1318 Federal Register / Vol 48, No. 8 / Wednesday, January 12, 1983 / Proposed Rules

(1) Southeasterly in a straight line to (18) Then west-southwesterly in SUMMARY: This notice proposes the the northeast corner of Section 9, T. 10 straight line to an unnamed light duty establishment of a viticultural area in N., R 10 W; road (known locally as Foreman Lane); portions of Humboldt and Trinity (2) Then southerly along the east line (19) Then westerly along the unnamed Counties, California, to be known as of Section 9 to the southeast corner light duty road, crossing West Dry Creek "Willow Creek." This petition was thereof; Road and passing Felta School, to the submitted by the Willow Creek (3) Then S.74 degrees, E. 2,800 feet in point of intersection with Felta Creek on Viticultural Area Committee under the a straight line to the northeasterly tip of the "Guerneville Quadrangle" map; signature of Mr. Dean Williams of a small lake; (20) Then southwesterly 18,000 feet Willow Creek Winery. (4) Then N. 57 degrees, E. 2,300 feet in along Felta Creek to the point lying at ATF believes the establishment of a straight line to the southeast corner of the intersection of three springs in T. 8 American viticultural areas and their Section 10, T. 10 N., R. 10 W; N., R. 10 W., approximately 300 feet east subsequent use as appellations of origin (5) Then S.16 degrees, E. 1,800 feet in from the word "Springs"; allows wineries to better designate the a straight line to the point on a peak (21) Then S. 58 degrees, W. 15,000 feet 'specific grape-growing areas where their identified as having an elevation of 664 in a straight line to the southwest corner wines come from and allows consumers feet; of Section 9, T. 8 N., R. 10 W; to better identify the wines they (6) Then S.55 degrees, E. 7,900 feet in a (22) Then northerly along the west line purchase. straight line to the most northerly point of Sections 9 and 4, T. 8 N., R. 10 W., DATE: Comments must be received on or on the northeasterly line of "Olive Hill" continuing along the west line of Section before February 11, 1983. cemetery lying on the easterly side of 33, T. 9 N., R. 10 W. to the northwest Canyon Road; ADDRESS: Comments should be corner thereof, addressed to: Chief, Regulations and (7) Then southeasterly along the (23) Then westerly along the south northeasterly line of "Olive Hill" Procedures Division, Bureau of Alcohol, line of Sections 29 and 30, T. 9 N., R. 10 Tobacco and Firearms, P.O. Box 385, cemetery to the most easterly point W. to the southwest corner of Section 30 thereon; Washington, DC 20044-0385 (Notice No. (8) Then S. 2 degrees, E. 3,100 feet in a on the "Cazadero Quadrangle" map; 446). (24) Then northerly along the south straight line to the point in the westerly FOR FURTHER INFORMATION CONTACT. fork of Wood Creek lying at the westerly line of Section 13, T. 9 N., R. 11 W. to the northwest corner of Section 19; Roger L Bowling, Research-and terminus of a dirt road; Regulations Branch, Bureau of Alcohol, (9) Then southerly 3,100 feet along the (25) Then westerly along the south Tobacco and Firearms, Washington, DC west fork or Wood Creek to the point line of Section 13, T. 9 N., R. 11 W. to the southwest corner thereof; 20266 (202) 566-7626. lying 400 feet north of the point on a SUPPLEMENTARY INFORMATION: peak identified as having an elevation of (26) Then southwesterly 14,200 feet in 781 feet; a straight line to the northeast corner of Background (10) Then southerly 400 feet in a Section 20, T. 9 N., R. 11 W; (27) Then westerly along the north line On August 23, 1978, ATF published straight line to the point on a peak Treasury Decision ATF-53 (43 FR 37672, identified as having an elevation of 781 of Section 20 to the northwest corner thereof; 54624) revising the wine regulations in feet; 27 CFR Part 4. These regulations allow (11) Then S. 50J degrees, E. 15,500 feet (28) Then northerly along the east line the establishment of definite viticultural in a straight line to the point lying at the of Sections 18, 7, and 6, T. 9 N., R. 11 W., areas, and allow the name of an intersection of Lytton Creek and the continuing along the east line of Sections 31, 30, 19, 18, 7, and 6, T. 10 N., approved viticultural area to be used as township line common to T. 9 N. and T. an appellation of origin on wine labels 10 N. in R. 9 W4" R. 11 W. to the point of intersection with (12) Then southerly along Lytton creek latitude line 38 degrees 45 minutes on and in wine advertising. to Lytton Springs Road in T. 9. N., R. 9 the "Warm Springs Dam Quadrangle" On October 2, 1979, ATF published W. on the "Jimtown Quadrangle" map; map; and Treasury Decision ATF-60 (44 FR 56692) (13) Then easterly along Lytton (29) Then easterly along latitude line adding a new Part 9 to 27 CFR for the Springs Road to the point of intersection 38 degrees 45 minutes to the point of listing of approved American viticultural with U.S. Highway 101 (a.k.a. Redwood beginning. areas. 