Federal Register / Vol. 50, No. 141 / Tuesday, July 23, 1985 / Rules and Regulations 29967 amounts that were added to a check by Bureau of Alcohol, Tobacco and may petition ATF to establish a grape- customers as a tip and paid over to the Firearms growing region as a viticultural area. employee or (ii) amounts that were paid The petition shall include- by a customer for food or beverages 27 CFR Part 9 (a) Evidence that the name of the with respect to which tips generally [T.D. ATF-210; Notice No. 559] proposed viticultural area is locally would be received by the employee. and/or nationally known as referring to Examples of documentary evidence are Establishment of Cumberland Valley the area specified in the petition; copies of restaurant bills, credit card Viticultural Area (b) Historical or current evidence that charges, or charges under any other the boundaries of the viticultural area arrangement (see § 31.6053-3(j)(4)) AGENCY: Bureau of Alcohol, Tobacco are as specified in the petition; containing amounts added by the and Firearms (ATF), Treasury. (c) Evidence relating to the customer as a tip. ACTION: Treasury decision, final rule. geographical characteristics (climate, soil, elevation, physical features, etc.) (b) Retention of records.Records SUMMARY: The Bureau of Alcohol, which distinguish features of the maintained under this section shall be Tobacco and Firearms is establishing in proposed area from surrounding areas; kept at all times available for inspection portions of the States of Maryland and by authorized internal revenue officers Pennsylvania an American viticultural (d) A description of the specific of employees, and shall be retained so area known as "Cumberland Valley." boundary of the proposed viticultural long as the contents thereof may become This final rule is the result of a petition area, based on features which can be material in the administration of any 'filed jointly by Charles M. Webster, a found on United States Geological internal grower of wine grapes in Sharpsburg, Survey (U.S.G.S.) maps of the largest revenue law. applicable scale; and, (c) Effective date. The substantiation Maryland, and Robert W. Ziem, the proprietor of a Vineyard and bonded (e) A copy (or copies) of the requirements of this §31.6053-4T shall appropriate U.S.G.S. map(s) with the be effective for tips received on or after winery in Downsville, Maryland. The establishment of ihe Cumberland proposed boundary prominently October 1, 1985. For the rules in effect marked. prior to October 1, 1985, see section 6001 Valley viticultural area and the use of and the regulations thereunder. the name as an appellation of origin in Petition the labeling and advertising Substantiation considered of wine sufficient as allows the proprietor of a winery to In December 1982, ATF received the provided in this § 31.6053-4T will also petition submitted by Mr. Webster and designate the area as the locale in which be considered sufficient for tips received grapes used in the production of a wine Mr. Ziem for the establishment of a before October 1, 1985. are grown and enables the consumer to viticultural area in Washington County, identify and to differentiate between Maryland, to be known as "Cumberland PART 602-OMB CONTROL NUMBERS Valley, Maryland." ATF's initial UNDER that wine and other wines offered at THE PAPERWORK retail. examination of the U.S.G.S. maps and REDUCTION ACT the Washington County, Maryland, soil EFFECTIVE DATE: This final rule is survey submitted with the petition Par. 5. The authority for Part 602 effective August 26, 1985. indicated that the area for which the continues to read as follows: FOR FURTHER INFORMATION CONTACT. petition was submitted is more Authority: 26 U.S.C. 7805. Michael J. Breen, Coordinator, FAA, commonly known as the Hagerstown Wine and Beer Branch, Room 6237, Valley, a portion of the larger §602.101 [Amended] Bureau of Alcohol, Tobacco and Cumberland Valley which extends north Par. 6. Section 602.101(c) is amended Firearms, Washington, DC 20226, above the Mason-Dixon Line, the by inserting in the appropriate places in Telephone: (202) 566-7626. geopolitical boundary between the the table "§ 31.6053-3T and § 31.6053-4T SUPPLEMENTARY INFORMATION: States of Maryland and Pennsylvania. In light of this determination, the • ..1545-0065." Background petitioners agreed to amend the petition On August 23, 1978, ATF published to include the portions of the There is a need for immediate Treasury Decision ATF-53 (43 FR 37672, Cumberland Valley which are located in guidance with respect to the provisions 54624) revising regulations in Title 27, Franklin and Cumberland counties in contained in this Treasury decision. For Code of Federal Regulations, Part 4. Pennsylvania and to petition for the this reason, it is found impracticable to These regulations allow the name "Cumberland Valley." In Notice issue it with notice and public procedure establishment of definite American No. 559 published in the Federal under subsection (b) of section 553 of viticultural areas. The regulations also Register of February 28, 1985, ATF title 5of the United States Code or allow the name of an approved proposed the establishment of the subject to the effective date limitation of viticultural area to be used as an Cumberland Valley viticultural area. appellation of origin in the labeling and subsection (d) of that section Comments Roscoe L.Egger, Jr., advertising of wine. On October 2, 1979, ATF published Treasury Decision ATF- ATF received three comments during Commissionerof InternalRevenue. 