29478 Federal Register / Vol. 51, No. 159 / Monday, August 18, 1986 / Proposed Rules or for foreign firms doing business in the SUPPLEMENTARY INFORMATION: North America. The bottomlands United States. Background drained by this river share similar Issued at Washington, DC, on July 10, 1986. geological history, topographical On August 23, 1978, ATF published features, and soils. Norman H. Plummer, Treasury Decision ATF-53 (43 FR 37672, The boundary of the proposed Directorof Environmentand Energy. 54624) revising regulations in Title 27, Code of Federal Regulations, Part 4. viticultural area encompasses [FR Doc. 86-16520 Filed 8-15-86; 8:45 am] approximately 53 square miles or 33,920 BILLING CODE 4910-13-M These regulations allow the establishment of definite American acres. The area is approximately 10 viticultural areas. The regulations also miles in length by 5 miles in width and allow the name of an approved is bisected by State Highway 101 and DEPARTMENT OF THE TREASURY viticultural area to be used as an the Salinas River which flows northwest 155 miles from its souce in San Luis Bureau of Alcohol, Tobacco and appellation of original in the labeling and advertising of wine. On October 2, Obispo County through Monterey Firearms 1979, ATF published Treasury Decision County into Monterey Bay. At the ATF-60 (44 FR 56692) which added to nothern end of the proposed viticultural 27 CFR Part 9 Title 27 a new Part 9 providing for the area, the elevation of the Salinas River listing of approved American viticultural is approximately 340 feet above sea [Notice No. 6011 areas. level; at the southern end, the evevation Section 4.25a(e)(1) defines an of the Salinas River is approximately San Lucas Viticultural Area American viticultural area as a 435 feet above sea level. delimited grape growing region The "San Lucas" viticultural area as AGENCY: Bureau of Alcohol, Tobacco distinguishable by geographical proposed includes the entire San Lucas and Firearms (ATF), Treasury. features. Section 4.25a(e)(2), outlines the Land Grant as well as the southern ACTION: Notice of proposed rulemaking. procedure for proposing an American fourth of the San Benito Land Grant and viticultural area. Any interested person the northern half of the San Bernardo SUMMARY: The Bureau of Alcohol, may petition ATF to establish a grape- Land Grant. Tobacco and Firearms proposes to growing region as viticultural area. The Within the area there are establish in Monterey County, petition shall include- approximately 5,000 acres devoted to California, an American viticultural area (a) Evidence that the name of the the cultivation of wine grapes. Areas to be known by the appellation "San proposed viticultural area is locally presently planted in wine grapes range Lucas." This proposal is based on a and/or nationally known as referring to from alluvial fans and terraces over 350 petition filed by Almaden Vineyards of the area specified in the petition; feet above sea level to low-lying hills San Jose, California. Almaden (b) Historical or current evidence that having maximal elevations of 800 feet Vineyards is one of several growers the boundaries of the viticultural area above sea level. The proposed area is having extensive vineyard operations in are as specified in the petition; entirely within the established Monterey the vicinity of the Town of San Lucas in (c) Evidence relating to the Viticultural Area. southern Monterey County, California. geographical features (climate, soil, The use of the name of an approved elevation, physical features, etc.) which History viticultural area as an appellation of distinguish the viticultural features of A Spanish navigator landed at origin in the labeling and advertising of the proposed area from surrounding wine allows the proprietor of a winery Monterey in 1602. Subsequent overland areas; expeditions from Mexico City to Alta to designate the area as a locale in (d) A description of the specific which grapes used in the production of a California included padres who boundary of the proposed viticultural established 21 missions along the wine are grown and enables the area, based on features which can be consumer to identify and to differentiate Camino Real in California. In the portion found on United States Geoglogical of California which later became between that wine and other wines Survey (U.S.G.S.) maps of the largest offered at retail. Monterey County, missions were applicable scale; and, established at Carmel, Soledad and San DATE: Written comments must be (e) A copy (or copies) of the Antonio. received by October 17, 1986. appropriate U.S.G.S. map(s) with the The Spanish imposed rigidly ADDRESSES: Send written comments to: proposed boundary prominently prescribed rules under which land was Chief, FAA, Wine and Beer Branch, marked. parceled into