Federal Register / Vol. 47, No. 213 / Wednesday, November 3, 1982 / Proposed Rules 49863

(3) "Soledad, Cal.", 7.5 minute series, (16) Then west in a straight line for and Disclosure, Room 4405, Federal edition of 1955; and approximately 1.8 miles to Bench Mark Building, 1200 Pennsylvania Avenue, (4) "Sycamore Flat, Cal.", 7.5 minute 649. N.W, Washington, D.C. series, edition of 1956 (photoinspected (17) Then northwest in a straight line FOR FURTHER INFORMATION CONTACT: 1972). for approximately 0.2 mile to the Jim Whitley, Specialist, Research and (c) Boundaries.The Arroyo Seco northeast comer of Section 23, T. 19 S., Regulations Branch, Bureau of Alcohol, viticultural.area is located within R. 5E. Tobacco and Firearms, 1200 Monterey County, California. The (18) Then west following the northern Pennsylvania Avenue, N.W, beginning point is found on the boundaries of Sections 23 and 22 to the Washington, DC 20226 (202-566-7626). northwest comer of Section 22, T. 19 S., "Sycamore Flat, California," U.S.G.S. SUPPLEMENTARY INFORMATION: map at the junction of Arroyo Seco Road R. 5 E. and the Carmel Vally Road (indicated as (19) Then south in a straight line for Background approximately 1.0 mile to the point of the Jamesburg Road on the map). On August 23, 1978, ATF published (1) Then east following Arroyo Seco beginning. Treasury Decision ATF-53 (43 FR 37672, Road to the Southwest corner of Section -Signed: September 8, 1982. 54624) revising regulations in 27 CFR 22, T. 19 S., R. 5 E. Stephen E. Higgins, Part 4. The revised regulations permit (2) Then east following the southern Acting Director. the establishment of definite viticultural boundaries of Sections 22, 23, 24, 19, and Approved: October 6, 1982. areas and also allow the name of an 20 to the southeastern comer of Section David Q. Bates, approved viticultural areato be used as 20, T. 19 S., R. 6 E. Deputy Assistant Secretary(Operations). an appellation of origin on wine labels (3) Then northeast in a straight line for and in wine advertisements. IFR Doc. 82-30177 Filed 11-2-82; 8:45 arm] On October 2,1979, ATF published approximately 1.3 miles to the summit of BILLING CODE 4810-31-M Pettits Peak. Treasury Decision ATF-60 (44 FR 56692) (4) Then northeast in a straight line for which amended Title 27, CFR, by adding approximately 1.8 miles to the point 27 CFR Part 9 a new Part 9 entitled "American where the 400' contour line intersects Viticultural Areas." This part lists all the northern boundary of Section 14, T. [Notice No. 4301 approved American viticultural areas which may be used on wine labels and 19 S., R. 6 E. Linganore Viticultural Area; Proposed in wine advertisements as appellations (5) Then east following the 400' Establishment contour line to a point immediately west of origin. of the Reservoir within the Posa de los AGENCY: Bureau of Alcohol, Tobacco Section 4.24a(e)(1), Title 27, CFR, Ositos Land Grant. and Firearms, Department of the defines an American viticultural area as Treasury. (6) Then following the ridge line in a a delimited grape-growing region ACTION: northeasterly direction for Notice of proposed rulemaking. distinguishable by geographical approximately 7.5 miles to U.S. Highway features. Section 4.25a(e)(2) outlines the SUMMARY: The Bureau of Alcohol, procedure for proposing an American 101 at the intersection of Underwood Tobacco and Firearms (ATF) is Road. viticultural area. Any interested person considering the establishment of a may petition ATF to establish a grape- (7) Then east following Underwood viticultural area encompassing parts of Road to its intersection with the Posa de growing region as a viticultural area. Frederick and Carroll Counties in north The petition should include- los Ositos Land Grant boundary. central Maryland to be know as (8) Then north following the Posa de (a) Evidence that the name of the "Linganore." This proposal is the result viticultural area is locally and/or los Ositos land Grant boundary to the of a petition submitted by Mr. John west bank of the Salinas River. nationally known as referring to the (Jack) T. Aellen, Jr., proprietor of a area specified in the petition; (9) Then northwest following the west bonded winery in the area. The Historical or current evidence that the bank of the Salinas River to its establishment of viticultural areas and boundaries of the viticultural area are as intersection with the southern boundary the subsequent use of viticultural area specified in the petition; of Section 17, T. 18 S., R. 7 E. names in wine