Federal Register / Vol. 47, No. 227 / Wednesday, November 24, 1982 / Proposed Rules 53051

(14) Then north following the DC 20044-0385. Attention: Notice No. The Yakima Valley Appellation boundary of the Las Cruces Land Grant 436. Committee is an association formed of to the southeast corner of Section 26, T. Copies of the petition, the proposed Yakima Valley grapegrowers and 6N., R. 32 W. regulation, the appropriate maps, and Yakima Valley and Washington State (15) Then west following the southern written comments will be available for wineries. Their petition is based on the boundaries of Sections 26, 27, 28, and 29 public inspection during normal following evidence. to the intersection with the northern business hours at the ATF Reading Name. The name Yakima Valley is boundary of the San Julian Land Grant Room, Room 4405, Federal Building, 12th well established. Yakima is the name of at the southwestern corner of Section 29, and Pennsylvania Avenue, NW, the Yakima Nation, a loose confederacy 6 T. N., R. 32 W. Washington, DC. of Indian tribes which once controlled (16) Then northwest a following the FOR FURTHER INFORMATION CONTACT: vast portion of eastern Washington. This boundary of the San Julian Land Grant Charles N. Bacon, Research and name was given to the city, valley and to its intersection with the 120o22'30' Regulations Branch, Bureau of Alcohol, river. Yakima Valley is also the name on longitude line. Tobacco and Firearms, Washington, DC U.S.G.S. maps designating the valley (17) Then northwest in a straight line 20226. Telephone: 202-566-7626. surrounding the Yakima River. for approximately 3.2 miles to the point SUPPLEMENTARY INFORMATION: Although Yakima Valley has only were Santa Rosa Road intersects recently become recognized as a wine Salsipuedes .Creek. Background producing region, it has been known as (18) Then following Salsipuedes Creek Title 27, CFR, Part 4 provides for the an important agricultaral region since downstream to the point of confluence establishment of definite viticultural the early 1900's when river water with the Santa Ynez River. was areas. These regulations also provide for first used to irrigate (19) Then northeast in a straight line the valley. Yakima the name of an approved viticultural Valley has achieved special fame for for approximately 1.4 miles to an area to be used as an appellation of unnamed hill, elevation 597 feet. apples, soft fruits and hops. The origin on wine labels and in wine petitioner submitted numerous (20) Then northeast in a straight line advertisements. Sections 9.11 and for newspaper articles and other literature approximately 1.7 miles to the point 4.25a(e)(1), of Title 27, CFR, define an of beginning. which use the term Yakima Valley to American viticultural area as a describe the proposed area, especially Signed: October 14, 1982. delimited grape-growing region as a grape-growing region. Stephen E. Higgins, distinguishable by geographical Historyof viticulture. Island Belle Acting Director. features. Section 4.25a(e)(2) outlines the grapes were first introduced into the procedures Approved: November 10, 1982. for proposing an American Yakima Valley after irrigation began in viticultural area. David Q. Bates, Any interested person 1906. Later, Concord grapes became the may petition ATF to establish a grape- Deputy AssistantSecretary (Operations). dominant grape throughout Washington growing region as a viticultural area. State. Concord grapes were not, [FRDoc. 8--32172 Filed 11-23-824 8:45 am] The petition should include: BILUNG CODE 4810-31-M however, made into wine but were (a) Evidence that the name of the processed at grape juice plants including proposed viticultural area is locally plants at Grandview and Prosser in the and/or nationally known as referring 27 CFR Part 9 to Yakima Valley, and at Yakima. the area specified in the petition; After repeal of Prohibition, William [Notice No. 436] (b) Historical or current evidence that Bridgman, a Sunnyside the boundaries of the viticultural area farmer and grapegrower, Yakima Valley Viticultural Area are as specified in the petition; studies the Yakima Valley and found it better suited for wine AGENCY: Bureau of Alcohol, Tobacco (c) Evidence relating to the geographical characteristics (climate, growing than central France. He and Firearms (ATF), Treasury. imported Vinifera grapes and ACTION: Notice of proposed rulemaking. soil, elevation, physical features, etc.), which distinguish the viticultural established a winery and vineyard at SUMMARY: The Bureau of Alcohol, features of the proposed area from Sunnyside which included such varieties Tobacco and Firearms is considering the surrounding areas; as Johannisberg Riesling and Cabernet' establishment of an American (d) A description of the specific By 1937 Washington State could count viticultural area in the State of boundaries of the viticultural area, 42 wineries, the largest of which was in Washington known as "Yakima Valley." based on features which can be found the Yakima