53048 Federal Register / Vol. 47, No. 227 1 Wednesday, November 24, 1982 / Proposed Rules

prescribed by the Secretary, the terms the Department reviews the executed DATE: Written comments must be and conditions upon which the mortgage loan documents in accordance with the received by January 10, 1983. will be insured. procedure set forth in § 200.163, if the ADDRESS: Send written comments to: (b) Except as set forth in § 200.164(f), documents are acceptable the loan is Chief, Regulations and Procedures commitments are not issued by HUD endorsed. Division, Bureau of Alcohol, Tobacco under the single family Program of and Firearms, P.O. Box 385, Washington, PART 237-AMENDED] Direct Endorsement. Under this Program DC 20044-0385, Attention: Notice No. the Department reviews the executed 14. Part 237 is amended by revising 435. loan documents in accordance with the § 237.5 to read as follows: procedure set forth in § 200.163, and if Copies of the petition, the proposed the documents are acceptable the loan is §237.5 Cross-reference. regulations, the appropriate maps, and written comments will be available for endorsed.. 11. Part To be eligible for insurance under this 203 would be amended by public inspection during normal subpart, a mortgage shall meet all of the business hours at: ATF Reading Room, revising § 203.255 to redd as follows: eligibility requirements for insurance Room 4405, Federal Building, 12th and § 203.255 Insurance of mortgage. under § § 203.1 et seq. (Part 203, Subpart Pennsylvania Avenue NW., Washington, A) of this chapter; § § 220.1 et seq. (Part (a) Upon compliance with a D.C. 220, Subpart A) of this chapter; § § 221.1 commitment, the Secretary will insure et seq. (Part 221, Subpart A) of this FOR FURTHER INFORMATION CONTACT: the loan and will provide evidence of chapter; or §§ 234.1 et seq. (Part 234, Charles N. Bacon, Research and Regulations the insurance by the issuance of a Subpart A) of this chapter, except that Branch, Bureau of Alcohol, Tobacco and Mortgage Insurance Certificate. the mortgage shall comply with the Firearms, Washington, DC 20226, (b) For applications involving special requirements of this Telephone: 202-566-7626. mortgages originated under the single subpart. Mortgages and loans processed under SUPPLEMENTARY INFORMATION:. family Direct Endorsement Program, if the Direct Endorsement Program set the mortgagee submits to the Secretary Background within 30 days after the date of closing forth in § 200.163 shall not be eligible under this part. of the loan, or such additional time as ATF regulations in 27 CFR Part 4 permitted by the Secretary, the (Sec. 211, National Housing Act (1 U.S.C., allow the establishment of definite documentation required by § 200.163, 1715(b)); Sec. 7(d). Department of HUD Act viticulatural areas. These regulations and certifies that the principal amount (42 U.S.C., 3535(d)) also allow the name of an approved of the loan has been disbursed to the Dated: September 22, 1982. viticultural area to be used as an mortgagor or for the mortgagors account Philip Abrams, appellation of origin on wine labels and in wine.advertisements. Section 9.11, the Secretary will insure the loan and GeneralDeputy, Assistant Secretaryfor evidence the -insurance by the issuance Housing, Deputy FederalHousing Title 27, CFR, defines an American of a Mortgage Insurance Certificate. Commissioner. viticultural area as a delimited grape- growing region distinguishable by After this endorsement the mortgagee is [FR Doc. 82-3.2280 Filed 11-23-82: 8:45am] entitled to the benefits of insurance BILLING CODE 4210-27-M geographical features. Section subject to compliance with the 4.25a(e)(2) outlines the procedure for regulations which are, in effect, a part of proposing an American viticultural area. Any interested person may petition ATF the insurance contract. DEPARTMENT OF THE TREASURY to estalbish a grape-growing region as a PART 233-[AMENDED] Bureau of Alcohol, Tobacco and viticultural area. The petition should 12. Section 233.5 would be amended Firearms include: by adding a new paragraph (a)(6) to (a) Evidence that the name of the read as follows: 27 CFR Part 9. proposed viticultural area ia locally and/or nationally known as referring to § 233.5 Cross-reference. [Notice No. 435] the area specified in the petition; (a)* * * (b) Historic or current evidence that (6) Mortgages and loans processed Santa Ynez Valley Viticultural Area the boundaries of the viticultural area under the Direct Endorsement