San Bernabe and San Lucas Viticultural Areas

Federal Register / Vol. 68, No. 93 / Wednesday, May 14, 2003 / Proposed Rules 25851

DEPARTMENT OF THE TREASURY PO Box 4644, Petaluma, California growing region as a viticultural area. 94955–4644; telephone 415–271–1254. The petition must include— Alcohol and Tobacco Tax and Trade SUPPLEMENTARY INFORMATION: • Evidence of local and/or national Bureau name recognition of the proposed TTB Background viticultural area as the area specified in 27 CFR Part 9 What Is the Impact of the Homeland the petition; • Security Act on Rulemaking? Historical or current evidence that RIN 1512–AC60 the proposed viticultural area’s Effective January 24, 2003, the [TTB Notice No. 8] boundaries are as specified in the Homeland Security Act of 2002 divided petition; the Bureau of Alcohol, Tobacco and • Evidence of geographical San Bernabe and San Lucas Firearms (ATF) into two new agencies, Viticultural Areas (2001R–170P) characteristics, such as climate, soil, the Alcohol and Tobacco Tax and Trade elevation, physical features, etc., that AGENCY: Alcohol and Tobacco Tax and Bureau in the Department of the distinguish the proposed area from Trade Bureau (TTB), Treasury. Treasury and the Bureau of Alcohol, surrounding areas; Tobacco, Firearms and Explosives in the • ACTION: Notice of proposed rulemaking. A description of the specific Department of Justice. Regulation of boundaries of the viticultural area, SUMMARY: The Alcohol and Tobacco Tax wine labeling, including viticultural based on features reflected on United and Trade Bureau proposes the area designations, is the responsibility States Geological Survey (USGS) establishment of the San Bernabe of the new TTB. References to ATF in approved maps of the largest applicable viticultural area (the proposed area) and this document relate to events that scale; and the realignment of the adjacent San occurred prior to January 24, 2003, or to • A copy (or copies) of the USGS- Lucas viticultural area. Both viticultural functions that the Bureau of Alcohol, approved map(s) with the boundaries areas exist entirely within the Central Tobacco, Firearms and Explosives prominently marked. Coast and Monterey viticultural areas continues to perform. Will This Proposal Impact on Current and within Monterey County, Background on Viticultural Areas Wine Labels? California. The proposed San Bernabe viticultural area consists of 24,796 acres What Is TTB’s Authority To Establish a If this proposed viticultural area is that the petitioner states are Viticultural Area? established, bottlers who use brand predominantly rolling hills of sandy The Federal Alcohol Administration names like the name of the viticultural soils. The realignment would transfer Act (FAA Act) at 27 U.S.C. 205(e) area may be affected. If you do use a 1,281 acres of rolling, sandy land from requires that alcohol beverage labels brand name like San Bernabe, you must the northwest San Lucas area to the provide the consumer with adequate ensure that your existing products are south San Bernabe area. This proposed information regarding a product’s eligible to use the name of the realignment would avoid splitting a identity, while prohibiting the use of viticultural area as an appellation of large vineyard between two viticultural deceptive information on such labels. origin. For a wine to be eligible, at least areas and prevent overlapping of The FAA Act also authorizes TTB to 85 percent of the grapes in the wine viticultural areas. Claude Hoover of issue regulations to carry out the Act’s must have been grown within the Delicato Family Vineyards, Monterey, provisions. viticultural area. California, filed both petitions. Regulations in 27 CFR part 4, Labeling If the wine is not eligible to use the appellation, you must change the brand DATES: We must receive written and Advertising of Wine, allow the comments by July 14, 2003. establishment of definitive viticultural name of that wine and obtain approval of a new label. Different rules apply if ADDRESSES: You may send comments to areas and the use of their names as appellations of origin on wine labels you label a wine in this category with any of the following addresses— a label approved before July 7, 1986. See • Chief, Regulations and Procedures and in wine advertisements. Title 27 CFR Part 9, American Viticultural 27 CFR 4.39(i) for details. Additionally, Division, Alcohol and Tobacco Tax and where the name of a viticultural area is Trade Bureau, PO Box 50221, Areas, contains the list of approved viticultural areas. presented on a wine label in a context Washington, DC 20091–0221 (Attn: other than as the claimed appellation of Notice No. 8); What Is the Definition of an American • origin, then the use of such a 202–927–8525 (facsimile); Viticultural Area? viticultural area name is subject to the • [email protected] (e-mail); or • Title 27 CFR 4.25a(e)(1) defines an general prohibitions against misleading http://www.ttb.gov (An online American viticultural area as a representation in part 4 of the comment form is posted with this notice delimited grape-growing region regulations. on our Web site). distinguishable by geographic features San Bernabe and San Lucas Petitions You may view copies of this notice whose boundaries have been delineated and any comments received at http:// in subpart C of part 9. These We received two petitions proposing www.ttb.gov or by appointment at the designations allow consumers and (1) the establishment of a new ATF Reference Library, 650 vintners to attribute a given quality, viticultural area to be named San Massachusetts Avenue, NW., reputation, or other characteristic of Bernabe and (2) a realignment of the Washington, DC 20226; phone 202–927– wine made from grapes grown in an area adjacent, established San Lucas 7890. to its geographical origin. viticultural area. Both areas are located See the Public Participation section of in central Monterey County, California. this notice for specific instructions and What Is Required To Establish a The proposed San Bernabe viticultural requirements, and for information on Viticultural Area? area encompasses 24,796 acres, of how to request a public hearing. Section 4.25a(e)(2) outlines the which 7,636 acres are vineyard. The FOR FURTHER INFORMATION CONTACT: N. procedure for proposing an American petitioned realignment of the San Lucas A. Sutton, Specialist, Regulations and viticultural area. Anyone interested may viticultural area would transfer 1,281 Procedures Division (California), TTB, petition TTB to establish a grape- acres to the proposed San Bernabe

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viticultural area, create a common the proposed viticultural area of the Lockwood series soils dominate the boundary line between the two areas, same name. adjacent San Lucas viticultural area, and avoid overlapping of the viticultural The petitioner defines the proposed according to the petitioner. The areas. Claude Hoover of Delicato Family San Bernabe viticultural area proposed realignment area possesses a Vineyards, Monterey, California, filed boundaries on USGS maps by predominance of the wind-produced both petitions. connecting benchmarks, mountain eolian soils that contrast to the alluvial peaks, and other geographical features type soils of the San Lucas area. Above What Name Evidence Related to San with straight lines and by using several and west of the 700-foot contour line, Bernabe Has Been Provided? existing roads that follow the hilly the soils are derived from the shale- According to the 1991 publication of terrain and soil changes. based Santa Lucia Mountains. The ‘‘Monterey County Place Names, A The proposed San Bernabe bench soils along the east boundary are Geographical Dictionary,’’ by Donald viticultural area shares portions of its common to the Salinas River area. East Thomas Clark, Father Pedro Font, a west and southwest boundary lines with of the proposed viticultural area, the member of the California expedition of the surrounding Monterey viticultural Gabilan Mountain Range includes Spanish explorer DeAnza, documented area, which is also surrounded by the calcareous sandstone, shale, and the initial reference to San Bernabe on Central Coast viticultural area. If the siltstone, which come from a different March 8, 1776. He wrote in his diary, petitioned realignment is approved, the source material, according to the ‘‘we had passed a spur of the Sierra de proposed San Bernabe area will share its petitioner. southeast boundary with the San Lucas Santa Lucia * * * The road at first runs Climate through a spur of mountains, until it viticultural area. According to the descends to a wide valley called the petitioner, the transfer of 1,281 acres of The petitioner explains that the Can˜ ada de San Bernabe.’’ Eventually the the San Lucas viticultural area to the Salinas Valley forms a broad funnel for area became known as ‘‘Rancho San San Bernabe proposed viticultural area the strong, cool, afternoon marine winds Bernabe.’’ would better define the geographical coming off Monterey Bay during the The Thompson Canyon and San differences between the established San warm months. The winds are drawn Lucas USGS quadrangle maps Lucas and the proposed San Bernabe inland and south through the Salinas prominently identify the area as San viticultural areas and avoid splitting an Valley by rising, warm air and moderate Bernabe. The relevant Thomas Guide existing vineyard between viticultural the valley’s high and low temperatures labels this area Rancho San Bernabe. areas. to varying degrees, which produces a graduated effect within the Salinas The TopoZone map Web site identifies What Geographical Features Distinguish Valley. As a result, the proposed San this rural area as San Bernabe. San Bernabe From Other Areas? Bernabe area is warmer than viticultural The 13,000-acre San Bernabe The proposed San Bernabe areas to the north and that are closer to vineyard, with 7,636 acres planted to viticultural area is located immediately Monterey Bay and cooler than the grapes, sits almost entirely within the south of King City in the long Salinas adjoining San Lucas viticultural area to proposed new and realignment Valley. The approximately 9-mile-long the immediate south, according to the viticultural areas. The petitioner and 7-mile-wide proposed viticultural petition. explains that the small portion of the area occupies the valley floor and The moderating effect dissipates as vineyard estate outside these proposed rolling foothills from the Salinas River the winds travel inland, creating a series boundaries is unplanted and unsuitable west to the Santa Lucia Mountains. The of temperature-unique, grape-growing for grape cultivation. The San Bernabe petitioner explains the unique qualities areas within the long Salinas Valley. vineyard estate is recognized as the of the San Bernabe area include its San Bernabe, at 60 miles south of the largest continuous vineyard estate under climate, water quality, wind-produced Monterey Bay, averages a 30-degree a single ownership in the free world, eolian soils, and rolling hills. The daily temperature variation, while according to the petitioner. petitioner claims that the 1,281 acres Salinas, at 17 miles from the Monterey What Historical/Current Evidence proposed for realignment possess the Bay, averages an 18-degree daily Supports the Boundaries as Specified? similar eolian soils, rolling hills temperature variation, according to the topography, and the same irrigation petition. According to the 1991 ‘‘Monterey water quality of the petitioned San The cool night air helps retain the County Place Names, A Geographical Bernabe viticultural area. grapes’ acid and color, while the daily Dictionary,’’ the San Bernabe area land heat encourages ripeness and flavor. Soil grants were given to Jesus Molina in The petition states that the San Bernabe 1841 and in 1842 to Petronillo Rios. In Grapes grow below the 700-foot area averages 30 frost-days annually, 1842 Rios bought the Molina land grant elevation level on rolling hills in wind- while Salinas, closer to Monterey Bay, and the Rios family began raising cattle produced eolian soils, according to the averages only four frost-days. and crops on this land and producing petition. The Oceano, Garey, and Garey- According to the petitioner, most rain wine from their own grapes. The Rios Oceano complex eolian soil types, falls at the Salinas Valley’s extreme ranch, known as Rancho San Bernabe, which are well to excessively well- north and south ends. Less rain falls in eventually became a successful vineyard drained, dominate the petitioned San between, including the proposed and wine producing property. Bernabe viticultural area. The petitioner viticultural area. The petition states that According to the petitioner, in the states that small niches of alluvial soils, the San Bernabe area averages 13 inches 1970s Prudential-Southdown purchased derived from the shale-based Santa annual rainfall, while Salinas at the the San Bernabe acreage for vineyard Lucia Mountains, lie within the north end averages 17.5 inches, and development. The petitioner explains petitioned area and immediately to the Paso Robles at the south end averages 19 that in 1988 the Delicato family bought north and south of the proposed inches. the San Bernabe vineyard for its boundary lines. premium and super-premium wine The surrounding, larger Monterey Water Resources market potential. The San Bernabe viticultural area consists of only 1.6 The petitioner explains that irrigation vineyard estate occupies 52 percent of percent eolian soils, and the alluvial water is used extensively in the