27 CFR 9.11 defines an American Highway); Signed: December 6, 1982. (14) Then southerly along U.S. viticultural area as a delimited grape- W. T. Drake, growing region distinguishable by Highway 101 to the point of interesction Acting Director. with an unnamed light duty road geographical features. 27 CFR 4.25a(e)(2) (known locally as Chiquita Road) on the Approved: December 20, 1982. outlines the procedures for proposing an "Geyserville Quadrangle" map; David Q.Bates, American viticultural area. Any (15) Then easterly along the unnamed Deputy AssistantSecretary (Operations). interested person may petition ATF to light duty road to the point of establish a grape-growing region as a [FR Dec. 83-676 Filed 1-11-83 0:45 am] viticultural area. The petition should intersection with an unnamed heavy BILLING CODE 4810-31-M duty road (known locally as Healdsburg include: Avenue) on the "jimtown Quadrangle (a) Evidence that the name of the map"; 27 CFR Part 9 proposed area is locally and/or (16] Then southerly along the nationally known as referring to the unnamed heavy duty road through the [Notice No. 446] area specified in the petition. town of Healdsburg to the centerline of (b) Historical or current evidence that the Russian River on the "Healdsburg Willow Creek Viticultural Area the boundaries of the proposed area are Quadrangle" map; AGENCY: Bureau of Alcohol, Tobacco as delineated in the petition. (.7) Then southerly along the and Firearms (ATF), Treasury. (c) Evidence relating to the centerline of the Russian River to the ACTION: Notice of proposed rulemaking, geographical characteristics (climate, confluence of Dry Creek; soil, elevation, physical features, etc.), Federal Register / Vol 48, No. 8 / Wednesday, January 12, 1983 / Proposed Rules 1319 which distinguish the viticultural predominant varieties grown are miles inland from the Pacific Ocean. The features of the proposed area from the Cabernet, Riesling, Gewurztraminer, area surrounding the proposed area is surrounding areas. Chardonnay, Zinfandel, and Merlot. mountainous, at times rising sharply to (d) A description of the proposed Prior to 1976, .there was one winery in high elevations. The area is boundaries of the proposed viticultural Humboldt County. Due to the approximately 79 niles in length and 374 area, based on features found on United availability of locally grown grapes, miles at its widest point. The area States Geographical Survey (U.S.G.S.) there are now four wineries. Two of encompasses approximately 16 square maps of the largest applicable scale. these four wineries, Fieldbrook Winery miles, or slightly more than 10,000 acres. (e) A copy of the appropriate U.S.G.C. and Willow Creek Vineyards, use the maps with the proposed boundaries term "Willow Creek" in conjunction Proposed Boundaries prominently marked. with the varietal designation on labels The proposed boundaries are found Petition for Willow Creek of wines produced from this area. on a 15 minute series U.S.G.S. map Further, all of the growers in the area entitled "Willow Creek Quadrangle." The petition for the establishment of are members of the petition committee. The boundary begins at the point where the "Willow Creek" viticultural area Although the other two wineries did not Kirkham Creek crosses Highway 96; was filed by the Willow Creek sign the petition submitted for the then in a straight line east to the point Viticultural Area Committee. ATF establishment of this area, the petitioner where Coon Creek intersects the 800- believes the petition contains sufficient stated that they are not opposed to the foot contour line; then to the fork of evidence to warrant a notice proposing petition. Bremer Creek at the 700-foot contour the establishment of "Willow Creek" as Geographical Characteristics line; then in a straight line to where the a viticultural area. 1,500-foot contour line intersects the Evidence Relating to the Name The proposed area is influenced county lines; then along the 1,500-foot primarily by two major forces; the contour line to where it intersects the "Willow Creek" was first named in proximity to the Pacific Ocean, 31 miles 1851 unnamed branch of Sharber Creek in by miners and pack train drivers inland, and the warmer climate of the section 2, T.6.N./R.5E.; then in a straight traveling from towns along the coast to Sacramento Valley approximately 100 line southeasterly to where the 1,500- the interior valleys. The name was given miles eastward. These influences create foot contour line intersects the east to this area because of the heavy growth easterly winds keeping the Willow section line of section 12, T.6N./R.5E.; of willows at the confluence of the Creek area fairly cool in the summer, then in a southerly direction along the creek, now named Willow Creek, and while only infrequent freezes occur in section lines to where the 1,500-foot the Trinity River. Other miners in 1852 the winter. The average high and low named the area "China Flat" because of contour line intersects the east section temperatures are moderate at 82.85 line of section 24, T.5N./R.5E.; then in a the heavy Chinese influence in the area. degrees and 47.04 degrees during the straight line southwesterly to the 1,500- The name "China Flat" remained until growing months of April through 1912 when it was discovered that foot contour line intersecting the section October. These figures are based on line between sections 27, T.5N./R.5E, another area was called China Flat in data collected during the past five the mother lode area. The name then and section 28, T.5N./R.4E.; then in a growing seasons. straight line reverted to Willow Creek in honor of the One reference book, The Sunset New northwesterly to where the pack train drivers and miners. Western Garden Book, pp. 8-35, 1,500-foot contour line crosses China Presently, there is a town named compares the proposed area, Creek in section 5, T.6N./R.5E.; then in a "Willow Creek" located within the microclimatically, to other grape- straight line northwesterly to where proposed boundaries of the area. growing regions in California; St. Helena Boise Creek crosses Highway 299; then Further, the U.S.G.S. map on which the and Napa in Napa County; Healdsburg in a straight line to the fork of Kirkham boundaries are marked is entitled and Cloverdale in Sonoma County; and Creek; then along Kirkham Creek to the "Willow Creek Quadrangle." Hopland and Ukiah in Mendocino point of beginning. Historical and Current Evidence County. This reference also describes Public Participation the climate as being moderated by the The petition states that the Willow effect of marine air on inland areas ATF requests comments from all Creek area has long been known as a which makes for warmer winter and interested persons. Comments are small geographic agricultural area. This cooler summer temperatures. requested on whether the proposed area area is located approximately 31 miles The proposed area's heat degree days is viticulturally distinct from the inland from the Pacific Qcean at the average 3005.62, based on climatic data surrounding area, whether the proposed confluence of the Trinity River and the gathered during the last three years. boundary delineates a specific grape- south fork of the Trinity River. These heat units correspond to the top growing area, and whether the The main crops of the area are range of an Area II and the bottom range delineated area is historically and peaches, apples .and tomatoes, widely of an Area III. Rainfall, based on data currently known as "Willow Creek." sought after by Humboldt County gathered during the last 38 years, ATF also welcomes any additional data residents. In the 1920's, the Gambi averages 39.9 inches per year. and information concerning the family brought grape vines from Santa The soil composition of the proposed proposed area, particulqrly on Cruz, mostly muscats, and proceeded to area is primarily Quarternary terrace geographical features that distinguish make wine from these early vines. Other gravels, which provide excellent the area from surrounding areas. families in the area followed this drainage for the vineyards. The All comments received on or before example, and in the 1930's vineyards of the area are situated on the closing date will be carefully approximately 150 acres of peaches, plateaus and benches at elevations considered. Comments received after apples, and grapes were in production. varying from 461 feet to 1,500 feet. the closing date and too late for In 1974. the first commercial vineyard Generally, the proposed area is consideration will be treated as possible was planted. Today, there are five such situated in and around the confluence of suggestions for future action. vineyards comprising a total of the Trinity River and the South Fork of ATF will not recognize any material approximately 30 acres in grapes. The the Trinity River, approximately 31 as confidential. Comments may be 1320 Federal Register / Vol 48, No. 8 / Wednesday, January 12, 1983 / Proposed Rules disclosed to the public. Any material Drafting Information (5) Then in a southeasterly straight which the commenter considers to be The principal author of this document line to the point of intersection of the confidential or inappropriate for is Roger L. Bowling, Research and east section line of section 12, T.6N./ disclosure should not be included in the Regulations Branch. R.5E. and the 1,500-foot contour line; comment. The name of the person (6) Then in a southerly direction along submitting the comment is not exempt List of Subjects in 27 CFR Part 9 the~east section lines of sections 12 and from disclosure. Administrative practice and 13 to the point of intersection of the east Any person may request an procedure, Consumer protection, section line of section 24, T.5N./R.5E. opportunity to present oral testimony at Viticultural area, Wine. and the 1,500-foot contour line; a public hearing. However, the Director (7) Then in a straight west- reserves the right, in light of all Authority and Issuance southwesterly line to the point of circumstances, to determine if a public Accordingly, under