Program AGENCY: Bureau of Alcohol, Tobacco are as specified in the petition; set forth in § 200.163 shall not be eligible and Firearms (ATF), Treasury. (c) Evidence relating to the geographic under this part. ACTION: Notice of proposed rulemaking. characteristics (climate, soil, elevation, physical features, etc.), which PART 234-[AMENDED] SUMMARY: The Bureau of Alcohol, distinguish the viticultural features of 13. Part 234 would be amended by Tobacco and Firearms is considering the the proposed area from surrounding revising § 234.12 to read as follows: establishment of an American areas; viticultural area in California known as (d) A description rf the specific § 234.12 Approval and commitment. "Santa Ynez Valley." This proposal is boundaries of the viticultural area, (a) Upon approval of an application, the result of a petition from the based on features which are found on acceptance of the mortgage for Firestone Vineyard, a bounded winery United States Geological Survey insurance may be evidenced by the in Los Olivos, California. The (U.S.G.S.) maps of the largest applicable issuance of a commitment setting forth, establishment of viticultural areas and scale; and upon a form prescribed by the Secretary, the use of viticultural area names in (e) A copy of the appropriate U.S.G.S. the terms and conditions upon which the wine labeling and advertising will allow maps with the boundaries prominently' mortgage will be insured. wineries to better designate the specific marked. (b) Except as set forth in § 200.164(f), grape-growing area where their wines commitments are not issued by HUD come from, and will enable consumers Petition under the single family Program of to better identify the wine they ATF has received a petition to Direct Endorsement. Under this Program purchase. establish a viticultural area located Federal Register / Vol. 47, No. 227 / Wednesday, November 24, 1982 / Proposed Rules 53049 53049 within Santa Barbara County, To the south, the Santa Ynez the growing season. Fog is present to California, to be known as "Santa Ynex Mountains range in elevation from 800 elevations of 1,000 to 1,200 feet in the Valley." The proposed area is.a valley to 2,500 feet. These mountains separate valley and nearly all vineyards are centered around the Santa Ynez River. the Santa Ynez Valley from the Pacific influenced by it. The total area comprising the Santa Ocean. (e) Northern Santa Barbara County Ynez Valley viticultural area is 285 To the west, the Santa Ynez Valley contains 14 major soil associations, but square miles. The petitioner, the narrows, and the Santa Rita Hills the Santa Ynez Valley contains only 7 Firestone Vineyard, is a bonded winery separate the valley from the Lompoc major associations. Vineyard plantings and vineyard located in Los Olivos Valley. are confined almost entirely to 3 of these within the proposed area. The petition is Within the Santa Ynez Valley, the soil associations. based on the following information: Santa Ynez River flows west, The Positas-Ballard-Santa Ynez (a) The name "Santa Ynez" was given descending in elevation from 750 feet at association consists of well-drained fine to the mission established in 1804 by the Lake Cachuma to approximately 125 feet sandy loams to clay loams. These soils first European settlers in the valley. This in elevation at the extreme western end. occur on level to moderately steep mission was dedicated to Saint Agnes, Vineyards within the valley range in slopes in the upper Santa Ynez Valley at and Santa Ynez was the name applied elevation from 200 to 400 feet for those elevations of 500 to 1,000 feet. to the town, river, and valley. The Santa -planted in proximity to the Santa Ynez Another association, the Chamise- Ynez Valley is well known today as a River, to 1,300-1,500 feet in elevation for Arnold, Crow Hill association, consists tourist center featuring Danish vineyards planted in the foothills of the of well-drained to excessively well- architecture and cuisine in the town of San Rafael Mountains. Vineyards drained sand loams and clay loams. Solvang. around Los Olivos range between 650 These soils are found on gentle to very (b) Grape-growing and winemaking feet and 900 feet in elevation, those steep slopes on high terraces and were extensive in Santa Barbara County around Santa Ynez are between 500 and uplands. Elevations range from 200 to prior to Prohibition. The Santa Ynez 600 feet in elevation, while vineyards 1,500 feet. Valley itself contained over 5,000 acres planted near Buelton range from 300 to The Shedd-Santa Lucia-Diablo of vineyards. However, Prohibition 600 feet in elevation. association consists of steep, well- ended the industry in the valley, and (d) The natural boundaries and the drained shaly clay loams and silty clay vineyards were not replanted after position of the Santa Ynez Valley in loams. These soils occur on uplands Repeal. proximity to the Pacific Ocean give the from 200 to 3,000 feet in elevation. In 1969, the first commercial vineyards valley a moderate and stable climate A few vineyards are planted in the since PrQhibition were planted in the providing ideal wine grape-growing Sorrento-Mocho-Camarillo soil valley just east of Solvang. Additional conditions. association. These soils are nearly level acreage was planted during the next The Santa Ynez Valley is a cool and consist of well-drained to somewhat decade, especially 1972-1973, by region II on the scale developed by poorly-drained sandy loams and silty winemakers attracted to the climate of. Winkler and Amerine of the University loams. They are found on the flood the valley, and its remoteness from of California. Solvang in the center of plains and alluvial fans along the Santa urban encroachment. Today there are the valley registers an average of 2,680 Ynez River. overy 20 vineyards encompassing 1,200 degree days. This contrasts with 1,970 (f) The boundaries of the proposed acres within the proposed viticultural degree days (region I) in nearby Lompoc, viticultural area consist of many land area and 8 wineries have been bonded. and with 2,820 degree days for Santa grant and section boundaries. In many Grape varietals grown include Cabernet Barbara, south of the Santa Ynez cases, these boundaries closely Sauvignon, Riesling, Chardonnary, Mountains. Within the Santa Ynez approximate ridgelines, but have been Merlot, Sauvignon Blanc, Valley, summertime temperatures used because they are more easily Gewurztraminer, and Pinot Noir. increase from west to east upstream described on U.S.G.S. maps. The Commercial production of Santa Ynez along the Santa Ynez River. boundaries are fully described in the Valley wines began in the mid 1970's, The western boundary of the proposed regulation. and the Santa Ynez Valley, California viticultural area is created by the Santa ATF notes that the proposed appellation currently appears on many Rita Hills. These hills block the colder viticultural area comprises lables of wines from the region. ocean air, prevalent at Lompoc, from approximately 285 square miles,but (c) Topography and geography entering the Santa Ynez Valley. includes only 1,200 acres of vineyards. distinguish the Santa Ynez Valley, To the east, the boundary of the Since a viticultural area is defined as a viticultural area from surrounding areas. viticultural area is drawn along delimited grape-growing region, ATF The valleyitself surrounds the Santa recognizable map features which solicits comments on ways in which the Ynez River and is defined by mountains approximately delineate the cooler proposed area could be reduced in size. to the north and south, by Lake temperatures of the Santa Ynez Valley Cachuma and the Los Padres National from warmer temperatures further Public Participation Forest to the east, and by a series of low inland. The northern boundary of the ATF requests comments from all hills to the west. The Purisima Hills to viticultural area is formed by the interested persons concerning the the north rise from 1,200 to 1,700 feet in Purisima Hills and San Rafael proposed viticultural area. All comments elevation, and separate the Santa Ynez Mountains, while the Santa Ynez received before the closing date will Valley from the Los Alamos Valley. The Mountains constitute the souther'n carefully considered. Comments San Rafael Mountains, also to the north, boundary. received after the closing date and too separate the valley from the Santa Rainfall averages 16 inches within the late for consideration will be treated as Maria Valley, previously approved as an Santa Ynez Valley although it is possible suggestions for future ATF American viticultural area. These variable from year to year. Fog also action. mountains generally range in elevation plays an important factor in the climate ATF will not recognize any material in from 1,400 to 2,600 feet, with the highest of the proposed viticultural area by comments as confidential. Comments peak being 4,528 feet. keeping the valley cool