labeling and advertising (c) Evidence relating to the (10) Then due west for approximately will allow wineries to better designate geographical features (climate, soil, 2.0 miles following the southern the specific grape-growing area where elevation, physical features, etc.) which boundary of Section 17, and continuing their wines come from and will enable distinguish the viticultural features of to U.S. Highway 101. consumers to better identify the wines the proposed area from surrounding (11) Then following U.S. Highway 101 they purchase. areas; in a northwesterly direction to its DATE: Written comments must be (d) A description of the specific intersection with Paraiso Road. received by December 3, 1982. boundaries of the viticultural area, (12) Then south following Paraiso ADDRESSES: Send written comments or based on the features which can be Road to the intersection with Clark requests for a public hearing to: Chief, found on the United States Geological Road. Regulations and Procedures Division, Survey (U.S.G.S.) maps of the largest (13) Then south in a straight line for Bureau of Alcohol, Tobacco and applicable scale; and approximately 1.8 miles to the northeast Firearms, P.O. Box 385, Washington, (e) A copy of the appropriate U.S.G.S. corner of section 5, T. 19 S., R. 6 E. D.C. 20044-0385, (Attn: Notice No. 430). maps with the boundaries prominently (14) Then due south following the Copies of the petition, the proposed marked. eastern boundaries of Sections 5, 8, and regulations, maps with the boundaries of 17, to the intersection with Arroyo Seco the proposed viticultural area marked, Petition Road. and any written comments will be ATF has received a petition proposing (15) Then southwest in a straight line available for public inspection during an area located in north central for approximately 1.0 mile to Bench normal business hours at the: ATF maryland and encompassing parts of Mark 673. Reading Room, Office of Public Affairs Frederick and Carroll Counties as 49864 Federal Register / Vol. 47, No. 213 / Wednesday, November 3, 1982 / Proposed Rules viticultural area. The proposed In addition, using the same heat The types of soil found in the viticultural area is to be known as summation criteria as used by Amerine proposed viticultural area are also found "Linganore." The petition' was submitted and Winkler under their climatic region in the area to the east of the proposed by Mr. John (Jack) T. Aellen, Jr., concept, the proposed viticultural area viticultural area. However, the'types of proprietor of a bonded winery known as would be classified as Region 3 while soil found in the area to the west of the Berrywine Plantations, Inc. the area to the west would be classified proposed viticultural area, beginning The proposed viticultural area lies as Region 2. That is, the sum of the mean around the town of Frederick, are east of the town of Frederick. It daily temperature above 50 degrees F., different from those found in the encompasses an area of approximately expressed in temperature-time values of proposed viticultural area. 90 square miles or 57,000 acres. There is degree days, for each day in the period (d) Watershed. The proposed one winery, operated by the petitioner, April-September of any given year is viticultural area is served by the with a 38 acre vineyard in the proposed generally 3,001-3,700 for the proposed Monocacy River drainage system. viticultural area. Including the vineyard. viticultural area and 2,5001-3,000 for the Linganore Creek is the only Monocacy of the winerey, there are approximately area to the west. River tributary in the proposed 52 acres planted to grapes for To summarize, the petitioner contends viticultural area and has a sizeable commercial purposes in the proposed the proposed viticultural area possesses drainage basin of its own. The viticultural area. The acreage devoted to a unique set of growing conditions boundaries of the proposed viticultural grape-growing is widely dispersed which distinguish it from the area correspond, as much as possible, throughout the proposed viticultural surrounding area. In addition, the with the boundaries of the Linganore area. Approximately 19.5% of the total petitioner contends the climatic Creek drainage basin or watershed. The commercial grape acreage in the State of conditions associated with the proposed boundaries of the Linganore Creek Maryland in 1980 was planted in the viticultural area have a marked watershed have been determined by the proposed viticultural area. In