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vineyards. The water comes from area (1) Thompson Canyon Quadrangle, How Can I Get Information About This reservoirs and contains small amounts California-Monterey County, 7.5 Minute Notice? of carbonates and nitrates, which Series, 1949 edition (photorevised You may view copies of the petition, benefits the grapevines and soil. Toward 1984); the proposed regulation, the appropriate the Monterey Bay, water quality (2) San Lucas Quadrangle, California- maps, and any comments received by declines as nitrate and carbonate levels Monterey County, 7.5 Minute Series, appointment at the ATF Reference increase, according to the petitioner. 1949 edition (photorevised 1984); Library, 650 Massachusetts Avenue, What San Lucas Boundary Descriptions (3) Espinosa Canyon Quadrangle, NW., Washington, DC 20226. You may Have Been Provided? California-Monterey County, 7.5 Minute also obtain copies at 20 cents per 8.5 11- Series, 1949 edition (photorevised inch page. Contact the ATF Librarian at We are considering the San Bernabe 1979); and the above address or telephone 202– petition and a revision of the north 927–7890 to schedule an appointment (4) Cosio Knob Quadrangle, boundary of the San Lucas viticultural or to request copies of comments. California-Monterey County, 7.5 Minute area as defined in 27 CFR 9.56 at the For your convenience, we will post Series, 1949 edition (photorevised same time. The proposed revision this notice and the comments received 1984). would reduce the San Lucas viticultural on the TTB Web site. All posted area from 34,642 to 33,361 acres, a loss The USGS publishes the two maps comments will show the names of of 3.5 percent, or 1,281 acres, which used to mark the boundaries of the San commenters but not street addresses, would be incorporated into the Lucas viticultural area’s proposed telephone numbers, or e-mail addresses. proposed San Bernabe viticultural area. realignment. The scale is 1:24,000, and We may also omit voluminous A series of high elevation boundary the maps are— attachments or material that we points establishes the San Lucas area (1) Espinosa Canyon Quadrangle, consider unsuitable for posting. In all north border and currently overlaps the California-Monterey County, 7.5 Minute cases, the full comment will be available south boundary line of the proposed Series, 1949 edition (photorevised in the ATF Reference Library. To access San Bernabe viticultural area. The San 1979); and the online copy of this notice, visit Lucas north boundary line bisects seven (2) San Lucas Quadrangle, California- http://www.ttb.gov and select of the petitioner’s vineyard blocks. ‘‘Alcohol,’’ then ‘‘Rules and Ninety percent of the large San Bernabe Monterey County, 7.5 Minute Series, 1949 edition (photorevised 1984). Regulations,’’ then ‘‘Notices of proposed vineyard estate is within the proposed rulemaking (Alcohol).’’ Select the ‘‘View San Bernabe viticultural area, and ten This proposed realignment area is an Comments’’ link under this notice percent is within the San Lucas angular strip of land in the northwest number to view the posted comments. viticultural area, according to the San Lucas viticultural area, adjacent to petitioner. Approval of the San Lucas the proposed San Bernabe viticultural How Should I Submit Comments? realignment would avoid a division of area. You may submit comments in any of this vineyard. Public Participation four ways. In support of the San Lucas boundary • By mail: You may send written revision, the petitioner indicates that Who May Comment on This Notice? comments to TTB at the address listed the soils in this area closely reflect the in the ADDRESSES section. We request comments from anyone sandy loam soils of the San Bernabe • By facsimile: You may submit interested. TTB is particularly interested area. The 1972 U.S. Department of comments by facsimile transmission to in whether the adjustment of the San Agriculture, Soil Conservation Service, 202–927–8525. Faxed comments must— Lucas viticultural area boundaries will Soil Survey of Monterey County map (1) Be on 8.5-by 11-inch paper; impact other vineyards or wineries. documents a change from the Oceano (2) Contain a legible, written Please support your comments with loamy sand and Garey sandy loam soils signature; and specific information about the proposed that dominate the San Bernabe area to (3) Be five or less pages long. This area’s name, growing conditions, or the Greenfield, Lockwood, and Metz limitation assures electronic access to boundaries. All comments must include soils that dominate the San Lucas area. our equipment. We will not accept your name and mailing address, The petitioner explains that the same faxed comments that exceed five pages. reference this notice number, and be climate and irrigation factors exist in the • By e-mail: You may e-mail legible and written in language proposed 1,281-acre realignment area comments to [email protected]. Comments acceptable for public disclosure. and the proposed new San Bernabe transmitted by electronic-mail must— viticultural area, as is demonstrated by Although we do not acknowledge (1) Contain your e-mail address; the petitioner’s uniform viticulture receipt, we will consider your (2) Reference this notice number on practices within the 13,000-acre comments if we receive them on or the subject line; and vineyard estate. before the closing date. We will (3) Be legible when printed on 8.5-by consider comments received after the 11-inch paper. What Maps Reflect the Boundaries of closing date if we can. We regard all • By online form: We provide a the Proposed San Bernabe Viticultural comments as originals. comment form with the online copy of Area and the Boundary Revision of the this notice on our Web site at http:// San Lucas Viticultural Area? Will TTB Keep My Comments Confidential? www.ttb.gov. Select ‘‘Alcohol,’’ then The petitioned new San Bernabe ‘‘Rules and Regulations,’’ then Notices viticultural area and the established San We do not recognize any submitted of proposed rulemaking (Alcohol).’’ Lucas viticultural area are located in material as confidential. All comments Select the ‘‘Send comments via email’’ Monterey County, California. Four are part of the public record and subject link under this notice number. USGS-published, 1:24,000 scale to disclosure. Do not enclose in your You may also write to the topographic maps define the boundaries comments any material you consider Administrator before the comment of the proposed San Bernabe viticultural confidential or inappropriate for closing date to ask for a public hearing. area. The maps are— disclosure. The Administrator reserves the right to

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determine, in light of all circumstances, 2. Subpart C is amended by adding (7) Proceed southwest in a straight whether a public hearing will be held. Section 9.ll to read as follows: line for 0.6 mile to the 595-foot peak, Section 13, in T21S and R8E (Espinosa Regulatory Analyses and Notices Subpart C—Approved American Canyon Quadrangle); then Does the Paperwork Reduction Act Viticultural Areas (8) Proceed southwest in a straight Apply to This Proposed Rule? § 9.ll San Bernabe line for 1.3 miles to the 788-foot peak, section 23, in T21S and R8E (Espinosa We propose no requirement to collect (a) Name. The name of the viticultural Canyon Quadrangle); then information. Therefore, the provisions area described in this section is ‘‘San (9) Proceed southwest in a straight of the Paperwork Reduction Act of 1995, Bernabe’’. line for 0.7 mile to the intersection of 44 U.S.C. 3507, and its implementing (b) Approved Maps. The appropriate the unimproved road and jeep trail, east regulations, 5 CFR part 1320, do not maps for determining the boundary of of the 73-degree longitudinal line, apply. the San Bernabe viticultural area are section 26, in T21S and R8E (Espinosa four 1:24,000 scale, USGS-published Does the Regulatory Flexibility Act Canyon Quadrangle); then Apply to This Proposed Rule? topographic maps. They are titled: (1) Thompson Canyon Quadrangle, (10) Proceed northwest in a straight We certify that this regulation, if California-Monterey County, 1949 line for 3.2 miles to the northwest adopted, will not have a significant (photorevised 1984). corner of section 16, in T21S and R8E economic impact on a substantial (2) San Lucas Quadrangle, California- (Espinosa Canyon Quadrangle); then number of small entities, including Monterey County, 1949 (photorevised (11) Proceed southwest in a straight small businesses. The proposal imposes 1984). line for 1.5 miles to the northeast corner no new reporting, recordkeeping, or (3) Espinosa Canyon Quadrangle, of section 19, in T21S and R8E (Cosio other administrative requirements. California-Monterey County, 1949 Knob Quadrangle); then The establishment of viticultural areas (photorevised 1979). (12) Proceed southwest in a straight represents neither our endorsement nor (4) Cosio Knob Quadrangle, line for 2.2 miles to the southwest approval of the quality of wine made California-Monterey County, 1949 corner of section 24, in T21S and R7E from grapes grown in the areas. Rather, (photorevised 1984). (Cosio Knob Quadrangle); then it is a system that identifies areas (c) Boundary. The proposed (13) Proceed north in a straight line distinct from one another. In turn, viticultural area is located in central for 2 miles to the northwest corner of identifying viticultural areas lets Monterey County, south of King City, section 13, in T21S and R7E (Cosio wineries describe more accurately the California, and west of highway 101. Knob Quadrangle); then origin of their wines to consumers and The point of beginning is benchmark (14) Proceed east in a straight line for helps consumers identify the wines they 304, located one-half mile southwest of 1 mile to the northeast corner of section purchase. Thus, any benefit derived King City, along the Salinas River, in 13, in T21S and R7E (Cosio Knob from using a viticultural area name Township 20 South (T20S) and Range 8 Quadrangle); then results from the proprietor’s efforts and East (R8E) (Thompson Canyon (15) Proceed north in a straight line consumer acceptance of wines from that Quadrangle); then for 2 miles, along the R7E and R8E area. Therefore, no regulatory flexibility (1) Proceed southeast in a straight line common boundary line, to the analysis is required. for 2.35 miles to benchmark 304, at the northwest corner of section 6, in T21S and R8E (Thompson Canyon Is This Proposed Rule a Significant intersection of a trail and the 300-foot Quadrangle); then Regulatory Action? contour line, between highway 101 and the Salinas River, in T20S and R8E (San (16) Proceed east in a straight line for This proposed rule is not a Lucas Quadrangle); then 0.1 mile to the southwest corner of ‘‘significant regulatory action’’ as (2) Proceed southeast in a straight line section 31 and continue diagonally to defined by Executive Order 12866. for 2.9 miles to benchmark 336, between the northeast corner of section 31, in Therefore, no regulatory assessment is highway 101 and the Salinas River, in T20S and R8E (Thompson Canyon required. T20S and R8E (San Lucas Quadrangle); Quadrangle); then Drafting Information then (17) Proceed west in a straight line for (3) Proceed southeast in a straight line 2 miles to the southwest corner of The principal author of this document for 3 miles to benchmark 340, between section 25, in T20S and R7E (Thompson is N. A. Sutton (California), and the U.S. highway 101 and the Salinas River, Canyon Quadrangle); then editor is Jane R. Stefanik (Washington, in T21S and R9E (San Lucas (18) Proceed due north in a straight DC), Regulations and Procedures Quadrangle); then line for 0.1 mile to the intersection with Division, Alcohol and Tobacco Tax and (4) Proceed south in a straight line for a light duty road, named Pine Canyon Trade Bureau. 0.8 mile to the intersection of the Road, in section 25, and continue List of Subjects in 27 CFR Part 9 Salinas River and the highway 198 northeast along that road for 3.2 miles to its intersection with an unnamed Wine. bridge, in T21S and R9E (Espinosa Canyon Quadrangle); then secondary highway, north of benchmark Authority and Issuance (5) Proceed southwest along highway 337, section 18, in T20S and R8E Title 27, Code of Federal Regulations, 198 for 0.6 mile to its intersection with (Thompson Canyon Quadrangle); then Part 9, American Viticultural Areas, is an unnamed light duty road, in T21S (19) Proceed northwest along the proposed to be amended as follows: and R9E (Espinosa Canyon Quadrangle); unnamed secondary highway for 0.3 then mile to its intersection with highway PART 9—AMERICAN VITICULTURAL (6) Proceed northwest, followed by 101, in T20S and R8E (Thompson AREAS southwest, about 1.2 miles along the Canyon Quadrangle); then meandering, unnamed, light duty road (20) Proceed northeast along highway 1. The authority citation for part 9 to its intersection with the fork of an 101 for 0.7 mile to benchmark 304, continues to read as follows: intermittent stream, in T21S and R8E returning to the point of beginning Authority: 27 U.S.C. 205. (Espinosa Canyon Quadrangle); then (Thompson Canyon Quadrangle).

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3. Amend section 9.56, San Lucas concerning buoys, sound signals, do so, please include your name and viticultural area, to revise paragraphs international rules at sea, address, identify the docket number for (c)(24) and (c)(25) and add paragraphs communications procedures, and large this rulemaking (USCG–2001–10714), (c)(26) and (c)(27) to read as follows: navigational buoys, and by rewriting indicate the specific section of this some regulations to make them clearer document to which each comment § 9.56 San Lucas and gender-neutral. The proposed applies, and give the reason for each * * * * * changes would update existing rules to comment. You may submit your (c) Boundary. *** reflect current practices and make them comments and material by mail, hand (24) Then northeasterly easier to understand. delivery, fax, or electronic means to the approximately 1.3 miles to the 595-foot DATES: Comments and related material promontory, section 13, T. 21 S., R. 8 E. Docket Management Facility at the must reach the Docket Management address under ADDRESSES; but please (Espinosa Canyon Quadrangle); Facility on or before August 12, 2003. (25) Then northeasterly submit your comments and material by approximately 0.6 mile to the ADDRESSES: To make sure that your only one means. If you submit them by intersection of a meandering, unnamed, comments and related material are not mail or hand delivery, submit them in light duty road and the fork of an entered more than once in the docket, an unbound format, no larger than 81⁄2 intermittent stream, then continues please submit them by only one of the by 