offers a temperate climate that rarely appropriate maps, and written ATF has received a petition from suffers from prolonged freezing weather comments will be available for public Gerard and Jo Ann Bentryn of in the winter and quite often enjoys a inspection during normal business Bainbridge Island Vineyards & Winery long and warm summer growing hours at: ATF Public Reading Room, in Bainbridge Island, Washington, season." Office of Public Affairs and Disclosure, proposing to establish a new viticultural Room 6480, 650 Massachusetts Avenue, Historicalor CurrentEvidence That the area within the State of Washington to NW., Washington, DC. Boundaries of the Viticultural Area Are be known as "Puget Sound." Puget as Specified in the Petition FOR FURTHER INFORMATION CONTACT: Sound (or the "Sound") is an inlet of David W. Brokaw, The proposed Wine, Beer and the Pacific Ocean in northwestern viticultural area is Spirits Regulations Branch, Bureau of Washington, extending about 100 miles located on the land mass surrounding Alcohol, Tobacco and Firearms, 650 south from and Juan de Puget Sound and know as the Puget Massachusetts Avenue, NW., Fuca Strait to Olympia. The proposed Sound basin. The petitioners explained Washington, DC 20226, (202) 927-8230. viticultural area lies within the land that there are no exacting and commonly understood boundaries for SUPPLEMENTARY INFORMATION: basin surrounding the Sound. Eight the basin. The basin boundaries, for Background letters of support from wineries and vineyards located within the proposed example, can extend up to the crests of On August 23, 1978, ATF published area were included with the petition. the Olympic and Cascade mountain Treasury Decision ATF-53 (43 FR These letters of support were from: ranges to include the entire watershed. 37672, 54624) revising regulations in 27 Mount Baker Vineyards, Whidbey However, individuals in State commonly refer to the CFR Part 4. These regulations allow the Island Winery, Lopez Island Vineyards establishment of definitive viticultural Inc., E.B. Foote Winery, Blue Apple lowland areas surrounding the Sound as areas. The regulations allow the name of Vineyard, Molly's Vineyard, Coolen the Puget Sound basin. It is these an approved viticultural area to be used Wine Cellar, and Johnson Creek Winery/ lowland areas that the petitioners feel as an appellation of origin on wine Alice's Restaurant. are suited for viticulture. The petitioners stated that, "Puget labels and in wine advertisements. On The proposed Puget Sound October 2, 1979, ATF published viticultural area is located in the Sound has boulders determined Treasury Decision ATF-60 [44 56692] northwestern portion of Washington absolutely by the forces of nature, and recognized by common cultural which added a new Part 9 to 27 CFR, State. The entire Puget Sound watershed use. We merely used those public providing for the listing of approved contains 13,100 square miles of land, roads that American viticultural areas, the names 150 square miles of fresh water, and most closely fit within those natural of which may be used as appellations of 2,500 square miles of saltwater. The boundaries of terminal [accumulation origin. proposed Puget Sound viticultural area of boundaries, stones, or other Section 4.25a(e){1), Title 27, CFR, contains approximately 55% of the debris carried and deposited at the defines an American viticultural area as watershed's land area and water or edges of the farthest reaches of a a delimited grape-growing region glacier's advance], rainfall lines distinguishable by geographic features, 7,150 square miles of land and 1,500 square miles of water for a total area of (isohyets), and temperature to draw the boundaries of which have been enforceable borders." [definition added] delineated in Subpart C of Part 9. 8,650 square miles. It has a maximum length of 190 miles from north to south The petitioners also state that, "[t]he Section 4.25a(eJ(2), Title 27, CFR, proposed viticultural area and 60 miles from east to west, although is smaller outlines the procedure for proposing an than the basin because not all of the it is most often less than 45 miles wide. American viticultural area. Any basin is suitable for viticulture. Areas 'interested person may petition ATF to Evidence That the Name of the Area is with elevations greater than 600 feet are establish a grape-growing region as a Locally or Nationally Known generally too wet or too cold in this viticultural area. The petition should