60 (44 FR 56692) which added to Title 27 the comment period which closed April Approved: July 12, 1985. a new Part 9 providing for the listing of 29, 1985. All three commenters support J. Roger Mentz, approved American viticultural areas. the proposal to establish the viticultural Acting Assistant Secretaryof the Treasury. Section 4.25a(e)(1) defines an area. One commenter, a proprietor of a American viticultural area as a bonded winery located in the vicinity of [FR Doc. 85-17456 Filed 7-18-85; 4:06 pm delimited grape growing region Shippensburg, Pennsylvania, states that BILLING CODE 4830-01-M distinguishable by geographical the historical reference to Cumberland features. Section 4.25a(e)(2), outlines the Valley is evidenced by the number of procedure for proposing an American schools and businesses which include viticultural area. Any interested person "Cumberland Valley" in their names, 29968 Federal Register / Vol. 50, No. 141 / Tuesday, July 23, 1985 / Rules and Regulations

Another comment, submitted by the the earliest settlers who came from 1,600 feet above the valley floor and Office of the Secretary of Agriculture of Cumberland County, England. In 1751 include South Mountain (2,145 feet) to the State *ofPennsylvania states the the name was formally adopted when the south and east of the valley floor, Cumberland Valley has been a locally the northeast part of the valley was the Bear Pond Mountains (2,062 feet), and nationally recognized designation named Cumberland County and the City Cove Mountain (1,582 feet), and for this area since Colonial times and of Carlisle (PA) was named for its Kittatinny Mountain (2,056 feet) to the that use of this name continues to this counterpart in Cumberland County, west and Blue Mountain to the north day, both in common reference, and in England. Today, numerous references to (2,000 feet). Most of the land above 1,000 the names of a host of agricultural, the name of the valley are made in feet in elevation along the southestern industrial, commercial and social industrial, business and organizational portion of the boundary and above 700 organizations ranging from the names. feet in elevation along the northern and Cumberland Valley Cooperative to the Geography western portions of the boundary is Cumberland Valley School District. This stoney and unsuitable for agriculture, commenter describes the area of the The Cumberland Valley viticultural and consequently, remains forested. Cumberland Valley as "located area consists of a large elongated generally between South Mountain on intermountain valley and the Geology the southeast and Blue Mountain and immediately surrounding upland areas. The Cumberland Valley is an example adjacent ridges of the Appalachian Mountains of the Allegheny Mountain of a mountain landscape that has been Mountains on the northwest, and by the complex form the western and northern formed by erosion during a long interval Susquehanna and Potomac rivers on the portions of the boundary of the of geologic time and that has reached a northeast and southwest, respectively." viticultural area and South Mountain, condition of dynamic equilibrium in ATF received no comments the northernmost extension of the Blue which the adjustment between the expressing opposition to the proposal. Ridge Mountain complex, forms the landforms and the rocks beneath is The Cumberland Valley southern and eastern portions of the nearly complete. boundary. The southwestern and The Cumberland Valley is an 80-mile northeastern portions of the boundary The Cumberland Valley is a segment long valley which bends in a are, respectively, the northeast bank of of the Great (Limestone) Valley, a long northeasterly direction from the the Potcmac River in Maryland and the and fertile lowland trough, underlain by Potomac River in Washington County, southwest bank of the Susquehanna Cambrian and Ordovician limestone Maryland, to the Susquehanna River in River in Pennsylvania. The valley is and shale, that extends along the axis of Cumberland County, Pennsylvania. The approximately 80 miles long from river the Appalachian Highlands from the valley is bordered on the southeast by to river. Its width is approximately 20 State of Alabama north into Canada. It South Mountain, which is the miles along the Potomac River (MD), is geologically well defined by South northernmost extension of the Blue approximately 24 miles at the Mountain to the south and