Federal Register / Vol. 56, No. 15 / Wednesday, January 23, 1991 / Rules and Regulations 2433

DEPARTMENT OF THE TREASURY § 301.6621-3T [Corrected] SUPPLEMENTARY INFORMATION: 3. On page 52045, third column, in Background Internal Revenue Service § 301.6621-3T(d), under Example 4(v), On August 23, 1978, ATF published 26 CFR Part 301 line 5, the date "June 1, 1990," is Treasury Decision ATF-53 (43 FR 37672, corrected to read "May 31,1990,". 54624) revising regulations in 27 CFR [T.D. 83251 part 4. These regulations allow the §301.6621-3T [Corrected] RIN 1545-AP26 establishment of definite viticultural 4. On page 52046, first column, in areas. The regulations allow the name of Determination of Rate of Interest- § 301.6621-3T(d), under Example 6(it), an approved viticultural area to be used Increase in Rate of Interest Payable on lines 2. 4. and 5, the year "1985" is as an appellation of origin on wine Large Corporate Underpayments; corrected to read "1986" in three labels and in wine advertisements. On Correction locations. October 2, 1979, ATF published Treasury Decision ATF-60 (44 FR 56692) AGENCY: Internal Revenue Service, § 301.6621-3T [Corrected] which added a new part 9 to 27 CFR, for Treasury. 5. On page 52046, first column, in the listing of approved American ACTION: Correction to temporary § 301.6621-3T(d), under Example 6(iv), viticultural areas. regulations. line 1, the language "From March 15, Section 4.25a(e)(1), title 27 CFR, 1990, to December 31," is corrected to defines in American viticultural area as SUMMARY: This document contains read "From March 16, 1987, to December a delimited grape-growing region corrections to temporary regulations 31,". distinguishable by geographical under section 621(c), which were Dale D. Goode, features, the boundaries of which have published in the Federal Register for been delineated in subpart C of part 9. Wednesday, December 19, 1990 FederalRegister Liaison Officer, Assistant (55 FR Chief Section 4.25a(e)(2) outlines the 52042). Counsel (Corporate). These temporary regulations procedure for proposing an American relate to an increase In the rate of [FR Doc. 91-1438 Filed 1-22-91; 8:45 am] viticultural area. Any interested person interest payable on large corporate BILUNG CODE 4830-1-M may petition ATF to establish a grape- underpayments. growing region as a viticultural area. FOR FURTHER IFORMATION CONTACT. Petition P. Val Strehlow 202--377-9586 or David Bureau of Alcohol, Tobacco and Schneider, 202-568-8438 (not toll-free By letter dated August 29, 1989, Mr. numbers). Firearms David R. Beaudry, a grape grower in SUPPLEMENTARY INFORMATION. Jackson County, Oregon, filed a petition 27 CFR Part 9 for establishment of a "Rogue Valley" Background viticultural area in Jackson and [T.D. ATF-310: RE: Notice No. 704] Josephine Counties, Oregon. This The temporary regulations that are the viticultural area is located in the subject of these corrections affect RIN 1512-AA07 certain corporations and are necessary southwestern part of the State. There are seven wineries and 49 vineyards to provide them with guidance needed The Rogue Valley Viticultural Area located within the Rogue Valley area, to comply with the changes made by the (89F-458P) Omnibus Budget Reconciliation Act of with approximately 400 acres of wine 1990. AGENCY: Bureau of Alcohol, Tobacco grapes. In response to Mr. Beaudry's and Firearms, Department of the petition, ATF published a notice of Need for Correction Treasury. proposed rulemaking, Notice No. 704, in the Federal Register on July 5, 1990 (55 As published, the temporary ACTION: Final rule, Treasury decision. regulations contain errors which may FR 27654), proposing the establishment of the Rogue Valley viticultural area. prove to be misleading and are need of SUMMARY: This final rule establishes a clarification. viticultural area known as Rogue Valley Comments Correction of Publication which is located in Jackson and ATF received three comments during Josephine Counties of southwest the 45-day comment period which ended Accordingly, the publication of the Oregon. The petition was submitted by on August 20, 1990. All three comments temporary regulations which was the Mr. David R. Beaudry, a grape grower in fully supported the Rogue Valley subject of FR Doc. 9G-29703, is corrected Jackson County, Oregon. The viticultural area as proposed in Notice as follows: establishment of viticultural areas and No. 704. 