addition, influence on the amount and distribution United States Soil Conservation Service there are small vineyards, generally of heat and moisture received by grapes and designated as MD-MA-Pot-54.The under one acre, used for private during the growing season. This, in turn, proposed viticultural area encompasses purposes by the owners, scattered affects the development and balance of an area which is geographically throughout the proposed viticultural sugar, acid, and other constituents of associated on the basis of watershed area. grapes grown in the proposed criteria. The surrounding areas are The boundries of the proposed viticultural area. served by watersheds which no not viticultural area may be found on five (b) Geologicfeatures. The serve the proposed viticultural area. U.S.G.S. quadrangle (Topographic) geomorphological characteristics of the maps, 7.5 minute series, scale 1:24,000- proposed viticultural area generally Evidence Relating to Name and Walkersville, Libertytown, Damascus, correspond Boundaries Winfield, and Union Bridge. The specific to distinguishable geological features which The petitioner claims the proposed viticultural area boundaries proposed by define a "piedmont," i.e., an area lying viticultural area is locally and/or the petitioner are detailed in the along or near the foot of a mountain range. The proposed nationally known by the name proposed regulations at § 9.63(c). viticultural area lies to the east of "Linganore" and the boundaries of the Viticultural/Geographical Features Catoctin Mountain, part of the "Blue viticultural area are as specified in the The petitioner claims the proposed Ridge" mountain range, and a limestone petition. The petitioner submitted viticultural area is distinguishable from valley, which surrounds the town of historical or current evidence consisting the surrounding area on the basis of Frederick and lies between Catoctin of the following to support these claims. climate, soil, geology, and other Mountain and the proposed viticultural (a) Excerpts from Scharf's "History of physiographical features. The petitioner area. The area lying to the east of the Western Maryland" which describe an submitted evidence on the following in proposed viticultural area is part of the area known as "Linganore District, No. support of this claim. coastal plain. 19." This area constitutes approximately (a) Climate. The petitioner submitted (c) Soils. The soil in the proposed one-fifth of the area proposed in the United States Soil Conservation Service viticultural area is primarily of the petition. In addition, these excerpts maps which depict climatic data for the "Manor" series. It is found throughout indicate the name "Linganore" has been proposed viticultural area and the the proposed viticultural area in various applied to this area since the.mid-1700's. surrounding area. The proposed soil associations. The major soil (b) Excerpts from Kenny's "The Origin viticultural area has an average annual associations are Manor-Glenelg, and Meaning of Indian Place Names of rainfall of 40-42 inches, temperature of Conestoga-Manor, Manor-Edgemont- Maryland" which indicate the name 55-60 degrees F., and a frostfree season Brandywine, Manor-Linganore- "Linganore" is of Indian origin and was of 170-180 days. The area to the west of Montalto, and Manor-Linganore-Urbana. used on two U.S.G.S. maps in 1909 to the proposed viticultural area has an Manor soil is a two to eight foot deep designate a village and a creek. average annual rainfall of 36-40 inches, gravelly loam containing much silt and (c)Excerpts from the Frederick temperature of 50-55 degrees F., and a small specs of mica. It is well to County telephone book which show frostfree season of 160-170 days. The excessively drained and tends to be listings for Linganore High School, area to the east of the proposed "droughty" in years of low rainfall. associations and clubs on Lake viticultural area has an average annual However, it is underlaid with shale Linganore, and individuals residing rainfall of 40-44 inches, temperature of bedrock, which tends to have a high along Linganore Road. '55-60 degrees F., and a frostfree season water table, that partially offsets the (d) United States Soil Conservation of 170-180 days. The proposed effects of low rainfall. Service maps which depict the viticultural area is generally warmer, The natural pH of the soils in the boundaries of the Linganore Creek wetter, and has a longer frostfree season proposed viticultural area is between 5.1 watershed. than the area to the west; and is slightly to 6.5, i.e., strongly acid to slightly acid. (e) A map which depicts the location cooler, dryer, and has a shorter frostfree The petitioner claims this is ideal for the of commercial and private vineyards in season than the area to the east. growing of grapes. the proposed viticultural area. Federal Register / Vol. 47, No. 213 / Wednesday, November 3, 1982 / Proposed Rules 49865

