16576 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations

Authority: 26 U.S.C. 7805 * * *. establishment of definite American bonded wineries within the proposed Par. 2. Section 18.0 is revised to read viticultural areas. The regulations also area, and approximately 2,000 acres are as follows: allow the name of an approved planted to wine grapes. The petitioner viticultural area to be used as an notes ‘‘the area’s great history and § 18.0 Effective date of temporary appellation of origin in the labeling and heritage of wine growing and regulations under the Subchapter S advertising of wine. winemaking is truly more impressive Revision Act of 1982. On October 2, 1979, ATF published than the number of acres currently The temporary regulations provided Treasury Decision ATF–60 (44 FR farmed.’’ under §§ 18.1361–1, 18.1377–1, 56692) which added a new part 9 to 27 The petition was also signed by Philo 18.1379–1, and 18.1379–2 are effective CFR, providing for the listing of Biane of Rancho de Philo Winery, Rene´ with respect to taxable years beginning approved American viticultural areas. Biane of Guasti Plaza, Don Galleano of after 1982, and the temporary Section 4.25a(e)(1), Title 27, CFR, Galleano Winery, Paul Hofer III of Hofer regulations provided under § 18.1378–1 defines an American viticultural area as Ranch, LeAnn Smothers of the City of are effective with respect to elections a delimited grape-growing region Rancho Cucamonga, and Jeff Wilson, of made after October 19, 1982. distinguishable by geographical Inland Empire West Resource Cynthia E. Grigsby, features, the boundaries of which have Conservation District. been delineated in subpart C of part 9. Chief, Regulations Unit, Assistant Chief Notice of Proposed Rulemaking Counsel (Corporate). Section 4.25a(e)(2) outlines the [FR Doc. 95–7970 Filed 3–30–95; 8:45 am] procedure for proposing an American In response to Mr. Filippi’s petition, BILLING CODE 4830±01±P viticultural area. Any interested person ATF published a notice of proposed may petition ATF to establish a grape- rulemaking, Notice No. 802, in the growing region as a viticultural area. Federal Register on December 2, 1994 Bureau of Alcohol, Tobacco and The petition should include: (59 FR 61853), proposing the Firearms (a) Evidence that the name of the establishment of the Cucamonga Valley proposed viticultural area is locally viticultural area. The notice requested 27 CFR Part 9 and/or nationally known as referring to comments from all interested persons by [TD ATF±362; Re: Notice No. 802] the area specified in the petition; January 31, 1995. (b) Historical or current evidence that RIN 1512±AA07 the boundaries of the viticultural area Comments on Notice of Proposed are as specified in the petition; Rulemaking Cucamonga Valley Viticultural Area (c) Evidence relating to the ATF received 15 letters of comment (94F±011P) geographical features (climate, soil, and copies of several newspaper articles AGENCY: Bureau of Alcohol, Tobacco elevation, physical features, etc.) which and a newspaper editorial concerning and Firearms (ATF), Department of the distinguish the viticultural features of the proposal to establish the Cucamonga Treasury. the proposed area from surrounding Valley viticultural area. All commenters areas; expressed their support for establishing ACTION: Final rule, Treasury decision. (d) A description of the specific the Cucamonga Valley viticultural area SUMMARY: This final rule establishes a boundaries of the viticultural area, as proposed in Notice No. 802. viticultural area in San Bernardino and based on features which can be found Commenters included growers and Riverside Counties, California, to be on United States Geological Survey other local business owners, consumers, known as ‘‘Cucamonga Valley.’’ The (U.S.G.S.) maps of the largest applicable and government officials. petition was filed by Gino L. Filippi of scale; and The Honorable James L. Brulte, State J. Filippi Vintage Co. on behalf of (e) A copy of the appropriate U.S.G.S. Assembly Republican Leader, wrote to himself and other growers and wineries map(s) with the boundaries prominently support recognition of Cucamonga in the area. marked. Valley as a viticultural area. The ATF believes that the establishment of Petition Honorable Fred Aguiar, State viticultural areas and the subsequent Assemblyman for the Sixty-first ATF received a petition from Gino L. use of viticultural area names as assembly district, endorsed the Filippi of J. Filippi Vintage Co. appellations of origin in wine labeling establishment of Cucamonga Valley proposing to establish a viticultural area and advertising allows wineries to viticultural area and wrote further: in San Bernardino and Riverside designate the specific areas where the Counties, California, to be known as Our region has a long and distinguished grapes used to make the wine were ‘‘Cucamonga Valley.’’ The viticultural history in the winegrowing industry and it is grown and enables consumers to better highly appropriate that this area be area is located in southern California, identify the wines they purchase. recognized for such a distinction. about 45 miles east of the city of Los EFFECTIVE DATE: May 1, 1995. Angeles. It contains approximately The San Bernardino County Board of FOR FURTHER INFORMATION CONTACT: 109,400 acres. The petitioner states that Supervisors adopted a resolution which Marjorie D. Ruhf, Wine, Beer and Spirits wine grapes, probably the mission read, in part, as follows: Regulations Branch, Bureau of Alcohol, variety, were first planted in the ** * RESOLVED that the Board of Tobacco and Firearms, 650 Cucamonga Valley in 1839 or 1840, Supervisors of the County of San Bernardino, Massachusetts Avenue, NW., ‘‘undoubtedly one of the first large State of California, hereby recognizes the Washington, DC 20226 (202–927–8230). plantings of grapes in California.’’ efforts of the local wineries and supports the designation of ‘‘CUCAMONGA VALLEY’’ in SUPPLEMENTARY INFORMATION: According to the petitioner the wine industry in the Cucamonga Valley grew advertising and on the labels of wines produced in this vicinity. Background during the late nineteenth and early On August 23, 1978, ATF published twentieth centuries, reaching ‘‘its peak The Honorable William J. Alexander, Treasury Decision ATF–53 (43 FR in the 1940’s and 1950’s with over 60 Mayor of Rancho Cucamonga, wrote: 37672, 54624) revising regulations in 27 wineries producing from approximately I would like to express our support in CFR part 4. These regulations allow the 35,000 acres.’’ Today, there are five establishing the Cucamonga Valley as a Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16577 viticulture area. The City of Rancho Historical Commission discussed The viticultural area includes the area Cucamonga takes great pride in the fact that designation of the Galleano Winery as a described above and the valley drained the grape vineyards and the wineries of our landmark. The letter makes several by the Cucamonga Creek to the south of area contributed so much to the early history references to the Cucamonga Valley, this alluvial fan. These areas share of the region. For this reason, a grape cluster characteristics of topography, soil has a prominent focus in both the City’s seal mentioning locations within the and logo. proposed area such as Rancho composition and climate which Cucamonga, Fontana, Ontario and Mira distinguish the viticultural area from the Allyn B. Scheu of Scheu Loma. surrounding areas. The petitioner Manufacturing Company wrote that the provided the following evidence of the designation ‘‘will help consumers to Evidence of Boundaries area’s distinctiveness: identify the origins of the wines they As evidence that the boundaries for Topography buy and will recognize the Cucamonga the area are as specified in the petition, area’s rich heritage of wine production.’’ the previously cited excerpt from The The U.S.G.S. topographic maps Charles L. Keagle, a restauranteur, also Wines of America, by Leon D. Adams, submitted by the petitioner show the supported the designation and wrote states that the vineyard area of the viticultural area slopes gradually from that ‘‘the history of the area, America’s Cucamonga Valley ‘‘extends from 2,000 feet at the northern boundary to first, goes back over 100 years.’’ Ontario east to Fontana and from the 560 feet at the southern boundary. The Columnist Garry Greenberg of the base of the San Gabriel Mountains petitioner describes the San Gabriel Victorville, California Daily Press, sent southward to the Jurupa Hills in mountains to the north of the proposed in a copy of his September 15, 1994 Riverside County.’’ The San Gabriel area as ‘‘a great wall, from 8,000 to column which reported on the filing of Mountains form the northern boundary 10,000 feet high.’’ The Jurupa the petition, and described the of the proposed area, and the Jurupa Mountains to the southeast of the area Cucamonga Valley area as ‘‘the home of Hills form the eastern part of the offer another contrast as they rise the largest winemaking industry in the southern boundary. The towns of steeply from the valley floor to form part world a century ago.’’ Mr. Greenberg Fontana and Ontario are both within the of the southern boundary. The balance also sent in the text of a column which area. of the southern boundary, the 560 foot he planned to publish in January 1995, ′ contour line, was chosen because the encouraging readers to write in support The petitioner used the 560 elevation area at lower elevations was poorly of the proposed area. line as the western portion of the drained and was traditionally used for The petitioner mailed in a clipping of southern boundary. He states the area dairy farming; furthermore, the nearby an editorial from the Inland Valley Daily south of that elevation has poor Prado Dam is scheduled to be raised, so Bulletin of December 30, 1994, which drainage and is mainly used for dairy the area to the south of the 560 foot concluded: farming. contour line will be flooded. In support of Euclid Avenue as the There are 122 viticultural regions in the Soil United States, and 69 of them are in western boundary for the viticultural California. The next one should be in area, the petitioner gave historical According to the petitioner, the soil in California also, in the ‘‘Cucamonga Valley.’’ information. He stated that the area west the viticultural area is ‘‘alluvial valley of Euclid Avenue ‘‘was subjected to floors, fans and terraces * * * derived Evidence of Name flooding from the San Antonio Canyon. from granitic rock from the San Gabriel Evidence that the name Cucamonga In the 1940’s several flood control formation in the north.’’ He further Valley is locally and/or nationally construction projects began to solve the states that the wine grape vineyards in known as referring to the viticultural problem. Historically, agriculture in this the region are ‘‘found to be located on area includes: area (Upland, CA) was citrus (lemons Delhi, Hanford, Tujunga, Gorgonio and (a) Leon D. Adams, in The Wines of and oranges).’’ He stated that citrus trees Hilmar soil series’’ and ‘‘most vineyards America, describes the Cucamonga were grown there because there was a are nearly level to moderately sloping Valley as follows: good water source and better drainage (0–15°).’’ The Cucamonga Valley, forty-five miles than within the viticultural area to the The General Soil Map for east of Los Angeles, has grown the bulk of east of Euclid Avenue. southwestern San Bernardino County Southern California wine during the present The eastern boundary, made up of describes these associations as very century. The vineyard area extends from Lytle Creek Wash, Warm River, and the deep, ‘‘dominantly brownish soils that Ontario east to Fontana and from the base of Santa Ana River, marks a shift in the are coarse textured throughout’’ and the San Gabriel Mountains southward to the type of soil and the ability of the soils ‘‘somewhat excessively drained to Jurupa Hills in Riverside County. The excessively drained.’’ On this map, the climate, though tempered by winds from the to drain. These characteristics will be discussed in detail in the background eastern boundary in particular is ocean, is as warm as the northern San distinguished by a change in the soil Joaquin Valley and is classed as Region IV. material on soils. composition to the Hanford-Greenfield- (b) An article published in The Sun, Geographical Features San Emigdio association, finer textured a San Bernardino, California, and less well drained than the soils newspaper, on March 30, 1994, titled The petitioner describes the viticultural area as follows: within the proposed area. The ‘‘Fontana winery soaks up more mountainous areas to the north and awards,’’ described awards won by two Cucamonga Valley is an east-west oriented southeast of the viticultural area have wines from J. Filippi Vintage Co. at a valley. The San Gabriel mountains form the shallower soils over granite, schist and valley’s northern boundary. The San Antonio recent competition and stated that the sandstone. ‘‘Ruby Port is produced from Creek, Cucamonga Creek, Deer Creek, Day Creek, San Sevaine Creeks, from west to east Climate Cucamonga Valley grapes, renown for respectively, spread out to form alluvial fans sherry and port wines.’’ as they descend the foothills and emerge in The petitioner states that the climate (c) A letter dated August 20, 1991, the Cucamonga Plain. These fans contain in the area is ‘‘well-suited for viticulture from the San Bernardino County sand and silt deposits that create a rich ** *. There are relatively few nights Archives to the Riverside County mixture of fertile soil. below freezing in the winter and 16578 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations summer days can be very hot, reaching requirements are imposed. Accordingly, (10) ‘‘Corona North, Calif.,’’ 1967, temperatures over 100 degrees a regulatory flexibility analysis is not photorevised 1981. Fahrenheit.’’ The climate is classed as required. (c) Boundary. The Cucamonga Valley Region IV, with a heat summation in the viticultural area is located in San Paperwork Reduction Act 3,501 to 4,000 degree F. range. The Bernardino and Riverside Counties, petitioner states this corresponds to the The provisions of the Paperwork California. The boundary is as follows: Ukiah, Davis and Lodi areas of Reduction Act of 1980, Public Law 96– (1) The beginning point is the California, and is warmer than the Santa 511, 44 U.S.C. Chapter 35, and its intersection of Euclid Avenue and 24th Barbara, Santa Rosa and Santa Maria implementing regulations, 5 CFR part Street on the Mt. Baldy, Calif. U.S.G.S. areas to the north and the Temecula and 1320, do not apply to this final rule map; Rancho California areas to the south. because no requirement to collect (2) From the beginning point, the information is imposed. boundary follows 24th Street east for Boundary Drafting Information approximately 0.3 mile, until it reaches The boundary of the Cucamonga the intersection of 24th Street with two Valley viticultural area may be found on The principal author of this document unnamed light-duty streets to the north; ten United States Geological Survey is Marjorie D. Ruhf, Wine, Beer and (3) The boundary then diverges from (U.S.G.S.) maps with a scale of 1:24000. Spirits Regulations Branch, Bureau of 24th Street and goes straight north for The boundary is described in § 9.150. Alcohol, Tobacco and Firearms. approximately 0.3 mile, until it reaches List of Subjects in 27 CFR Part 9 the 2,000 foot contour line; Miscellaneous (4) The boundary then follows the ATF does not wish to give the Administrative practices and 2,000 foot contour line in a generally impression by approving the procedures, Consumer protection, easterly direction across the Cucamonga Cucamonga Valley viticultural area that Viticultural areas, and Wine. Peak, Calif., U.S.G.S. map and onto the it is approving or endorsing the quality Authority and Issuance Devore, Calif., U.S.G.S. map until it of wine from this area. ATF is approving Title 27, Code of Federal Regulations, reaches Lytle Creek Wash; this area as being distinct from part 9, American Viticultural Areas, is (5) The boundary follows the surrounding areas, not better than other amended as follows: intermittent stream in Lytle Creek Wash areas. By approving this area, ATF will in a southeasterly direction to the end allow wine producers to claim a PART 9ÐAMERICAN VITICULTURAL of the intermittent stream on the Devore, distinction on labels and advertisements AREAS Calif., U.S.G.S. map; as to origin of the grapes. Any (6) The boundary then continues commercial advantage gained can only Paragraph 1. The authority citation through Lytle Creek Wash, proceeding come from consumer acceptance of for part 9 continues to read as follows: southeast in a straight line from the end wines from Cucamonga Valley. Authority: 27 U.S.C. 205. of the intermittent stream, across the southwest corner of the San Bernardino Executive Order 12866 Par. 2. Subpart C is amended by adding § 9.150 to read as follows: North, Calif., U.S.G.S. map and onto the It has been determined that this rule San Bernardino, South, Calif., U.S.G.S. is not a significant regulatory action Subpart CÐApproved American map, to the northernmost point of the because: Viticultural Areas flood control basin at the end of the (1) It will not have an annual effect on Lytle Creek Wash, a distance of the economy of $100 million or more or * * * * * approximately 4.3 miles; adversely affect in a material way the § 9.150 Cucamonga Valley. (7) The boundary then proceeds in a economy, a sector of the economy, straight line south-southeast across the (a) Name. The name of the viticultural productivity, competition, jobs, the flood control basin to the point where area described in this section is environment, public health or safety, or Lytle Creek Channel exits the basin; ‘‘Cucamonga Valley.’’ (8) The boundary continues along State, local or tribal governments or (b) Approved maps. The appropriate Lytle Creek Channel until it empties communities; maps for determining the boundary of (2) Create a serious inconsistency or into Warm Creek; the Cucamonga Valley viticultural area otherwise interfere with an action taken (9) The boundary then follows Warm are the following ten U.S.G.S. or planned by another agency; Creek until it meets the Santa Ana topographical maps (7.5 minute series (3) Materially alter the budgetary River; 1:24000 scale): (10) The boundary then follows the impact of entitlements, grants, user fees (1) ‘‘Mt. Baldy, Calif.,’’ 1967, western edge of the Santa Ana River in or loan programs or the rights and photorevised 1988. obligations of recipients thereof; or (2) ‘‘Cucamonga Peak, Calif.,’’ 1966, a generally southwesterly direction until (4) Raise novel legal or policy issues photorevised 1988. it meets the San Bernardino—Riverside arising out of legal mandates, the (3) ‘‘Devore, Calif.,’’ 1966, County line; President’s priorities, or the principles photorevised 1988. (11) The boundary follows the county set forth in Executive Order 12866. (4) ‘‘San Bernardino North, Calif.,’’ line west, crossing onto the Guasti, Calif., U.S.G.S. map, until it reaches the Regulatory Flexibility Act 1967, photorevised 1988. (5) ‘‘Ontario, Calif.,’’ 1967, unnamed channel between Etiwanda It is hereby certified that this photorevised 1981. and Mulberry Avenues (identified by regulation will not have a significant (6) ‘‘Guasti, Calif.,’’ 1966, the petitioner as Etiwanda Creek economic impact on a substantial photorevised 1981. Channel); number of small entities. Any benefit (7) ‘‘Fontana, Calif.,’’ 1967, (12) The boundary then follows derived from the use of a viticultural photorevised 1980. Etiwanda Creek Channel in a southerly area name is the result of the (8) ‘‘San Bernardino South, Calif.,’’ direction until it parallels Bain Street; proprietor’s own efforts and consumer 1967, photorevised 1980. (13) The boundary then diverges from acceptance of wines from a particular (9) ‘‘Prado Dam, Calif.,’’ 1967, Etiwanda Creek Channel and follows area. No new recordkeeping or reporting photorevised 1981. Bain Street south until it ends at Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations 16579

Limonite Avenue in the northeast register, but may do so as late as the day in 1994. Studies by the NPS showed corner of the Corona North, Calif., they depart for the mountain. that the major reason climbers got into U.S.G.S. map; DATES: This rule is effective March 31, trouble on the mountain and required (14) The boundary then continues 1995. Expiration date: Section 13.63(f) rescue was their unfamiliarity with the south in a straight line until it reaches will expire on March 31, 1997, unless hazards unique to Mount McKinley. the northern shore of the Santa Ana amended or revised by future Specifically, extreme weather River; rulemaking. However, written conditions, their changeability, and the (15) The boundary then follows the comments will be accepted until May other hazards associated with climbing north shore of the Santa Ana River until 30, 1995. in such northerly latitudes caught the it intersects the 560 foot contour line in ADDRESSES: Comments should be climbers unprepared. The NPS Section 1 T3S/R7W; directed to: Superintendent, PO Box 9, determined that climbers need better (16) The boundary then follows the Denali National Park, AK 99755. education and information prior to their ′ 560 contour line to the north of the FOR FURTHER INFORMATION CONTACT: climbs and that an appropriate time Santa Ana River in a generally westerly Steve Martin, Acting Superintendent, frame was necessary to convey this direction until it reaches Euclid Avenue Denali National Park and Preserve, P.O. information to the climbing community. on the Prado Dam, Calif., U.S.G.S. map; Box 9, Denali National Park, AK 99755. Climbers from 22 countries registered to (17) The boundary then follows climb Mount McKinley in 1990. With so Euclid Avenue north to the point of SUPPLEMENTARY INFORMATION: many climbers seeking permits, beginning. Background adequate lead time required to fulfill the requests lengthens. The 60 day pre- Signed: March 1, 1995. Denali National Park was first registration period will provide Daniel R. Black, established as Mt. McKinley National sufficient opportunity for the Denali Acting Director. Park on February 26, 1917. A separate park staff to