Valley. Nevertheless, This proposal is the result of a petition on United States Geological Survey Concord grapes continued to dominate from the Yakima Valley Appellation (U.S.G.S.) maps of the largest applicable in Yakima Valley, and few local wines Committee, an association of Yakima scale; and of distinction were produced. Many Valley grapegrowers and Washington (e) A copy of the appropriate grapes were shipped out of state for processing, State wineries. The establishment of the U.S.G.S. maps with the boundaries and Washington State Yakima Valley viticultural area will prominently marked. wineries did not concentrate on producing premium varietal wines. allow wineries to designate the specific Petition grape-growing area where their wines In the 1950's, Dr. Lloyd Woodburne, a ATF originate, and will better enable has been petitioned by the professor at the University of Yakima consumers to identify the wines they Valley Appellation Committee Washington in Seattle, began to produce purchase. to establish the first viticultural area in home wines made from Washington the State of Washington. The proposed State grapes. Other members of the DATE: Written comments must be area, located in south central University faculty joined him and in received by January 10, 1983. Washington, is a valley centered around 1961 they incorporated and planted five ADDRESS: Send written comments to: the Yakima River, containing- acres of Pinot Noir and other Vinifera Chief, Regulations and Procedures approximately 1040 square miles. The grapes at Sunnyside adjacent to Division, Bureau of Alcohol, Tobacco Yakima Valley is nearly 75 miles long Bridgman's vineyard. Their group and Firearms, P.O. Box 385, Washington, and is 22 miles wide at its widest point. eventually became Associated 53052 Federal Register / Vol. 47, No. 227 / Wednesday, November 24, 1982 / Proposed Rules

Vineyards which released their first surrounding areas. In general, the The boundary follows the crest of the wines to the public in 1968. With mountains to the west experience Ahtanum Ridge and the Rattlesnake demand for their Yakima Valley wines significantly cooler temperatures while Hills on the north, crosses the top of growing, they planted 20 more acres at Yakima Valley is not as warm as areas Rattlesnake Mountain, Red Mountain, Sunfhyside, including Cabernet, Pinot to the north and east. and Badger Mountain on the east, and Noir, Riesling, Gewurztraminer, Within Yakima Valley, the climate follows the 1,000 foot contour line of the Semillon, and Chardonnay. * averages Region II on the scale Horse Heaven Hills and the crest of the During the 1970's, additional acreage developed by Winkler and Amerine of Toppenish Ridge on the south. The of Vinifera grapes were planted the University of California to measure western boundary is conposed on the throughout Yakima Valley. Today there degree days. Eight stations average 2641 lower foothills of the Cascade are approximately 23,400 acres of grapes degree days with individual readings of Mountains. Specific boundaries are grown in the valley. This acreage 2207 at Toppenish, 2436 at Prosser, 2665 proposed in the regulatory language set includes approximately 3,500 acres of at Sunnyside, and the highest reading, forth below. Vinifera varieties, with the remainder 3048 degree days at Wapato. being Concord, White Diamond, and The mountain areas to the west of Public Participation Island Belle. Grapes are now planted in Yakima Valley experience a much ATF requests comments all interested nearly every location in the valley cooler climate; Rimrock Dam averages persons concerning the proposed. where irrigation is available, although 1150 degree days, Goldendale 1779, and viticultural area. All comments received the majority of the Vinifera grapes are Status Pass 1334 degree days. These before the closing date will be carefully planted on the south facing slopes of the mountainous areas are classified as considered. Comments received after Rattlesnake Hills, Red Mountain, Snipes Region I. Mountain, Ahtanum Ridge, and on the The climate north following the the closing date and too late for steeper north banks of the Yakima Yakima River is slightly cooler than in consideration will be treated as possible River. There are also six bonded the Yakima Valley. Ellensburg suggestions for future ATF action. wineries in the Yakima Valley and the experiences 1932 degree days, Yakima ATF will not recognize any material in term Yakima Valley has been used since 2314, Naches Heights 2330, and Moxie comments as confidential. Comments 1967 by no less than six Washington 2574 degree days. may be discloged to the public. Any State wineries as an appellation of In contrast to these cooler areas, the material which the respondent considers origin for wines made from Yakima climate northeast, east and southeast of to be confidential or inappropriate for Valley grapes. Yakima Valley is significantly hotter, disclosure to the public should not be Topography. Yakima Valley is clearly and may be characterized as Region III. included in the comment. The name of distinguished from surrounding areas by Individual degree day readings include any person' submitting conments is not its topography. 