east and by Ridge Mountains, and on the northwest Mercersburg-Waynesboro (PA) corridor. the Allegheny Mountains to the west by the Allegheny Mountain complex. approximately 12 miles near and north. The segment of the Great The principal streams that drain the Shippensburg (PA), and narrows to Valley lying to the northeast of the valley are Conococheague Creek and approximately 8 miles at Harrisburg Cumberland Valley is known as the Antietam Creek, tributaries of the (PA) along the Susquehanna River. Lebanon Valley and the segment lying Potomac River, and Conodoguinet Creek to the southwest is known as the and Yellow Breeches Creek, tributaries Distinguishing Characteristics Shenandoah \Valley. of the Susquehanna River. The land The viticultural area is distinguished Soil Characteristics drained by these streams shares similar geographically from surrounding areas geological history, topographical by its topography, geology and soils, and The topography and soils of the features, soils, and climatic conditions. to a lesser extent by climatological Cumberland Valley result from the The boundary of the proposed characteristics. geology of the area. The valley is a viticultural area encompasses limestone bed that has been weathered approximately 1,200 square miles or Topography to a gently rolling plain. The valley lies 765,000 acres. The petitioners state that The topography of the basin of the at approximately 600 feet above sea within the Cumberland Valley there are Cumberland Valley is nearly level. The level between low mountains that rise to approximately 60 acres devoted to the basin of the valley is a gently rolling an elevation of about 2,000 feet above cultivation of wine grapes and there are plain which at its western edge along sea level and belong to the easternmost three bonded wineries. Due to the the Potomac River is approximately 300 fringes of the Appalachian Mountains. effects of soil, drainage, rainfall, frost feet above sea level and which over a The mountains to the west, north and and winter kill, the areas of this valley distance of approximately 80 miles south of the valley are formed of which are devoted to viticulture consist gradually ascends to an average sedimentary, metamorphic sedimentary, primarily of high terraces along the elevation of 600 feet above sea level and and igneous rocks while the valley is north bank of the Potomac River, hills then descends to an altitude of 300 feet composed almost entirely of limestone. and ridges in the basin of the valley, and above sea level along the Susquehanna The soils found in the Cumberland upland areas along the slopes of South River. The valley floor has some areas Valley are typical of those derived from Mountain. of higher elevation, i.e., lowlying hills limestone. The Shenandoah and Name and ridges. Lebanon valleys, respectively to the The portions of the boundary to the southwest and northeast, are contiguous The name "Cumberland Valley" is northwest, north and southeast are segments of the Great (Limestone) well established by the petition. The higher due to the slopes of the Valley and bear soil characteristics area is known locally and nationally by mountains. The ridges and peaks of similar to those of the Cumberland the name "Cumberland Valley" and use these mountains range from 1,000 feet to Valley. The soils in these valleys are of this name is well documented. The 2,100 feet above sea level. The areas of deep, well drained, generally alkaline, name was given to the valley in 1736 by higher elevation range from 700 feet to and highly productive with a high Federal Register / Vol. 50, No. 141 / Tuesday, July 23, 1985 / Rules and Reguiations 29969 moisture holding capacity whereas the the Berks soil along creek beds is not CumberlandCounty, Pennsylvania mountains which border to the west, used for the cultivation of fruit. north and south, have soils generally of Although the soils in Cumberland Soils of the Murrill association are County have been surveyed, the report associations which are not as underlain by limestone and are productive, deep, or well drained and of the survey has not yet been influenced by limestone materials. published. The Soil Conservation which are acidic. These soils are used generally for Service in Carlisle, Pennsylvania, The General Soil Map of farming with emphasis on dairying and Pennsylvania, prepared by the other livestock enterprises. There are furnished field data and a preliminary Pennsylvania State University in orchards and vindyards on the map which shows continuation into collaboration with the Soil Conservation somewhat higher intermediate slopes Cumberland County of the major soil Service of the U.S. Department of where air drainage is better. These soils types found in Washington and Franklin Agriculture, and the General Soil Map of occur on the lowest western slopes of counties. The Hagerstown type soil Maryland, prepared by the University of South Mountain from the Pennsylvania (limestone) continues all