pueblos, presidios, Bureau of Alcohol, Tobacco and Petition missions and ranchos. From 1774 to Firearms, RE: Notice No., P.O. Box 385, Almaden Vineyards of San Jose, 1824, Spanish governors in Monterey Washington, DC 20044-0385. California, filed a petition for the awarded 34 relatively small parcels of Copies of this proposal, the petition, establishment of a viticultural area to be land as ranchos in present-day the appropriate maps, and the written known as "San Lucas" in southern Monterey County. comments will be available for public Monterey County, California, in the With Mexico's independence from inspection during normal business hours vicinity of the Town of San Lucas. Spanish rule in 1824, a succession of at: ATF Reading Room, Ariel Rios The petitioned area consists primarily Mexican governors ruled California. Federal Building, Room 4406, 1200 of bottomland and alluvial fans and These governors secularized the Pennsylvania Avenue NW., Washington, terraces in the floodplain of the Salinas extensive landholdings of the missions DC. River as well as the slopes of rolling by bestowing an additional 32 land FOR FURTHER INFORMATION CONTACT. hills to the east and west of this 10-mile- grants, eight of which were in excess of Michael J. Breen, Coordinator, FAA, long section of the Salinas Valley in 10,000 acres. From 1836 to 1842, 28 land Wine and Beer Branch, Room 6237, Monterey County. grants totaling over a quarter of a Bureau of Alcohol, Tobacco and The principal stream that drains the million acres wer awarded. The Rancno Firearms, Washington, DC 20226, valley is the Salinas River, the largest San Benito (6,671 acres) and the Rancho Telephone: (202) 566-7626. submerged or "upside-down" river in San Bernardo (13,346 acres) land grants Federal Register / Vol. 51, No. 159 / Monday, August 18, 1986 / Proposed Rules 29179 were awarded in 1841 and the Rancho elongated 84-mile-long Salinas Valley Soil San Lucas land grant (8,875 acres) was which ranges in width from 10 to 12 The basin of the Salinas River awarded in 1842. miles near the Town of Salinas at its From 1862 to 1890, Alberto Trescony contains a mix of alluvial sand, silt and northern end near the Monterey Bay to clay carried downstream over time by amassed extensive holdings of less than one mile at Bradley at the rangeland consisting of Rancho San tributaries from the mountains and hills southern end near the Monterey-San surrounding the Salinas Valley. The soil Benito and Rancho San Lucas as well as Luis Obsipo county line. the portion of Rancho San Bernardo in the vicinity of the Town of San Lucas north of present-day San Ardo. Distinguishing Characteristics is mostly Lockwood shaly loam, Trescony grazed large herds of sheep otherwise known as "Chalk Rock." The petitioner states that in addition and cattle on the land and rented tracts Other soil series common to the of land to tenant farmers who raised to history and name the proposed proposed area are Oceano (loamy sand), viticultural area is distinguished feed grains, primarily wheat and barley. from Metz complex (loam and sand), Garey As the area prospered, a large grain adjoining bottomlands to the northwest (sandy loam), Greenfield (fine sandy elevator was erected on a site which and southeast by temperature and by loam), and the Snelling-Greenfield later became the Town of San Lucas. climate and is distinguished from complex (loam). All are rapidly draining With the extension of railroad service highland areas to the east and west by to well drained, coarse to medium south to San Lucas in the 1880's, the differences in topography, elevation, textured soils that formed in alluvium. town continued to thrive and for a while geology, and soils. Slopes are 0 to 30 percent. The natural its size elipsed that of King City, its Data from the soil survey of Monterey vegetation consists of annual grasses immediate neighbor to the north. The County support restricting the "San and forbs. Roots penetrate to a depth of "San Lucas District," comprised of the Lucas" appellation to the area as more than 60 inches. Soils of these Town of San Lucas, the San Lucas and petitioned. series are used mostly for dryland grain San Benito land grants, and the northern and range. With the use of irrigation, half of the San Bernardo land grant, Topography and Elevation these soils can be planted to row crops gained a reputation for raising grain, The major physiographic units in such as grapes. cattle and horses. Monterey County are the valley lands of Climate The petition includes documentation the Salinas Valley, the Gabilan and of the planting of wine grapes in 1970. Diablo Ranges to the east of the valley, The climate of Monterey County Today, the area has approximately 5,000 and the Santa Lucia Range ranges from cool and moist along the acres devoted to wine grape