region so they have been excluded." include: The name "Puget Sound" was (a) Evidence that the name of the established in 1791 by Captain George Evidence Relating to the Geographical proposed viticultural area is locally Vancouver when he named, explored, Features(Climate, Soil, Elevation, and/or nationally known as referring to and mapped the area while in service to Physical Features, etc.) Which the area specified in the petition; the British Admiralty. His maps and Distinguish ViticulturalFeatures of the (b) Historical or current evidence that those of subsequent explorers, settlers ProposedArea From SurroundingAreas and government agencies show the the boundaries of the viticultural area Climate are as specified in the petition; Puget Sound area with the countryside (c) Evidence relating to the drained by rivers flowing into Puget The climate of Puget Sound is well geographical characteristics (climate, Sound. Numerous references exist differentiated from that of surrounding soil, elevation, physical features, etc.) indicating the general use of the name areas. The to the which distinguish the viticultural "Puget Sound" to refer to the petitioned west and the Cascade Mountains to the features of the proposed area from area. The petitioners included copies of east protect the region from the cool wet surrounding areas; title pages of various publications, guide influence of the Pacific Ocean and the (d) A description of the specific and tour book references, public extreme summer and winter boundaries of the viticultural area, telephone book listings, and Federal and temperatures of eastern Washington. based on features which can be found State agency maps, to illustrate the use The and on Geological Survey of the name. They also submitted an associated waterways separate Puget (US.G.S.) maps of the largest applicable excerpt from, "Touring the Washington Sound from the cooler summer areas to scale, and; Wine Country," 1993, published by the the north. Foothills to the south of the (e) A copy (or copies) of the Washington Wine Commission. This proposed Puget Sound viticultural area appropriate U.S.G.S. map(s) with the publication discusses grape growing in are the limit of the area influenced by proposed boundaries prominently western Washington and states that, the moderating effect of the waters of marked. "[tihe expansive Puget Sound basin the Sound. Both summer and winter 27062 Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Proposed Rules temperatures are significantly cooler in Degree Days proposed Puget Sound viticultural area the hills and mountains to the west, Total degree days as measured by the was the development of a semi- south, and east. scale developed by Winkler and permeable cemented .subsoil at depths The western, eastern and southern Amerine of the University of California generally from one to ten feet. This boundaries of the proposed Puget-Sound (Davis) range between 1300 at the subsoil was created by the pressure of viticultural area closely follow the line northern border, to 2200 in the south. one to three thousand feet of overlying formed by a growing season of 180 days Typical readings are: Friday Harbor ice. The subsoil acts as a storage vehicle and the 60 inch isohyet of annual 1380, Blaine 1480, Sequim 1310, Port for winter rains -and allows deep rooted vines to survive the late-summer soil precipitation. All areas within the Townsend 1480, Mt. Vernon 1530, water deficit without irrigation. The proposed viticultural area below 600 Coupeville 1360; Monroe.1820, Bothell- surrounding. areas which were not feet in elevation have a 18a day or 1520, Kent 1940, (-U of W) 2160, glaciated do not share this comparative longer growing season with 60 inches or Bremerton 1810, Vashon 1730, advantage. The semi-permeable less of annual rainfall, and 15-inches or Grapeview 2010, Puyallup 1770, cemented subsoil is-the most significant less of rainfall in the months Tacoma 1940, and Olympia 2160.