the way to the Maryland in collaboration with the Soil line southward almost to Rohrersville, floodplain of the Susquehanna River and Conservation Service of the U.S. Maryland. These soils are also on the the Murrill colluvial fans (sandstone Department of Agriculture, show that lowest western slopes of Elk Ridge from over limestone) continue along the the soils suitable for agriculture in the .near Porterstown, Maryland, southward slopes of South Mountain. Cumberland Valley can, in fact, be used to the Potomac River; in a small isolated ClimatologicalCharacteristics to delineate the basin of the valley from area just north of Antietam, Maryland; the surrounding highlands. and in a large area on the lowest eastern Climate is a feature which Data from the soil surveys for slopes of Fairview Mountain from the differentiates the Cumberland Valley Washington County in Maryland and Pennsylvania line southward beyond from surround)ng areas. Because of the the counties of Franklin and Clear Spring and southeastward to the location of the Allegheny Mountain Cumberland in Pennsylvania strongly Potomac in the vicinity of Two Locks. complex to the west and north and support carrying the Cumberland Valley Soils of the Hagerstown-Duffield- South Mountain to the south, as well as appellation all the way from the Frankstown association occupy most of the movement of warm, moist air Potomac River to the Susquehanna the main basin of the Great (Limestone) northward from the Gulf of Mexico over River. Valley that crosses Washington County the basin of the Great (Limestone) The major soil associations found in between South Mountain and Fairview Valley, the climate, including average the three counties which make up the Mountain. These are the dominant soils temperature and precipitation, is Cumberland Valley are Berks, which made up more than 90 percent of relatively uniform throughout the Hagerstown and Murrill and are soils in the valley in Washington County Cumberland Valley. distributed within the total land area of and are the most important in its The valley lies in an area of prevailing each county as follows: agricultural economy which lies chiefly westerly winds which originate in the in corn, small grains, hay crops, interior of North America. Warm, moist Soi associations (inacres) dairying, breeding of livestock, and fruit. air from the Gulf of Mexico flows Name of county Area (in Berk 'W- Murrill acres) northward along the basin of the Great town Franklin County, Pennsylvania (Limestone) Valley into the Cumberland Washington The land area of Franklin County, Valley. In addition, the Atlantic Ocean (MD) ...... 15,000 136,000 19,000 295,680 Pennsylvania, is located primarily in the to the east is a modifying factor and an Franklin (PA)...... 150,000 154,000 43,500 482,680 Curnibettand Great Limestone Valley. occasional source of warmth and (PA) ...... 61,000 58,000 12,700 335.000 The principal soil associations in moisture. These conditions give a Franklin County are: Hagerstown- "Humid Continental" type of climate, Totals . 226,000 348,000 75,200 1,113,360 Duffield, Murrill-Laidig and Weikert- typical of the Middle Atlantic States. Berks-Bedington. Most weather systems that affect this The deep and well drained area originate in Canda or on the Washington County, Maryland Hagerstown-Duffield soils make up Central Plains of the United States, are Soils of the Waynesboro association about 32 percent of the land in the caught up in the prevailing westerly are found almost entirely on the high county and are found in the limestone flow aloft, move eastward over the terraces along the Potomac River. The valleys which are dedicated to crops, Appalachian Mountains, and lose Waynesboro soils consist of very old, fruit, hay, and pasture. moisture in the form of precipitation acid alluvium, mostly gravelly, which The Murrill-Laidig association over the basin of the valley. have been eroded from highland areas consists of deep, well-drained, gently By the time an air mass has passed and deposited in rather thick beds sloping to moderately steep soils formed over the Appalachian chain, it is above the Potomac River. These soils in colluvium on the foot slopes and considerably modified in both are well-drained, deep and medium- benchlike areas on mountainsides. temperature and moisture. After cooling textured, but require liming in order to Nearly all of the soils of this association and losing moisture while traversing the be productive for grapegrowing. have been cleared and are used for mountains, an air mass tends to warm Soils of the Berks association have crops, hay, pasture and fruit. They are and at least partly replenish its moisture differences in capability depending upon among the best in Franklin County for supply over the valley. Orographic uplift underlying rock formations which can farming. along the windward side of South be either limestone (alkaline) or other Soils of the Weikert-Berks-Bedington Mountain, which forms the eastern than limestone (acidic). Berks soils association are shallow to deep, well- portion of the border of the proposed require periodic liming in order to be drained soils formed in materials viticultural area, results in increased productive. Berks soils found on slopes weathered from shale and interbedded cloudiness and the greatest precipitation hold less moisture than Berks soils shale, siltstone and sandstone and are along this eastern ridge. Annual found along the beds of creeks which found in the valleys where crops are temperatures generally average near drain the basin of the valley. However, planted. 