19856 Federal Register / Vol. 51, No. 106 / Tuesday, June 3, 1986 / Proposed Rules .. 9.856..-...

Comments received before the closing (b) Approved map. The appropriate 27 CFR Part 9 date will be carefully considered. map for determining the boundaries of Comments received after the closing the Bell Mountain viticultural area is [Notice No. 595] date and too late for consideration will one U.S.G.S. map, titled: Willow City be treated as suggestions for possible Quadrangle, 7.5 minute series, 1967. Revision of the Boundary of the future ATF action. (c) Boundary-(1) General.The Bell Monticello Viticultural Area ATF will not recognize any material Mountain viticultural area is located in AGENCYV Bureau of Alcohol, Tobacco or comments as confidential. Comments Gillespie County, Texas. The starting and Firearms (ATF), Department of the may be disclosed to the public. Any point of the following boundary Treasury. material which the commenter considers description is the summit of Bell ACTION. Notice of proposed rulemaking. to be confidential or inappropriate for Mountain (1,956 feet). disclosure to the public should not be (2) Boundary Description-(i)From SUMMARY: ATF is proposing to amend included in the comment. The name of the'starting point, the boundary the approved boundary of the the person submitting a comment is not proceeds due southward for exactly one Monticello viticultural area to include exempt from disclosure. half mile; vineyards which were omitted from the Any person who desires an (ii) Then southeastward in a straight original petition which ATF adopted in opportunity to comment orally at a line to the intersection of Willow City T.D. ATF-164 (49 FR 2757). This public hearing on these proposed Loop Road with an unnamed proposal is based on a petition regulations should submit his or her unimproved road, where marked with submitted by Edward W. Schwab, request, in writing, to the Director within an elevation of 1,773 feet; Autumn Hill Vineyards, located in the 45-day comment period. The request (iii) Then generally soutlward along Stanardsville, Virginia. The should include reasons why the Willow City Loop Road (a light-duty establishment of viticultural areas and commenter feels that a-public hearing is road) to Willow City. the subsequent use of viticultural area necessary. The Director, however, names as appellations of origin in wine (iv) Then continuing southward and reserves the right to determine, in light labeling and advertising will help westward along the same light-duty of all circumstances, whether a public consumers better identify wines they road to the intersection having an hearing will be held. purchase. The use of viticultural area elevation of 1,664 feet; List of Subjects in 27 CFR Part 9 appellations of origin will also help (v) Then continuing westward along wineries distinguish their products from Administrative practice and the light-duty road to the intersection wines made in other areas. having an elevation of 1,702 feet; procedures, Consumer protection, DATE: Written comments must be Viticultural areas, Wine. (vi) Then turning southward along the received by July 3, 1986. light-duty road to the intersection having Drafting Information an elevation of 1,736 feet; ADDRESSES: Send written comments to: Chief, FAA, Wine and Beer Branch, The principal author of.this document (vii) Then turning westward along the is Mr. Steve Simon of the FAA, Wine Bureau of Alcohol, Tobacco and light-duty road to the intersection having Firearms, P.O. Box 385, Washington, DC and Beer Branch, Bureau of Alcohol, an elevation of 1,784 feet; Tobacco and Firearms. 20044,-0385. (viii) Then turning southward and Copies of the petition and the written Issuance then westward, following the light-duty comments received in response to this road to its intersection with Texas notice will be available for public PART 9-AMERICAN VITICULTURAL Highway 16, where marked with an inspection during normal business hours AREAS elevation of 1,792 feet; at: ATF Reading Room, Room 4406, Ariel (ix) Then due westward to the Accordingly, the Director proposes the Rios Federal Building, 12th and amendment of 27 CFR Part 9 as follows: longitude line 980 45'; Pennsylvania Avenue, NW, Washington, Paragraph A. The authority citation (x) Then northward along that DC. for Part 9 continues to read as follows: longitude line to a point due west of an FOR FURTHER INFORMATION CONTACT: unnamed peak with an elevation of 1,784 James A. Hunt, Coordinator, FAA, Wine Authority: 27 U.S.C. 205. feet; and Beer Branch, (202) 566-7626. Par. B. The table of sections in 27 CFR (xi) Then due eastward to the summit SUPPLEMENTARY INFORMATION: Six wine Part 9, Subpart C, is amemded to add of that unnamed peak; grape growers in the Charlottesville area the title of of § 9.55, to read as follows: (xii) Then in a straight line eastward of Virginia first petitioned ATF