cultivation. to the west of the valley. coast, where fog is common, to hot and A drive south along State Highway 101 dry in inland areas in the southern part from King City past San Lucas to San The topography of the proposed of the county. viticultural area ranges from Ardo reveals mile after mile of bottomland There are different climatic regions vineyards planted on land extending to and alluvial fans and terraces in the within the county. The transitions the bases of the hills along both sides of flood plain of the Salinas River to the between regions are gradual. The the roadway. gently rolling Cholame Hills in the regions are the coastal areas and valleys Diablo Range east of the proposed area Name that open to the coast; interior valleys and the somewhat steeper slopes along generally surrounded by foothills and "San Lucas" is the name used locally canyons in the foothills of the Santa to 'designate mountains; the foothills; and the higher the agricultural district in Lucia Range west of the proposed area. more rugged mountainous areas. There southern Monterey County in which is Elevations of existing grape plantings located the Town of San Lucas. Because is a great difference between the range from bottomlands at 350 feet to maximum and minimum temperatures of the history of ownership by Alberto hills at 800 feet above sea level. Lying Trescony as well as references to the from one region to another. entirely within the approved Monterey Temperatures near the coast are "San Lucas" agricultural district, ATF viticultural area, the boundary of the believes that the name "San Lucas" uniform throughout the year. However, proposed San Lucas viticultural area as distance from water increases, the applies to the area within the land grant defines a region well suited for bearing that name as well as to the ranges between seasonal highs and lows viticulture. The topography of the area southern portion of the San Benito Land and between daytime highs and ensures adequate Grant and to the portion of the San ventilation for nighttime lows during the growing Bernardo land grant lying northwest of viticulture. season widen. San Ardo. Geology The mean annual temperature for Monterey County ranges only from 55 Geography The geology of the proposed area to 59 *F. The mean maximum The proposed San Lucas viticultural varies little from adjoining basin lands temperature averages about 100 °F near area consists of bottomland and alluvial to the northwest but does differ Jolon in the interior (15 miles to the fans and terraces in the floodplain of the significantly from that of the hills and southwest of the Town of San Lucas) Salinas River as well as the slopes of mountains to the east and west. The but only about 79 on the Monterey rolling foothills which form the east and basin of the Salinas Valley consists of Peninsula. The mean minimum west portions of the proposed boundary. sand and gravel alluivia. The central temperature for Jolon is 300 and for the Straight lines drawn between the part of the Santa Lucia Range directly Peninsula, about 410. promontories of foothills ranging in west of the proposed area is composed Along the coast, the average annual elevation from 499 feet to 1,230 feet of diatomaceous shale and massive temperature is 57 *F, and freezing above sea level form the boundary of sandstone. The Cholame Hills in the temperatures are rare. In the southern the area. The proposed viticultural area Diablo Range to the east consist chiefly part of the county, however, greater is approximately 10 miles in length from of calcareous shale. The San Ardo area extremes in temperature and higher north to south and over 5 miles in width southeast of the proposed area yields average temperatures prevail. Annual from west to east. The area is part of the gas and oil. precipitation ranges from about 105 29480 Federal Register / Vol. 51, No. 159 / Monday, August 18, 1986 / Proposed Rules inches along the crest of the Santa Lucia Grape growing in the Salinas Valley Based on the averages of degree-day Range to 10 inches in southernmost requires irrigation from May to October. records maintained by the petitioner for Salinas Valley. Almost all of the irrigation water is the vineyards near King City and San The climate of Monterey County is pumped via wells from the large aquifer Lucas for the 11-year period 1974 to strongly affected by the proximity of the of the submerged Salinas River. Water 1984, ATF has calculated the following: Pacific Ocean. Its moderating influence released during the summer from the limits the range of daily highs and lows reservoirs of the Nacimiento and San Heat Climatic Station County sum- as well as the annual range of Antonio dams into the Salinas River mation region temperature, keeping summers cool and maintains a steady flow and supply for winters moderately warm close to sprinkler and drip irrigation. King City ...... Monterey ...... 