-There of April to soil factor relative to. viticulture in the is a significant-temperature October (inclusive). variation area. Areas outside of, but adjacent to, the- from north to south. According to the petitioner, this Topography and Geographical Features, proposed viticultural area to,the west, temperature variation is within a range that will allow-the south, and east have a growing season same The Puget Sound basin is a large types of grapes to be grown-throughout of generally less than 180 days; with lowland surrounding bodies of salt the proposed area. more than 60 inches of annual-rainfall, water called in government reports and more than 15 inches of rainfall in Rainfall "Puget Sound" or "Puget Sound and Adjacent Waters." These waters the months of.April to October Rainfall in the proposed Puget Sound (inclusive). Examples of weather comprise Puget Sound, a long,.wide viticultural area is substantially less ocean inlet. The basin is cut by many recording stations surrounding the than in surrounding areas.. It ranges are as follows: To rivers flowing into the-Sound. Low from 17 inches annually in the north to rolling hills formed by the deposit and the west is-Forks, with a growing season 60 inches in the south. Typical amounts of 175 days and an annual precipitation erosion of advancing and. retreating are: Friday Harbor 28", Blaine 35", glaciers are cut by ravines of 118 inches (38 inches April to and stream Sequim 17", Port Townsend 18", Mt. channels. The dominating natural October). To the southeast is Paradise Vernon 32", Coupeville 18", Monroe features are.the sound itself and the Ranger Station (Mount Rainier National 47", Bothell 40", Kent 38", Seattle (U of surrounding mountains. The Olympic Park), with a growing season of 50 days W) 35", Bremerton 39", Vashon 47", mountain range forms the western and an annual precipitation of 106 Grapeview 53", Puyallup 41", Tacoma boundary of the Puget Sound basin. inches (39 inches April to October). To 37", and Olympia 52". Growing season These mountains intercept moist the east is Diablo Dam with a growing rainfall ranges from 8 inches in the maritime Pacific air and account for the season of 170 days and an annual north to 15 inches in the south. Outside relatively low annual precipitation. The precipitation of 72 inches (23 inches of the proposed boundaries, the rainfall Cascade mountain range forms the from April to October). To the northeast ranges from 70 to 220 inches annually. eastern boundary of the Puget Sound is Heather Meadows Recreational Area Overall, the proposed Puget Sound basin. These mountains protect-the (Mt. Baker National Forest) with a viticultural area can he characterized as basin from the extremely cold winters growing season of 150 days and an having a growing season of over 180 and hot summers of eastern annual precipitation of 110 inches (44 days, annual degree day averages Washington. Elevations in the basin are inches from April to October). between 1300 and 2200, and annual primarily between sea-level and 1,000 The northerly border of the proposed rainfall of 60 inches or less. feet. Isolated hills of up to 4,000 feet viticultural area closely conforms to the Soils occur primarily in the northeast but temperature boundary of areas none of the existing vineyards is above experiencing a mean high temperature Soils in the proposed Puget Sound 600 feet in elevation. viticultural area are completely unlike in the warmest month (July) of 72 Viticulture degrees Fahrenheit or greater. Cool air those of the surrounding upland areas in that from the Pacific Ocean moves east they are the result of the advance The petitioners state that neither through the Strait of Juan de Fuca and withdrawal of the Vashon vinifera nor labrusca vines are native to glaciation. This most recent glaciation during the growing season limiting the the area; however, they are now grown (10,000 years reliable ripening of winegrapes in the ago) coincided at its limits throughout the basin. In 1872, Lambert with the eastern, southern, and areas west of the Elwha River and Evans established a vineyard on Stretch southwestern boundaries of the outside the line formed by the western Island in southern Puget Sound. He sold proposed viticultural area. The resultant boundaries of Clallam, San Juan, and the fruit in Seattle. In the 1890's a soils are primarily silty to Whatcom Counties and the northern sandy viticulturalist from the east coast named topsoils with scattered small to boundary of Whatcom County. Adam Eckert brought new grape moderate rounded stones. This is varieties and planted more vineyards on Example of areas to the northwest of typical of post glacial soils in lowland the island. The first bonded winery in the proposed viticultural area with areas. Areas outside the proposed Washington State was established there mean high temperatures in the warmest viticultural area to the west, south and in 1933 by Charles Somers. Known as month which are lower than 72 degrees east, were not