1. In the preamble, on page 52043, the subsequent use of viticultural area General Information second column, the paragraph preceding names in wine labeling and advertising the heading "Applicable Date-Amount allows wineries to designate the specific The beginning of viticulture in the Shown As Due" (middle of column), line areas where the grapes used to make Rogue Valley can be traced to Peter 3, the language "before January 1. 1990, their wines were grown and enables Britt. who secured cuttings from the can make a" is corrected to read "before consumers to better identify wines they mission grapevines of California and by January 1. 1991. can make a". purchase. 1858 was making the first wine in the Oregon Territory. He eventually §301.6621-3T [Corrected] EFFECTIVE DATE: February 22, 1991. experimented with more than 200 2. On page 52045. second column, in FOR FURTHER INFORMATION CONTACT:. varieties of grapes, ranging for advice as § 301.6621-3T(d), under Example 3(i), Robert White, Wine and Beer Branch, far as the German Wine Growers second line from bottom of that Bureau of Alcohol, Tobacco and Association on the Rhine. By 1880 his paragraph, the language "district court Firearms, Ariel Rios Federal Building, 15-acre vineyard was producing up to for refund of the amounts" is corrected 1200 Pennsylvania Avenue, NW., 3,000 gallons a year. Records show that to read "district court for the amounts". Washington, DC 20226 (202--566-7626). he made a very popular claret, along 2434 Federal Register / Vol. 56, No. 15 / Wednesday, January 23, 1991 / Rules and Regulations with muscatel, schiller, zinfandel and should include only those areas which Geographical Features port. (Photographer of a Frontier, the have a current or past history of Photographs of Peter Britt by Alan Clark winegrape production. The principal The Rogue Valley is unique in Oregon Miller). Mr. Miller reports that Britt's cities within the Rogue Valley of Oregon viticulture in two respects: (1) The vineyard was located near Jacksonville are Ashland, Medford, and Grants Pass. climate is warmer than anywhere else in the State and (2) the elevation is higher. west of Medford. The winery operation The name "Rogue Valley" is frequently was called Valley View Vineyards. used in the names of commercial, For instance, the only zone II grape- Today the name Valley View Vineyards growing area in Oregon listed in General governmental, and charitable Viticulture by Winkler. Cook, Kliewer is used by the Rogue Valley's first post- organizations in the region. At the Prohibition winery, which is located and Lider is Grants Pass in the Rogue national level, the name "Rogue Valley" Valley. Here the "Heat summation" is near the town of Ruch south of is widely identified with the sport Jacksonville. listed at 2680 degrees. This compares fishing industry on the Rogue River and with the zone I figures of 2220 degrees in Farmers at Ashland in southwestern with the pear orchards and pear packing Oregon grew vinifera table grapes and Roseburg, Oregon in the Umpqua Valley companies of the region. The Rogue viticultural area and 2030 degrees for were shipping Flame Tokays to market Valley has been identified as the third before the Tokay industry developed at Salem, Oregon in the Willamette Valley Lodi in California. In 1880, when the largest pear growing area in the nation viticultural area. The heat summation special national census of winegrowing by Clifford B. Cordy in his History of the for Medford in the Rogue Valley is 2650 was taken, Jackson County was listed as Rogue Valley Fruit Industry. degree days. (Compiled from producing 15,000 gallons of wine. (The Historical/Current Evidence of Climatography of the United States No. Wines of America by Leon D. Adams). Boundaries 84, Daily Normals of Temperature. In 1884, A.G. Walling published his Heating and Cooling Degree Days and History of Southern Oregon, in which he All the past and present commercial Precipitation, N.O.A.A., 1983). refers to sixty or seventy acres of grape-growing areas of the region are The greater warmth of the Rogue vineyards, located mainly near located on the low elevation land along Valley allows certain grape varieties to Jacksonville, which produced several the watercourses of the Rouge River and achieve a level of success not found in thousand gallons of wine annually. The its tributaries. Today, viable commercial the surrounding areas of western Rogue River Courier newspaper, in 