Discussion Any interested person who desires an Regulations Branch, Bureau of Alcohol, ATF feels that evidence submitted by opportunity to comment orally at a Tobacco and Firearms. However, the petitioner indicates establishment of public hearing on these proposed personnel of other offices of the Bureau "Linganore" as a viticultural area may regulations should submit a request, in and of the Treasury Department have be warranted. Accordingly, we are writing, to the Director within the participated in the preparation of this proposing in this document the comment period. The request should document, both in matters of substance establishment of this grape-growing include reasons why the commenter and style. feels that a public hearing is necessary. region as a viticultural area. List of Subjects in 27 CFR Part 9 However, we are not entirely The Director, however, reserves the convinced the boundary proposed by right to determine, in the light of all Administrative practice and the petitioner is the most appropriate for circumstances, whether a public hearing procedure, Consumer protection, the viticultural area. We recognize the should be held. Viticultural areas, Wine. ATF reserves the option to determine, dispersed nature of the acreage devoted on the basis of written Authoriiy to viticulture may be the primary factor comments, our own research, and in the light of any contributing to the petitioner's selection Accordingly, under the authority in 27 other circumstances, whether this of a boundary for the viticultural area. U.S.C. 205, the Director proposes the viticultural area should be established Nevertheless, since a high proportion of amendment of 27 CFR Part 9 as follows: and which boundaries are appropriate. the acreage encompassed by this In addition, ATF may modify, through PART 9-AMERICAN VITICULTURAL boundary is either viticulturally the rulemaking process, any viticultural AREAS unsuitable or used for purposes other area which may result from this than viticulture, other possible Paragraph 1. The table of sections in proposed rulemaking when in the boundaries may be more appropriate. 27 CFR Part 9, Subpart C, is amended to judgment of the Director such action is Accordingly, consideration will be given add the heading of § 9.63. As amended, to other possible boundaries. determined to be warranted. the table of sections reads as follows: Regulatory Flexibility Act Public Participation Sec. The provisions of the Regulatory All interested persons are invited to Flexibility Act relating to an initial and 9.63 Linganore. participate in this proposed rulemaking final regulatory flexibility analysis (5 by submitting written comments Par. 2. Subpart C is amended by U.S.C. 603, 604) are not expected to adding § 9.63 to read as follows: containing such data, views, or apply to this proposed rule because the recommendations as they may desire. proposal, if promulgated as a final rule, Subpart C-Approved American Comments should be specific, pertain to is not expected to have a significant the issues proposed in this rulemaking, Viticultural Areas economic impact on a substantial and provide the factual basis supporting number of small entities. Since the data, views, or recommendations. benefits to be derived from using a new Comments received before § 9.63 Llnganore. the closing viticultural area appellation of origin are date will be carefully considered prior to (a) Name. The name of the viticultural intangible, ATF cannot conclusively a final decision by ATF area described in this section is on this proposal. determine what the economic impact Commbnts received.after the closing "Linganore." will be on the affected small entities in date and (b) Approved maps. The appropriate too late for consideration will the area. However, from the information maps for determining the boundaries of be treated as suggestions for future ATF we currently have available on the the Linganore viticultural area of five action. proposed "Linganore" viticultural area, We are particularly interested in U.S.G.S. topographic maps. They are- ATF does not feel