3389 II1 water. Coastal areas are very cloudy in The location of the proposed "San San Lucas ...... Monterey ...... 3734 IV summer, especially during the evening, Lucas" viticultural area in the inland night and morning. Nighttime cloudiness southern end of the Salinas Valley Comparing the published data for is common throughout the Salinas allows a distinction on climatological selected stations in the vicinity of San Valley during much of the summer; characteristics from the rest of the Lucas with the calculations for the however, as the distance from the ocean county in that the area experiences heat petitioner's vineyards near King City increases, the clouds are fewer, and they and less intrusion of the fog common to and San Lucas, ATF concludes that form later in the evening and clear those portions of the Salinas Valley there is a difference in climatic regions earlier in the morning. which are closer in proximity to the between San Lucas and King City which Inland, the pattern of climate becomes Monterey Bay. is north of San Lucas. King City more complex as the maritime influence The April through October growing experiences more of the marine interacts with mountain barriers and season of the proposed viticultural area influence due to its proximity to the inland heating. The coastal mountains in is distinctly warmer than that of the Monterey Bay. the central and southern parts of the portion of the Salinas Valley to the San Miguel is situated in San Luis county hold marine air away from the northwest and cooler than that of the interior, but as the sun heats the middle Obispo County approximately 30 miles and southern parts of the Salinas Valley portion of the valley to the southeast. south of the Town of San Lucas. Both and higher elevations near the adjacent The climate of the area is characterized San Lucas and San Miguel are classed in by cold summer night temperatures, Climatic Region IV and both experience mountains, rising warm air draws cooler dropping as much as 40 degrees below marine air from Monterey Bay into the long daily periods of high heat and valley. As a result of this sequence of daytime highs. sunlight due to their inland locations heating and cooling effects of wind and The petitioner has supplied and distance from the coast and its marine fog, daily and annual thermograph readings documenting a 30- marine influence. temperatures in the county's interior degree range between high and low Winds and fog generated by high and range widely. temperatures at Almaden's vineyard low pressures between the inland hills Average annual temperatures of about situated east of King City and a 40- and the year-round temperature of 55 60 °F are characteristic of the Salinas degree range between high and low degrees Fahrenheit for the waters of the Valley. Temperatures farther inland in temperatures at Almaden's vineyard Monterey Bay are an additional cooling the southern Salinas Valley, however, situated south of San Lucas. factor in summer. These cooling winds climb fairly high during the day before "General Viticulture" by Winkler, are distinguished from those of the San the sea breeze becomes effective. In Cook, Kliewer and Lider (1974) Joaquin Valley to the east. The San summer, the average daily maximum identifies, in part, winegrowing climatic Joaquin Valley is classed in Climatic temperature remains in the low 60s regions and heat summations, i.e., Region V. degree-days above 500 F for the period along the coast and ranges from the Proposed Boundary middle 80s to the middle 90s in the April 1 through October 31, for the southern end of the Salinas Valley and following locations in Monterey, San The boundary of the proposed San the eastern mountain area. Readings of Joaquin and San Luis Obispo (SLO) Lucas viticultural area may be found on 115 °F have been made in the counties: four United States Geological Survey southeasternmost inland reaches of the maps of the 7.5 minute series, scale Salinas Valley. Heat Climatic 1:24,000. The boundary is described in Station County sum- ctmatn Precipitation, mostly rain, occurs mation region proposed § 9.56. chiefly in winter. As a result of the Compliance with Executive Order 12291 terrain and the maritime influence, the Gonzales ...... Monterey ...... 2350 1 Soledad ...... Monterey ...... 2880 It amount of precipitation varies San Luis Obispo .SLO ...... 2620 II It has been determined that this considerably from point to point. In Atascadero. SLO ...... 2870 It proposed regulation is not a "major most areas of the coastal range, the Paso Robles ...... SLO ...... 3100 It San Miguel ...... SLO ...... 3890 IV rule" within the meaning of Executive annual amount averages more than 20 Stockton ...... San Joaquin ...... 4160 V Order 12291 of February 17, 1981, inches and is about 80 inches at higher because it will not have an annual effect elevations. Most of the Salinas Valley is on the economy of $100 million or more; in the rain shadow of the coastal range The heat summations for the five it will not result in a major increase in and, consequently, the annual total climatic regions are: costs or prices for consumers, individual precipitation drops to as little as 10 industries, Federal, State, or local inches in areas to the south of King City. Region Degree-days government agencies, or geographic East of the Salinas Valley, precipitation regions; and it will not have significant than 2,500..Less increases again on the western slopes of to 3.000. .~2501 adverse effects on competition, the Gabilan and Diablo Ranges with III...... 3,00110o 3,500. employment, investment, productivity, about 20 inches reported at the higher IV...... * **- ...... ** 3.501to 4,000. V...... 4,001 or more. innovation, or on the ability of United elevations. States-based enterprises to compete Federal Register / Vol. 51, No. 159 / Monday, August 18, 1986 / Proposed Rules 29481 with foreign-based enterprises in The Director reserves the right to boundary proceeds northeasterly in a domestic or export markets. determine, in light of all circumstances, straight line approximately 0.35 mile to whether a public hearing will be held. the 630-foot promontory in section 32, T. Regulatory Flexibility Act 20 S., R. 9 E.; Paperwork Reduction Act The provisions of the Regulatory (1) Then east southeasterly in a Flexibility Act relating to an initial and The provisions of the Paperwork straight line approximately 0.6 mile to final regulatory flexibility analysis (5 Reduction Act of 1980, Pub. L. 96-511, 44 the 499-foot promontory in the U.S.C. 603, 604) are not applicable to this U.S.C. Chapter 35, and its implementing southwest corner of section 33, T. 20 S., proposal because the notice of proposed regulations, 5 CFR Part 1320, do not R. 9 E.; rulemaking, if promulgated as a final apply to this notice because no (2) Then east southeasterly in a rule, will not have a significant requirement to collect information is straight line approximately 1.3 miles to economic impact on a substantial imposed. the 847-foot promontory in section 3, T. number of small entities. The proposal Drafting Information 21 S., R. 9 E. on the "Nattrass Valley will not impose, or otherwise cause, a quadrangle" map; The principal author of this document (3)Then south southeasterly in a significant increase in reporting, is Michael J. Breen, FAA, Wine and Beer recordkeeping, or other compliance straight line approximately 2.2 miles to Branch, Bureau of Alcohol, Tobacco and the 828-foot promontory in section 14, T. burdens on a substantial number of Firearms. small entities. The proposal is not 21 S., R. 9 E. on the "San Ardo expected to have significant secondary List of Subjects in 27 CFR Part 9 Quadrangle" map; or incidental effects on a substantial Administrative practices and (4) Then east southeasterly in a number of small entities. procedures, Consumer protection, straight line approximately 1.3 miles to Accordingly, it is hereby certified Viticultural areas, and Wine. the 868-foot promontory in section 13, T. under the provisions of Section 3 of the 21 S., R. 9 E.; Regulatory Flexibility Act (5 U.S.C. Authority and Issuance (5) Then southeasterly in a straight 605(b)) that this notice of proposed Title 27, Code of Federal Regulations, line approximately 0.94 mile to the 911- rulemaking, if promulgated as a final Part 9, American Viticultural Areas, is foot promontory in section 19, T. 21 S,, rule, will not have a significant amended as follows: R. 10 E.; economic impact on a substantial (6) Then easterly in a straight line number of small entities. PART 9-AMERICAN VITICULTURAL approximately 1.28 miles to the 1,042- AREAS foot promontory in section 20, T. 21 S., Public Participation Paragraph. 1. The authority citation R. 10 E.; ATF requests comments from all for 27 CFR Part 9 continues to read as (7) Then east northeasterly in a interested parties. Comments received follows: straight line approximately 1.28 miles to before the closing date will be carefully the 998-foot promontory in southeast Authority: 27 U.S.C. 205. corner of section 16, T. 21 S., R. 10 E.; considered. Comments received after Par. 2. The table of sections in 27 CFR the closing date and too late for (8) Then southerly in a straight line Part 9, Subpart C, is amended to add the approximately 2.24 miles to the 1,219- consideration will be treated as possible as follows: suggestions for future ATF action. title of § 9.56 to read foot promontory near the east boundary ATF will not recognize any comment Subpart C-Approved American Viticultural of section 