11 inches, suitable for copying and meandering northeasterly, followed by following means: electronic filing. If you submit them by southeasterly, approximately 1.1 miles (1) By mail to the Docket Management mail and would like to know that they to its intersection with an unnamed, Facility (USCG–2001–10714), U.S. reached the Facility, please enclose a light duty road south of the windmill, Department of Transportation, room PL– stamped, self-addressed postcard or T. 21 S., R. 8 E. (Espinosa Canyon 401, 400 Seventh Street, SW., envelope. We will consider all Quadrangle); Washington, DC 20590–0001. comments and material received during (26) Then northeasterly along the (2) By delivery to room PL–401 on the the comment period. We may change unnamed road approximately 0.6 mile Plaza level of the Nassif Building, 400 this proposed rule in view of them. to its intersection with the Salinas Seventh Street, SW., Washington, DC, River, then continues 0.8 mile north in between 9 a.m. and 5 p.m., Monday Public Meeting a straight line to benchmark 340, through Friday, except Federal holidays. The telephone number is 202–366– We do not now plan to hold a public between highway 101 and the Salinas meeting. But you may submit a request River, in T. 21 S., R. 9 E. (San Lucas 9329. (3) By fax to the Docket Management for one to the Docket Management Quadrangle); Facility at the address under ADDRESSES (27) Then approximately 0.4 mile Facility at 202–493–2251. (4) Electronically through the Web explaining why one would be northwesterly in a straight line to the site for the Docket Management System beneficial. If we determine that one intersection with a water tank, then at http://dms.dot.gov. would aid this rulemaking, we will hold continues northeasterly in a straight line The Docket Management Facility one at a time and place announced by approximately 0.7 mile, and returns to maintains the public docket for this a later notice in the Federal Register. the point of beginning in the northwest rulemaking. Comments and material corner of section 5, in T. 21 S., R. 9 E. received from the public, as well as Background and Purpose (San Lucas Quadrangle). documents mentioned in this preamble The Coast Guard’s Office of Short- Signed: April 29, 2003. as being available in the docket, will Range Aids to Navigation frequently Arthur J. Libertucci, become part of this docket and will be reviews the rules on Aids to Navigation. Administrator. available for inspection or copying at During our most recent review, we [FR Doc. 03–11970 Filed 5–13–03; 8:45 am] room PL–401 on the Plaza level of the found that many rules do not reflect BILLING CODE 4810–31–P Nassif Building, 400 Seventh Street, current technologies and practices. For SW., Washington, DC, between 9 a.m. example, what we formerly called ‘‘fog and 5 p.m., Monday through Friday, signals,’’ we now call ‘‘sound signals.’’ except Federal holidays. You may also DEPARTMENT OF HOMELAND Also, we want to inform users that find this docket on the Internet at SECURITY certain safety information, such as http://dms.dot.gov. ‘‘Notice to Mariners’’ can now be found Coast Guard FOR FURTHER INFORMATION CONTACT: If on the World Wide Web. Therefore, the you have questions on this proposed Assistant Commandant for Operations 33 CFR Parts 62, 66, 67, and 72 rule, contact Mr. Dan Andrusiak, Project proposes to update our aids to Manager, Program Management [USCG–2001–10714] navigation rules and to eliminate any Division, Office of Short-Range Aids to ambiguous or confusing language in RIN 1625–AA34 (Formerly RIN 2115–AG25) Navigation (G–OPN), Coast Guard, them. telephone 202–267–0327 (email: Update of Rules on Aids to Navigation [email protected]). Discussion of Proposed Rule Affecting Buoys, Sound Signals, If you have questions on viewing or International Rules at Sea, submitting material to the docket, call The regulations we propose to revise Communications Procedures, and Ms. Dorothy Beard, Chief, Dockets, are in 33 CFR parts 62, 66, 67 and 72. Large Navigational Buoys Department of Transportation, Our discussion of our proposed AGENCY: Coast Guard, DHS. telephone 202–366–5149. revisions are presented below under the four corresponding subject area ACTION: Notice of proposed rulemaking. SUPPLEMENTARY INFORMATION: headings: United States Aids to SUMMARY: The Coast Guard proposes to Request for Comments Navigation System, Private Aids to revise its aids to navigation and We encourage you to participate in Navigation, Aids to Navigation on maritime information regulations by this rulemaking by submitting Artificial Islands and Fixed Structures, updating technical information comments and related material. If you and Marine Information.

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