16250 Federal Register / Vol. 48, No. 74 / Friday, April 15, 1983 / Rules and Regulations a significant economic impact on a Subpart C-Approved American 27 CFR Part 9 substantial number of small entities. Viticultural Areas [T.D. ATF-132; Reference Notice No. 435] Executive Order 12291 § 9.65 North Fork of Roanoke. It has been determined that this final Santa Ynez Valley Viticultural Area (a) Name. The name of the viticultural rule is not a "major rule" within the area described in this section is "North AGENCY: Bureau of Alcohol, Tobacco meaning of Executive Order 12291 of Fork of Roanoke." and Firearms (ATF), Treasury. February 17, 1981, because it will not ACTION: Final rule, Treasury decision. have an annual effect on the economy of (b) Approved maps. The appropriate $100 million or more; it will not result in maps for determining the boundaries of SUMMARY: This final rule establishes an a major increase in costs or prices for the North Fork of Roanoke viticultural American viticultural area in Santa consumers, individual industries, area are 7.5 minute series 1965 U.S.G.S. Barbara County, California known as Federal, State or local government Virginia maps titled: Looney "Santa Ynez Valley." The establishment agencies, or geographic regions; and it Quadrangle, McDonalds Mill of viticultural areas and the use of will not have significant adverse effects Quadrangle, Glenbar Quadrangle, viticultural area names in wine labeling on competition, employment, Elliston Quadrangle, Ironto Quadrangle, and advertising will allow wineries to investment, productivity, innovation, or Blacksburg Quadrangle, Newport designate the specific grape-growing on the ability of United States-based Quadrangle and Craig Springs area where their wines come from, and enterprises to compete with foreign- Quadrangle. will help consumers to identify the wine based enterprises in domestic or export (c) Boundaries.The North Fork of they purchase. markets. Roanoke viticultural area is located in EFFECTIVE DATE: May 16, 1983. parts of Roanoke and Montgomery Disclosure FOR FURTHER INFORMATION CONTACT: Counties in southern Virginia. The point Charles N. Bacon, Research and A copy of the petition and the of beginning is in the north at the Regulations Branch, Bureau of Alcohol, comments received are available for intersection of State Routes 785 and 697 Tobacco and Firearms, Washington, DC inspection during normal business hours in Roanoke County. The line follows 20226, Telephone: 202-566-7626. at the following location: ATF Reading State Route 697 northeast over Crawford SUPPLEMENTARY INFORMATION: Room, Room 4405, Office of Public Ridge to the intersection at State Route Affairs and Disclosure, 12th and 624. The viticultural area line turns Background Pennsylvania Avenue, NW, Washington, southwest on State Route 624 along the ATF regulations in 27 CFR Part 4 DC. boundary of the Jefferson National allow the establishment of definite Forest and then continues viticultural areas. These regulations also Drafting Information across the Montgomery County line to U.S. 460 allow the name of an approved The principal author of this document (business). The line follows U.S. 460 viticultural area to be used as an is James A. Hunt, Research and (business) south through the town of appellation of origin on wine labels and Regulations Branch, Bureau of Alcohol, Blacksburg. The line then continues on in wine advertisements. Section 9.11, Tobacco and Firearms. U.S. 460 (bypass) to the intersection of Title 27, CFR, defines an American U.S. 460 east viticultural area as a delimited grape- List of Subjects in 27 CFR Part 9 where it turns east for approximately 1 mile to the intersection growing region distinguishable by Administrative practice and of U.S. Interstate Highway 81 at Inter- geographical features. Approved procedure, Consumer protection, change 38 at State Route 629, then American viticultural areas are listed in Viticultural areas, Wine. follows State Route 629 (which later 27 CFR Part 9. becomes Section 4.25a(e)(2) outlines the Authority and Issuance State Route 622 north of Bradshaw Creek) 2 miles across the procedure for proposing an American viticultural area. Any interested person Accordingly, under the authority Roanoke County line to where it may petition ATF to establish