28, T. 21 S., R. 10 E.; as confidential. Comments may be Areas (9) Then southwesterly in a straight disclosed to the public. Any material Sec. line approximately 1.5 miles to the 937- which a commenter considers to be 9.56 San Lucas. foot promontory near the North confidential or inappropriate for Par. 3. Subpart C is amended by boundary of section 32, T. 21 S., R. 10 E.; disclosure to the public should not be adding § 9.56 to read as follows: (10) Then southwesterly in a straight included in the comment. The name of line approximately 0.34 mile to the 833- the person submitting a comment is not Subpart C-Approved American foot promontory in section 32, T. 21 S., Viticultural Areas exempt from disclosure. R. 10 E.; Thermograph readings supplied by the §9.56 San Lucas. (11) Then south southeasterly in a petitioner support a "warm" Climatic straight line approximately 0.5 mile to (a) Name. The name of the viticultural in Region III classification for the is "San the 866-foot "Rosenberg" promontory area described in this section section 32, T. 21 S., R. 10 E.; petitioner's vineyard east of King City Lucas." and a "cool" Climatic Region IV (b) Approved mops. The appropriate (12) Then south southeasterly classification for the petitioner's maps for determining the boundary of approximately 1.1 mile to the 781-foot promontory in section 5, T. 22 S., R. 10 vineyard south of San Lucas. Based on San Lucas viticultural area are the E.; this data, ATF has proposed a northern following four U.S.G.S. topographical leg of the boundary for the area. Since maps of the 7.5 minute series: San Lucas, (13) Then southeasterly in a straight the transition between the two climatic CA, 1949, photorevised 1979, Nattrass line approximately 0.7 mile to the 767- regions is gradual, however, ATF Valley, CA, 1967, San Ardo, CA, 1967, foot promontory in section 9, T. 22 S., R. requests the submission of any and, Espinosa Canyon, CA, 1949, 10 E.; additional thermograph readings taken photorevised 1979. (14) Then southerly in a straight line from various points in the extensive (c) Boundary.The San Lucas approximately 0.5 mile to the 647-foot vineyards which are situated viticultural area is located in Monterey promontory along the south boundary of immediately northwest of the boundary County in the State of California. The section 9, T. 22 S., R. 10 E.; as proposed. Readings recorded over at boundary is as follows: Begnnning on (15) Then southwesterly in a straight least the past 10 years would be helpful the "San Lucas Quadrangle" map at the line approximately 2.67 miles to the 835- in delineating the north leg of the northwest corner of section 5 in foot promontory in section 19, T. 22 S., boundary. Township 21 South, Range 9 East, the R. 10 E.; 29482 Federal Register / Vol. 51, No. 159 / Monday, August 18, 1986 / Proposed Rules

(16) Then west southwesterly in a provide for more efficacious The amendment to § 1613.213 straight line approximately 1.1 miles to investigations, appeals and compliance addresses the problem of lengthy EEO the 1,230-foot promontory in section 24, with Commission decisions in Federal counseling periods without the T. 22 S., R. 9 E.; employment. aggrieved being informed of the right to (17) Then north northwesterly in a DATE: Written comments file a complaint. The regulation straight line approximately 1.4 miles to on the proposed regulations must be received eliminates the 21 day notice and the 1,149-foot promontory in section 14, requires the EEO Counselor to issue the T. 22 S., R. 9 E.; on or before September 17, 1986. The Commission proposes to consider any notice of final interview not later than (18) Then northwesterly in a straight the 30th day after the aggrieved person line approximately 0.57 mile to the 1,128- comments received and thereafter adopt final regulations. contacted the Counselor. In addition, the foot promontory in section 11, T. 22 S., proposed regulation requires the EEO ADDRESS: Comments R. 9 E.; should be Counselor's report to be submitted after (19) Then west southwesterly addressed to the Office of the Executive in a a complaint has been filed, rather than Secretariat, Room 5215, Equal straight line approximately 0.58 mile to when a complaint has been accepted, so Employment Opportunity Commission, the 1,220-foot promontory near the north that the report may be used to make a 2401 E Street, NW., Washington, boundary of section 15, T. 22 S., R. 9 E.; DC decision on the complaint. The proposed 20507. Copies (20) Then northwesterly in a straight of comments submitted by § 1613.214 addresses a number of the public will be line approximately 1.33 miles to the available for review at practical problems concerning 1,071-foot promontory in the the Commission's Library, Room northwest 298, representatives and employees working corner 2401 