to to the intersection of an unnamed establish a viticultural area to be known unimproved road with Texas Highway as "Monticello." In response to the Subpart C-Approved American Viticultural 16, where marked with an elevation of Areas petition, AFT published a notice of 1,822 feet; proposed rulemaking, Notice No. 399 (46 Sec. (xiii) Then following that unnamed FR 59274), on December 4,1981, to road, taking the right-hand fork at an establish a viticultural area in the 9.55 Bell Mountain. intersection, to a point due west of the Charlottesville, Virginia, area to be summit of Bell Mountain; known as "Monticello." During the Par. C. Subpart C of 27 CFR Part 9 is (xiv) Then due eastward to the comment period The Jefferson Wine amended by adding § 9.55, which reads summit of Bell Mountain. Grape Growers Society petitioned for an as follows: enlargement of the Monticello Approved: May 19, 1986. viticultural area boundary. ATF § 9.55 Bell Mountain. Stephen E. Higgins, published an amended notice of (a) Name. The name of the viticultural Director. proposed rulemaking, Notice No. 434 (47 area described in this section is "Bell [FR Doc. 86-12248 Filed 6-2-88; 8:45 am] FR 52200), on November 19, 1982. All the Mountain." BILLING CODE 4810-31-M comments received favored the enlarged Federal Register [Vol. 51, No. 106 / Tuesday, June 3, 1986 / Proposed Rules 19857 boundary for the Monticello viticultural Public Participation-Written Comments this notice because no requirement to area. collect information is proposed. Based on the above discussion, ATF is On January 23, 1984, ATF published issuing this notice of proposed List of Subjects in 27 CFR Part 9 T.D. ATF-164 (49 FR 2757) establishing rulemaking to request comments the Monticello viticultural area. On Administrative practice and concerning this proposed revision of the procedures, Consumer protection, November 9, 1984, a petition was Monticello viticultural area boundary. received from Mr. Edward W. Schwab, Viticultural areas, Wine. ATF will not recognize any material Managing Partner, Autumn Hill or comments as confidential. Comments Drafting Information Vineyards, to include Greene County in may be disclosed to the public. Any the Monticello viticultural area. Mr. The principal author of this document material which the respondent considers Schwab said he became aware of the is James A. Hunt, FAA, Wine and Beer to be confidential or inappropriate for Monticello viticultural area after it was Branch, Bureau of Alcohol, Tobacco and disclosure to the public should not be established and he was not aware of the Firearms. included in the comment. The name of rulemaking process that had taken any person submitting a comment is not Authority and Issuance place. exempt from disclosure. Greene County is a small county PART 9--AMENDEDI Regulatory Flexibility Act which borders the northern boundary of 27 CFR Part 9-American Viticultural the Monticello viticultural area. Mr. The provisions of the Regulatory Areas is amended as follows: Schwab submitted a statement and Flexibility Act relating to an initial and Paragraph 1. The authority citation for evidence from the Virginia Cooperative final regulatory flexibility analysis (5 Part 9 continues to read as follows: Extension Service Agriculture Extension U.S.C. 603, 604) are not applicable to this Authority: 27 U.S.C. 205. Agent that the petitioned for area has proposal because the notice of proposed essentially the same topography, soil rulemaking, if promulgated as a final Par. 2. Section 9.48(c) is revised to add types, amount of rainfall, elevation and rule, will not have a significant the amended boundaries and by adding temperatures as found in the bordering economic impact on a substantial numbers to the descriptions to read as Monticello viticultural area. Mr. Schwab number of small entities. The proposal follows: amended his petition to.exclude a- will not impose, or otherwise cause, a §9.48 MonUcello. montainous area in the western part of significant increase in reporting, Greene County so that the revised area" recordkeeping, or other compliance (c) Boundaries. (1) From Norwood, would be even more similar to the burdens on a substantial number of Virginia, following the Tye River west existing Monticello viticultural area. small entities. The proposal is not and northwest until it-intersects with the The existing Monticello viticultural expected to have significant secondary eastern boundary of the George area is approximately 1250 square miles or incidental effects on a substantial Washington National Forest; (2) and therefore extends many miles from number of small entities. following this boundary northeast to its name sake and home of Thomas Accordingly, It is hereby certified Virginia Rt. 664; (3) then west following Jefferson in Charlottesville, Virginia. under the provisions of section 3 of the Rt. 664 to its intersection with