provide the necessary Approved: March 9, 1995. Denali National Monument was information to prospective proclaimed on December 1, 1978. These Dennis M. O’Connell, mountaineers on the dangers they may two were combined, reconfigured and face climbing in the park, how to Acting Deputy Assistant Secretary, established as Denali National Park and (Regulatory, Tariff and Trade Enforcement). prepare and equip themselves for the Preserve on December 2, 1980, climb, other safety related issues, and [FR Doc. 95–7893 Filed 3–30–95; 8:45 am] encompassing 6.5 million acres. Prior to BILLING CODE 4810±31±U requirements concerning resource achieving its current configuration, the protection issues such as litter removal land the park now encompasses was and human waste disposal. recognized for its unique ecological DEPARTMENT OF THE INTERIOR value and designated an International Authority Biosphere Reserve in 1976. That This regulation is promulgated National Park Service designation has since been expanded to pursuant to the Secretary of the encompass the entire 6.5 million acre Interior’s authority to make and publish 36 CFR Part 13 park and preserve. The park contains necessary and proper rules and North America’s highest mountain, RIN 1024±AC31 regulations for the use and management 20,320 foot Mount McKinley. Mount of parks, monuments and reservations Denali National Park and Preserve, Foraker, at 17,400 feet, and numerous under the jurisdiction of the National Alaska large glaciers of the Alaska Range are Park Service (16 U.S.C. 3). also a part of this park’s subarctic AGENCY: National Park Service, Interior. ecosystem. Wildlife includes caribou, Interim Rulemaking ACTION: Interim rule with request for Dall sheep, moose, grizzly bears and The purpose of this rulemaking is to comments. wolves. allow the park enough time to provide The first ascent of Mount McKinley climbers with better general and safety SUMMARY: The National Park Service occurred in 1913. Climbing continued to related information in order to reduce (NPS) is promulgating an interim rule to be a popular activity, although on a the number of climbing accidents and require mountain climbers to register a small scale, after the park was the attendant injuries and deaths, the minimum of 60-days before any climb established. However, during the last occurrence of which have recently and on Mount McKinley and Mount Foraker ten years mountaineering in the park dramatically increased. In order for the in Denali National Park. Mountaineering has increased dramatically. The number NPS to implement these safeguards in the park has increased dramatically of Mount McKinley climbers has risen prior to the 1995 climbing season, over the last ten years. The number of from 695 in 1984 to 1,277 in 1994. With which begins in April 1995, the interim climbers on Mount McKinley has risen the numbers of climbers increasing, the rule will need to be effective upon the from 695 in 1984 to 1,277 in 1994. number of accidents, rescues, and date of publication. The park is already Climbing-related injuries and deaths resource related problems have also receiving requests for information about have correspondingly increased. By increased. Since 1932 a total of 79 the 1995 climbing season; allowing for requiring advance registration, the mountaineers have perished on the notice and comment or delaying the Denali park staff will be able to provide slopes of Mount McKinley; 23 percent effective date of the rule will not allow information to prospective of these deaths (18 people) have the NPS adequate time to implement mountaineers in advance of their climb. occurred since 1990. Recent years have these safeguards. The interim rule has a This may include information on the also seen an increase in climbing related two-year ‘‘sunset clause’’. Notice and specific dangers they may face, how to deaths on Mount Foraker and the other comment rulemaking will be conducted prepare and equip, other safety related Alaska Range peaks located in the park. with full public involvement during this issues, and requirements concerning In 1990, eight mountaineers were two-year time period. The intended resource protection issues such as litter rescued on Mount McKinley. In sharp result of this action is to immediately removal and human waste disposal. contrast, the number of mountaineers increase the safety of mountain climbers Currently, climbers are required to rescued increased to 28 in 1992, and 27 by allowing sufficient time for the park