3231 at Hanford, 3720 at Priest Rapids exempt from disclosure. Eastern Washington is characterized Dam, 3890 at Richland, 3094 at Any interested person who desires an by a series of east to west basaltic Kennewick, and 3201 at McNary Dam. opportunity to comment orally at a uplifts which occurred millions of years Thus the unique climate of Yakima public hearing on this proposed ago, and which created a number of Valley differentiates it from surrounding viticultural area should submit his or her large and small valleys with distinct areas. request, in writing, to the Director within north/south boundaries and slopes. Rainfall in Yakima Valley is sparse. the 45-day comment period. The The Yakima Valley is one of these Eight reporting stations within the Director reserves the right to determine valleys bounded on the north and south proposed area average only 8.11 inches whether a public hearing should be held. by four basaltic uplifts. Ahtanum Ridge of precipitation per year with a range of and the Rattlesnake Hills comprise the 5.88 inches at Toppenish to 12.41 inches Regulatory Flexibility Act northern boundary separating the *atFort Simcoe. The man average The provisions of the Regulatory Yakima Valley from Ahtanum Valley growing season (28 degree base] for four and Moxie Valley. The Toppenish Ridge Flexibility Act relating to an initial and stations in Yakima Valley is 190 days, final regulatory flexibility analysis (5 and Horse Heaven Hills form the ranging from 184 days at White Swan to southern boundary. Yakima Valley's 196 days at Benton City. U.S.C. 603, 604) are not applicable to this eastern boundary is formed by Soils. There are at least 13 different proposal because this proposed rule, if Rattlesnake Mountain, Red Mountain soil associations within the proposed issued as a final rule, will not have a and Badger Mountain, all of which serve viticultural area; however, most significant economic impact on a to separate it from the Columbia Basin. vineyards are planted in just two substantial number of small entities. The foothills of the Cascade Mountain associations. The Warden-Shano This rule, if adopted, will allow the Range define the western boundary. Association is found on the slopes of the petitioner and other persons to use an The western portion of the Yakima valley. These soils are silt-loam appellation of origin, "Yakima Valley" Valley Is a vast expanse of flat land, throughout and are deep to moderately on wine labels and in wine advertising. while the eastern portion is composed of deep over basalt bedrock. The Adoption of this proposed rule will not gently sloping land north of the Yakima Scootenay-Starbuck Association is ,result in any ecohomic or administrative River. The valley itself is drained by the found predominately along the Yakima costs to the public but will grant to the Yakima River which enters the valley on River. These soils are silt-loam, and are petitioner or other persons an intangible the north at Union Gap, and flows in a shallow to very deep over gravel or economic benefit. This proposal is not southeasterly direction exiting the basalt bedrock, being formed in old expected to have significant secondary valley at a gap between Rattlesnake alluviums. or incidental effects on a substantial Mountain and Red Mountain. Boundaries.The boundaries of the number of small entities, or impose, or Climate:The climate of Yakima Yakima Valley viticultural area are the otherwise cause a significant increase in Valley easily distinguishes it from mountain ranges surrounding the valley. the reporting, recordkeeping, or other 53053 Federal Register / Vol. 47, No. 227 / Wednesday, November 24, 1982 J Proposed Rules I compliance burdens on a substantial two U.S.G.S. maps. They are entitled: DEPARTMENT OF THE INTERIOR number of small entities. (1) "Walla Walla, Washington," Office of Surface Mining Reclamation Accordingly, it is hereby certified scaled 1:250,000, edition of 1953, limited and Enforcement under the provisibns of section 3 of the revision 1963; and Regulatory Flexibility Act (5 U.S.C. (2) "Yakima, Washington," scaled 30 CFR Part 915 605(b)), that this proposed rule if issued 1:250,000, edition of 1958, revised 1971. as a final rule, will not have a significant (c) Boundaries.The Yakima Valley Cancellation of Public Hearing on economic impact on a substantial. viticultural area is located in Benton and Modified Portions of the Iowa number of small entities. Yakima Counties, Washington. The Permanent Regulatory Program beginning point is found on the Compliance With Executive Order 12291 "Yakima, Washington," U.S.G.S. map at AGENCY: Office of Surface Mining It has been determined that this the Wapato Dam located on the Yakima Reclamation and Enforcement (OSM), proposed rule is not a "major rule" River. Interior. within the meaning of Executive Order (1) Then east following the crest of the ACTION: Cancellation of public hearing. 