53,*F over the Cumberland Valley but at 29970 Federal Register / Vol. 50, No. 141 / Tuesday, July 23, 1985 / Rules and Regulations higher elevations along the western and and valley temperatures reach into the (3) Commercial wineries-one in the eastern borders average two to three nineties about 30 times during summer. Maryland portion of the area and two in degrees lower. Precipitation also follows On the average, daytime highs reach the the Pennsylvania portion. topographical features; the annual middle to upper eighties and nighttime Grapes grown commercially for average is 40 inches in the western lows are near 600. Temperatures in the winemaking are mainly vitis Labrusca mountain and valley region and mountains are lower. and vitis Labrusca-vitisvinifera crosses approximately 45 inches in the South Freezing temperatures have not been (French hybrids). Only a few vitis Mountain region. The lower totals along experienced during summer in the vinifera varieties are grown the western border are due to the drying valley. Cloud cover is at a minimum in commercially in the area. of the air mass over the mountains summer; the valley receives more than farther west and the lack of a moisture 60 percent of the available sunshine, Compliance with Executive Order 12291 source. and nights are generally clear. It has been determined that this final Average temperature and The prevailing wind is from the rule is not a "major rule" within the precipitation are relatively consistent southwest and averages 8 miles per meaning of Executive Order 12291 of throughout the valley. In addition to the hour. Rainfall is generally adequate but it will not data obtained by the petitioners from February 17, 1981, because dry periods of 2 to 3 weeks duration are of weather stations within and outside the have an annual effect on the economy sometimes experienced. Summer rainfall boundary of the petitioned $100 million or more; it will not result in proposed is usually in the form of afternoon and area, ATF found evidence presented in a major increase in costs or prices for evening thundershowers, which occur the notices and Treasury decisions for consumers, individual industries, on an average of 24 days during the the Catoctin, Lancaster Valley, and Federal, State, or local government of June, July and August. Shenandoah Valley viticultural areas months agencies, or geographic regions; and it that documents the climatological The length of the growing season is will not have significant adverse effects differences between the Cumberland fairly consistent over the valley and on competition, employment, Valley and surrounding areas. averages 160 to 170 days. Frost occurs investment, productivity, innovation, or The climate of the Catoctin as late as mid-May and as early as mid- on the ability of United States-based viticultural area which lies to the south September. A shorter growing season enterprises to compete with foreign- of the Cumberland Valley has an exists in the mountains. About 57 based enterprises in domestic or export average annual rainfall of 36-42 inches, percent of the annual precipitation falls markets. temperatures of 50-55 degrees F., and a during spring and summer. frost-free season of 160-170 days. The The Climatological characteristics of Regulatory Flexibility Act Lancaster Valley viticultural area to the the Cumberland Valley and surrounding The noiice of proposed rulemaking southeast of the Cumberland viticultural areas may be summarized as follows: which resulted in this final rule area has an average annual rainfall of contained a certification under the 40-42 inches, temperatures of 55-60 Tempera- provisions of the Regulatory Flexibility frost-free season of Name of lure Rainfall Frost-free days degrees F., and a area degrees inches Act (5 U.S.C. 605(b), that if promulgated 170-180 days. The Shenandoah Valley Fahrenheit as a final rule, it would not have a viticultural area to the southwest of the significant economic impact on a Cumberland Valley has an average Mountains 48 to 50 . 40 ...... Less than 160 (west). substantial number of small entities. annual rainfall of 34-38 inches, Mountains 48 to 50 . 40 ...... Do. Therefore, the requirement contained in temperatures of 54-56 degrees F., and a (north). South 49 to 52 . 45 ...... Do. the Regulatory Flexibility Act (5 U.S.C. frost-free season of 150-160 days. Mountain. 