the authority intersection of the east line of section 21, hearing is necessary. contained in section 5 of the Federal T.5N./R.4E., the north section line of Alcohol Administration Act, 49 Stat. 981, section 28, T.5N./R.4E., the north section Disclosure as amended; 27 U.S.C. 205, 27 C.F.R. Part line of section 27, T.5N./R.5E., and the Copies of the petition, the map, this 9 is proposed to be amended as follows: west section line of section 22, T.5N./ notice, and all comments are available R.5E.; PART 9-AMERICAN VITICULTURAL for public inspection during normal (8) Then in a straight northwesterly business hours at: Office of Public AREAS line to the point of intersection of China Affairs and Disclosure, Room 4405, Paragraph 1. The table of sections for Creek in the 1,500-foot contoui line in Federal Building, 12th and Pennsylvania Subpart C is amended to add § 9.85 to section 5, T.6N./R.4E.; Avenue, NW., Washington, DC. read as follows: (9) Then in a straight northwesterly line to the point of intersection of Boise Executive Order 12291 Subpart C-Approved American Viticultural Creek and Highway 299 in the southern Areas In compliance with Executive Order half of section 30, T.6N./R.4E.; 12291, ATF has determined that this Sec. (10) Then in a straight northerly line to notice of proposed rulemaking, if the fork of Kirkham Creek; and promulgated as a final rule, will not be a 9.85 Willow Creek. (11) Then along Kirkham Creek, "major rule" since it will not result in: Par. 2. Subpart C is amended to beginning in a southeasterly direction, to the point of beginning. (a) An annual effect on the economy add a new section, § 9.85 to read as of $100 million or more; follows: Signed: November 30, 1982. Stephen E. Higgins, (b) Major increases in costs or prices Subpart C-Approved American for consumers, individual industries, Acting Director. Viticultural Areas Federal, state, or local government Approved: December 16, 1982. agencies, or geographical regions; or David Q. Bates (c) Significant adverse effects on § 9.85 Willow Creek. Deputy Assistant Secretary(Operations). competition, employment, investment, (a) Name. The name of the viticultural [FR Doc. 83-675 Filed 1-11-83: 8:45 am] productivity, innovation, or on the BILLING CODE area described in this section 4810-31-M ability of United States-based is "Willow Creek." enterprises to compete with foreign- (b) Approved map. The map showing ENVIRONMENTAL PROTECTION based enterprises in domestic or export the boundary of the Willow Creek markets. viticultural area is: "Willow Creek AGENCY Regulatory Flexibility Act Quandrangle," California, U.S.G.S. 15 minute series (1952). 40 CFR Part 180 The provisions of the Regulatory (c) Boundaries.The Willow Creek [PP 2E2682/P262; PH-FRL 2282-1] Flexibility Act relating to an initial and viticultural area is located within final regulatory flexibility analysis (5 portions of Humboldt and Trinity Chlorpyrifos; Proposed Tolerance U.S.C. 603, 604) are not applicable to this Counties, California. From the point of proposal because the notice of proposed beginning where Kirkham Creek and the AGENCY: Environmental Protection rulemaking, if promulgated as a final undesignated highway (Highway 96) Agency (EPA). _ rule, will not have a significant intersect, the boundary line runs, in a ACTION: Proposed rule. economic impact on a substantial straight easterly line to: number of small entities. The proposal is (1) The point of intersection' of Coon SUMMARY: This notice proposes that a tolerance be established for the not expected to; have significant Creek and the 800-foot contour line; secondary or incidental effects on a (2) Then in a straight southerly line to combined residues of the insecticide substantial number of small entities; or the fork of Bremer Creek near the 700- chlorpyrifos and its metabolite in or on impose, or otherwise cause, a significant foot contour line; the raw agricultural commodity increase in the reporting, recordkeeping, .(3) Then in a south-southwesterly cranberries. The proposed regulation to or other compliance burdens on a straight line to the point of intersection establish a maximum permissible level substantial number of small entities. of the Humboldt-Trinity County line and for residues of the insecticide in or on Accordingly, it is certified under the the 1,500-foot contour line;- the commodity was submitted, pursuant provisions of 5 U.S.C. 604(b) of the (4) Then following the 1,500-foot to a petition, by the Interregional Regulatory Flexibility Act that this contour line, beginning in a Research Project No. 4 (IR-4). notice of proposed rulemaking, if southeasterly direction, to the point DATE: Comments must be received on or promulgated as a final rule, will not where the 1,500-foot contour line before February 11, 1983. have a significant economic impact on a intersects with the unnamed branch of ADDRESS: Written comments to: substantial number of small entities. Sharber Creek in section 2, T.6N./R.5E.; Emergency Response Section, Process