covered by ice during the the St. Charles Winery, it reached a Fahrenheit are: Forks, Washington, 71 Vashon glaciation. Consequently, soils capacity of 100,000 gallons. Viticulture degrees F; Clallum Bay, Washington, 67 in surrounding areas have entirely spread throughout the Puget Sound degrees F; Victoria, British Columbia, 68 different origins and genesis. The basin as evidenced by the annual degrees F; and Sidney, British primary impact on viticultural reports of the Washington State Columbia, 67 degrees F. conditions by the glaciation of the Department of Agriculture. These Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Proposed Rules 27063 primarily labrusca plantings were acknowledged. Facsimile transmitted List of Subjects in 27 CFR Part 9 gradually supplanted in most of the comments will be treated as originals. Administrative practices and basin by vinifera plantings from the Any person who desires an procedures, Consumer protection, 1950's to the present. The Washington opportunity to comment orally at a Viticultural areas, and Wine State Department of Agriculture report public hearing on the proposed entitled, "Washington Agriculture," regulation should submit his or her Authority and Issuance 1960, reported 2 small areas of grape request, in writing, to the Director Title 27, Code of Federal Regulations, cultivation outside of Yakima Valley; withirp the 45-day comment period. The Part 9, American Viticultural Areas, is one of them being "in western Director, however, reserves the right to proposed to be amended as follows: Washington in Kitsap county. There 'determine, in light of all circumstances, along the shores of Puget Sound, grapes whether a public hearing will be held. PART 9-AMERICAN VITICULTURAL have grown satisfactorily for many AREAS years." The 1993 publication, "Touring Paperwork Reduction Act the Washington Wine Country," which The provisions of the Paperwork Paragraph 1. The authority citation is published by the Washington Wine Reduction Act of 1980, Pub. L. 96-511, for Part 9 continues to read as follows: Commission states that, "Small 44 U.S.C. Chapter 35, and its Authority: 27 U.S.C. 205. vineyards flourish on Puget Sound's implementing regulations, 5 C.F.R. Part islands.. " There are now over 50 1320, do not apply to this notice Subpart C-Approved American acres of vineyards in the basin and 25 because no requirement to collect Viticultural Areas bonded wineries. information is proposed. Par. 2. Subpart C is amended by Proposed Boundaries Regulatory Flexibility Act adding § 9.151 to read as follows: The boundaries of the proposed Puget It is hereby certified that this §9.151 Puget Sound. Sound viticultural area may be found on proposed regulation will not have a (a) Name. The name of the viticultural four 1:250,000 scale U.S.G.S. maps significant impact on a substantial area described in this section is "Puget titled: Hoquiam, Washington (1974); number of small entities. The Sound." Seattle, Washington (1974); Wenatchee, establishment of a viticultural area is (b) Approved-maps. The appropriate Washington (1971); Victoria, B.C., Can., neither an endorsement nor approval by maps for determining the boundary of Wash., U.S. (1974); one 1:25,000 scale ATF of the quality of wine produced in the Puget Sound viticultural area are map titled: Auburn, Washington (1983); the area, but rather an identification of four 1:250,000 scale U.S.G.S. and three 1:24,000 scale maps titled: an area that is distinct from surrounding topographical maps, one 1:25,000 scale Buckley, Washington (1993); areas. ATF believes that the topographic map, and three 1:24,000 Cumberland, Washington (1993); and establishment of viticultural areas scale topographic maps. They are titled: Enumclaw, Washington (1993). merely allows wineries to more (1) Hoquiam, Washington, 1958 Public Participation-Written accurately describe the origin of their revised 1974 (1:250,000). Comments wines to consumers, and helps (2) Seattle, Washington, 1958 revised consumers identify the wines they 1974 (1:250,000). ATF requests comments from all purchase. Thus, any benefit derived (3) Wenatchee, Washington, 1957 interested persons. Comments received from the use of a viticultural area name revised 1971 (1:250,000). on or before the closing date will be is the result of the proprietor's own (4) Victoria, B.C., Can., Wash., U.S., carefully considered. Comments efforts and consumer acceptance of 1957 revised 1974 (1:250,000). received after that date will be given the wines from that region. (5) Auburn, Washington, 1983 same consideration if it is practical to Accordingly, a regulatory flexibility (1:25,000). do so. However, assurance of analysis is not required because the (6) Buckley, Washington, 1993 consideration can only be given to proposal, if promulgated as a final rule, (1:24,000). comments received on or before the is not expected (1) to have significant (7) Cumberland, Washington, 1993 closing date. secondary, or incidental effects on a (1:24,000). ATF will not recognize any submitted substantial number of small entities; or (8) Enumclaw, Washington, 1993 material as confidential and comments (2) to impose, or otherwise cause a (1:24,000). may be disclosed to the public. Any significant increase in the reporting, (c) Boundary.The Puget Sound material which the commenter recordkeeping, or other compliance viticultural area is located in the State considers to be confidential or burdens on a substantial number of of Washington. The boundaries of the inappropriate for disclosure to the small entities. Puget Sound viticultural area, using public should not be included in the Executive Order 12866 landmarks and points of reference found comments. The name of the person on appropriate U.S.G.S. maps, follow. submitting a comment is not exempt It has been determined that this (1) Beginning where the Whatcom from disclosure. proposed regulation is not a significant county line comes closest to an Comments may be submitted by regulatory action as defined by unnamed secondary road (referred to in facsimile transmission to (202) 927- Executive Order 12866. Accordingly, the petition as Silver Lake Road) on the 8602, provided the comments: (1) are this proposal is not subject to the U.S.G.S. map "Victoria," T41N/R6E; legible; (2) are 81/2" x 11" in size, (3) analysis required by this executive (2) Then south along Silver Lake Road contain a written signature, and (4) are order. approximately 5.5 miles to its three pages or less in length. This intersection with State Highway 542, Drafting Information limitation is necessary to assure T39N/R5E; reasonable access to the equipment. The principal author of this document (3) Then west and then southwest Comments sent by FAX in excess of is David W. Brokaw, Wine, Beer, and along State Highway 542 approximately three pages will not be accepted. Spirits Regulations Branch, Bureau of 11 miles to its intersection with State Receipt of FAX transmittals will not be Alcohol, Tobacco, and Firearms. Highway 9, T38N/R5E; 27064 Federal Register / Vol. 60, No. 98 / Monday, May 22, 1995 / Proposed Rules

(4) Then south along State Highway 9 map, "Wenatchee," (shown in greater (32) Then west along U.S. Highway approximately 44 miles to its detail on the U.S.G.S. map, 101 approximately 32 miles to where it intersection with an unnamed "Enumclaw"), T20N/R6E; crosses the Elwha River, T30N/R7W; secondary road (referred to in the (18) Then southwest approximately 5 (33) Then north along the Elwha River petition as Burn Road) at the town of miles along State Highway 410 until its approximately 6 miles to its mouth, Arlington, T31N/R5E; intersection with State Highway 165 on T31N/R7W; (5) Then south, southeast along Burn the U.S.G.S. map, "Seattle," (shown in (34) Then continuing north across the Road approximately 11 miles to its greater detail on the U.S.G.S. map, Strait of Juan de Fuca approximately 5 intersection with State Highway 92, "Buckley"), T19N/R6E; miles to the Clallam County line, T32N/ T30N/R6E; (19) Then southwest on State R7W; (6) Then south along State Highway Highway 165 until its intersection with (35) Then northeast along the Clallam 92 approximately 3 miles to its State Highway 162 at the town of County line approximately 14 miles to intersection with an unnamed light duty Cascade Junction on the U.S.G.S. map, the southwestern tip of San Juan road (referred to in the petition as "Seattle" (shown in greater detail on the County, T32N/R4W; Machias Hartford Road), T29N/R6E; U.S.G.S. Map, "Buckley"), T19N/R6E; (36) Then northeast along the San (7) Then south along Machias (20) Then southwest along State Juan County line approximately 51 Hartford Road approximately 4 miles to Highway 162 approximately 8 miles to miles to the northern tip of San Juan its intersection with an unnamed its intersection with an unnamed County, T38N/R3W; secondary road (referred to in the secondary road (referred to in the (37) Then northwest along the petition as Lake Roesiger Road), on the petition as Orville Road E.), T19N/R5E; Whatcom County line approximately 19 U.S.G.S. map "Wenatchee," T29N/R7E; (21) Then south along Orville Road E., miles to the western tip of Whatcom (8) Then east along Lake Roesiger approximately 8 miles to its intersection County, T41N/R5W; Road approximately 3.5 miles to its with the CMSTP&P railroad at the town (38) Then east along the Whatcom intersection with an unnamed of Kapowsin, on the U.S.G.S. map, County line approximately 58 miles to secondary road (referred to in the "Hoquiam," T17N/R5E; the beginning. petition as Woods Creek Road), T29N/ (22) Then south along the CMSTP&P Signed: May 3, 1995. R7E; railroad approximately 17 miles to Daniel R. Black, (9) Then south along Woods Creek where it crosses the Pierce County line Road approximately 10.5 miles to its at the town of Elbe, T15N/R5E; Acting Director. intersection with U.S. Highway 2 in the (23) Then west along the Pierce [FR Doc. 95-12410 Filed 5-19-95; 8f45 an] town of Monroe, T27N/R7E; County line approximately 1 mile to the BILLING CODE 4810-31-Ai (10) Then west along U.S. Highway 2 eastern tip of Thurston County, T15N/ approximately 1/2 mile to its intersection R5E; ENVIRONMENTAL PROTECTION with State Highway 203, T27N/R6E; (24) Then west along the Thurston (11) Then south along State Highway County line approximately 38 miles to AGENCY 203 approximately 24 miles to its where it crosses Interstate Highway 5, intersection with an unnamed T15N/R2W; 40 CFR Part 70 secondary road (referred to in the (25) Then north along Interstate [N001; FRL-62096] petition as Preston-Fall City Road), at Highway 5 approximately 18 miles to its the town of Fall City, T24N/R7E; intersection with U.S. Highway 101 at Clean Air Act Proposed Interim (12) Then southwest along Preston- the town of Tumwater on the U.S.G.S. Approval of Operatng Permits Fall City Road approximately 4 miles.to map "Seattle," T18N/R2W; Program; Indiana its intersection with Interstate Highway (26) Then northwest along U.S. 90 at the town of Preston, T24N/R7E; Highway 101 approximately 18 miles to AGENCY: Environmental Protection (13) Then east along Interstate its intersection with State Highway 3 at Agency (EPA). Highway 90 approximately 3 miles to its the town of Shelton, T20N/R3W; ACTION: Proposed interim approval. intersection with State Highway 18, (27) Then northeast along State SUMMARY: The EPA proposes interim T23N/R7E; Highway 3 approximately 24 miles to approval of the operating permits (14) Then southwest along State where it crosses the Kitsap County line, program submitted by Indiana for the Highway 18 approximately 7 miles to its T23N/R1W; intersection with an unnamed (28) Then north along the Kitsap purpose of complying with Federal requirements which mandate that States secondary road (referred to in the County line approximately 3 miles to petition as 276th Avenue SE), T23N/ the point where it turns west, T23N/ develop, and submit to EPA, programs for issuing operating permits to all R6E; RiW; (15) Then south along 276th Avenue (29) Then west along the Kitsap major stationary sources, and to certain SE approximately 5 miles to its County line approximately 11 miles to other sources. intersection with State Highway 516 at the point where it turns north, T23N/ DATES: Comments on this proposed the town of Georgetown, T22N/R6E; R3W; action must be received in writing by (16) Then west along State Highway (30) Then continuing west across June 21, 1995. Comments should be 516 approximately 2 miles to its approximately 1 mile to addressed to the contact indicated intersection with State Highway 169 at join with U.S. Highway 101 just south below. the town of Summit on the U.S.G.S. of the mouth of an unnamed creek ADDRESSES: Copies of the State's map, "Seattle," (shown in greater detail (referred to in the petition as Jorsted submittal and other supporting on the U.S.G.S. map, "Auburn"), T22N/ Creek), T23N/R3W; information used in developing the R6E; (31) Then north along U.S. Highway proposed interim approval are available (17) Then south along State Highway 101 approximately 40 miles to the point for inspection during normal business 169 approximately 11.5 miles to its where it turns west at the town of hours at the following location: EPA intersection with State Highway 410 at Gardiner on the U.S.G.S. map Region 5, 77 West Jackson Boulevard, the town of Enumclaw on the U.S.G.S. "Victoria," T30N/R2W; AR-18J, Chicago, Illinois 60604. Please