the The evidence during the rulemaking Regulatory Flexibility Act (5 U.S.C. Nelson County line; (4) then northeast process established that the Monticello 605(b)] that this notice of proposed along the Nelson County line to its name extends throughout Central rulemaking, if promulgated as a final intersection with the Albemarle County Virginia, to include Albemarle, Orange, rule, will not have a significant line at Jarman Gap; (5) from this point Nelson and Greene Counties, because of economic impact on a substantial continuing northeast along the eastern Thomas Jefferson's dominant influence number of small entities. boundary of the Shenandoah National in the region. Historical publications Executive Order 22291 Park to its intersection with the northern have numerous references to Jefferson Albemarle County line; (6) continuing leasing farm land throughout Central In compliance with Executive Order northeast along the Greene County line Virginia to expand his Monticello 12291, 46 FR 13193 (1981), ATF has to its intersection with Virginia Rt. 33; acreage. Other references list Monticello determined that this final rule is not a (7) follow Virginia Rt. 33 east to the "major rule" since it will not result as the primary source of crop in; intersection of Virginia Rt. 230 at experimentation data and planting (a) An annual effect on the economy Stanardsville; (8) follow Virginia Rt. 230 material (including grapevines] used to of $100 million or more; north to the Greene County line (the start new farms in Central Virginia. . (b) A major increase in costs or prices Conway River); (9) following the county One current example which shows for consumers, individual ihdustries, line southeast to its intersection with the that the name identification extended Federal, State or local government Orange County line, (10) continuing several miles to the north of Monticello agencies, or geographic region(; or north on the county line to its to Orange and Greene Counties is a (c) Significant adverse effects on intersection with the Rapidan River, mansion similar in appearance to competition, employment, investment, whic continues as the Orange County Monticello which Jefferson designed for productivity, innovation, or on the line; (11) following the river east and his friend, James Barbour. The mansion ability of United States-based northeast to its confluence with the burned in 1884, but all the brick enterprises to compete with foreign- Mountain Run River, (12) then following structure and columns remain making based enterprises in domestic or export the Mountain Run River southwest to its the structure easily identified with merkets. intersection with Virginia Rt. 20, (13) Monticello. This mansion, the continuing southwest along Rt. 20 to the Paperwork Reduction Act Barboursville Ruins, is now a historical corporate limits of the town of Orange; landmark and tourist attraction. The The provisions of the Paperwork (14) following southwest the corporate eastern boundary of the proposed Reduction Act of 1980, Pub. L. 96-511, 44 limit line to its intersection with U.S. Rt. amended viticultural area revision is U.S.C. Chapter 35, and its implementing 15; (15) continuing southwest on Rt. 15 to near the Barboursville Ruins. regulations, 5 CFR 1320, do not apply to Its intersection with Virginia Rt. 231 in 19858 Federal Register / Vol. 51, No. 106 / Tuesday, June 3, 1986 / Proposed Rules the town of Gordonsville; (16) thbn Commission (ASMC) to determine the SUPPLEMENTARY INFORMATION: southwest along Rt. 231 to its eligibility of the proposed operation for Background intersection with the Albemarle County exemption from regulatory requirements line; (17) continuing southwest along the for surface coal mining operations under On June 30,1983, the National Park the county line to its intersection with the Alabama program. The proposed Service (NPS) published a major the James River; (18) then following the rules replaced rules previously approved revision of its general regulations in James River to its confluence with the by OSMRE (July 19, 1985, 50 FR 29379). Title 36 of the Code of Federal Tye River at Norwood, Virginia, the On January 30, 1986, OSMRE Regulations that pertain to resource beginning point. published a notice in the Federal protection, public use and recreation (48 Signed: May 27, 1986. Register announcing receipt of the FR 30252). One of these regulations, Stephen E.Higgins, amendment and soliciting public § 1.6, provides the general procedures criteria under which NPS permits Director , comment on its adequacy. The comment and period ended on March 3, 1986. are issued. Another, § 1.5, sets forth the [FR Doc. 86-12410 Filed 6-2-86; 8:45 am] On May 7,1986, Alabama submitted a basic authority for park managers to SILUNG CODE 4810-31-M copy of Alabama Senate Bill 445, Act establish permit systems in order to 86-106, which had been