E Street, NW., Washington, of section 9, T. 22 S., R. 9 E.; DC swing or night shifts. The proposed (21) Then northwesterly 20507, between in a straight the hours of 9:30 a.m. regulation explicitly indicates that an line approximately 2.82 and 5:00 p.m. miles to the agency is not obligated to change work 1,004-foot promontory in section 31, T. FOR FURTHER INFORMATION CONTACT: schedules, incur overtime wages, or pay 21 S., R. 9 E.; on the "Espinosa Canyon Nicholas M. Inzeo, Assistant Legal travel expenses to facilitate the choice Quadrangle" map; Counsel, Legal Services, or James Lager, of a specific representative or to allow a (22) Then north northwesterly in a Staff Attorney, at 634-6690. complainant and the representative to straight line approximately 1.32 miles to confer. The proposed regulation allows the 882-foot promontory in section 25, T. SUPPLEMENTARY INFORMATION: Pursuant official time, however, for all employees 21S., R. 8 E.; to Reorganization Plan No. 1 of 1978, 43 (23) Then northwesterly in a straight FR 19807 (May 9, 1978) and Executive otherwise in pay status, if their presence is required or authorized in the line approximately 1.05 miles to the 788- Order 12106, 44 FR 1053 (December 28, investigation, informal adjustment foot promontory in section 23, T. 21 S., 1978), authority for the administration or R. 8 E.; and enforcement of equal opportunity in hearing on a complaint. (24) Then northerly in a straight line federal employment, previously vested Language has been added to proposed approximately 1.54 miles to the 601-foot in the Civil Service Commission, was § 1613.214(b) to indicate that promontory in section 13, T. 21 S., R. 8 transferred to the Equal Employment representatives can be disqualified for E.; Opportunity Commission. The conflicts of interest. In addition, the title (25) Then northeasterly in a straight Commission is specifically granted the of this subsection has been changed to line approximately 3.2 miles to the point authority to issue rules, regulations, reflect more accurately its contents. of beginning. orders and instructions pursuant to Title Section 1613.215 provides two VII of the Civil Rights Act of 1964, 42 additional grounds for rejecting or Signed: August 8, 1986. U.S.C. 2000e-16(b); the Age cancelling complaints of discrimination: W.T. Drake, Discrimination in Employment Act of (1) Where the complainant has filed a Acting Director. 1967, 29 U.S.C. 633a(b); the civil action in U.S. District Court, and (2) [FR Doc. 86-18580 Filed 8-15-86; 8:45 am] Rehabilitation Act of 1973, 29 U.S.C. where the complainant fails to accept an BILLING CODE 4810-31-M 794a(a)(1), and Executive Order 12067. agency's offer of full relief in settlement Pursuant to the foregoing authorities, of the complaint. At present agencies EQUAL EMPLOYMENT OPPORTUNITY the Commission is publishing proposed are required to continue administrative regulations to resolve certain problems processing of the complaint, COMMISSION in federal sector complaint processing notwithstanding the complainant's procedures 29 CFR Part 1613 and appeals to the election to proceed in the judicial forum. Commission from agency decisions on Administrative processing currently is federal employment discrimination terminated only upon its completion or Equal employment Opportunity In the Federal Government: Complaints of complaints. when the court has entered a final judgment on the complaint. The Discrimination I. Proposed Amendments Affecting proposed regulation ends processing of Investigation And Processing Of AGENCY: Equal Employment Opportunity the same complaint in two forums, Employment Discrimination Complaints Commission. In The Federal Sector. saving time and resources. ACTION: Notice of proposed rulemaking. The second new ground for The current regulation § 1613.212 has cancellation of a complaint is where the SUMMARY: The Equal Employment been misconstrued to suggest that a agency has offered a complainant full Opportunity Commission is proposing to complainant cannot file a complaint relief to settle a complaint but the revise its regulations on equal against more than one agency. The complainant rejects the offer and insists employment opportunity in the federal proposed amendment removes the on continued administrative processing government (29 CFR Part 1613). The requirement that a complainant restrict of the complaint. A complainant has the regulations in Part 1613 cover the the scope of the complaint to alleged right to appeal the adequacy of an processing of complaints and appeals discrimination by the employing agency. agency's offer of full relief to the regarding employment discrimination in Section 1613.601 would be similarly Commission. In addition, the grounds for the Federal sector. These proposals revised. rejection or cancellation have been