603, 604) for a final regulatory flexibility cite data from three Catoctin . 50 to 55. 36 to 42 .160 to 170. The petitioners analysis does not apply to this final rule. weather stations of the National cumber- 5I to 54 .34 to 40 . Do. land Oceanic and Atmospheric Valley. Paperwork Reduction Act Administration, U.S. Department of Shenando- 54 to 56 .34 to 38 . 150 to 160.' ah Valley. Paperwork Commerce, specifically, the stations at The provisions of the Lancaster 55 to 60 .40 to 42 .170 to 180. Reduction Act of 1980, Pub. L. 96-511, 44 Chewsville (elev. 640 feet) located near Valley. Hagerstown (MD) at the southern end of U.S.C. Chapter 35, and its implementing the valley, Chambersburg (PA) located regulations, 5 CFR Part 1320, do not centrally (elev. 570 feet), and Carlisle Boundary apply to this final rule because no (PA) located in the northeastern end of requirement to collect information is The boundary of the Cumberland imposed. the valley (elev. 465 feet). These stations Valley viticultural area is found on 32 show average temperatures ranging United States Geological Survey maps Drafting Information from 51.6 °F to 53.4 *F, total precipitation of the 7.5 minute series, scale 1:24,000. from 34.9' to 39.8", and degree growing The principal author of this document days of 3,050 at Chewsville, 2,890 at The boundary is described in § 9.105. is Michael 1.Breen, FAA, Wine and Beer Chambersburg, and 3,150 at Carlisle. Viticulture in the Area Branch, Bureau of Alcohol, Tobacco and The average annual temperature is 520 Firearms. The following statistics were Fahrenheit with the coldest month being List of Subjects in 27 CFR Part 9 January (320 Fahrenheit) and the developed from information (not necessarily in the petition) available to warmest month being July (750 Administrative practices and Fahrenheit). Based upon data recorded ATF: procedures, Consumer protection, at Chambersburg, annual precipitation (1) Total acreage in the area- Viticultural areas, Wine. averaging 38.25 inches occurred fairly approximately 765,000 acres. VITICULTURAL evenly throughout the 30-year period (2) Commercial vineyards PART 9-AMERICAN from 1931 to 1960. (winegrapes)-approximately 20 acres AREAS In summer, several periods of hot and in Maryland and approximately 40 acres humid weather are observed, however, in Pennsylvania. 27 CFR Part 9 is amended as follows: Federal Register / Vol. 50, No. 141 / Tuesday. ulv 23. 1985 / Rules and Repoilatinnq G9 1 90n, 1

Paragraph 1. The authority citation for (17) "Steelton Quadrangle", edition of (5) Then southeasterly along 27 CFR Part 9 continues to read as 1963, photo-revised 1972. follows: Porterstown Road to its intersection (18) "Harrisburg West Quadrangle", with Mount Briar-Trego Road; Authority: August 29, 1935, Chapter 814, edition of 1969, photo-revised 1974. (6) Then southerly along Mount sec. 5, 49 Stat. 981, as amended (27 U.S.C. (19) "Wertzville Quadrangle", edition Briar-Trego Road to its 205), unless otherwise noted. intersection of 1952, photo-revised 1968 and 1973. with Millbrook Road; Par. 2. The Table of sections in 27 CFR (20) "Sherman's Dale Quadrangle", (7) Then east along Milibrook Road to Part 9 is amended by adding § 9.105 to edition of 1952, photo-revised 1968 and its intersection with State Route 67, Subpart C to read as follows: 1973. approximately 0.5 mile north of (21) "Landisburg Quadrangle", edition Rohersville, Maryland; of 1952, photo-revised 1969 and 1977. (8) Then directly east approximately (22) Subpart C-Approved American Viticultural "Andersonburg Quadrangle", 1.25 miles in a straight line to the 1,000- Areas edition of 1952, photo-revised 1969 and foot contour line of South Mountain; 1977. (9) Then in a north northeasterly (23) "Newville Quadrangle", edition of Sec. direction along the 1,000-foot contour 1952, photo-revised 1969 and 1975. § 9.105 Cumberland Valley. line of South Mountain in Washington (24) "Newburg Quadrangle", edition of County, Maryland, and Franklin and 1966, photo-revised 1973. Cumberland counties in Par. 3. Subpart C is amended by (25) "Doylesburg Quadrangle", edition Pennsylvania to the point on adding § 9.105 which reads as follows: of 1966, photo-revised 1973. South Mountain where the 1,000-foot (26) "Roxbury Quadrangle", edition of contour line crosses State § 9.105 Cumberland Valley. Hollow 1966, photo-revised 1973. Road (Rt. 233); (a) Name. The name of the viticultural (27) "Fannettsburg Quadrangle", (10) Then north along Rt. 233 to the area described in this section is edition of 1966, photo-revised 1973. point where it crosses the 750-foot "Cumberland Valley." contour of South Mountain; (28) "St. Thomas Quadrangle" edition (b) Approved maps. The appropriate (11) Then east along the of 1944, photo-revised 1968 and 1973. 