12291 of February 17, 1781, because it Rattlesnake Hills across Elephant will not have an annual effect on the Mountain, Zillah Peak, High Top SUMMARY: OSM is announcing the economy of 100 million dollars or more; (elevation 3031 feet), and an unnamed cancellation of a public hearing on the it will Doi result in a major increase in mountain (elevation 3629 feet) to the adquacy of proposed amendments to the cost or prices for consumers, individual Bennett Ranch; Iowa permanent regulatory program industries, Federal, State, or local under the Surface Mining Control and (2) Then due east approximately 0.2 Reclamation Act of 1977. This notice government agencies, or geographical mile to the boundary of the Hanford regions: and it will noLhave significant cancels the public hearing but does not Atomic Energy Commission Works; adverse effects on competition, alter the time and location at which the employment, investment, productivity, (3) Then southeast following the Iowa program and proposed innovation, or on the ability of United boundary of the Hanford AEC Works amendments are available for public States-based enterprises to compete along the Rattlesnake Hills to the inspection, or the comment period with foreign-based enterprises in Yakima River; during which interested persons may domestic or export markets. (4) Then southeast across the top of submit written comments on the proposed program amendments. List of Subjects in 27 CFR Part 9 Red Mountain to the peak of Badger Mountain; DATE: The following hearing is Administrative practices and (5) Then due south for approximately cancelled: The public hearing on the procedures, Consumer-protection, 4.9 miles to the 1000 foot contour line proposed amendments to the Iowa Vitidultural areas, Viine. immediately south of the Burlington program scheduled for November 30, Drafting Information Northern Railroad (indicated-on map as 1982, at 5:00 p.m. The principal author of this document the Northern Pacific Railroad); ADDRESS: Written comments should be is Charles N. Bacon, Research and (6) Then west following the 1000 foot mailed or hand-delivered to: Richard Regulations Branch, Bureau of Alcohol, contour line to its intersection with US Reike, Field Office Director, Missouri Tobacco and Firearms. Highway 97 immediately west of Field Office, Office of Surface Mining, Hembre Mountain; Scarritt Building, 818 Grand Avenue, Authority and Issuance (7) Then west following the Toppenish Kansas City, Missouri 64106. Accordingly, under the authority Ridge, across an unnamed mountain FOR FURTHER INFORMATION CONTACT: contained in 27 U.S.C. 205, the Director (elevation 2172 feet], an unnamed Richard Rieke, Field Office Director, proposes the amendment of 27 CFR Part mountain (elevation 2363 feet), to the Missouri Field Office, Office of Surface 9 as follows: peak of Toppenish Mountain (elevation Mining, Scarritt Building, 818 Grand 3609 feet); Avenue, Kansas City, Missouri 64106, PART 9-AMERICAN VITICULTURAL ina Telephone: (816) 374-3920. AREAS (8) Then northwest straight line for approximately 9.3 miles to the SUPPLEMENTARY INFORMATION: On Paragraph 1. The table of sections in lookout tower at Fort Simcoe Historical November 3, 1982, notice of opportunity 27 CFR Part 9 is amended by adding State Park; for a public hearing on the proposed § 9.69. As amended, the table of sections (9) Then north in a straight line for amendments to the Iowa program was reads as follows: published in the Federal Register (47 FR approximately 11.7 miles to an unnamed 49868). The notice stated that any peak, (elevation 3372 feet); and Subpart C-Approved American person interested in making an oral or Viticultural Areas137***** (10) Then east following Ahtanum written presentation at the hearing Ridge, crossing unnamed peaks of 2037 should contact Richard Rieke by Sec. feet elevation, 2511 feet elevation, 2141 November 18, 1982, and that if no person 9.69 Yakima Valley. feet elevation, to the Wapato Dam at the contacted Mr. Rieke to express an point of beginning. interest in participating in the hearing Paragraph 2. Subpart C is amended by by the above date, the hearing would be adding § 9.69 which reads as follows: 'Signed: October 25, 1982. W. T. Drake, cancelled. Because no one expressed an §9.69 Yakima Valley. interest in attending the hearing, the Acting Director. hearing has been cancelled. (a) Name. The name of the viticultural Approved: November 18, 1982. area described in this section is While there is no public hearing, "Yakima Valley." David Q.Bates, interested persons may still submit (b) Approved Maps. The approved DeputyAssistantSecretary (Operations). written comments on the proposed maps for determining the boundaries of [FR Doe.82-32173 Filed 11-23-62; 8:45 am) amendments. Written comments must the Yakima Valley viticultural area are BILLING CODE 4810-31-M be received on or before 4:00 p.m. on