1905, vineyards are found at or near the Oregon. In western Oregon, except for reported-the visit of Mr. A.H. Carson, communities of Ashland, Talent, the Rogue Valley, the grape variety the largest grape grower in Oregon, to Medford, White City, Eagle Point, Merlot fails to set fruit reliably. In Grants Pass. The newspaper reported Central Point, Ruch, Rogue River, Grants addition, wines made from Rogue Valley that Mr. Carson's 31 acres of vineyards Pass, Applegate, Murphy, Selma, Cave produced Tokay, Emperor and Black Cabernet Sauvignon grapes are widely Junction, and Holland, all of which are regarded as among the finest in Oregon Ferrerra grapes. His vineyard was located along the Rogue River and its according to the petitioner. Ted Jordan located on the Applegate River in the tributaries. Missouri Flat district of Josephine Meredith, in his Northwest Wine The Rogue Valley is completely Companion, states that Oregon's County. surrounded by three mountain ranges. Willamette Valley is too cool for the Viticultural Area Name At the northern and western boundaries best Cabernet Sauvignon, while further of the Rogue Valley, the Siskiyou and The name "Rogue Valley" is the name south, the Umpqua Valley and Oregon Coast Ranges form a barrier. particularly the Rogue Valley, are used in both academic and consumer- These ranges also form an effective oriented wine and viticultural books to capable of producing fine Cabernets. Mr. refer to the sections of Jackson and dividing line geographically from the Meredith describes the Applegate Josephine Counties where grapes are Umpqua Valley viticultural area to the Valley (within the Rogue Valley grown. The Wines of America by Leon north in Douglas County. To the south, viticultural area) as one of the warmest Adams. The History of Southern Oregon the Siskiyou Mountains separate the grape-growing areas in western Oregon, by A.G. Walling, and Touring the Wine Rogue Valley from the Klamath River and the Illinois Valley (also within the Country of Oregon by Ronald and Valley in northern California. In the Rogue Valley viticultural area) as being Glenda Holden all make considerable east, the Cascade Mountains serve as a only slightly cooler than the nearby mention of viticulture in the Rogue partition between the Rogue Valley and Applegate Valley. Mr. Meredith also Valley. The Rogue Valley in 1976 the Klamath River Basin in Klamath states that warmer climate grapes like became one of three appellations of County, Oregon. Cabernet Sauvignon and Semillon are origin which were approved for use on The main tributaries of the Rogue well-suited to the Illinois Valley. Oregon wines by the Oregon Liquor River are: (1) Bear Creek which drains The other great geological difference Control Commission. Locally in Medford. Ashland, and surrounding between the Rogue Valley and southwestern Oregon, the names "Rogue smaller communities, (2) the Applegate surrounding areas is the high elevation Valley" and "Rogue River Valley" are River which drains the south central of the land. The highest elevation used synonymously to describe the part of the Valley, Jacksonville and the vineyards in Oregon are all located in lands drained by the Rogue River and its south Grants Pass area, (3] Evans Creek the Rogue Valley. The highest elevation many tributaries. These lands are which drains Rogue River City, Wimer vineyard in the Umpqua Valley entirely within southwestern Oregon and the north central part of the Valley, viticultural area is lower in elevation and make up portions of Jackson, and (4) the Illinois River which drains than the lowest elevation in Rogue Josephine and northern Curry Counties. Holland, Cave Junction, Selma and the Valley vineyard. Hillcrest Vineyard in The viticultural area has been narrowed, southwestern portion of the Valley, and the Umpqua Valley is at 850 feet above however, to include only portions of which merges with the Rogue River at sea level, while the Rogue Valley's Jackson and Josephine Counties and to the town of Agness in Curry County. lowest elevation vineyard is Rancho exclude Curry County altogether. The There are also many more small creeks Vista Vineyard in Grants Pass at 1,100 basis for this limitation is the philosophy and water systems which feed the feet. The remaining Rogue Valley that the Rogue Valley viticultural area Rogue River and its main tributaries. vineyards are at even higher elevations. Federal Register / Vol. 56, No. 15 / Wednesday, January 23, 1991 / Rules and Regulations 2435

Due to the higher elevations, the Rogue Boundaries 511, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR part Valley experiences large drops in The boundaries of the Rogue Valley rule evening temperatures. The average viticultural area as proposed in the 1320, do not apply to this final because no requirement to collect range between high and low daily notice are adopted. The boundaries may information is imposed. temperatures in July in the Medford area be found on one U.S.G.S. map, is 37 degrees Fahrenheit. which is higher "Medford," 1:250,000 scale (1955, revised Drafting Information than any other location in Oregon. The 1976). The Rogue Valley viticultural area average Medford July high is more than The principal author of this document is located entirely within Jackson and is Robert White, Wine and Beer Branch, 86 degrees F. and the average nighttime Josephine Counties in southwestern low is 50 degrees F. (Atlas of Oregon, Bureau of Alcohol, Tobacco and Oregon. The specific description of the Firearms. University of Oregon.) boundaries of the viticultural area is The low evening temperatures have a found in the regulations which List of Subjects in 27 CFR Part 9 beneficial effect on wine grapes. The immediately follow the preamble to this Administrative practice and retention of grape acids is much better Treasury decision. when the fruit is ripened in a cool procedure. Consumer protection, Viticultural areas, Wine. environment. Also, cool nights aid Miscellaneous significantly in the coloration of ripening ATF does not wish to give the Authority and Issuance grapes. These characteristics of high impression by approving the Rogue Title 27, Code of Federal Regulations, elevation viticulture lead to improved Valley viticultural area that it is part 9. American Viticultural Areas, is wine quality. (General Viticulture, approving or endorsing the quality of the amended as follows: Winkler, Cook, Kliewer and Lider. The wine from this area. ATF is approving average length of the growing season in this area as being distinct from PART 9-AMERICAN VITICULTURAL the Rouge Valley is 180 days, and the surrounding areas, not better than other AREAS average annual rainfall is 28 inches. The areas. By approving this area, ATF will Rogue Valley drainage area (Rogue allow wine producers to claim a Paragraph 1. The authority citation for Valley) Is characterized by steep, rugged distinction on labels and advertisements part 9 continues to read as follows: mountains and narrow river valleys. The as to origin of the grapes. Any Authority: 27 U.S.C. 205. Klamath, Siskiyou, and western commercial advantage gained can only Pars. 2. The Table of sections in Cascades are the principal mountain come from consumer acceptance of subpart C is amended to add the title of ranges in this area. These mountains are Rogue Valley wines. composed of volcanic, altered volcanic § 9.132 to read as follows: and sedimentary, and intrusive igneous Executive Order 12291 Subpart C--Approved American viticultar, rocks. The valleys consist of flood It has been determined that this Areas plains, terraces, alluvial fans, and hills. document is not a major regulation as Sec. The topography, parent material, and defined in E.O. 12291 and a regulatory climate combine and interact to create impact analysis is not required because § 9.132 Rogue Valley. soil properties unique to the area. Six of it will not have an annual effect on the the ten soil orders (Vertisols, Ultisols, economy of $100 million or more; it will Para. 3. Subpart C is amended by Mollisols. Alfisols, Inceptisols, and not result in a major increase in costs or adding 19.132 to read as follows: Entisols) occurring in the world are in prices for consumers, individual Subpart C-Approved American the Rogue Valley area. (Roger Borine, industries, Federal, State, or local Viticultural Areas Area Soil Scientist. U.S.D.A.). The government agencies, or geographic agricultural soils of Jackson and regions; and it will not have significant Josephine Counties are located in the adverse effects on competition, 900 to 200 foot elevation range. In employment investment, productivity, § 9132 Rogue Valley. Jackson County, soil pH ranges from 5.8 innovation, or on the ability of United (a) Name. The name of the viticultural to about 6.6. Josephine County soils States-based enterprises to compete area described in this section is "Rouge have pH range of 5.7 to about 6.4. with foreign-based enterprises in Valley." Jackson County has some soil series that domestic or export markets. (b) Approved map. The appropriate are of clay texture, principally Carney, map for determining the boundaries of Coker, and Phoenix clays. These clay Regulatory Flexibility Act the Rogue Valley viticultural area is one series are not found in Josephine It is hereby certified that this U.S.G.S. map titled "Medford," scale County. There are at least ten soil series regulation will not have a significant 1:250,000 (1955, revised 1976). that are common to both counties. They economic impact on a substantial (c) Boundaries.The Rogue Valey are Barron. Camas, Central Point. Cove, number of small entities. Accordingly, a viticultural area is located entirely Debenger, Evans, Kerby, Newberg, regulatory flexibility analysis is not within Jackson and Josephine Counties Pollard and Ruch. The soils of Jackson required because the final rule is not in southwestern Oregon. The boundaries and Josephine counties are much more expected (1) to have secondary, or are as follows: closely related to each other than to incidental effects on a substantial (1) Beginning at the point of those of the Willamette Valley, coastal, number of small entities; or (2) to intersection of Interstate 5 and the or eastern Oregon areas. Soils of the impose, or otherwise cause a significant Josephine County/Douglas County line Willamette Valley formed under at least increase in the reporting, recordkeeping, approximately 20 miles north of Grants 40 inches of annual precipitation and or other compliance burdens on a Pass, the boundary proceeds southerly they are considerably more acid than substantial number of small entities. and southwesterly along U.S. Interstate those of the Rogue Valley, having pH 5 to and including the town of Wolf Paperwork Reduction ranges of 5.4 to 6.0. (John A. Yungen, Act Creek; Professor of Agronomy. Oregon State The provisions of the Paperwork (2) Then westerly and southerly out of University, Medford. Oregon). Reduction Act of 1980, Public Law 96- the town of Wolf Creek along the 2436 Federal Register / Vol. 56, No. 15 / Wednesday, January 23, 1991 / Rules and Regulations

Southern Pacific Railway Line to and (17) Then westerly along the north line these fees shall reflect the actual and including the town of Hugo; of T38S, RiE, to the northwest corner of reasonable costs of the services (3) Then southwesterly along the T38S, RIE; provided. In addition, section 1921(c)(2) secondary, hard surface road known as (18) Then northerly along the west line requires the Attorney General to Hugo Road to the point where the Hugo of T37S, RIE, to the northwest corner of establish a minimum and maximum Road crosses Jumpoff Joe Creek; T37S, RIE. amount for the U.S. Marshals Service (4) Then westerly and down stream (19) Then easterly along the north commissions for sales conducted along Jumpoff Joe Creek to the lines of T37S, RIE, and T37S, R2E, to the pursuant to federal court proceedings. southeast corner of T36S, R2E; intersection of Jumpoff Joe Creek and EFFECTIVE DATE: February 22, 1991. the Rogue River; (20) Then northerly along the east line (5) Then northwesterly and down of T36S, R2E, to the northeast corner of FOR FURTHER INFORMATION CONTACT: stream along the Rogue River to the first T36S, R2E; Edward Moyer, Chief, Finance Division, Service, telephone (202) point where the Wild and Scenic Rogue (21) Then westerly along the north line U.S. Marshals River designated area touches the of T36S, R2E, to the northwest corner of 307-9230 or FTS 367-9230. easterly boundary of the Siskiyou .T36S, R2E; SUPPLEMENTARY INFORMATION: Prior to National Forest just south of Galice; (22) Then northerly along the east line the passage of the Anti-Drug Abuse Act of T35S, RIE, to the northeast corner of (6) Then in a generally southwesterly of 1988, the U.S. Marshals Service fees T35S, RIE; direction (with many diversions) along for serving and executing federal court (23) Then westerly along the north line process were seriously outdated, as the easterly border of the Siskiyou of T35S, RIE, to the northwest corner of National Forest to the 42 degree 0 compared to the rates charged in the T35S, RIE; private sector for similar services. The minute latitude line; (24) Then northerly along the east line (7) Then easterly along the 42 degree 0 U.S. Marshals Service costs for serving of T34S, RIW, to the northeast corner of process far minute latitude line to the point where T34S, RIW; exceeded the fees charged the Siskiyou National Forest again (25] Then westerly along the north private litigants, thus requiring the crosses into Oregon approximately 1 lines of T34S, RIE; T34S, R2W; T34S, Service to use public funds to subsidize mile east of U.S. Highway 199; R3W; T34S, R4W; and T34S, R5W, to the private litigation. The rule establishes (8) Then in a generally northeasterly northwest corner of T34S, R5W; fees for serving and executing federal direction and then a southeasterly (26) Then northerly along the west line court process based on the actual costs, direction (with many diversions) along of T33S, R5W, to the Josephine County/ e.g., salaries, overhead, travel, out-of- the northern boundary of the Siskiyou Douglas County line; pocket expenses, of the services National Forest to the point where the (27) Then westerly along the rendered and the hours expended. 9iskiyou National Forest touches the Josephine County/Douglas County line The rule also establishes a range for Rogue River National Forest at Big to U.S. Interstate 5, the point of the U.S. Marshals Service commissions Sugarloaf Peak; beginning. to eliminate unduly high and low (9) Then in a generally easterly Signed: December 17, 1990. commissions resulting from a strict direction (with many diversions) along Stephen E. Higgins, application of the statutory formula in the northern border of the Rogue River Director. section 1921. In the past, the Service's National Forest to the point where the commissions did not provide for a Rogue River National Forest intersects Approved: December 28, 1990. minimum to assure recovery of costs or with Slide Creek approximately 6 miles Dennis M. O'Connell, a maximum to protect against unduly southeast of Ashland; Acting Deputy Assistant Secretary high commissions. This resulted in (Regulatory, Trade and TariffEnforcement). (10) Then southeasterly and litigation and judicial review of northeasterly along Slide Creek to the [FR Doc. 91-1514 Filed 1-22-91; 8:45 am] statutorily prescribed commissions point where it intersects State Highway BILLING CODE 4810-31-M charged private litigants. 273; The rule limits the U.S. Marshals (11) Then northwesterly along State DEPARTMENT OF JUSTICE Service commissions imposed under Highway 273 to the point where it section 1921 to a minimum and intersects State Highway 66; Office of the Attorney General maximum amount. The minimum (12) Then in an easterly direction guarantees the Government a fixed level approximately 5 miles along State 28 CFR Part 0 of cost coverage, while the maximum Highway 66 to the east line of Township protects the private litigant from 39 South, Range 2 East (T39S, R2E); United States Marshals Service Fees excessive Marshals Service (13) Then following the east line of commissions. AGENCY: Office of the Secretary, Moreover, by establishing T39S, R2E, in a northerly direction to the a reasonable Department of Justice. maximum, the rule should northeast corner of T39S, R2E; also eliminate the need for judicial (14) Then westerly approximately 5 ACTION: Final rule. review of these matters. miles along the north line of T39S, R2E, SUMMARY: This rule establishes the A proposed rule was published in the to the 2,600 foot contour line; United States Marshals Service fees and Federal Register at Volume 55, No. 84, (15) Then in a northerly direction commissions as required by the Anti- on May 1, 1990, and comments were following the 2,600 foot contour line Drug Abuse Act of 1988, Public Law 100- solicited for thirty (30) days thereafter. across Walker Creek and then in a 690. New section 1921(b) of title 28, No comments were received. The final southwesterly direction to the point United States Code, requires the rule is identical to the proposed rule where the 2,600 foot contour line Attorney General to establish fees to be except for minor clarifications. touches the east line of T38S, RIE; collected for certain services rendered This rule is not a major rule for (16) Then northerly along the east line by the United States Marshals Service in purposes of Executive Order 12291. As of T38S, RiE, to the northeast corner of connection with federal court required by the Regulatory Flexibility T38S, RIE; proceedings. To the extent practicable, Act, it is hereby certified that this rule