that the use of this receiving comments which provide (1) "Walkersville Quadrangle, appellation of origin will have a historical or current evidence as to Maryland-Frederick Co.", 7.5 minute significant economic impact on a whether the boundaries of the series, 1953 (Photorevised 1979]; substantial number of small entities. viticultural area are as specified in the (2) "Libertytown Quadrangle, petition. In addition, comments are Executive Order 12291 Maryland", 7.5 minute series, 1944 requested on alternative boundaries for In compliance with Executive Order (Photorevised 1971); the viticultural area. Comments 12291, ATF has determined that this (3) "Damascus Quadrangle, concerning alternative boundaries proposal is not a major rule since it will Maryland", 7.5 minute series, 1944 should include data on the geographical not result in: (Photorevised 1979); and viticultural characteristics which (a) An annual effect on the economy (4) "Winfield Quadrangle, Maryland", the commenter believes distinguishes of $100 million or more; 7.5 minute series, 1950 (Photorevised the area encompassed from the (b) A major increase in costs or prices 1979); and surrounding area. for consumers, individual industries, * (5) "Union Bridge Quadrangle, ATF will not recognize any material Federal, State, or local government Maryland", 7.5 minute series, 1953 or comments as confidential. Comments agencies, or geographic regions; or (Photorevised 1971). may be disclosed to the public. Any (c) Significant adverse effects on (c) Boundaries.The Linganore material which the commenter considers competition, employment, investment, viticultural area is located in north to be confidential or inappropriate for productivity, or on the ability of United central Maryland and encompasses disclosure to the public should not be States-based enterprises to compete parts of Frederick and Carroll Counties. included in the comment. The name of with foreign-based enterprises in From the beginning point lying at the the person submitting a comment is not domestic or export markets. confluence of Linganore Creek and the exempt from disclosure. All materials Monocacy River, on the "Walkersville and comments received will be Drafting Information Quadrangle" map, the boundary runs- available for public inspection durir'g The principal author of this document (1) South-southeasterly 5,000 feet in a normal business hours. is Jim Whitley, Specialist, Research and straight line to the point lying 49866 Federal Register f Vol. 47, No. 213 / Wednesday, November 3, 1982 / Proposed Rules

approximately 1,000 feet south of viticultural area in the State of (c)Evidence relating to the Interstate Highway 70 at the intersection California to be known as "Merritt geographical characteristics (climate, of two unnamed light duty roads in the Island." This proposal is the result of a soil, elevation, physical features, etc.), town of Bartonsville; petition submitted by Mr. Chris Bogle. which distinguish the viticultural (2) Then east-southeasterly 15,500 feet Secretary, Bogle Vineyards, features of the proposed area from in a straight line to the point lying at the Incorporated. ATF feels that the surrounding arehs; intersection of Mussetter Road and establishment of viticultural areas and (d) A description of the specific' latitude line 39 degrees 22 minutes 30 the subsequent use of viticultural area boundaries of the viticultural area, seconds; names as appellations of origin will help based on features which can be found (3) Then east-northeasterly 8,125 feet wineries better designate the specific on United States Geological Survey in a straight line to the point lying at the grape-growing areas where their wines (U.S.G.S.) maps of the largest applicable intersection of Mill Road and State came from and will help wine scale; and Highway 144; consumers better identify the wine they (e) A copy of the appropriate U.S.G.S. (4) Then easterly along State Highway purchase. maps with the boundaries prominently 144 to the point of intersection with DATE: Written comments must be marked. State Highway 27, approximately received by December 20, 1982. midway between the towns of Ridgeville Petition ADDRESS: Send written comments to: and Parrsville; ATF has received a petition to (5) Then northeasterly along State Chief, Regulations and Procedures Division, Bureau of Alcohol, Tobacco establish a viticultural area in Yolo Highway 27 to the point of intersection County. California, to be known as with State Highway 26 in the town of and