and moist during may be disclosed to the public. Any 53050 Federal Register / Vol. 47, No. 227 / Wednesday, November 24, 1982 / Proposed Rules material which the respondent considers States-based enterprises to compete (10) "Solvang, Cal.", 7.5 minute series, to be confidential or inappropriate for with foreign-based enterprises in edition of 1959 (photorevised 1974); disclosure to the public should not be domestic or export markets. (11) "Zaca Creek, Cal.", 7.5 minute included in the comments. The name of series, edition of 1959; and any person submitting comments is not List of Subjects in 27 CFR Part 9 (12) "Zaca Lake, Cal.", 7.5 minute exempt from disclosure. Administrative practices and series,.edition of 1964; Any interested person who desires an procedures, Consumer protection, (6) Boundaries.The Santa Ynez opportunity to comment orally at a Viticultural areas, and Wine. Valley viticultural area is located within public hearing on this proposed Drafting Information Santa Barbara County, California. The viticultural area should submit his or her beginning point is found on the "Los request, in writing, to the Acting The principal author of this Alamos, California" U.S.G.S. map where Director within the 45-day comment dcocument is Charles N. Bacon, California Highway 246 (indicated as period. The Acting Director reserves the Research and Regulations Branch, Highway 150 on the Los Alamos map) right to determine'whether a public Bureau of Alcohol, Tobacco and intersects with the 120°22'30" longitude hearing should be held. Firearms. line. Regulatory Flexibility Act Authority and Issuance (1) Then north following the 120'22'30" longitude line to Cebada Canyon Road. The provisions of the Regulatory Accordingly, under the authority (2) Then northeast following Cebada Flexibility Act relating to an initial and contained in 27 U.S.C. 205, the Director Canyon Road and an unnamed jeep trail final regulatory flexibility analysis (5 proposes the amendment of 27 CFR Part 9 as follows: to the northern boundary of Section 9, T. U.S.C. 603, 604) are not applicable to this 7 N., R. 33 W. proposal because this proposed rule, if (3) Then east following the northern issued as a final rule, will not have a PART 9-AMERICAN VITICULTURAL AREAS boundaries of Sections 9, 10, 11, 12, 7, significant economic impact on a and 8 to the northeast corner of Section substantial number of small entities. Paragraph 1.The table of sections in This rule, if adopted, will allow the 8, T. 7 N., R. 33 W. 27 CFR Part 9 is amended by adding (4) Then south following the eastern petitioner and other persons to use an § 9.54. As amended, the table of sections boundaries of Sections 8 and 17 to the appellation of origin, "Santa Ynez reads as follows: intersection with the boundary dividing Valley," on wine labels and in wine the La Laguna and San Carlos de Jonata advertising. ATF has determined that Subpart C-Approved American this rule neither imposes new Land Grants. Viticultural Areas (5) Then east following the boundary requirements on the public nor removes *t * .* * *t existing privileges available to the between the La Laguna and the San public. Adoption of this proposed rule Sec. Carlos de Jonata Land Grants to the will not result in any economic or 9.54 Santa Ynez Valley. intersection with Canada de Santa administrative costs to the public, but Ynez. will grant to the petitioner or other Par. 2. Subpart C is amended by (6) Then northeast in a straight line for persons an intangible economic benefit. adding § 9.54. As added, § 9.54 reads as approximately 3.6 miles to Benchmark This proposal is not expected to have follows: 947 at U.S. Highway 101. significant secondary or incidental (7) Then northeast in a straight line for effects on a substantial number of small §9.54 Santa Ynez Valley. approximately 2.6 miles to the entities, or impose, or otherwise cause, a (a) Name. The name of the viticultural southwest comer of the La Zaca Land significant increase in the reporting, area described in this section is "Santa Grant. recordkeeping, or other compliance Ynez Valley." (8) Then following the boundary of the burdens on a substantial number of (b) Approved maps. The appropriate La Zaca Land Grant north, then east to small entities. maps for determining the boundaries of its northeast comer. Accordingly, it is hereby certified the Santa Ynez Valley viticultural area (9) Then east in a straight line for under the provisions of section 3 of the are 12 U.S.G.S. quadrangle maps. They approximately 2.0 miles to the point of Regulatory Flexibility Act (5 U.S.C. are entitled: intersection of the La Laguna and 605(b)), that this proposed rule, if issued (1) "Figueroa Mountain, Cal.", 7.5 Sisquoc Land Grants with the Los as a final rule, will not have a significant minute series, edition of 1959; Padres National Forest. economic impact on a substantial (2) "Foxen Canyon, Cal.", 7.5 minute (10) Then following the boundary of number of small entities. series, edition of 1964; the Los Padres National Forest south, (3) "Lake Cachuma, Cal.", 7.5 minute east, and south until it intersects with Compliance with Executive Order 12291 series, edition of 1959; the eastern boundary of Section 29, T. 7 It has been determined that this ((4) "Lompoc, Cal.", 7.5 minute series, N., R. 29 W. proposed rule is not a "major rule" edition of 1959 (photorevised 1974); (11) Then south following the eastern within the meaning of Executive Order (5) "Lompoc Hills, Cal.", 7.5 minute boundaries of Sections 29, 32, 5, 8, and 12291 of February 17, 1981, because it series, edition of 1959; 17 to the boundary of the Cachuma will not have an annual effect on the (6) "Los Alamos, Cal.", 7.5 minute Recreation Area at Bitt Benchmark 1074. economy of $100 million or more; it will series, edition of 1959; (12) Then following the boundary of not result in a major increase in costs or (7) "Los Olivos, Cal.", 7.5 minute the Cachuma Recreation Area west and prices for consumers, individual series, edition of 1959 (photoinspected south to the point of intersection with industries, Federal, State, or local 1974); the Los Padres National Forest. government agencies, or geographic (8) "Santa Rosa Hills, Cal.", 7.5 minute (13) Then south and west following regions; and it will not have significant series, edition of 1959; the boundary of the Los Padres National adverse effects on competition, (9) "Santa Ynez, Cal.", 7.5 minute Forest to its intersection with the Las employment, investment, productivity, series, edition of 1959 (photorevised Cruces Land Grant at the southwest innovation, or on the ability of United 1974); comer of Section 12, T. 5 N., R. 32 W. Federal Register / Vol. 47, No. 227 / Wednesday, November 24, 1982 / Proposed Rules 53051

(14) Then north following the DC 20044-0385. Attention: Notice No. The Yakima Valley Appellation boundary of the Las Cruces Land Grant 436. Committee is an association formed of to the southeast corner of Section 26, T. Copies of the petition, the proposed Yakima Valley grapegrowers and 6N., R. 32 W. regulation, the appropriate maps, and Yakima Valley and Washington State (15) Then west following the southern written comments will be available for wineries. Their petition is based on the boundaries of Sections 26, 27, 28, and 29 public inspection during normal following evidence. to the intersection with the northern business hours at the ATF Reading Name. The name Yakima Valley is boundary of the San Julian Land Grant Room, Room 4405, Federal Building, 12th well established. Yakima is the name of at the southwestern corner of Section 29, and Pennsylvania Avenue, NW, the Yakima Nation, a loose confederacy 6 T. N., R. 32 W. Washington, DC. of Indian tribes which once controlled (16) Then northwest a following the FOR FURTHER INFORMATION CONTACT: vast portion of eastern Washington. This boundary of the San Julian Land Grant Charles N. Bacon, Research and name was given to the city, valley and to its intersection with the 120o22'30' Regulations Branch, Bureau of Alcohol, river. Yakima Valley is also the name on longitude line. Tobacco and Firearms, Washington, DC U.S.G.S. maps designating the valley (17) Then northwest in a straight line 20226. Telephone: 202-566-7626. surrounding the Yakima River. for approximately 3.2 miles to the point SUPPLEMENTARY INFORMATION: Although Yakima Valley has only were Santa Rosa Road intersects recently become recognized as a wine Salsipuedes .Creek. Background producing region, it has been known as (18) Then following Salsipuedes Creek Title 27, CFR, Part 4 provides for the an important agricultaral region since downstream to the point of confluence establishment of definite viticultural the early 1900's when river water with the Santa Ynez River. was areas. These regulations also provide for first used to irrigate (19) Then northeast in a straight line the valley. Yakima the name of an approved viticultural Valley has achieved special fame for for approximately 1.4 miles to an area to be used as an appellation of unnamed hill, elevation 597 feet. apples, soft fruits and hops. The origin on wine labels and in wine petitioner submitted numerous (20) Then northeast in a straight line advertisements. Sections 9.11 and for newspaper articles and other literature approximately 1.7 miles to the point 4.25a(e)(1), of Title 27, CFR, define an of beginning. which use the term Yakima Valley to American viticultural area as a describe the proposed area, especially Signed: October 14, 1982. delimited grape-growing region as a grape-growing region. Stephen E. Higgins, distinguishable by geographical Historyof viticulture. Island Belle Acting Director. features. Section 4.25a(e)(2) outlines the grapes were first introduced into the procedures Approved: November 10, 1982. for proposing an American Yakima Valley after irrigation began in viticultural area. David Q. Bates, Any interested person 1906. Later, Concord grapes became the may petition ATF to establish a grape- Deputy AssistantSecretary (Operations). dominant grape throughout Washington growing region as a viticultural area. State. Concord grapes were not, [FRDoc. 8--32172 Filed 11-23-824 8:45 am] The petition should include: BILUNG CODE 4810-31-M however, made into wine but were (a) Evidence that the name of the processed at grape juice plants including proposed viticultural area is locally plants at Grandview and Prosser in the and/or nationally known as referring 27 CFR Part 9 to Yakima Valley, and at Yakima. the area specified in the petition; After repeal of Prohibition, William [Notice No. 436] (b) Historical or current evidence that Bridgman, a Sunnyside the boundaries of the viticultural area farmer and grapegrower, Yakima Valley Viticultural Area are as specified in the petition; studies the Yakima Valley and found it better suited for wine AGENCY: Bureau of Alcohol, Tobacco (c) Evidence relating to the geographical characteristics (climate, growing than central France. He and Firearms (ATF), Treasury. imported Vinifera grapes and ACTION: Notice of proposed rulemaking. soil, elevation, physical features, etc.), which distinguish the viticultural established a winery and vineyard at SUMMARY: The Bureau of Alcohol, features of the proposed area from Sunnyside which included such varieties Tobacco and Firearms is considering the surrounding areas; as Johannisberg Riesling and Cabernet' establishment of an American (d) A description of the specific By 1937 Washington State could count viticultural area in the State of boundaries of the viticultural area, 42 wineries, the largest of which was in Washington known as "Yakima Valley." based on features which can be found the Yakima Valley. Nevertheless, This proposal is the result of a petition on United States Geological Survey Concord grapes continued to dominate from the Yakima Valley Appellation (U.S.G.S.) maps of the largest applicable in Yakima Valley, and few local wines Committee, an association of Yakima scale; and of distinction were produced. Many Valley grapegrowers and Washington (e) A copy of the appropriate grapes were shipped out of state for processing, State wineries. The establishment of the U.S.G.S. maps with the boundaries and Washington State Yakima Valley viticultural area will prominently marked. wineries did not concentrate on producing premium varietal wines. allow wineries to designate the specific Petition grape-growing area where their wines In the 1950's, Dr. Lloyd Woodburne, a ATF originate, and will better enable has been petitioned by the professor at the University of Yakima consumers to identify the wines they Valley Appellation Committee Washington in Seattle, began to produce purchase. to establish the first viticultural area in home wines made from Washington the State of Washington. The proposed State grapes. Other members of the DATE: Written comments must be area, located in south central University faculty joined him and in received by January 10, 1983. Washington, is a valley centered around 1961 they incorporated and planted five ADDRESS: Send written comments to: the Yakima River, containing- acres of Pinot Noir and other Vinifera Chief, Regulations and Procedures approximately 1040 square miles. The grapes at Sunnyside adjacent to Division, Bureau of Alcohol, Tobacco Yakima Valley is nearly 75 miles long Bridgman's vineyard. Their group and Firearms, P.O. Box 385, Washington, and is 22 miles wide at its widest point. eventually became Associated