750-foot maps for determining the boundary of contour line of South Mountain to the the Cumberland Valley viticultural area (29) "McConnellsburg Quadrangle", edition of 1944, photo-revised 1968 and point southwest of the Mount Holly are the following 32 U.S.G.S. Springs Reservoir where Cold Spring topographical maps of the 7.5 minute 1973. (30) "Mercersburg Quadrangle", Run, a tributary of Yellow Breeches series: Creek, crosses the 750-foot contour line, (1) "Williamsport Quadrangle", edition of 1943, photo-revised 1968 and 1973. approximately 3 miles southwest of the edition of 1969. town of Mount Holly Springs, (2) "Shepherdstown Quadrangle", (31) "Clear Spring Quadrangle", edition of 1955, photo-revised 1971. Pennsylvania; edition of 1978. (12) Then east northeast in a straight (3) "Keedysville Quadrangle", edition (32) "Hedgesville Quadrangle", line approximately seven miles to of edition of 1979. 1978. Center Point Knob, elev. 1050 (4) "Middletown Quadrangle", edition (c) Boundary.The Cumberland Valley feet, approximately two of 1953, photo-revised viticultural area is located in miles southeast of 1979. Boiling Springs, (5) "Myersville Quadrangle", edition Washington County in west-central Pennsylvania (see 'Mechanicsburg of 1953, photo-revised 1971. Maryland and Franklin and Cumberland Quadrangle); (6) "Smithsburg Quadrangle", edition counties in south-central Pennsylvania. (13) Then continuing east northeast in of 1953, photo-revised 1971. The boundary is as follows: a straight line approximately six miles (7) "Waynesboro Quadrangle", (1) Starting immediately west of the to the point where U.S. Rt. 15 crosses edition of 1944, photo-revised 1968 and Town of Williamsport in Washington Yellow Breeches Creek, approximately 1973. County, Maryland, at Lock 45 of the one mile east of Williams Grove, (8) "Iron Springs Quadrangle", edition Chesapeake & Ohio (C&O) Canal Pennsylvania; of 1953, photo-revised 1968 and 1973. National Historical Park and the (14) Then east and northeast in a (9) "Scotland Quadrangle", edition of confluence of the Potomac River and meandering line along the north -bank of 1944, photo-revised 1968 and 1973. Conococheague Creek (see Williamsport Yellow Breeches Creek to its confluence (10) "Caledonia Park Quadrangle", Quadrangle), the boundary proceeds in with the Susquehanna River, edition of 1944, photo-revised 1968 and a southeasternly direction along the (15) Then north along the west bank of 1973. perimeter of the park on the the Susquehanna River, which forms the (11) "Walnut Botton Quadrangle", northeastern bank of the Potomac River western portion of the corporate edition of 1952, photo-revised 1969 and to the confluence of Antitam Creek and boundary line of the City of Harrisburg, 1977. the Potomac River; Pennsylvania, to the point where the (12) "Dickinson Quadrangle", edition (2) Then southeast of Limekiln Road 300-foot -contour line and the wer.t bank of 1952, photo-revised 1969 and 1977. which runs along the perimeter of the of the Susquehanna River meet; (13) "Mount Holly Springs park from Antietam Creek to the (16) Then directly west to the 700-foot Quadrangle", edition of 1952, photo- intersection of Limekiln Road and contour line of Blue Mountain. revised 1988 and 1973. Harpers Ferry Road; overlooking the Susquehanna River; (14) "Carlisle Quadrangle", edition of (3) Then northeasterly a straight line (17) Then along the 700-foot contour 1952, photo-revised 1968 and 1973. approximately two miles to the 952-foot line of Blue Mountain as it meanders (15) "Mechanicsburg Quadrangle", summit of Hawk's Hill; west and around McClures Gap; edition of 1952, photo-revised 1968 and (4) Then northerly on a straight line (18) Then along the 700-foot contour 1973. approximately 2.5 miles to the line of Blue Mountain to the point where (16) "LeMoyne Quadrangle", edition intersection of Red Hill Road and the 700-foot contour line crosses State of 1963, photo-revised 1972. Porterstown Road; Rt. 233; 29972 Federal Register / Vol. 50, No. 141 / Tuesday, July 23, 1985 / Rules and Regulations

(19) Then northeast along Rt. 233 perimeter of the C&O National DEPARTMENT OF THE INTERIOR through Doubling Gap to the 1,000-foot Historical Park to the point of beginning. contour line of Blue Mountain; Signed: January 17, 1985. Fish and Wildlife Service (20) Then in a generally southwesterly W.T. Drake, direction along the 1,000-foot contour 50 CFR Part 33 Acting Director. line of Blue Mountain into Franklin Refuge-Specific Fishing Regulations County to the point where the 1,000-foot Approved: June 28, 1985. contour line meets the roadbed of the Edward T. Stevenson, AGENCY: Fish and Wildlife Service, Pennsylvania Turnpike, Interstate 76; Deputy Assistant Secretary(Operations). Interior. (21) Then along the roadbed of the [FR Doc. 85-17452 Filed 7-22-85; 8:45 am] ACTION: Final rule. Pennsylvania Turnpike to the east BILLING CODE 4810.31-M entrance of the Blue Mountain Tunnel; SUMMARY: The Fish and Wildlife Service (Service) is revising sections of 50 CFR (22) Then in a straight line GENERAL SERVICES Part 33 by deleting the provision that approximately 6.5 miles to the requires the issuance of special fishing intersection of State Rt. 533 and the