Firearms, P.O. Box 385, Washington, D.C. 20044-0385, Attn: Notice No. 429. "Merritt Island." The petition was Taylorsville; submitted by Mr. Chris Bogle of Bogle (6) Then northerly 2.750 feet Copies of the petition, the proposed in a Vineyards, Incorporated, who operates straight regulations, the appropriate maps, and line to the point on a hill the only winery within the proposed identified as having an elevation written comments will be available for of 850 area. The proposed area consists of a feet; public inspection during normal man-made island of approximately 5,000 (7) Then northwesterly 21,000 feet in'a business hours at: ATF Reading Room, acres, which resulted from land straight line to the point lying at the Room 4405, Federal Building, 12th and reclamation of the Sacramento (river) intersection of State Highway 31 and Pennsylvania Avenue, NW.. Delta. latitude line 39 degrees 30 minutes; Washington, D.C. This area is located six miles south of the City of Sacramento, (8) Then westerly 15,625 feet along FOR FURTHER INFORMATION CONTACT: California, and is the first island forming latitude line 39 degrees 30 minutes to the Norman P. Blake, Research and , the alluvial fan of the Sacramento Delta. point of intersection with Copper Mine Regulations Branch. Bureau of Alcohol, The petitioner claims that commercial Road; -Tobacco and Firearms, Washington, grape-growing, in the proposed area. (9) Then northwesterly along Copper D.C. (202-566-7626). Mine Road to the point first began in 1969. Currently there are of intersection SUPPLEMENTARY INFORMATION: with longitude line 77 degrees 15 425 acres of wine grapes planted, with minutes; Background additional acres of new plantings. There (10) Then southerly 5,250 feet along eight varieties of wine grapes being On August 23, 1978, ATF published cultivated, the principle variety is , longitude line 77 degrees 15 minutes to Treasury Decision ATF=-53 (43 FR 37672, the point Chenin Blanc. The other varieties are of intersection with latitude 54624) revising regulations in 27 CFR line 39 degrees 30 minutes; Grey Riesling, Petite Sirah, Semillion. Part 4. These regulations allow for the CabernetSauvignon, Sauvignon (11) Then southwesterly 46,750 feet in establishment of definite viticultural a straight line to the point of beginning. Blanc, and Alerlot. There are five areas. The regulations also allow the vineyard operators within the proposed Signed: September 10, 1982. name of approved viticultural area to be area. The petitioner has 156 acres of Stephen E.Higgins, used as an appellation of origin on wine wine grapes planted. Bogle vineyards A cting Director. labels and in wine advertisements. qualified with ATF as a bonded winery Approved: October 6, 1982. On October 2, 1978, ATF published in March 1979 and since has bottled Treasury Decision "estate bottled David Q. Bates, ATF-60 (44 FR 56692) wines" and "varietal which added a new Part 9 to 27 CFR for wines." Deputy Assistant Secretary(Operations). the listing of approved viticultural areas. [FRDoc. 82-30178 Filed 11-2-82: 8:45 am) Section 9.11, Title 27, CFR defines an Evidence Relating to the Name- BILUNG CODE 4810-31-M American viticultural area as a The petitioner furnished information delimited grape-growing region which establishes the name Merritt 27 CFR Part 9 distinguishable by geographical Island as applying to the proposed area, features. Section 4.25a(e)(2) outlines the as far back as November 16, 1879, on an [Notice No.4291 procedures for proposing an American official map of Yolo County, California. viticultural area. Any interested person The proposed area and name is also Merritt Island Viticultural Area, may petition ATF to establish a grape- prominently identitied on a U.S.G.S. Proposed Establishment growing region as a viticultural area. map (Clarksburg Quadrangle) submitted AGENCY: Bureau of Alcohol, Tobacco The petition should include: with the petition. and Firearms, Department of the (a) Evidence that the name of the Geographical Evidence Treasury. proposed viticultural area is locally I ACTION: Notice of proposed rulemaking. and/or nationally known as referring to The petition contained geographical the area specified in the petition; and climatic information which SUMMARY: The Bureau of Alcohol. (b) Historical or current evidence that distinguishes the proposed area from Tobacco and Firearms (ATF) is the boundaries of the viticultural area surrounding areas, based on the fact considering the establishment of a are as specified in the petition; that: