29882 Federal Register / Vol. 48, No. 126 / Wednesday, June 29, 1983 / Proposed Rules 29882 at a depth of about 13,000 feet. Total On October 2, 1979, ATF published (b) Willamette Valley is named as one thickness is approximately 4,000 feet. Treasury Decision ATF-60 44 FR 56692) of ten climatic regions in the State. added a new Part 9 to 27 CFR for (c) The petitioner claims it is the [FR Doc. 83-17519 Filed 8-28--83; 8:45 am) which approved viticultural areas. name used in all historical, BILLING CODE 6717-01-M listing of standard Sections 4.25a(e)(1) and 9.11, Title 27, geographical, geological, climatological CFR define an American viticultural and agricultural texts to refer to this DEPARTMENT OF THE TREASURY area as a delimited grape-growing plain and adjacent foothills. region distinguishable by geographical Historical and current evidence that Bureau of Alcohol, Tobacco and features. Section 4.25a(e)(2) outlines the the boundaries of the "Willamette Firearms procedures for proposing an American Valley" are as specified in the petition: viticultural area. Any interested person US. 27 CFR Part 9 (a) Throughout this 1841 report, may petition ATF to establish a grape- Exploring Expedition, Charles Wilkes [Notice No. 473] growing region as a viticultural area. makes reference to "Willamette," and The petition should include: his usage, the petitioner claims, became Willamette Valley Viticultural Area (a) Evidence that the name of the the standard. proposed viticultural area is locally AGENCY: Bureau of Alcohol, Tobacco known as referring to (b) Free land given to settlers by the and Firearms, Treasury. and/or nationally Oregon Provisional and the U.S. the area specified in the petition; ACTION: Notice of proposed rulemaking. resulted in most evidence that Government up to 1855 (b) Historical or current of the valuable (cultivable) land being SUMMARY: The Bureau of Alcohol, the boundaries of the viticultural area A map of, these claims in the petition; claimed. Tobacco and Firearms (ATF) is are as specified in the "Atlas of Oregon" is remarkably close considering the establishment of a (c) Evidence relating to the to the boundaries of the proposed viticultural area in the State of Oregon geographical characteristics (climate, viticultural area. soil, elevation, physical features, etc.), to be known as "Willamette Valley." (c) The "Atlas of Oregon" mentions This proposal is the result of a petition which distinguish the viticultural features of the proposed area from Willamette Valley as one of nine submitted by Mr. David B. Adelsheim, physiographic regions in the State and Chairman, Appellation Committee, surrounding areas; (d) a description of the specific describes it as a "broad alluvial plain, Oregon Winegrowers Association, and 160 miles long and up to 65 miles owner of Adelsheim Vineyards. The boundaries of the viticultural area, based on features which can be found broad," which approximates the size of establishment of viticultural areas and the proposed area. the subsequent use of viticultural area on United States Geological Survey names in wine labeling and advertising (U.S.G.S.) maps of the largest applicable The petitioner claims that the will enable industry to label wines more scale; and proposed viticultural area has precisely, and will help consumers (e) A copy of the appropriate U.S.G.S, geographical characteristics which better identify wines they purchase. maps with the boundaries prominently distinguish it from the surrounding marked. areas. The petitioner bases this claim on DATE: Written comments must be the following: received by August 15, 1983. Petition (a) The mountains surrounding the ADDRESS: Send written comments to: ATF has received a petition to Willamette Valley on three sides Beer Branch, Chief, FAA, Wine and establish a viticultural area in northwest provide it with a unique and Bureau of Alcohol, Tobacco and Oregon to be know as "Willamette has DC homogeneous climate. The valley Firearms, P.O. Box 385, Washington, Valley." The petition was submitted by temperatures that are mild, averaging Attn: Notice No. 473. 20044-0385, Mr. David B. Adelsheim on behalf of the 40'F in the winter, 68°F in summer. Copies of the petition, the proposed Oregon Winegrowers Association. The Eastern Oregon temperatures range from regulations, the appropriate maps, and proposed area is enclosed by natural for 28"F in winter to 75"F in summer. In the written comments will be available boundaries-the Columbia River to the of the Calapooya public inspection during normal Umpqua Valley, south north, the Coast Range Mountains on Mountains, the winterq are colder, and business hours at: ATF Reading Room, the west, the Calapooya Mountains on than in the 4405, Federal Building, 12th & the summers are warmer, Room the south, and the Cascade Mountains Willamette Valley. Pennsylvania Avenue, NW, Washington, to the east. This proposed area is DC. (b) Willamette Valley has an average located on the valley floor of the rainfall of 40 inches. Annual rainfall to FOR FURTHER INFORMATION CONTACT: Willamette Valley and generally and Beer the west, on the other side of the Coast James P. Ficaretta, FAA, Wine extends no higher than the 1,000 foot inches. To the of Alcohol, Tobacco and Range Mountains, is 100 Branch, Bureau level of the surrounding mountain on the other side of the Cascade Washington, DC (202-566- in east, Firearms, ranges, the limit of viticulture stated annual rainfall is less than 7626). area consists Mountains, the petition. The petitioned 10 inches. SUPPLEMENTARY INFORMATION: of approximately 5,200 square miles, (3.3 million acres). Scattered throughout the (c) There are two basic types of soil in Background area are 2,000 acres of grapes, and 27' the Willamette Valley, silty loam and wineries. clay loam, unlike the mountain soils to On August 23, 1978, ATF published the south, east, and west which result Treasury Decision ATF-53 (43 FR 37672, Evidence that the proposed area is locally, and/or from steeper slopes, dense coniferous 54624) revising regulations in 27 CFR viticultural heavier winter for the nationally known is supported by the vegetation and Part 4. These regulations allow precipitation. establishment of definite viticultural following: areas. The regulations also allow the (a] In a 1969 book, "Le Grand Livre du The boundaries of the proposed name of an approved viticultural area to Vin," Edits Lausanne makes reference Willamette Valley viticultural area may be used as an appellation of origin on to certain vinifera grapes being grown in be found on three U.S.G.S. maps wine labels and in wine advertisements. the-Willamette Valley south of Portland. (Vancouver, Salem, and Roseburg). Federal Register / Vol. 48, No. 126 / Wednesday, June 29, 1983 / Proposed Rules 29883

The-boundaries, as proposed by the date and too late for consideration will (2) "Salem," Location Diagram NL 10- petitioner, are described in proposed be treated as possible suggestions for 11, 1960 (revised 1977). § 9.90. future ATF action. (3) "Roseburg," Location Diagram NL ATF will not recognize any material in 10-2, 1958 (revised 1970). Regulatory Flexibility Act comments as confidential. Comments (c) Boundaries.The proposed The provisions of the Regulatory may be disclosed to the public. Willamette Valley viticultural area is Flexibility Act relating to initial and Any material which the commenter located in the northwestern part of final regulatory flexibility analyses (5 considers to be confidential or Oregon, and is bordered on the north by U.S.C. 603, 604)]are not applicable to this inappropriate for disclosure to the the Columbia River, on the west by the notice of proposed rulenmaking because public should not be included in the Coast Range Mountains, on the south by the proposal is not expected (1) to have comment. The name of the person the Calapooya Mountains, and on the significant secondary or incidental submitting a comment is not exempt east by the Cascade Mountains, effects on a substantial number of small from disclosure. encompassing approximately 5,200 entities; nor (2) to impose, nor otherwise Any interested person who desires an square miles (3.3 million acres). The cause, a significant increase in the opportunity to comment orally at a exact boundaries of the proposed area, reporting, recordkeeping, or other public hearing on these proposed based on landmarks and points of compliance burdens on a substantial regulations should submit his or her reference found on the approved maps, number of small entities. request, in writing, to the Director within are as follows: from the beginning point Accordingly, it is hereby certified the 45-day comment period. The ' at the intersection of the Columbia/ under the provisions of Section 3 of the Director, however, reserves the right to Multnomah County line and the Oregon/ Regulatory Flexibility Act (5 U.S.C. determine, in light of all circumstances, Washington State line; 605(b)) that the notice of proposed rule- whether a public hearing will be held. (1) West along the Columbia/ making, if promulgated as a final rule, Multnomah County line 8.5 miles to its will not have a significant economic List of Subjects in 27 CFR Part 9 intersection with the Washington/ impact nor compliance burden on a Administrative practices and Multnomah County line; substantial number of small entities. procedure, Viticultural areas, Consumer (2) South along the Washington Compliance with Executive Order 12291 protection, and Wine. County line 5 miles to its intersection 1,000 foot contour line; Drafting Information with the It has been determined that this notice (3) Northwest (15 miles due of proposed rulemaking is not classified The principal author of this document northwest) along the 1,000 foot contour as a "major rule" within the meaning of is James P. Ficaretta, FAA, Wine and line to its intersection with State Executive Order 12291, 46 FR 13193 Beer Branch, Bureau of Alcohol, Highway 4.7, .5 mile north of "Tophill"; (1981), because it will not have an Tobi'cco and Firearms. (4) Then, due west from State annual effect on the economy of $100 Authority Highway 47 one-quarter mile to the 1,000 million or more; it will not result in a foot contour line, continuing south and major increase in costs or prices for Accordingly, under the authority in 27 then southwest along the 1,000 foot consumers, individual industries, U.S.C. 205, the Director proposes the contour line to its intersection with the Federal, State, or local government amendment of 27 CFR Part 9'as follows: Siuslaw National Forest (a point agencies, or geographic regions; and it approximately 43 miles south and 26 will not have significant adverse effects PART 9-AMERICAN VITICULTURAL miles west of "Tophill"), one mile north on competition, employment, investment AREAS of -State Highway 22; productivity, innovation, or on the Paragraph 1. The table of sections in (5) Due south 6.5 miles to the 1,000 ability of the United States-based 27 CFR Part 9, Subpart C, is amended to foot contour line on the Lincoln/Polk enterprises to compete with foreign- add the title of § 9.90 to read as follows: County line; based enterprises in domestic or export (6) Continue along the 1,000 foot markets. Subpart C-Approved American Viticultural Areas contour line (approximately 23 miles) Paperwork Reduction Act east, south, and then west, to a point Sec. the Polk County line is The provisions of the Paperwork where intersected by the Lincoln/Benton Reduction Act.of 1980, Pub. L. 96-511, 44 9.90 Willamette Valley. Chapter 35, and its implementing County line; U.S.C. (7) South along the Lincoln-Benton regulations, 5 CFR Part 1320, do not Par. 2. Subpart C is amended by 11 miles to its intersection apply to this notice because no adding § 9.90 to read as follows: County line, with the Siuslaw National Forest line; requirement to collect information is C-Approved American (8) East along the Siuslaw Natioial proposed. Subpart Viticultural Areas Forest line six miles, and then south Public Participation-Written Comments along the Siuslaw National Forest line ATF requests comments from all six miles to State Highway 34 and the interested persons concerning this § 9.90 Willamette Valley. 1,000 foot contour line; proposed viticultural area. This (a) Name.- The name of the viticultural (9) South along the 1,000 foot contour document proposes possible boundaries area described in this section is line to its intersection with Township for the Willamette Valley viticultural "Willamette Valley." line T17S/T18S (31 miles southwest, and area. However, comments concerning (b) Approved maps. The appropriate one mile west of State Highway 126); T17S/T18S 4.5 miles to other possible boundaries for this maps for determining the boundaries of (10) East along viticultural area will be given the Willamette Valley viticultural area Range line R6W/R7W, south along this consideration. are three U.S.G.S. maps scaled range line 2.5 miles to the 1,000 foot Comments received before the closing 1 : 250,000. They are entitled: contour line; date will be carefully considered. (1) "Vancouver,". Location Diagram (11) Southeast along the 1,000 foot Comments received after the closing NL 10-8, 1958 (revised 1974). contour line to R5W/R6W 29884- Federal 'Register / Vol. 48, No. 126 /'Wednesday, June 29, 1983 / Proposed Rules

(approximately six miles); southeast 1,000 foot contour line (just north of Bull (d)(5). ".A fleet of patrol boats will be from this point eight miles to the Run River); positioned at the perimeter of the intersection of R4W/R5W and T19S/ . (30) North along the 1,000 foot contour restricted water zone boundaries T20S; line, into Multnomah County, to its (except inextreme weather conditions (12) East along T19S/T20S 1.5 miles to intersection with R4E/R5E; such as gales or ice) during periods of the 1,000 foot contour line; (31) Due north approximately three testing to prevent unauthorized entry. If (13) Following the 1,000 foot contour miles to the Oregon/Washington State necessary to attract attention of another line north around Spencer Butte, and line; and vessel about to penetrate the restricted then south to a point along the Lane/ (32) West and then north, 34 miles, area, the patrol boat may signal by a Douglas County line one-half mile north along the Oregon/Washington State line distinctive rotating blue and red light, of Interstate Highway 99; - to the beginning point. public address system, siren, or by radio (14] South along the Lane/Douglas Approved june 23, 1983. contact on shipshore FM channel 16 and County line 1.25 miles to the 1,000 foot Stephen E. Higgins, citizen band channel 12. Buoys will contour line; Director. mark the restricted waters along the (15) Following the 1,000 foot contour Chesapeake Bay perimeter during the [FR Doc. 83-17543 Filed 6-28-83: 8:45 am] period, normally 4 June through 1 line around the valleys of Little River, BILLING CODE 4810-31-M Mosby Creek, Sharps Creek and Lost October annually." Creek to the intersection of RIW/RIE Change sub-paragraph (j) to: and State Highway 58; DEPARTMENT OF DEFENSE "Aberdeen Proving Ground Regulation (16) North along RIW/RE, six miles, (APGR)210-10 will govern commercial until it intersects the 1,000 foot contour Corps of Engineers; Department of the fishing and crabbing and APGR 210-26 line just north of Little Fall Creek; Army will govern recreational (non- (17) Continuing along the 1,000 foot commercial) fishing and crabbing." contour line around Hills Creek, up the 33 CFR Parts 204 and 207 Add new sub-paragraph after sub- southern slope of McKenzie River paragraph (k)as: "This section shall be Valley to Ben and Kay Dorris State Park, Danger Zone and Navigation enforced by the Commander,Aberdeen crossing over and down the northern Regulations; Chesapeake Bay, Proving Ground, and such agencies as slope around Camp Creek, Mohawk Potomac and Patuxent Rivers he/she may designate." River and its tributaries, Calapooia AGENCY: U.S. Army Corps of Engineers, River (three miles southeast of the town DoD. Section 204.32 ChesapeakeBay, in the vicinity of ChesapeakeBeach, of Dollar) to a point where Wiley Creek ACTION: Notice of proposed rulemaking intersects RIE/RIW approximately one Maryland;firing range, Naval Research mile south of T14S/T13S; SUMMARY: The Corps of Engineers Laboratory. (18) North along RIE/RIW 7.5 miles to proposes to amend the Navigation Deletd the following inparagraph T12S/T13S at Cedar Creek; Regulations in Title 33 by amending (a)(2): "Bloody Bar Light". (19) West along T12S/T13S four miles certain sections where identified as Add inits place: "Bloody Point Bar to the 1,000 foot contour line; obsolete or unnecessary and are Light". (20) Continuing in a general northerly editorial in nature. Delete the following inparagraph direction along the 1,000 foot contour This is part of the Corps' ongoing program to improve its regulations. (a)(2): Buoy N 16 FF" line around Crabtree Creek, Thomas Add inits place: "Chopthnk River Creek, North Santiam River (to its DATE: Comments must be received on or Approach Buoy 2". intersection with Sevenmile Creek), and before July 29, 1983. Delete the following inparagraph Little North Santiam River to the ADDRESS: HQDA, DAEN-CWO-N, (a)(4): "Buoy C 1"' intersection of the 1,000 foot contour line Washington, D.C. 20314. Add inits place: "Chesapeake Beach with R1E/R2E (approximately one mile FOR FURTHER INFORMATION CONTACT: north of State Highway 22); Light 2". Mr. Ralph T. Eppard at (202) 272-0199. Delete the following inparagraph (21) North along R1E/R2E (through a SUPPLEMENTARY INFORMATION: The small portion of Silver Falls State Park) (a)(4): "Buoy C 23". Corps of Engineers has reviewed the Add inits place: "Plum Point Shoal 14 miles to T6S/T7S; regulations in 33 CFR Parts 204 and Z07 (22) East along T6S/T7S six miles to Buoy 1". affecting the Chesapeake Bay, Potomac Delete the following inparagraph R2E/R3E; and Patuxent Rivers with a view toward (23) North along R2E/R3E six miles to (b)(3): "Director, Naval Research amending obsolete or unnecessary Laboratory" the intersection of T5S/T6S; sections. The following is a list of (24) Due northeast 8.5 miles to the regulations affected by this proposal Add inits place: "Commanding intersection of T4S/T5S and R4E/R3E; and a description of the proposed Officer, Naval Research Laboratory". (25) East along T4S/T5S six miles to changes. Delete the following inparagraph R4E/R5E; •1. Part204 Danger Zone Regulations. (b)(6): "The Commandant,Fifth Naval (26) North along R4E/R5E six miles to The following regulations in Part 204 District". T3S/T4S; are amended to update requirements Add inits place: "Commander,Naval (27) East along T3S/T4S six miles to and remove obsolete and unnecessary Base, Norfolk, Virginia." R5E/R6E; requirements. (28) North along R5E/R6E 10.5 miles to Section 204.36 Chesapeake Bay, in a point where it intersects the Mount Section 204.30 Chesapeake Bay; vicinity of Bloods worth Island, Hood National Forest boundary United States Army Proving Ground Maryland shore bombardment,air (approximately three miles north of Reservation, Aberdeen, Maryland. bombing, air strafing, and rocket firing Interstate Highway 26); Add a new subparagraph (d)(4) to area, US. Navy. (29) West four miles and north one read as follows and renumber the Delete the following in paragraph mile along the forest boundary to the existing subparagraph (d)(4) to become (b)(3): ".* * and sunset, except that