passed by the implement public use limits. A third § 3.3, authorizes the DEPARTMENT OF Alabama Legislature and which in part general regulation, THE INTERIOR repealed rule 880-X-2E. In a letter which superintendent to issue permits to Office of Surface Mining Reclamation accompanied the Senate Bill, Alabama manage boating activities within a park and Enforcement therefore withdrew the proposed area. amendment at ASMC 880-X-2E. These three regulations all contain 30 CFR Part 901 Dated: May 28, 1986. provisions that address a H. Leonard Richeson, superintendent's authority to issue Withdrawal of a Proposed Rulemaking Acting Assistant Director,Program permits and/or to establish permit To Amend the Alabama Permanent Operations. conditions; other provisions prohibit Regulatory Program [FR Doc. 86-12371 Filed 6-2--86; 8:45 am] violating the terms and conditions of a permit. Both § 1.5 and 3.3 make AGENCY: Office of Surface Mining BIUWNO CODE 4310-05- reference to the'permit criteria and Reclamation and Enforcement (OSMRE), procedures of § 1.6. However, none of Interior. National Park Service these sections contains text that clearly ACTION: Withdrawn of a Proposed rule. indicates that, if a permit is required by a superintendent in order for a person to SUMMARY: OSMRE is announcing the 36 CFR Parts I and 3 engage in a certain activity, failure to withdrawal of a proposed rulemaking obtain a permit prior to engaging in that for an amendment submitted by the Permit Requirements; Penalty State of Alabama to amend its Provisions activity constitutes a violation of the permanent regulatory program regulation by that individual. AGENCY: National Park Service, Interior. The original intent of the NPS was (hereinafter referred to as the Alabama ACTION: Proposed rile. program). The proposed amendment that such a provision was understood as being inherent in the fact that the concerned requirements for operations SUMMARY: This proposed rulemaking superintendent was authorized to extracting coal incidental to extraction clarifies the penalty provisions of the require a permit. However, in the period of other minerals (Sub-chapter 880-X-2E three general regulations used by the since the effective date of these of the Alabama Surface Mining National Park Service as basic regulations, questions raised by Commission regulations). The proposed authorities to issue and require permits members of the public, NPS employees amendment was withdrawal by the for members of the public to engage in State in a letter to OSMRE dated May 7, and some U.S. Magistrates have certain activities. These provisions were indicated that this intention was not 1986. inadvertently omitted when the and that clarifying text is regulations were originally promulgated clear DATE: This withdrawal is effective June necessary. in 1983. Experience since that time has 3, 1986. This rulemaking proposes to clarify FOR FURTHER INFORMATION CONTACT. shown that these clarifications are necessary in order to outline the NPS permit requirements by Mr. John T. Davis, Director, Birmingham consolidating all the general procedural Field Office, Office of Surface Mining mandatory aspects of permit systems established and used by park managers and regulatory provisions pertaining to Reclamation and Enforcement, 228 West NPS permit systms and authorities Valley Avenue, 3rd Floor, Homewood, to manage visitor use activities in park areas. This rulemaking is a clarification found in these three sections in section Alabama 35209; Telephone: (205) 731- 1.6 and deleting duplicative provisions 0890. only and does not impose new restrictions or requirements. from §§ 1.5 and 3.3. A provision SUPPLEMENTARY INFORMATION. On emphasizing the mandatory nature of December 30, 1085, Alabama submitted DATE: Written comments will be permit requirements has been added to a proposed amendment to its approved accepted until July 3, 1986. section 1.6. Clarifying text has also been regulatory program to modify ADDRESS: Comments should be added to § 1.6(e) that indicates that requirements for operations extracting addressed to: Associate Director, Park terms and conditions of a permit may coal incidental to extraction of other Operations, National Park Service, P.O. derive not only from the criteria minerals (Sub-chapter 880-X-2E of the Box 37127, Washington, DC 20013-7127. presently specified in that paragraph but Alabama Surface Mining Commission FOR FURTHER INFORMATION CONTACT. also from criteria and restrictions that rules). The proposed rules outlined the Andy Ringgold, National Park Service, exist in other regulations. information requirements necessary for Branch of Ranger Activities, P.O. Box These proposed changes do not add such extraction, and criteria to be used 37127, Washington, DC 20013-7127, new obligations or impose new by the Alabama Surface Mining Telephone: 202-343-1360. restrictions. The intent of this