ADMINISTRATION regulations on an annual basis and by 1,000-foot contour line of Blue Mountain, amending § 33.1 to more accurately approximately one mile west northwest 41 CFR Part 101-41 describe the Service's authority to of Upper Strasburg, Pennsylvania; permit fishing on national wildlife (23) Then southwest along the 1,000- refuges. Also, the term "special Unused Ticket Refund Procedures; foot contour line of Blue Mountain to regulations" is replaced by a more Completion of Review by the Office of and along the 1,000-foot contour line of appropriate term "refuge-specific Management and Budget Broad Mountain; regulations." Refuge-specific fishing (24) Then along the 1,000-foot contour AGENCY: Office of the Comptroller, GSA. regulations are codified for certain national wildlife refuges. line as it meanders along and around ACTION: Confirmation of effective date. Broad Mountain and Front Mountain to EFFECTIVE DATE: August 22, 1985. the point where the 1,000-foot contour SUMMARY: This general notice advises FOR FURTHER INFORMATION CONTACT: line crosses Wilson Run near Franklin the public that a decision has been James F. Gillett, Chief, Division of Furnace, Pennsylvania; made by the Office of Management and Refuge Management, U.S. Fish and (25) Then southwest in a straight line Budget (OMB) regarding the final rule on Wildlife Service, Washington, D.C. approximately 3.5 miles to Parnell Knob, unused ticket refund procedures 20240 (telephone 202-343-4311). elev. 2060 feet; published in the Federal Register on SUPPLEMENTARY INFORMATION: 50 CFR (26) Then west northwest in a straight January 8, 1985 (50 FR 938), and Part 33 contains the provisions that line approximately four miles to the submitted to OMB for review, as govern fishing on national wildlife point where the 1,000-foot contour line published in the Federal Register on refuges. Fishing is regulated on refuges crosses Township Run near Cape Horn March 12, 1985 (50 FR 9908) and for two basic reasons: (1) To properly on Cove Mountain, approximately two confirms the effective date. OMB has manage the fishery resource, and (2) to miles north northwest of Fort Loudon, determined that this rule is not subject protect other refuge values. On many Pennsylvania; to the Paperwork Reduction Act because refuges, the Service policy of adopting (27) Then southwest along the 1,000- it does not impose any information State fishing regulations is an adequate way of meeting these objectives, but on foot contour line of Cove Mountain into collection burden on the public. other refuges it is necessary for the and out of Cove Gap; The General Services Administration Service to issue fishing regulations in (28) Then along the 1,000-foot contour (GSA) urges those members of the addition to State regulations to ensure line of Cove Mountain And Two Top carrier industry that may have problems that the Service meets its management Mountain in Franklin County, meeting requirements of § 101-41.210--5a responsibilities. Pennsylvania, and Sword Mountain and to contact GSA to discuss mutually Section 33.3 contains the provision Fairview Mountain in Washington satisfactory alternative arrangements, that requires the publication of fishing County, Maryland, to the point on as outlined in § 101-41.210-5c. regulations for a given refuge on an Fairview Mountain where the 1,000-foot EFFECTIVE DATE: Therefore, the annual basis. These regulations are contour line intersects the National provisions published at 50 FR 938 - generally limited to one season and Road (U.S. Rt. 40); became effective on January 8, 1985. historically have not been permanently (29) Then west along U.S. Rt. 40 codified in Title 50 of the Code of ADDRESS: Requests should be addressed Federal Regulations (50 CFR). The approximately 0.5 mile to the to: Thomas P. Wolf, Director, Office of intersection of U.S. Rt. 40 and Cove Service implemented this provision in Transportation Audits (BW), General Road; 1960 when the Department of the Services Administration, 18th and F Interior and reorganized 50 CFR. (30) Then south in a straight line from revised Streets NW., Washington, D.C. 20405, Since then, the number of refuges on the ot U.S. Rt. 40 and Cove the intersection (202) 786-3000. list of areas open to sport fishing has Road approximately 1.25 miles to the FOR FURTHER INFORMATION CONTACT: doubled. Also, the authority to issue intersection of McCoys Ferry Road and these regulations has been centralized in StateRt. 56; John W. Sandfort, 202-786-3014. Dated: July 17, 1985. the Office of the Assistant Secretary for (31) Then south along McCoys Ferry Fish and Wildlife and Parks to ensure Raymond A. Fontaine, Road to the perimeter of the C&O Canal the standardization of these refuge National Historical Park along the Comptroller. fishing regulations throughout the Potomac River, IFR Doc. 85-17451 Filed 7-22-85; 8:45 am] National Wildlife Refuge System. For (32) Then southeast along the BILUNG CODE 6620-AM-M these reasons, the provision in § 33.3