a grape- contained in Section 5 of the Federal intersects the Chesapeake and Potomac growing region as a viticultural area. Alcohol Administration Act (45 Stat. Telephone Company right-of-way. The ATF was petitioned by the Firestone 981, as amended; 27 U.S.C. 205), 27 CFR line then turns northwest along the Vineyard, a bonded winery in Los Part 9 is amended as follows: C & P right-of-way over Pearis Mountain Olivos, to establish a viticultural area in to the point where the right-of-way Santa Barbara County, California, to be PART 9-AMERICAN VITICULTURAL intersects State Route 785, one quarter known as "Santa Ynez Valley." This AREAS mile northeast of the intersection of viticultural area is a valley centered State Routes 785 and 697 and then around the Santa Ynez River, and Paragraph 1. The table of sections in follows State Route 784 back to the contains a total of 285 square miles with 27 CFR Part 9, Subpart C, is amended to starting point. 1,200 acres of vineyards. In response to include the title of §9.65 as follows: Signed: March 18, 1983. this petition, ATF published a notice of proposed rulemaking, No. 435, in the SUBPART C-Approved American Stephen E. Higgins, Federal Register on November 24, 1982 Viticultural Areas Acting Director. [47 FR 53048] proposing the Approved: March 31, 1983. establishment of the Santa Ynez Valley Sec. viticultural area. David Q. Bates, Supporting Evidence 9.65 North Fork of Roanoke. Deputy Assistant Secretary(Operations). The following evidence was presented Paragraph 2. Subpart C is amended by [FR Doec.83-10110 Filed 4-14-83: 8:45 am] in the petition to support the proposed adding § 9.65 to read as follows: BILLING CODE 4810-31- viticultural area. Federal Register / Vol. 48, No. 74 / Friday, April 15, 1983 / Rules and Regulations 16251'

Name. The name "Santa Ynez" was vineyards' planted in the foothills of the association. These soils are nearly level given to the mission established in 1804 San Rafael Mountains. Around Los and consist of well-drained to somewhat by the first European settlers in the Olivos, vineyards range between 650 poorly-drained sandy loams and silty valley. This mission was dedicated to feet and 900 feet in elevation, those clay loams. They are found on the flood Saint Agnes, and Santa Ynez was the around Santa Ynez are between 500 and plains and alluvial fans along the Santa name applied to the town, river, and 600 feet in elevation, while vineyards Ynez River. valley. planted near Buellton range from 300 to Boundaries.The boundaries of the Viticultural history.Grape-growing 600 feet in elevation. Santa Ynez Valley viticultural area and winemaking were extensive in Climate. The Santa Ynez Valley is a consist of many land grant and section Santa Barbara County prior to cool Region I on the scale developed by boundaries. In most cases, these Prohibition. The Santa Ynez Valley itself Winkler and Amerine of the University boundaries closely approximate contained over 5,000 acres'of vineyards. of California'to measure degree days. ridgelines, but have been used because However, Prohibition ended the industry Solving in the center of the valley they are more easily described on in the valley, and vineyards were not registers an average of 2680 degree days. U.S.G.S. maps. The boundaries are fully replanted after Repeal. This contrasts with 1970 degree days described in the regulatory text of § 9.54. In 1969, the first commercial vineyards (Region I) in nearby Lompoc, and with since Prohibition were planted just east 2820 degree days for Santa Barbara, Discussion of Comments of Solvang. Additional acreage was south of the Santa Ynez Mountains. In Notice No. 435, ATF requested planted during the next decade, Within the Santa Ynez Valley, public comments on the proposed especially 1972-1973, by winemakers summertime temperatures increase from viticultural area. ATF noted that the attracted to the climate of the valley, west to east following the Santa Ynez area, as proposed, contains about 285 and its remoteness from urban River upstream. square miles, but only 1,200 acres of encroachment. Today there are over 20 The Santa Rita Hills to the west block vineyards, and requested ways in which vineyards encompassing 1,200 acres the colder ocean air, prevalent at the proposed area could be reduced in within the viticultural area, and eight Lompoc, from entering the Santa Ynez size. bonded wineries have been established. Valley and act to moderate the valley's Five comments were received from Major grape varietals include Cabernet climate. To the east, the boundary of the Santa Barbara County wineries, farms, Sauvignon, Riesling, Chardonnay, viticultural area is drawn along and consumers. All of these comments Merlot, Sauvignon Blanc, recognizable map features which favored establishing the Santa Ynez Gewurztraminer, and Pinot Noir. approximately delineate the cooler viticultural area as proposed without Commercial production of Santa Ynez temperatures of the Santa Ynez Valley any reduction in size. Valley wines began in the mid 1970's, from warmer temperatures further One respondent noted that it would and the Santa Ynez Valley, California inland. be inappropriate to reduce the area in appellation currently appears on may Rainfall averages 16 inches within the size since "there are producing labels of wines from the region. Santa Ynez.Valley although it is Geographicalfeatures. Topography variable from year to year. Fog also vineyards in the furthest extremities of and geography distinguish the Santa plays an important factor in the climate the proposed area." Therefore, reduction Ynez Valley viticultural area from of the viticultural area by keeping the in size would necessarily exclude some surrounding areas. The valley itself valley cool and moist during the growing vineyardg from the viticultural area. surrounds the Santa Ynez River and is season. Fog is present to elevations of Another respondent stated that the defined by mountains to the north and 1,000 to 1,200 feet in the valley and proposed viticultural area is consistent south, by Lake Cachuma and the Los nearly all vineyards are influenced by it. with the definition of a delimited grape- Padres National Forest to the east, and Soils. Northern Santa Barbara County growing region, and that the proposed by a series of low hills to the west. contains 14 major soil associations, but area already represents only about one To the north, the Purisima Hills rise the Santa Ynez Valley contains only 7 third of the actual Santa Ynez Valley. from 1,200 to 1,700 feet in elevation, and major associations. Vineyard plantings Finally, another respondent pointed out separate the Santa Ynez Valley from the are confined almost entirely to 3 of these that if the area were reduced in size, it Los Alamos-Valley. Similarly, the San soil associations. would prompt the establishment of Rafael Mountains separate the valley The Positas-Ballard-Santa Ynez adjacent viticultural areas which would from the Santa Maria Valley, previously association consists of well-drained fine only mislead or confuse the consumer. approved as an American viticultural sandy loams to clay loams. These soils On the basis of all evidence presented area. These mountains generally range occur on level to moderately steep with the petition and in written in elevation from 1,400 to 2,600 feet. slopes in the upper Santa Ynez Valley at comments, ATF has concluded the The Santa Ynez Mountains on the elevations of 500 to 1,000 feet. boundaries should be adopted as south separate the Santa Ynez Valley Another association, the Chamise- proposed, and the viticultural area from the Pacific Ocean; these mountains Arnold-Crow Hill association, consists should include the entire petitioned for range in elevation from 800 to 2,500 feet. of well-drained to excessively well- 285 square miles. To the west, the Santa Ynez Valley drained sand loams and clay loams. Regulatory Flexibility Act narrows, and the Santa Rita Hills These soils are found on gentle to very separate it from the Lompoc Valley. steep slopes on high terraces and The provisions of the Regulatory Within the Santa Ynez Valley, the uplands. Elevations range from 200 to Flexibility Act relating to an initial and Santa Ynez River flows west, 1,500 feet. final regulatory flexibility analysis (5 descending in elevation from 750 feet at The Shedd-Santa Lucia-Diablo U.S.C. 603, 604) are not applicable to this Lake Cachuma to approximately 125 feet association consists of steep, well- final rule because it will not have a at the extreme western end. Vineyards drained shaly clay loams and silty clay significant economic impact on a within the valley range in elevation from loams. These soils occur on uplands substantial number of small entities. 200 to 400 feet for those planted in from 200 to 3,000 feet in elevation. This rule allows the petitioner and other proximity to the Santa Ynez River, to A few vineyards are planted in the persons to use an appellation of origin, 1,300-1,500 feet in elevation for Sorrento-Mocho-Camarillo soil "Santa Ynez Valley," on wine labels 16252 Federal Register / Vol. 48, No. 74 / Friday, April 15, 1983 / Rules and Regulations

and in wine advertising. This final rule §9.54 Santa Ynez Valley. (7) Then northeast in a straight line for is not expected to have significant (g) Name. The name of the viticultural approximately 2.6 miles to the secondary or incidental effects on a area described in this section is "Santa southwest corner of the La Zaca Land substantial number of small entities, or Ynez Valley," Grant. impose, or otherwise cause, a significant (b) Approved mops. The appropriate (8) Then following the boundary of the increase in the reporting, recordkeeping, maps for determining the boundaries of La Zaca Land Grant north, then east to or other compliance burdens on a the Santa Ynez Valley viticultural area its northeast corner. substantial number of small entities. are 12 U.S.G.S. quadrangle maps. They (9) Then east in a straight line for Accordingly, it is hereby certified are entitled: approximately 2.0 miles to the point of under the provisions of section 3 of the (1) "Figueroa Mountain, Cal.", 7.5 intersection of the La Laguna and Regulatory Flexibility Act (5 U.S.C. minute series, edition of 1959, Sisquoc Land Grants with the Los 605(b)), that this final rule will not have (2) "Foxen Canyon, Cal.", 7.5 minute Padres National Forest. a significant economic impact on a series, edition of 1964; (10) Then following the boundary of substantial number of small entities. (3) "Lake Cachuma, Cal.", 7.5 minute the Los Padres National Forest south, series, edition of 1959; east, and south until it intersects with Compliance With Executive Order 12291 *(4)."Lompoc, Cal.", 7.5 minute series, the eastern boundary of Section 29, T. 7 It has been determined that this final edition of 1959 (photorevised 1974); N., R. 29 W. rule is not a "major rule" within the (5) "Lompoc Hills, Cal.", 7.5 minute (11) Then south following the eastern meaning of Executive Order 12291 of series, edition of'1959; boundaries of Sections 29, 32, 5, 8, and February 17, 1981, because it will not (6) "Los Alamos, Cal.", 7.5 minute 17 to the boundary of the Cachuma have an annual effect on the economy of series, edition of 1959; Recreation Area at Bitt Benchmark 1074. $100 million or more; it will not result in (7) "Los Olivos, Cal.", 7.5 minute (12) Then following the boundary of a major increase in costs or prices for series, edition of 1959 (photoinspected the Cachuma Recreation Area west and consumers, individual industries, 1974); south to the point of intersection with Federal, State, or local government (8) "Santa Rosa Hills, Cal.", 7.5 minute the Los Padres National Forest. agencies, or geographic regions; and it series, 6dition of 1959; (13) Then south and west following will not have significant adverse effects (9) "Santa Ynez, Cal.", 7.5 minute the boundary of the Los Padres National on competition, employment, series, edition of 1959 (photorevised Forest to its intersection with the Las investment, productivity, innovation, or 1974); Cruces Land Grant at the southwest on the ability of United States-based (10) "Solvang, Cal.", 7.5 minute series, corner of Section 12, T. 5 N., R. 32 W. enterprises to compete with foreign- edition of 1959 (photorevised 1974); (14) Then north following'the based enterprises in domestic or export (11) "Zaca Creek, Cal.", 7.5 minute boundary of the Las Cruces Land Grant markets. series, edition of 1959; and to the southeast comer of Section 26, T. 6N., R. 32 W. List of Subjects in 27 CFR Part 9 (12) "Zaca Lake, Cal.", 7.5 minute series, edition of 1964. (15) Then west following the southern Administrative practice and (c) Boundaries.The Santa Ynez boundaries of Sections 26, 27, 28, and 29 procedure, Consumer protection, Valley viticultural area is located within to the intersection with the northern Viticultural areas, Wine. Santa Barbara County, California. The boundary of the San Julian Land Grant beginning point is found on the "Los at the southwestern corner of Section 29, Drafting Information Alamos, California" U.S.G.S. map where T. 6 N., R. 32 W. The principal author of this final rule California Highway 246 (indicated as (16) Then northwest following the is Charles N. Bacon, Research and Highway 150 on the Los Alamos map) boundary of the San Julian Land Grant Regulations Branch, Bureau of Alcohol, intersects with the 120°22'30" longitude to its intersection with the 120 22'30" Tobacco and Firearms. line. longitude line. (1) Then north following the 120022'30' (17) Then northwest in a straight line Authority and Issuance longitude line to Cebada Canyon Road. for approximately 3.2 miles to the point Accordingly, under the authority (2) Then northeast following Cebada where Santa Rosa Road intersects contained in 27 U.S.C. 205, the Director Canyon Road and an unnamed jeep trail Salsipuedes Creek. - is amending 27 CFR Part 9 as follows: to the northern boundary of Section 9, T. (18) Then following Salsipuedes Creek 7 N., R. 33 W. downstream to the point of confluence PART 9-AMERICAN VITICULTURAL (3) Then east following the northern with the Santa Ynez River. AREAS boundaries of Sections 9, 10, 11, 12, 7, (19) Then northeast in a straight line and 8 to the northeast corner of Section for approximately 1.4 miles to an Paragraph 1. The table of sections in 8, T. 7 N., R. 33 W. unnamed hill, elevation 597 feet. 27 CFR Part 9 is amended by adding § 9.54. As amended, the table of sections (4) Then south following the eastern (20) Then northeast in a straight line reads as follows: boundaries of Sections 8 and 17 to the for approximately 1.7 miles to the point intersection With the boundary dividing Sec. of beginning. the La Laguna and San Carlos de Jonata Signed: March 24, 1983. Land Grants. Subpart C-Approved American (5) Then east following the boundary W. T. Drake, Viticultural Areas between the La Laguna and the San Acting Director. * * * * * Carlos de Jonata Land Grants to the Approved: April 4, 1983. intersection with Canada de Santa 9.54 Santa Ynez Valley. Ynez. David Q. Bates, (6) Then northeast in a straight line for Deputy Assistant Secretary(Operations) Par. 2. Subpart C is amended by approximately 3.6 miles to Benchmark [FR Doc. 83-10113 Filed 4-14-83; 8:45 am] adding § 9.54 which reads as follows: 947 at U.S. Highway 101. BILLING CODE 4810-31- Federal Register / Vol. 48, No. 74 / Friday, April 15, 1983 / Rules and Regulations 16253

Office of the Secretary Act (5 U.S.C. 601 et seq.) because no EPA's review of Mississippi's laws, notice of proposed rulemaking is rules, and regulations shows them to be 31 CFR Part 3 required under 5 U.S.C. 553. A notice of adequate for the implementation and proposed rulemaking is not required enforcement of these Federal standards, Legal Review of Certain Small Tort because this rule addresses rules of and the Agency has made the Claims agency procedure: The processing of delegations as requested. AGENCY: Department of the Treasury. certain small tort claims. EFFECTIVE DATE: The effective date of ACTION: Final rule. Drafting Information the delegations of authority to Mississippi is March 25, 1983. SUMMARY: Under the existing The principal author of this document ADDRESSES: Copies of the request regulations was Ramon Estrada, Office of the for governing claims against the delegation Department of the Treasury under the General Counsel, Department of the of authority and EPA's letter. 'Federal Tort Claims Act, all claims must Treasury. However, other Treasury of delegation are available for public inspection at EPA's Region IV Office, be forwarded to the legal division of the personnel participated in its bureau or office out of whose activities development. 345 Courtland Street, N.E., Atlanta, Georgia 30365. the claim arose. This final rule amends List of Subjects in 31 CFR Part 3 31 CFR 3.3 such that legal review of All reports required pursuant to the certain claims for less than $500 will not Claims,-Federal tort claims; Claims newly delegated standards should not be mandatory. regulations. be submitted to the EPA Region IV office, but should instead be submitted The Treasury Department has Promulgation of Regulations to the following address: Mr. Dwight determined that certain small tort claims Part 3, Treasury Regulations Wylie, Chief, Air Quality Control, do not merit the time and expense of (31 CFR Part 3) is amended as set forth. Bureau of Pollution Control, P.O. Box legal review. By eliminating the 10385, Jackson, Mississippi 39209. requirement of legal review of certain Dated: April 1, 1983. small tort claims, Treasury Department Margery Waxman, FOR FURTHER INFORMATION CONTACT: attorneys will be able to spend more Actin8 General Counsel. Denise W. Pack, 404-881-3286. time on significant tasks, and thus a SUPPLEMENTARY INFORMATION: Sections more efficient allocation of employee PART 3-CLAIMS REGULATIONS 101, 110, and 111 of the Clean Air Act efforts will be realized. authorize the Administrator to delegate EFFECTIVE DATE: April 15, 1983. his authority to implement and enforce FOR FURTHER INFORMATION CONTACT: Subpart A-Claims Under the Federal the National Standards of Performance Jordan Luke, Assistant General Counsel Tort Claims Act for New Stationary Sources (NSPS) to (Enforcement & Operations), Room 2310, * * * * * any State which has submitted adequate Main implementation and enforcement Treasury Building, 1500 The first sentence of Pennsylvania Avenue, NW., § 3.3 is revised to procedures. read as follows: Washington, D.C. 20220 (202/566-5404) On November 30, 1981, EPA delegated to the State of Mississippi the authority SUPPLEMENTARY INFORMATION: § 3.3 Legal review. This final rule would eliminate the Any claim that exceeds $500, involves to implement the Standards of requirement of legal review of certain personal injuries or automobile damage, Performance for New Stationary or arises out of an incident that is likely Sources (NSPS). On December 23, 1982, tort claims under $500. Each bureau or Mississippi requested that office of the Treasury Department will to result in multiple claimants, shall be EPA delegate retain the right to subject all tort claims forwarded to the legal division of the the authority for the NSPS categories to legal review. Thus, this rule is bureau or office out of whose activities that had been promulgated subsequent to the original delegation of November optional; it is intended only for those the claim arose. * * * 30, 1981: bureaus or offices [FR that determine that Doc. 83-10109 Filed 4-14-83: 8:45 am] 1. Lead Acid Battery Manufacture,40 legal review of certain small tort claims BILLING CODE 4810-25-M is not necessary. CFR, Part60, Subpart KK, as promulgated on April 16, 1982. Under this rule, each bureau or office ENVIRONMENTAL PROTECTION may elect to process tort claims for less 2. PhosphateRock Operations,40 than $500 without legal review, if such AGENCY CFR, Part60, SubpartNN, as claims do not involve personal injuries promulgated on April 16, 1982. or automobile damage, or do not arise 40 CFR Part 60 3. Asphalt Processingand-Asphalt Roofing Manufacture, 40 CFR, Part60, out of an incident that is likely to result [A-4-PRL 2347-2] in multiple claims or claimants. Subpart UU, as promulgated on August 6, 1982. Authority Standards of Performance for New 4. IndustrialSurface Coating,Large Stationary Sources; Supplemental Appliances, 40 CFR, Part60, Subpart SS, This final rule is promulgated under Delegation of Authority to Mississippi the authority of 28 U.S.C. 2672. as promulgated on October 27,4982. AGENCY: Environmental Protection 5. Surface Coating-MetalFurniture, 40 Executive Order 12291 Agency. CFR, Part 60, SubpartEE, as This final rule is not subject to the ACTION: Informational notice. promulgated on October 29, 1982. provisions of Executive Order 12291 6. Metal Coil Surface Coating, 40 CFR, because the rule is related to agency SUMMARY: On December 23, 1982, the Part60, Subpart TT, as promulgated on organization, management or personnel. State of Mississippi requested a November 1, 1982. delegation of authority for the Action. I reviewed all of the pertinent Regulatory Flexibility Act implementation and enforcement of Mississippi laws, rules, and regulations This rule is not subject to the several additional categories of New and found them to be adequate for the provisions of the Regulatory Flexibility Source Performance Standards. implementation and enforcement of